Interest-based Negotiation Research Articles

Community Governance in Age-Friendly Community Regeneration—A Case Study on Installing Elevators in Old Residential Buildings

The rise in aging world populations poses enormous concerns, among which is the critical topic of how to promote active aging by improving the health and well-being of the elderly. Accordingly, installing elevators in old residential buildings has become a main issue in age-friendly community regeneration to make it easier for the elderly to go outside. There is limited evidence on stakeholder involvement in age-friendly community regeneration. Some studies have overlooked the fact that fostering age-friendly communities in developing countries requires innovative governance for inclusive physical and social features despite the low awareness of citizen engagement. With reference to community governance as a structure and process, a theoretical framework is proposed to understand the practice of elevator installation in age-friendly community regeneration in Guangzhou, China. This study adopted the questionnaire survey method and collected 455 valid samples (150 valid samples with installed elevators; 305 valid samples did not install elevators). The findings led to the following conclusions: (1) shared common interests lead to effective community governance and smooth elevator installation; (2) some communities failed to install elevators due to opposition from people whose interests were hindered; and (3) it is important to set up self-governing organizations and find key people in community governance for interest-based negotiation. This paper’s contribution is that it makes up for the deficiency in the previous research that has neglected the elderly’s participation in public affairs via age-friendly community regeneration. Finally, this study suggests further research on the dynamic processes of different types of age-friendly community regeneration affairs.

Analysis of Business Negotiation Strategy Application -Taking Nike as an Example

Nike has released its 2020 Impact Report, which reviews the achievements in the fiscal year 2020 and the achievement of previously set five-year (2016-2020) goals. Although the set goals were well underway, the company's Annual Earnings report was not satisfactory. Nike failed to meet its projected revenue of $50 billion set for 2020, so this paper analyzes and suggests how the company can effectively negotiate with organizations and customers based on Nikes interests and positions of different footwear products. Based on the growth-share matrix, Nike's footwear products are divided into four categories and how Nike shall negotiate pricing is analyzed in turn. This paper can concludes from the analysis of the four categories of footwear products that both interest-based negotiations and position-based negotiations represent Nike's overall interests. In interest-based negotiation, market research should be conducted to understand the demand for each product, and prices should be set accordingly to maximize revenue without losing customers. In position-based negotiations, the most important thing to grasp should be the hard indicator of profitability. When negotiating, Nike should set a fixed price for each product based on its own needs and goals. This price must be determined based on factors such as production costs, profit margins and product positioning. Therefore, in negotiations with suppliers and customers, Nike can change Nike's footwear pricing strategy according to its own interests and position.

Web-Based, Interactive, Interest-Based Negotiation Training for Managing Conflict in Isolated Environments: Opportunistic Study With an e-Survey.

Effective negotiation in relationships is critical for successful long-duration space missions; inadequate conflict resolution has shown serious consequences. Less desirable forms of negotiation, including positional bargaining (eg, negotiating prices), can exacerbate conflicts. Traditional positional bargaining may work for simple, low-stakes transactions but does not prioritize ongoing relationships. High-stakes situations warrant interest-based negotiation, where parties with competing interests or goals collaborate in a mutually beneficial agreement. This is learnable but must be practiced. Refresher training during conflicts is important to prevent out-of-practice crew members from using less effective negotiation techniques. Training should be self-directed and not involve others because, on a space mission, the only other people available may be part of the conflict. We aimed to develop and test an interactive module teaching principles and skills of interest-based negotiation in a way that users find acceptable, valuable for learning, and enjoyable. Using a web-based, interactive-media approach, we scripted, filmed, and programmed an interest-based negotiation interactive training module. In the module, the program mentor introduces users to "The Circle of Value" approach to negotiation and highlights its key concepts through interactive scenarios requiring users to make selections at specific decision points. Each selection prompts feedback designed to reinforce a teaching point or highlight a particular negotiation technique. To evaluate the module, we sought populations experiencing isolation and confinement (an opportunistic design). This included 9 participants in isolated, confined environments in the Australian Antarctic Program and the Hawai'i Space Exploration Analog and Simulation Mars simulation, as well as a subset of people who self-identified as being isolated and confined during the COVID-19 pandemic. Feedback was collected from participants (n=54) through free-response answers and questionnaires with numerical scaling (0=strongly disagree to 4=strongly agree) at the end of the module. In total, 51 of 54 (94%) participants found the activity valuable for learning about conflict management (identified by those who selected either "somewhat agree" or "strongly agree"), including 100% of participants in the isolated and confined environment subset (mode=3). In total, 79% (128/162) of participant responses indicated that the module was realistic (mode=3), including 85% (23/27) of responses from participants in isolated and confined environments (mode=3). Most participants felt that this would be particularly valuable for new team members in an isolated, confined environment (46/54, 85% of all participants, mode 4; 7/9, 78% of the isolated and confined environment subset, mode 3) as well as veterans. This module offers a self-directed, consistent approach to interest-based negotiation training, which is well received by users. Although the data are limited due to the opportunistic study design, the module could be useful for individuals in isolated and confined environments and for anyone involved in high-stakes negotiations where sustaining relationships is essential.

Analysis of Suggestions for Fresh Graduates on Negotiation and Communication Skills

Every job description that involves contact with several parties has negotiation as a vital prerequisite. When negotiating, the interest should always come first, followed by the stance. As the goal of any negotiation is to produce value and set the conditions under which parties with different and sometimes antagonistic goals will collaborate, preparedness, forbearance, and prior planning are essential to any negotiation's success. One should gather information, be aware of goals and values, find areas of agreement, choose a walk-away stance, and attempt to determine the next best option while preparing. The capacity to use relationships, expertise, influence, resources, time, and attitude in negotiations is a set of abilities that may be taught and honed through experience. It is important to remember that not all negotiations include a win-win situation. All sides benefit when a negotiation is successful. This paper evaluates the necessities of a successful negotiation. There are different types of negotiation- interest-based negotiation and distributive bargaining. The paper delves into the challenges that face these two negotiation strategies and their strengths. It recommends graduates on how they are supposed to carry out negotiations in the business industry. Therefore, the insights from this research paper are important since it equips the graduates with the industry model negotiation skills, which ensures business success. Instead of just standing motionless and droning on about their thoughts, a good listener gains more experience and may learn from other people's speeches, discussions, and communication. Most corporate negotiations are collaborative because both sides try to satisfy the other and utilize their counterpart's demands and negotiating tactics as a springboard for their ideas.

Reframing Best alternatives to negotiated agreements in Representative Negotiations in Sports

The paper starts with differentiating between the positional and interest-based negotiation styles for reaching the Best Alternative to a Negotiated Agreement (BATNA). It outlines the main problems of positional bargaining and the role of agents in representative negotiations in sports. The paper aims at specifying negotiation styles and tactics/games that could produce optimal win-win solutions in sports. It focuses on the need of tactical flexibility, timing, collaboration, issue-linkage and leverage creation that could possibly reframe BATNAs for reaching mutual gain agreements and optimal win-win solutions. The paper aims is to propose solutions for reaching agreements in representative negotiations in sports. The methodology’s starting point is BATNA. The analytical framework includes both choosing the appropriate negotiation style (positional or interest-based) and tactics (negotiation games) to end up with a given strategy. Principled negotiation and mutual gain approach are suggested as solutions. The results of the analysis could be summarized in four categories. The first is the importance of considering the specifics of sports negotiations, especially the advantages and disadvantages of using agents as representatives. Here short versus long-term interests have to be weighed. The second is the advancement of issue linkages, creative alternatives for win-win solutions, leverage and appropriate bargaining style. The third is the focus on the process of reframing BATNAS as a process of evaluating alternatives, seeking leverage but maintaining credibility and flexibility. The fourth is the application of the mutual gain approach to expand the frontier of possibilities. Here the most important is the brainstorming session and the concept of the next best solution.

How the upstream oil and gas industry can leverage interdisciplinary research to more effectively engage with Indigenous communities

Since 2010, mining companies have requested permission for the destruction of over 463 Aboriginal heritage sites. Recent high-profile events have profoundly impacted culturally significant Indigenous sites, and mining companies are under intense pressure to demonstrate greater sensitivity in their relationships with stakeholders. The Australian Disputes Centre uses several case studies to explore how the upstream petroleum industry can leverage current interdisciplinary research to engage with Indigenous communities more effectively, both nationally and internationally. Interest-based negotiation frameworks are considered as actionable mechanisms that are as applicable in day-to-day business operations as they are in supporting consistent, culturally-sensitive stakeholder agreements. The application of a range of communication strategies and skills to harness intersectional decision-making is reviewed, and asks the extent to which engagement with external stakeholders reflects internal corporate culture. Obtaining and retaining a social licence to operate is top of mind for all resource companies, but it does not come without a congruent culture of principled negotiation. This study considers the emerging challenges within the sector, including how to empower all parties to negotiate more fulsome outcomes. Using various case studies, including one involving the conservation of submerged Indigenous heritage, an holistic, interdisciplinary methodology for managing cross-cultural sensitivities while companies undertake technical investigations, liaise with archaeological and ethnographic experts and negotiate with local community leaders has been reviewed. Clearly, inclusive communication is just the beginning.

Fighting for Our Principles: Interests vs Values in Conflict Resolution

Recent events, especially in the realm of political negotiation, provide some evidence that ‘win-win’ negotiation may be going out of style. The undeniable success of some unabashedly win-lose dealmakers, in the US and elsewhere, should force us to reflect again on our own negotiation precepts, especially those in the win-win tradition of principled negotiation. How can it be that negotiators with questionable ethics have succeeded at least in the negotiation of becoming elected in several major countries? Are values no longer important, or at least the values that many of us hold dear? These negotiators certainly understand the concept of interests. The Harvard approach to negotiation famously differentiates between positions and interests, admonishing us to get beneath closed binary demands made by the opposing side in a negotiation and instead explore the interests underlying those demands, which are usually more personal, broader and more readily addressed once properly understood. These can then be pursued more effectively, leading to either a win-win or a win-lose result. In any case, they help us to seal the deal. At the same time, in his farewell speech, Barack Obama warned of a “buckling of democracy if we allow our values to weaken”. But just where do values fit into negotiation analysis? As a consequence, questions arise for those who study, teach and practice negotiation: How do we differentiate values from interests? And what strategies and tactics are needed when the conflict arises not from what people want but from their values – who they think they are? Are values ever negotiable? And what is the difference between negotiation and advocacy? This paper first seeks to establish clear definitions for some of these terms in order to contrast the dynamics of interest-based negotiation with those of value-based conflict. In that discussion, we also explore the consequences of disputes arising out of shared vs conflicting values, especially in interaction with interests. To understand the practical implications, I apply all of this to the particular case of a surprising successful negotiation around the tar sands of Alberta, Canada. Here was a seemingly intractable situation with highly ideological protagonists in conflict mode for a very long time. Yet somehow it turned out to be values as well as interests that yielded the seed of the solution. While many tricky issues remain, it is a fertile case for exploring not only the difference between negotiation and advocacy, but also the power within each when they can be combined successfully.

Influence of Trust and Contract on Dispute Negotiation Behavioral Strategy in Construction Subcontracting

AbstractThis paper examines the effects of trust and contract on the dispute negotiation behavioral strategy of general contractors and subcontractors in construction subcontracting, which is an underresearched area. This research regards trust as a two-dimensional construct, distinguishing the control and coordination functions of contractual governance, and explores their effects on negotiation behavioral strategy; this research also examines the moderating effects of bilateral lock-in. The empirical results from a survey of 272 Chinese general contractors and subcontractors reveal that there is a positive relationship between trust, including both goodwill trust and competence trust, and interest-based negotiation behavioral strategy. However, increasing contractual control will increase the adoption of a rights-based negotiation behavioral strategy, while contractual coordination governance will reinforce the adoption of an interest-based behavioral strategy. Both Chinese general contractors and subco...

Negotiation Skills for Medical Educators.

Medical education is expensive.1 The expense is sometimes borne by learners and their families, sometimes by institutions, and sometimes by governments.2 Graduate medical education is no different from other forms of medical education in terms of its expense. There is the cost of curriculum development and delivery for residents, the cost of resources (such as equipment, technology, or e-learning resources), the cost of assessment (be it formative or summative), and the cost of program evaluation.3 In this article, assessment means assessing the learners, whereas evaluation means evaluating the course, curriculum, or program. Some of these costs are sunk costs; some are fixed costs. However, others are negotiable. For example, the costs of resources provided by the institution—like simulation equipment—are often negotiable. Institutional purchasers and commercial providers of such equipment can negotiate on price, amount, or a number of other variables. Commercial providers understand negotiation skills, and many of their staff will have been trained in these skills. Those responsible for the purchase, however, are less likely to have a commercial background, so they are less likely to have the skills necessary to ensure the best possible deal for their institution and learners. The purpose of this perspective is to introduce the topic of negotiation for those who are responsible for ensuring that their institution gets the best possible value for its purchases. Sometimes medical educators need to negotiate for space and/or time in the curriculum, and negotiation skills are needed in those circumstances as well.

Examining Cultural Intelligence and Cross-Cultural Negotiation Effectiveness

International negotiation failures are often linked to deficiencies in negotiator cross-cultural capabilities, including limited understanding of the cultures engaged in the transaction, an inability to communicate with persons from different cultural backgrounds, and limited behavioral flexibility to adapt to culturally unfamiliar contexts. Although management educators are concerned about developing students’ cross-cultural capabilities, there exists very little empirical research demonstrating the impact of such abilities on negotiation performance. To address this limitation while advancing research on the development of cross-cultural capabilities, we examined the impact of cultural intelligence (CQ) on cross-cultural negotiation performance. Using assessment center and consensus rating methodologies, 113 fully employed MBA students participated in a negotiation exercise designed to underscore key cultural differences with respect to both negotiation style and substantive issues. Controlling for prior negotiation and international experiences, personality (openness to change and extraversion), and emotional intelligence, our results demonstrated that CQ predicted negotiation performance while interest-based negotiation behaviors partially mediated the CQ–negotiation performance relationship. CQ capabilities facilitated negotiators’ ability to demonstrate cooperative, interest-based negotiation behaviors in a negotiation context that demanded behavioral adaptation. We conclude by discussing a series of practical implications for management educators and suggestions for future CQ research.

Changes in Philippine labour relations policy: Convergence or divergence of productivity, flexibility and welfare?

AbstractIn the first decade of the present century, a succession of changes to Philippine labour law and jurisprudence sought to contribute to productivity and social welfare by introducing greater industrial relations flexibility, based on collective bargaining and voluntary dispute settlement. The article examines whether these changes actually resulted in any shift from a rights-based system for resolving industrial disputation to a system based on workplace-level interest-based negotiation, and whether they were accompanied either by higher labour productivity or by improved social welfare. The analysis draws on a conceptual framework that identifies coherent national labour regulation systems as being based on a convergence of three institutional approaches – to the operation of labour markets, of labour relations and of social security. Broadly, such labour regulation systems can be classified as either civil law or common law based. The Philippine labour regulation system is shown to have a hybrid basis, whose origins are briefly traced by identifying the legacy of the colonial and post-colonial phases, the martial law era and the restoration of democracy in 1986. Whereas Australia, another hybrid system, appears to have achieved some coherence in changes to the regulation of industrial relations, labour markets and social welfare, in the Philippines, such changes have not converged. In the 1990s, efforts to mitigate the traditional legalistic and adversarial character of industrial relations through liberalisation of restrictions on the right to organise were cross-cut by the effects of the growing labour market flexibility that resulted from integration into the global economy. Legal changes between 1999 and 2011 have not fostered voluntary self-organisation of distributive bargaining at enterprise level. Union membership, collective bargaining coverage and numbers of workers involved in notified or actual industrial action have declined, while reliance on compulsory arbitration and monetary compensation claims has remained high. Labour productivity has not improved. Within the context of globalisation, the labour market is increasingly characterised by numerical flexibility and a prevalence of small enterprises. High unemployment levels and a large informal sector indicate divergence between the systems for regulating labour and welfare.

Being Strategically Integrative in Real World Negotiation

Many negotiation texts and trainings urge parties to focus on “win-win” and integrative solutions; however, they provide precious little advice on just how to do that. Most of the advice given is general in nature: e.g., “listen,” “ask questions,” or “share information.” However, while this is good advice, it might not specify what we should listen for, what questions should we ask or what information is particularly important and helpful to integrative negotiation. Such advice is usually left undetailed - and many other moves negotiators can make while implementing an integrative approach are left unmentioned. Practically speaking - how might we go about taking a fixed-pie, distributive-seeming situation, and turn it into an opportunity for greater gain through expanding the pie? Finally, little distinction is made between interest-based negotiation (which focuses on parties sharing information regarding their interests and seeking solutions that satisfy both) and integrative negotiation (which focuses on helping parties to learn where value can be discovered and created, and enabling them to achieve deals of the highest possible value to them). Once this distinction has been deepened, it makes sense that they each need a different toolbox. There will be significant tool-overlap of course, but as the mindset is different, so too will the tools.In this short piece, I summarize (and illustrate with my own own commentary and examples) some of the recommendations for strategically implementing the approach of integrative negotiation, provided by Leigh Thompson in Chapter 4 of her book The Mind and Heart of the Negotiator. This should provide teachers and trainers with a convenient teaching resource to supplement classroom activities on this topic.

Third-party facilitators in interest-based negotiation: An Australian Case Study

This article proposes a new theoretical framework to explain the role of third-party facilitators in interest-based negotiation, and applies the framework in a qualitative case study of a collective bargaining process at an aluminium smelter in Australia. The theoretical framework describes the activities of third parties in terms of the objectives they seek to meet to support bargaining, and the consulting approach they deploy to do so. The case study demonstrates that third parties undertake a range of distinct activities to facilitate bargaining between management and unions, dominated by, although not limited to, a ‘process’ approach to consulting. Moreover, third parties support the development of three types of relationship: their own with the individual parties, as well as relationships between the parties and within each party. While the framework needs confirmation in future research, the article offers rare insights into how third parties participate in interest-based negotiation.

HUNTER-GATHERER COLLABORATIVE PRACTICE

This article describes the development of a practice group based on a hunter-gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to middle- and lower-income families. The practice group professional disciplines include law, mental health divorce coaching, co-parent coaching, financial analysis, and case administration. These professionals have collectively associated their individual practices to address challenges facing their collaborative practices. With common purpose, the practice group builds skills, generates client base, nurtures trust, and lays a common knowledge base. Collaborative divorce teams formed from its members serve divorcing families with efficient, cost-conscious, interest-based negotiation processes that protect children and help parties productively move on with their lives.

Public participation in British Columbia forest management

Conceptions and challenges of public participation in British Columbia are reviewed to identify those characteristicsof planning processes that serve to benefit or constrain the interests and needs of public stakeholders. Perspectives onpublic participation, including representative and participatory democracies, and approaches to incorporating publicperspectives in decision-making (i.e., shared decision-making, consensus-building, and interest-based negotiation) arepresented to demonstrate the different approaches (and their benefits and challenges) available for providing opportunitiesfor public participation. Lessons from other natural resource management contexts are distilled and used to evaluatethe BC context. Three principal forest planning and management frameworks (the Commission on Resources and theEnvironment, Land and Resource Management Plans, and sustainable forest management certification) are examinedin light of whether meaningful opportunities for public participation were provided.Key words: public participation, British Columbia, Commission on Resources and the Environment, Land and ResourceManagement Plans, sustainable forest management certification

Negotiate to Get What You Want, So Everybody Wins

Negotiate to Get What You Want, So Everybody Wins

An Interest-Based Mediation: Audio-Visual Mediator-Training Series

This mediator-training series includes three DVD films, a teacher’s manual and a student handbook designed to teach the progressive stages of the problem-solving, facilitative mediation process. The series is suitable for use in law school courses or in a training program for either novices or experienced mediators. The underlying mediation is an employment dispute regarding a discharge allegedly based on disability. Resolution hinges on successfully addressing both inter-personal issues and practical issues concerning job status and accommodations.The cornerstone of the series is a 92-minute, narrated mediator-training video. Using scenes from a longer mediation session, the scenes and accompanying narration demonstrate a variety of skilled interventions – techniques designed to make forward movement, restore relationships, break impasse, and help conflicted parties reach resolution. The film includes insightful pre- and post-mediation interviews in which the mediator and parties share their thoughts about the process. The film can be shown in one sitting or its chapters assigned individually as students study each stage of the mediation process.The Teacher’s Manual contains a transcript of both the mediation session and the narrator’s analysis of the mediator’s goals, objectives, and techniques in each stage. It includes classroom learning objectives, background about the range of mediator styles and approaches, and a caucus exercise in which students identify moments in the transcript at which the mediator used specific techniques for certain specified purposes. Explanatory notes in the Manual provide the professor with additional material for classroom discussion or test questions on topics such as how the process compares with shuttle negotiation, what are the parties’ underlying interests, and how the demonstrated mediator skills can be used by advocates in mediation and interest-based negotiation. The Student Handbook reinforces learning from the film by including the learning objectives, the background about mediator styles and approaches, the narrator’s explanations about the mediator’s goals and techniques, and the caucus exercise. The Teacher’s Manual also can be assigned to students as an alternative to the Student Handbook. The other two films in the series are Stop Action! a film designed to generate class discussion and debate through questions posed by the professor at certain critical decision-making junctures during the mediation, and the full 3-hour mediation session from which the other materials are drawn. Fuller descriptions of the items in the series are found at www.MediationTrainingResources.com, at which the series is available.

An empirical study of interest-based negotiation

While argumentation-based negotiation has been accepted as a promising alternative to game-theoretic or heuristic-based negotiation, no evidence has been provided to confirm this theoretical advantage. We propose a model of bilateral negotiation extending a simple monotonic concession protocol by allowing the agents to exchange information about their underlying interests and possible alternatives to achieve them during the negotiation. We present an empirical study that demonstrates (through simulation) the advantages of this interest-based negotiation approach over the more classic monotonic concession approach to negotiation.

A formal analysis of interest-based negotiation

In multi-agent systems (MAS), negotiation provides a powerful metaphor for automating the allocation and reallocation of resources. Methods for automated negotiation in MAS include auction-based protocols and alternating offer bargaining protocols. Recently, argumentation-based negotiation has been accepted as a promising alternative to such approaches. Interest-based negotiation (IBN) is a form of argumentation-based negotiation in which agents exchange (1) information about their underlying goals; and (2) alternative ways to achieve these goals. However, the usefulness of IBN has been mostly established in the literature by appeal to intuition or by use of specific examples. In this paper, we propose a new formal model for reasoning about interest-based negotiation protocols. We demonstrate the usefulness of this framework by defining and analysing two different IBN protocols. In particular, we characterise conditions that guarantee their advantage (in the sense of expanding the set of individual rational deals) over the more classic proposal-based approaches to negotiation.

South Africa's Charter Approach to Post-Apartheid Economic Transformation: Collaborative Governance or Hardball Bargaining?*

This article considers the South African black economic empowerment (BEE) programme, with an emphasis on the sector charters in mining and finance, to investigate the extent to which these developments may be characterised in terms of collaborative governance. It argues that the genesis and content of the charters do represent important elements of collaborative governance, including a reliance on interest-based negotiation and an expectation that business contributes to the public benefit as good corporate citizens. But underlying these elements have been more powerful drivers related to power-based bargaining, whereby international investors have emerged as key, albeit ill-defined, stakeholders in South Africa's post-apartheid transition. The role of corporate citizenship has been limited, despite efforts by business to portray the outcomes and agreements in terms of business voluntarism and enlightened self-interest. The article thus re-emphasises the role of the state in defining and enforcing a social role for big business. It raises concerns that the BEE programme charters prejudice more fundamental socio-economic transformation in the interests of the established corporations, and it calls for more research on how BEE is being implemented.