Spring 2001
Spring 2001
Rowe
settlement within 10 minutes. You may make up any story you wish, to win as much of
the $2 as possible. However keep in mind that it matters a lot that you are able to meet
your deadline and actually reach a settlement; this is your most important priority.
Try to get as much of the $2.00 as you can. Bargain as effectively as possible;
make up any story you wish.
It is extremely important to you that you at least get bus money to get home
tonight: 50 cents. If you do not get at least 50 cents, you will be walking for more than
an hour and it will be dark and cold, out where you live. Actually, get more if you can;
be as effective as possible.
Try to get as much of the $2.00 as you can; make up any story you want.
Whatever else your objectives, you should be careful to get at least 80 cents of
the $2.00 because you will have to make a toll call to your family and they will be
terribly worried and upset if you do not make that call. So do as well as you can, and
remember you must get at least 80 cents.
This is zero-sum bargaining and you should get as much of the $2.00 as you
can, with any story you like.
It is really important that you should get at least $1.00 in this round.
You have been carefully chosen for a particular goal in this simulation. It is
important that you should win at least $1.30.
Feel free to make up any story you like; get as much of the $2.00 as you can.
This is zero-sum bargaining and you should get as much of the $2 as you can,
with any story you like.
The Two Dollar Game is the opening game in Negotiation and Conflict
Management.
It was developed in order to illustrate some basic tools of negotiation theory, in the
simplest possible game.
Major topics include:
The nature of competitiondistributive or win-lose bargainingin which
the gain of one person is the loss of another. This kind of bargaining is contrasted
with collaborative (also known as integrative or win-win) bargaining in
which both parties win.
In real life it can be difficult to illustrate pure win-lose bargaining, because true
win-lose situations and pure win-win situations are relatively rare. (Most
negotiations are actually mixed motive bargaining, including both distributive
and integrative elements. Pure win-lose bargaining is rare in part because intangible
elements like relationship enter into most negotiations. Pure win-win is rare
because resources are scarce).
The Two Dollar game therefore illustrates all three strategies in negotiations. The
game initially appears to be pure win-lose. But because of secret instructions, and
the nature of repeat negotiations with the same person, the game will become a
mixed motive game, or even integrative, in the last two rounds, if players trade
money for intangible benefits.
The concept of a bargaining range which can be negative, if there is no room
for settlementor positive, if there is room for settlement. It also introduces the
idea of a Resistance Point or a Reservation Point (RPthe point at which a
person will either stop bargaining, or move their RP to achieve a settlement.
The idea of the RP also introduces the idea of a fallback position or BATNAthe
Best Alternative To a Negotiated Agreement, since this best alternative usually
defines where the RP will be. And it introduces the idea of a targetthe amount
that a person wishes to get in the process of bargaining.
***********
Here is how it works. The class is divided into pairs. Every pair has a General
Instruction, to divide $2 between the two players in the pair. They are instructed
that the game is pure win-loseno side deals or subterfuges are allowed.
Although the players do not know this at the beginning, they will play the game
three times. The first and second time they change partners. But the third time they
are suddenly told they will play again with the same partner.
Players naturally first think, This is easy, we will just divide the two dollars in
half.
But each also has a Secret Instruction. The Secret Instructions tilt each player
toward competition, accommodation, or compromise. The Secret Instructions deal
with intangibles (my reputation) and tangibles (the amount of money that the player
must win). Some Secret Instructions also deal with style and demeanor. (In
addition, some students, although breaking the rules, will come up with
collaborative side deals).
Debriefing the game after the first round: In some pairs there is a negative
bargaining range because the players have each been told to get more than $1. In
some pairs there is a positive bargaining range because the targets add up to less
than $2. This situation illustrates the idea of bargaining ranges, reservation points
(their BATNAs) and targets, and the reactions of the students will also help them
diagnose their natural strategies, as spelled out above.
After the second round: The second round deals with intangibles. Here the Secret
Instructions deal with style, and intangible values such as ones reputation or
distrust of the Other. This round also introduces the idea of common tactics
associated with common strategies. For example one instruction requires the
player to speak almost not at alla very competitive tactic.
After the third round: The third round is a reprise of both tangible and intangible
factors in negotiation. It also serves to show the importance of a previous
interaction with the same person. In some pairs a player will deal kindly with an
Other who dealt kindly in Round Two. In some pairs there will be an impulse
towards revenge.
**************
The Two Dollar Game thus efficiently introduces some major elements of
negotiation theory. It is debriefed in a journal written by each player (later read and
commented upon by the professor). The player is instructed to notice what can be
learned about oneself, and also about others.
Players are regularly surprised to find that some people love the game (or hate it),
as distinguished from their own reactions, and are regularly surprised that that are
several available negotiation strategies. (Most neophytes are familiar with only one
or two strategies). People are regularly surprised at the importance of a previous
negotiation.
Many students are surprised at the amount of emotion engendered by an obviously
simplistic game. This last is an important point because of the real-life importance
of emotions in negotiation.
The game is easily debriefed a second time, later on, in terms of Sources of Power,
a set of theoretical ideas introduced in the following class. For example, rewards,
sanctions, force and the threat of force, relationship, BATNA, moral authority, and
commitment power can all play a role in the Two Dollar Game. Students also
regularly and instinctively invent legitimate authority, expertise and information
power to bolster their stories.
Time:
vs.
vs.
vs.
vs.
50
$1.30
50
$1.40
You may make up any story you wish, to win as much as you can from your
colleague.
If you do not reach a settlement this session, don't worry about it. You will have
a chance to continue with this person. What matters most is your meeting your own
objectives when you do settle, (so think through carefully what those objectives are).
You are a well-known and consistent battle-ax. You are known for always
getting every penny out of every competitor.
Please try to imagine that you will never see the other person again, but
everyone
else who matters to you is waiting to see if you can play this game effectively. Make up
any story you want, as strong a case as you can. Get as much of the $2.00 as you can.
This is a chance to live up to your formidable reputation as a really effective
competitor;
go to it!
BUILDING COALITIONS
The following advice will help you to build coalitions that serve your negotiation
purposes:
1. Past affects present: Remember that alliances previously formed can affect the
current negotiation.
- Consider forming alliances early-on.
-
Barrister, Counselor, Solicitor & Avocat has decided to set up major law
offices in Beijing and Shanghai. Barrister and Counselor is a large international law
firm. Since the early 1980's when the People's Republic of China decided to permit a
few non-Chinese lawyers to work within the country on international commercial
problems, various law firms have established small offices in major Chinese cities.
Barrister and Counselor is willing now to gamble on the possibility of getting in on the
ground floor on this new century of legal work, for many billions of dollars worth of
commercial agreements between international companies and the PRC.
The logistical problems are enormous. In keeping with recent practice among
some top US law firms, Barrister and Counselor has decided that the administrative
head of their new China Division had better be an MBA rather than an attorney.
They've been looking for someone young and adventurous. Their China manager needs
to take in stride the many frustrations of living and working in this unusual country
and have the energy to help build a major new venture. Also, they need someone
willing and eager to start with a small office this year in the expectation of growing by a
factor of ten or twenty during the next decade. So they want someone youngbut not
too young. Appropriate work experience is also a definite requirement.
B&C needs to hire a person or persons with extraordinary skills. The
candidate should have Asian experience and, ideally, speak one or more Chinese
languages. If possible, this manager would also have considerable information
technology experience. B&C wants their China offices to exemplify the latest computer
technology in every aspect of their operations, for internal and marketing reasons. First,
there are the demands of the firm. As a major law firm in a country only recently
redeveloping its legal structure and international legal practices, B&C will need to keep
track of new laws and of every relevant new contract and treaty provision they can find
out about. They will need access to LEXIS (a legal information data base) and
sophisticated word-processing, capable of handling English and Chinese documents.
They will also need very sophisticated security provisionsincluding encrypting and
decryptingtheir intra-China and international communications. B&C also wants the
latest information processing technology for marketing reasons: they hope to impress
their Chinese contacts.
Many other skills are needed. The new manager will have a chance to advise
on the business side of various legal negotiations. This person will supervise all the
logistical functions of the new offices, from facilities planning to supervision of the
human resources officer to financial planning and budget control.
Like everyone else in the firm, the manager will have a chance to help make
personal contacts with Chinese officials. There is however a managing partner with
extensive relationships among the senior members of government in the PRC.
C.H. Wang has been looking for the right young manager for several months.
Several West Coast schools will graduate Chinese-speaking MBAs, but none of them
this year seem to have the appropriate technology background. B&C could hire two
people (the manager and a computer systems expert), but Wang would rather not do
that. There will already be a senior attorney as legal director of the office, and Wang
does not want too many different chiefs, in an initially small operation, unless
absolutely necessary.
Wang has identified a candidate, Piro Torres, who appears to have all the
required skills. Prior to meeting Torres, Wang had been increasingly concerned about
whether such a person actually existed.
Piro's maternal grandmother, an American, was a sociologist in Beijing, where
she met Santiago Torres. Torres, a very successful international businessman, returned
with his wife to Chicago, where he became a US citizen. They raised a very
international family. Their son, a lawyer, runs the family business in the Far East. Piro
grew up speaking English, Japanese, Mandarin, and Tagolog, and also learned a great
deal about commerce, by helping out with the family business.
In Wang's opinion Piro's Chinese is not truly fluent, but Piro speaks
idiomatically, with an acceptable North Chinese accent. Moreover, Piro ran the
computer system at a government lab. With an engineer's degree in computer science
and an MBA in international management science, Piro seems to meet many
requirements. Best of all, Piro has that quiet grace of manner that will "fit in"both
with a distinguished law firm and within the proud and ancient culture of China.
C.H. Wang is looking forward to the salary negotiations with Piro Torres, and
hopes a satisfactory arrangement can be made.
Instructors Notes
Barrister, Counselor, Solicitor and Avocat
PIRO TORRES
Excitement of new venture, new markets, very interesting country, huge
possible
gains.
The chance to work on major IT questions.
Family tradition of working in China; pleasing parents by looking up old
associates
Contact with Grandmother: being with her all summer until September, seeing
her regularly.
Contact with the family; "staying closely in touch," and trips home.
Educational loans.
New computer and other communications equipment.
Moving expenses.
Storing things.
Entertainment expenses. Clothing allowance.
Unforeseen expenses.
C.H. WANG
You want someone who will "fit in," in China.
You need someone by September.
You want many skills in one person: languages, management experience,
information technology, network security, even possibly personal connections in the
PRC.
Housing and transport and entertainment and clothing expenses will be fully
provided.
Storage will be fully provided.
The manager must go to US three or four times a year (company paid).
All new, sophisticated computer equipment will be available to the new
manager at home and at work, plus free satellite transmission time for unlimited
communications and data transmission.
The first $70,000 of foreign income is tax free.
Moving expenses will be fully covered.
You are willing to pay either salary and bonuses, or salary plus percentage of
profits.
B, C, S & A is a worldwide firm. There may be a future for Piro in many other
countries.
PIRO TORRES
Private Instructions
You are very excited about the possibility of working with Barrister & Counselor,
but you are also cautious. The whole scene in China is still very risky, very frustrating
and very competitive. You also have other good job possibilities. One is working with a
computer company that is setting up production facilities in the Far East. You have heard
they are paying $99K plus excellent stock options. Another job possibility is to go with a
new little start-up in Cambridge, Massachusetts, which is working on experimental
software to permit much more efficient electronic commerce in simultaneous
English/Chinese translation. You're not sure about salary there, but could become very
wealthy with stock options if the company succeedsthe technology could rapidly
extend to other languages. Both jobs would be based in Massachusetts, but you would be
travelling at least once a week.
Being based in the States has strong appeal. Grandmother Torres is getting frail
and old. You are very close to her; you'd like to be able to see her in Chicago at least at
Christmas and preferably more often. You really want to stay in touch with her and with
the rest of your family.
You have been trying to think through the question of salary. You have
educational loans to pay back, at $2,000 a year. You are eager to get a much more
powerful personal computer. Moving to China would be enormously expensive: you
figure at least $8,000. Storing some things you do not want to sell will cost you $2,000 a
year. It's hard to figure what you will need to live in Beijing. Your housing will be
provided. You will not have a car; transportation will be provided. But what about
expenses of entertaining? You are also particularly concerned about staying in touch
with your family. You want a salary that will cover a trip home each year, long,
expensive phone bills, and unforeseen expenses. You feel these expenses could easily
total $10,000 a year. The question of stock options is hard to figure for a law firm and so
are the tax implications of being a resident abroad. What you would really like is the
same proportion of profit, from success of the China office, that the participating lawyers
will receive.
Your feelings are all in all very mixed. On the one hand this kind of job is in your
family tradition and your whole romantic soul wants to go. Moreover you have a special
interest in problems of network security and security of international information
transmissionand three years of very successful experience running the computer
system of a big government lab. You also are a risk-taker and love a challenge, and think
there's a one-in-ten possibility that B&C will become enormously successful in China.
On the other hand you are very deeply attached to your family and your aging
grandmother and you are quite prepared to live abroad later in your life. Just thinking
about your family makes you want to spend the summer in Chicago after graduation.
Still, on the other hand, if you do go to China, maybe you could look up some of
Grandmother's old friends and their children and grandchildren; they might even be good
contacts for the firm.... and Grandmother would doubtless be very pleased....
How will you bargain for salary? What are your interests? What is your
reservation point? Your target salary? What are the interests of B&C? How will you
find out? What will their reservation and target points be? Can you change them?
C.H. WANG
Private Instructions
You really think you want to hire Torres. The firm needs someone on board by
September, and you feel you have scouted through this winter's cohort of new MBA's.
You very much wish you could have found everything you need in one person.
Torres is a little young, with languages that are good but not perfect. You are quite
concerned about needing someone who understands problems of security of business
records and international business communications. You wonder if Torres actually
understands these problems or whether you'll also need to find a network security
consultant. You keep asking yourself if you should look for someone older....perhaps an
overseas Chinese, who has done business in the PRC? But such people are not
necessarily likely to be state-of-the-art in information technology. No one is perfect, you
reason; let's get Torres if the salary negotiation goes well.
You review the question of finances. You pushed Barrister & Counselor into this
new venture. You have only limited start-up funds and there will be a number of jobs to
fill. You don't want to set too high a bench mark for the senior administrative jobyou
cannot pay more than you pay the junior law partners of B&C.
Circumstances in China mean that B&C staff in Beijing must have their housing
and transportation fully provided. The firm will rent whole floors of a major hotel, for
both offices and expatriate living quarters. And they will hire cars with drivers. The law
firm has already rented space in a storage warehouse franchise (there actually is such a
warehouse near this school of management) for all the personal effects of partners and
other US employees who will go to Beijing.
You will also have to pay for three or four round trips a year to the US, for your
new manager to stay in close touch with US colleagues. You need to buy all the new
computer equipment which will be installed in the hotel. You have located a reliable
local Internet Access company to provide unlimited email and document transmission
around the world via a local phone call. (All in all, starting up this new venture is very
expensive.)
You have investigated salaries paid to recent graduates of this school of
management. Your guess is that Piro Torres would be offered $90K+ if accepting a job
in this country. You believe the average US professional spends about 50% of salary for
housing, car and home entertaining. For the manager of the B&C China division, all of
these expenses will be borne by Barrister & Counselor; in fact the expense account for
entertaining will be quite generous. (There is a specific $10, 000 expense account for any
new clothes that might be needed by the candidate.) Moreover Torres will have elaborate
computer and communications capability in the offices directly adjacent to living
quarters. You estimate moving expenses (round trip, eventually) could reach $20,000;
the firm will simply pick up all moving expenses. You feel these points should all be
very attractive to Torres. In addition, you believe some salary and all benefits may be
tax-exempt.
C.H. Wang
Page 2
You are aware of the start-up cash-in-hand, year-end bonuses, stock options and
partnership possibilities for a person like Torres, and you speculate about how to manage
this point.
As you pull all these points together, you conclude as follows. What you would
like to pay Torres would be about $30,000 for this coming year. You would also be
willing to pay a bonus up to a limit set by the amount of each year's salary. For the first
year your hope would be to pay $30,000 plus a signing bonus of $10,000, plus a
Welcome on Board bonus of $10,000, payable the first day of work in China. If
necessary you will, in addition, promise a year-end bonus of up to $30,000 at the end of
the first year. For the following calendar year you expect to pay $40,000 a year, if all
goes well, plus whatever year-end bonus you negotiate, (up to another $40,000). In
addition, of course, B&C will be providing housing, transportation, moving expenses,
storage of household effects, business entertainment expense account, clothing expense
account, use of computer system and communications equipment, as detailed above.
However you are not at all sure what it will take to get Torres to relocate. What is
the limit of what you would be willing to pay to get Piro Torres? Your absolute outside
limit is set by the compensation offered to the junior law partners who will work for
Barrister and Counselor in the PRC. They earn $70,000 a year (plus the standard
housing, etc. listed above) plus a percentage of profits from the China division. (This
percent of profits is instead of a specific bonus.) But remember: you would much rather
pay less than this.
What will be your bargaining strategy? What do you think are Torres' interests?
What would be Torres' reservation point? How will you find out? Will you be able to
change the target compensation packageand reservation pointthat Torres has set?
Is there one especially "rational way" to divide $2 with a stranger? (If you think there is
not, what determines the family of "rational choices"?)
Do you think that most business decisions are made rationally? Is there usually one
optimum decision?
You are facing a specified conflict or negotiation with someone about whom you know
only demographics, style and job description. You have only an hour. What might you do
to prepare?
In real life, in a super important case, how and when should you choose which strategies
and tactics you will use in a negotiation? On what factors ought this choice to depend?
How can one try to prevent a "bad attitude death spiral" in a negotiation with someone
you do or do not know well? Where does a desire for revenge come from?
Which of the ways of building trust appeal to you the most?
What is the difference between manipulating people and inspiring them (as a leader)?
If you or someone else has gotten painted into a corner, through a commitment that
should never have been made, what could be done?
Can you tell when someone is lying to you?
How might you figure out the strategy and depth of strategy the Other is using in a
negotiation?
Within a close team or a couple, if you have no time in each negotiation to pursue the best
win-win solutions, where both sides gain simultaneously, how can A and B behave so that
both are actually gaining, in the aggregate, over time?
How would you define effectiveness in a negotiation'? Are you effective? Who do you
know that is effective?
Is it the choice of negotiating strategy that determines effectiveness? If so-which strategy
is most effective?
Name some elements of process you would want to think about, if you were going to
negotiate for your side on a two-person team.
In a setting with coalitions, would you prefer to be a "pivot'' person, o r the person with
the most tangible resources, if those are not the same?
Some of the options for dealing with complaints are: listening, referring people to other
resources, just giving or receiving needed information, helping people help themselves
through developing choices and coaching, shuttle diplomacy, formal mediation, factfinding, arbitration or adjudication (and managerial decision-making), systems change,
generic approaches, agency complaints, lawsuits, going to the newspapers. Which of these
are more likely to be collaborative? Which are more likely to be competitive? Which will
likely be "mixed motive"?
Some sources of power in negotiations include: legitimate authority, rewards, sanctions,
force, information, expertise, elegant solutions, commitment, moral authority, BATNA,
relationships. Which of these sources of power do you need for each of the options above,
for dealing with complaints?
Who should decide which complaint option or conflict management option is chosen? The
manager? The complainant?
Which is the most cost-effective complaint handling option'?
W h a t does a person in a n organization think about first when he or she wants to raise a
concern or make a complaint?
Is it possible to go outside the organization with a complaint and still have a normal
work life thereafter within the organization? What does your answer mean for conflict
management system design?
What is the first question to ask yourself when you face a dispute or a complaint as a
manager?
Which sources of power do people turn to when they feel powerless? What is the effect?
Is there such a thing as a "frivolous" complaint? What would you want to try, if someone
kept blaming problems on other people?
Under what circumstances is a Difficult Person not "difficult"?
Which sources of power are likely help the most, in dealing with a very Difficult Person?
38) How do you manage your own emotions in conflict situations? (Do you consciously
manage your emotions at all, or do you simply react?) What do you do if you start to feel
yourself getting upset?
39) Do you try to affect the emotions of others in a conflict situation? How? For what
purpose?
of your control units as a trial installation and so have each of the four competitors.
All five units have been operating on adjacent machines during the last 2 month period.
Mr. Canny has decided that three of the competitors' units are undesirable; you remain in
the running with one other competitor.
Your remaining competitor is located approximately 40 miles from Mr. Canny's
Seattle factory, while you are located far away. Your competitor's pricing is consistently
about 60% of your prices and their units are comparable. However, their units do not
have the number of options nor do they have the flexibility that your units have. Nor do
they have a continuous improvement engineer like your young colleague who built the
networking system. Most important your competitor's control units do not have a
networking capability. The networking system is clearly a point of major advantage; Mr.
Canny seems very interested in being able to access real time information from the
manufacturing machines. According to Mr. Canny, your competitor is claiming "the
ability to provide a network," but you know they do not have one. You have brochures
and literature to explain your network system, but you do not have any installed working
system to show off. This will be your first.
You have made several trips to meet with Mr. Canny accompanied by your local
sales representative, during the term of the trial installation. Mr. Canny is a physically
fit, ex-Green-Beret drill sergeant who runs his business with an "iron fist". It is not
unusual for him to interrupt a meeting with you to solve a problem brought in by one of
his employees. It is also not unusual for him to scream at that employee regardless of
who is present. Canny dresses in old Army fatigues. He walks tough, talks tough, and
presses you hard with streams of difficult questions.
In an attempt to close this deal, you have made several visits to see Mr. Canny.
Each time you have discussed the various options that your units make available to him.
Each time you have gotten into a long discussion on which ones he actually needs. At
the same time, Mr. Canny has been negotiating with your competitor, who is, as he says,
"just down the road."
At each negotiation, you have tried to summarize all the technical points which
have just been discussed and then move to the financial points. You have offered a
volume discount and have discussed the possibility of offering certain options for free.
Each time Mr. Canny has pointed out that your competitor's price is much lower and that
your prices are just too high. He then just stops talking about financial issues beyond
demanding that your prices drop.
However, he is very interested in your networking system and wants to know
what type of deal you could put together for half of his units with your networking
systems. He explains this idea by saying that, if all goes well with that installation, he
will put units on the remaining 24 machines in his shop. He continues to discuss this
plan in great detail without making any move toward meeting your price.
Each time you meet you start from the point where you left off the time before.
However, you have never been able to close the deal at the end of the meeting. Mr.
Canny drives you to the airport each time asking more questions about the networking
system.
This order is very important to you because of its size, the future potential of
modelling the network and because it is in your competitor's backyard. Your competitor,
meanwhile, has lowered their price to approximately 50% of your price and is apparently
promising a networking system, at a price to be determined that is sure to be lower than
your price of $35,000.
Each meeting you have with Mr. Canny costs you about $1,500 in expenses. This
is a big drain for a small company. Each time you come back empty-handed your CEO
gets more upset. You need to bring this "never ending" negotiation to an end. You need
to win the order to avoid leaving the customer alone in Seattle with your competitor.
You find Mr. Canny very intimidating and are wondering how to deal with him.
8. Review the facts you both have. Consider seelung new facts. Consider
joint data gathering.
9. Change the players or the interactions of certain players; add in new
players.
Coalition Exercise
Questions for Reflection
What was the effect of the previous negotiation---what effect did your
role-playing in Telemachus have on the outcomes in Coalition? If the
instructor got the Bs and Cs together for ten minutes before the As got
there, what was the effect of having the too weaker parties have time
together alone? If the Bs and Cs did not together ahead---what WOULD
have been the effect of their having been able to do so? Note: there may be
paradoxical effects.
There are many sources of power; one can easily over-rely on positional
authority. In fact ...who has the most power in this game and why?
Coalitions are rarely stable and need constant attention. Stay in touch!
There is a financial reward to being able to form an effective coalition, that is,
a value to "coalitionness." The ability to form alliances and to de-stabilize
the alliances of others, by itself, is a source of "value," and power. It is an
important illustration of the power of rewards, and sanctions, and
relationships. So, in real life, C has more than 3 points of power, as Howard
Raiffa's analyses show in his book Art and Science of Negotiation.
What happens if you commit to one party, when a third party is also involved,
and if you do not negotiate the exclusion with the third party? What are the
effects of exclusion? (including possibly a feeling of humiliation.....)
SANDY BROWN
(Secret Instructions)
You are very upset. Whatever the outcome of this mess, you feel your job is at
risk and you are very angry. (You are not guilty.)
Your lawyer feels there are grounds for suit against Roo and Dana: defamation,
interference with your employment contract, emotional distress, etc. But you haven't
money for a lawsuit. You like your work. You like CPA, Inc. as an employer. You very
much want to stay on the job. You really need the job; you and your spouse just bought a
house. In fact you've been working hard and late, to make sure you are seen as a valuable
employee.
You have heard that Roo and Dana have talked with a number of your fellow
employees and you are really angry with them for doing so. Your spouse however is
arguing for temperance: "You've loved this job; you've liked almost everyone there;
hang in there. It cannot be that your reputation will actually be hurt by this. Just stay
cool."
On the other hand, you were brought up to defend yourself, especially when your
honor has been defamed. You have decided to make your case to J.T. You can't believe
this could actually be happening and J.T. must make it stop.
Sandy: (Stay in character. Make up any small details you need, consistent with the
case.)
CPA, INC.
General Instructions
Payroll checks have been stolen, and cashed with false endorsements. Two longterm employees, Roo Smith and Dana Petski, recently learned about the theft. They
became very upset. They took it on themselves to call a lunch meeting of all senior
payroll employees. At this lunch, the two long-term people said angrily that CPA
management "knew who the culprit was." They tried to make the guilty person come
forward. However, no one confessed.
In the resulting tension and disruption, the head of the payroll office called in a
handwriting expert and other investigators from City-Wide Forensic Services. The
investigators immediately reviewed handwriting samples from all employees. Meantime
the two long-term people began to press a new co-worker, Sandy Brown, to confess,
saying they were convinced Sandy had forged the endorsements. Sandy angrily denied
wrongdoing. Roo and Dana then said they had heard that Forensic Services believed
Sandy to be the culprit and told Sandy and other employees that Sandy would be fired.
Sandy left work and went to see a lawyer. J.T., the head of payroll, heard about all of
this at the end of the day, at just the point that Forensic Services came back with their
report, and that Sandy returned to work.
Instructors Notes
CPA
This case is played with minimal preparation for the students assigned to each role. In a
class of 42, I would assign the best six students to be JT, the supervisor (JTs numbered
one through six), and another strong set of six to be Sandy the accused employee (also
numbered one through six). The remaining students were all randomly called Roo and
Dana, and assigned to six groups of five persons each to form an unruly "mob." Thus
everyone knows with whom they will be playing.
Everyone gets the General Instructions. The JT's prepare together, (they will be pretty
concerned) and so also the Sandy's (who are usually rather subdued and troubled).
The Roos and Danas I take away to a private area, to prepare the thirty of them together,
clumped in their groups of five. I tell the Roos and Danas that they have an impossible
and unreasonable role. In the group of five they are to attach themselves to JT and refuse
to be dismissed. They are to ask relentlessly that Sandy be fired. They have virtually no
proof of Sandy's guilt. They must simply state they are sure that Sandy is guilty. They are
to keep this up-ignoring Sandy, if Sandy tries to speak-for ten minutes if they can do so.
(No violence, no pushing and shoving, just "commitment power"). I then, as quickly as
possible-so the JTs do not have more than five or ten minutes to prepare-send each group
of five back to take on "their" JT. And then I send the Sandy's, each to join to their JT.
The purpose of this case is to help students, at the end of the course, to understand a little
about mob behavior in the workplace. Usually the (well-chosen) JTs survive it pretty well
but are shaken. Some will have actually managed to keep things under control. The
Sandys in the debrief discussions are usually very eloquent about what it means-and feels
like-to be wrongly accused and excluded. The Roos and Danas are often very impressed
and concerned and troubled about how easy it is to join and be part of a mob. The
journals about this case are always very important-and this is one the cases that students
remember best, years later.
As the Instructor one must emphasize that the first priority for a manager is to establish
and maintain safety and security in the workplace. One must know the available
resources and the rules of the organization and be prepared to uphold the principles of
workplace justice.
(In this real case, the company went bankrupt after many suits were brought.)
J.T.
(Secret Instructions)
The investigators from Forensic Services have just left, leaving you with a short
report. The report says that whoever endorsed the checks was likely to have been
intentionally disguising the handwriting. One expert at Forensic Services told you he
thinks it is "nearly certain" that Sandy Brown is the culprit. However, for various
reasons Forensic Services believes that it will be difficult to find further evidence (and in
your state lie detector tests are not admissible). Thus the final report concludes that there
will be no conclusive set of evidence.
You feel strong conflict. Sandy Brown and Roo and Dana are all excellent
employees. You know the Browns have just bought a new house for their growing
family; they seem a nice family, though they are new to the area and you do not actually
know them.
You are worried about a number of things; the reputation of your department;
how to get the work done, (even one day's disruption causes great difficulty at the end of
the month); the shocking fact of the theft....
Sandy and Roo and Dana have just come to see you.
You are phenomenally loyal to CPA, Inc., the company you grew up in. Part of
what you like about CPA is the image of integrity, purity, propriety. Public accounting
firms must be the essence of probity. There can be no deviation from the principles of
honesty.
Neither of you is sure just why you suspect Sandy. But Sandy clearly had the
opportunity, clearly had the motivation for more money, (Sandy just bought a house),
and clearly has artistic talent. And you've known all your other fellow-workers a long
time. As a new, younger employee, how has Sandy acquired money enough to buy a
house? Why has Sandy been staying late, working alone?
The two of you have resonated off each other; probably neither of you would
have gone after Sandy by yourself. By now you feel considerable righteous anger,
however; Sandy should be fired, in your opinion, and you will say so to J.T.
Roo and Dana: You surely have nothing in common with these Roos and Danas.
But please try very hard to "be" these characters. The role requires committed,
passionate presentation of your case to J.T. Please briefly prepare a strong
presentation with each other? And do your best to stick with J.T., to press your
case, for 10 minutes. Make up any small details you need about why CPA needs to
protect its image and why J.T. must act immediately to get rid of Sandy and protect
you all.
You may make up any story you wish. You should try to get as much of the $2
as you can.
This simulation is about win/lose bargaining. You and another person must
divide $2 between you today; what you get, the other person loses. There may not be
any side deals, or "paybacks tomorrow," or circumventions of any other kind; this is
straight, distributive (win/lose) bargaining. Please follow the instructions, just for
today, even if they are distasteful to you. Many people like this kind of bargaining.
Other people hate it. If you hate it, play it out anyway and please tell me in the
discussion how you feel about it. Remember, please, no circumventions; please try
very hard to follow your Secret Instructions in each iteration of this simulation.
You will have specific, personal instructions with each new partner; they will be
different each time. You may not tell anyone else about these instructions until the
bargaining is over. Again, please follow the instructions as precisely as possible.
You will have a few minutes to consider strategy and tactics; please make notes
as to your plans and ideas about how you will bargain. Here are your questions:
* What do you want here? What is your most optimistic hope? Your realistic
expectation? What will you settle for?
* What does the other person probably want? How will you find out?
* How will you persuade the other person?
* What will your moves be?
It is not possible to ask questions for more instructions; just do as well as you
can.
later on, in case you're up for a major promotion. They'll look for Alzheimer's markers,
heart disease, breast cancer or whatever. But look, please also think carefully about this.
Are you sure you want to rock the boat? Global competition means cost control. What
can any one of us do?"
This person you are dealing with probably will not want to tell you about it but
he or she has had a terribly hard month. This past month was full of disaster: money
troubles, family difficulties, and none of it your colleagues fault. Through it all, your
colleague has been bearing up.
Make up
whatever story you wish, and get as much of the $2.00 as possible. (Just remember that
your colleague has been having a very hard time.)
This is zero-sum bargaining. You should get as much of the $2.00 as you can,
with any story you like.
Please keep up a high level of tension. Act concerned, repeat demands; don't give
in at all, if you can help it. If you do give in, come down only one cent at a time. Please
be tough.
Please annotate each item with the Source of Power implied in the
suggestion. Please also star three ideas that you find to be especially
promising.
This is zero-sum bargaining and you want to get just as much of the $2.00 as
you possibly can.
Please spend a moment and be really imaginative. You were chosen for this
instruction because of your creativity and inventiveness.
So be imaginative, be
convincing, and bargain just as effectively as you can. Make up the most convincing
tale you can and good luck!
Brainstorming Protocol
Ideas written and grouped where everyone can see them
Flipcharts
Blackboard
Post-its
No censoring
All ideas are valuable
Ideas prompt new ideas
One may build on ideas of others
Alternating turns
Encourages full participation
The best idea may come from an unlikely source
Be exhaustive
Push yourself beyond the last idea
The more thoughts you generate the more likely
youll discover the best idea
LEVELS OF CONSENSUS
1
I do not agree with the decision and feel the need to stand
in the way of this decision being accepted.
WEIGHTED DECISIONMAKING
Plan A
One person specifies choices, usually two or three. Everyone divides 100
points among the choices, silently or on paper. People then share their
votes. The choice with most points wins.
Reframing Positions
(an exercise in dealing with difficult tactics)
Please first reconstruct, together with your partner or groupwhat was the aggressive
opening statement made by the CEO, in the case we are considering?
Together with your partner, or group, now take the role of the Information Systems VP.
You are to reframe the "position" that has been taken by the CEO. What could youthe
VP of Information Systemssay, and then what might the CEO reply? Draft some
responses that the VP might make in answer to the CEO's aggressive opening statement:
toward discovering the real interests of the CEO (to do this well you might want to
think a little about what the CEO's real interests might be)
toward brainstorming options which might resolve the dilemma (to do this well you
might want to think a little about what the CEO's and the VP's real interests might be and
what the options might be)
toward discovering together the principles or objective criteria that could be used to
resolve the dilemma (to do this well you might want to think a little about what principles
or objective criteria might be useful to resolve this tension)
And then......please come up with your favorite sentence for each person to say to the
other, that combines assertiveness with empathy.
Introduction
You should begin by figuring out what you want and what the potential employer wants.
For example, you may not even wish to raise salary issues, after considering all your
interestsin addition to salaryand what is fair in the market. In addition, some employers
do not negotiate about salary though they may be willing to talk about other perquisites of a
jobso dont be pushed by family and friends into negotiating on salary, unless it is right to
do so. In particular please resist the temptation to negotiate with many employers, unless you
are really interested in all those jobs. However, sometimes you will wish to negotiate about
salaries as well as other perquisites of a jobhere are some ideas. Remember that
effectiveness depends on knowing the real interests (not just the positions) of both sides
Your interests
What you want out of a job will be some composite of your interests and of all the interests
that are attached to youtypically your own views, and those of your significant other, and
of your children if any, and of other family members, etc., that you wish to take into account.
So start by making a list of all the people on your side whose interests matter to you in
the upcoming negotiation. Then list the interests of each person who matters to you. Your
own list might include the following itemsbut please try to add several items to this list
before you finish. Make this list your own.
Salary.
Bonuses (including loan repayment, signing bonuses, yearly bonuses) and options.
Possible tax sheltering (for example living overseas)or double taxes!
Benefits (including family leave, child care, elder care, on-going training, moving costs,
car, housing, low-cost mortgage, loan repayment, vacation, pension plan, life insurance,
health/dental insurance, etc..)
Perks in equipment you will be using and other workplace perks like expense accounts.
Dress code/dress requirements.
Job responsibilities, including the degree of your independence.
Supervisory responsibilities.
The skills you will be using and the skills you will learn.
Your ability to talk about/write about/advertise what you will be doing (for example, can
and may you talk with your significant other about everything that you will be doing?)
Growth (and take-over) potential of the organization.
Growth potential of your job and salary.
The riskiness of the job and how you value this risk (plus or minus). Think about
mergers, reorganization and re-engineering as well as market-risk and global competition.
If you take this job will it help or hurt in your possibly shifting later to another
job/employer of interest to you?
How much you value the company ethics and culture and values and its attitudes toward
people like you (race, gender, nationality, religion, etc.)
How much do you value the goods or services the employer produces? How do you
evaluate this employers insistence (or lack of insistence) on quality?
How do you evaluate the nature of potential work/group relationsand the chance to work
with colleagues who are already there.
The potential boss, if you know him/her or know anything about him/her.
Expected hours per week, weeks per year, flexibility of hours. For example, can you
moonlight? Would you want to? Is there any unpaid leave possibility if you have a special
interest in time off? When do they want you to begin? Do they want you to work any unusual
hours? Do they expect that you, or you and your spouse or partner, will participate in public
social activities?
Evaluate the geographic location now, and where you will expect to live in two years and in
five years and twenty years. Think through the education requirements of members of your
family as well as of yourself. Think of cultural/ethnic/religious/seasonal factors. Consider the
availability of special medical or family care providers. Think where other members of your
family are (for example, your parents as potential grand-parents or your wish to escape some
family relationship.) Think about your after-hours interests. For example, think about your
safety as a single woman, and the safety of your family, and about earthquakes or whatever
matters to you in this regard.
What are the commuting considerations (where is the airport?)
Cost of living in the relevant area (make an estimate of regional variations in heating/AC,
cost of clothing, transportation, cost of entertaining, state taxes, etc., as well as the CPI in the
given area)
Travel requirementshow much travel would you like and where to?
If it is appropriate, discuss these same questionsas they affect your significant other and
his/her life and optionswith your significant other. For example you may wish to think
about total family income in a given location rather than just your own salary.
In general you should try to forget what other members of your class say they are getting
paid (unless they have accepted a job with the same employer and are willing to show you
the letter of offerin which case it is valuable information about the employer.)
Now rank order these items or at least re-order these itemsgroup at the top those which are
the most important for your negotiations with each potential employer. Then, make a
matrix with all the items that matter to you in a vertical list. In particular think about
what matters to you more and less than money. List potential employers along the
horizontal axis and then fill in the boxes with respect to each job or employer that starts to be
of interest. If you can, create some kind of weighting system about what matters most to you.
Even if you change the weights every day it is worth while to think through what is most
important to you.
If you know you are interested in only one employer, or if you are tied to one employer,
see if there are several different jobs available or discoverable there. Sometimes you can do a
little bargaining within one organization, if not for salary then with respect to many other job
characteristics. At least figure out where you stand, with respect to the list above, for all
possible jobs within the given company. The list may help you to develop new possibilities
in talking with a mentor at the company. In addition, your responses to the list may convince
you to begin to think about different employers sometime in the future.
Now that you have thought through all your interests, and trade-offs among them, what is
your target salary? What is the least you would accept? What is the most that you could
reasonably ask for each job?
Your sources of power and lack of power
There are many sources of power in any negotiation. Your sources of power or lack of
power include:
Your informationwhat knowledge do you have that the organization would consider
valuable? Include any special body of knowledge that you might possesslike the business
conditions in some part of the world that the organization might want to know about. Also
think through what this employer might need that you do not know. Could you learn some
new body of knowledge quickly?
Your expertisewhat makes you special? List languages, countries you have worked in,
and any outstanding skills from your family and from hobbies, as well as all you have gotten
from school and previous jobs. List the skills this employer might need that you do not yet
have. Could you quickly acquire any skill on this list?
Any special ability you have to find unique or elegant solutions to problems the specific
employer might have. Think hard about this possibility, since this is your strongest argument
for a higher than average salary. It is also a strong source of power if you are committed to
just one company.
The nature of your commitment to this job. Are you willing and able to work 80-90 hours
per week? Do you have a track record of working like this? Or do you need time off with a
new child or for yourself and want fewer hours per week and per year? Consider also the
nature of your commitment to be offered a given job. How hard will you workover what
time periodto get just the job you want? (Consider the possibilities of building contacts
and relationships in the company, acquiring the experience they need, etc.) The nature of
your commitment to be offered a given job is an important source of power if you are
committed to just one employer and cannot play off one employer against another.
Your relationships in the company and in the field. If you happen to have strong
relationshipssay with the CEO or with leaders in the new Congress or with the ruling
family of your country or with leading experts on whom you can draw for consultancies or
with recent alumnae/ni who could help youmake a list. If you have any important enemies
perhaps you had better list those also and consider their importance. Are there obviously
important relationships that you could start building now within the company? Could friends
or family or faculty help? This is a source of power that can be very important if you are
committed to one company.
If you know yourself to be abrasive or if people tell you that you appear arrogant when
you are ill at ease, please practice respectful speech and a uniformly courteous
professional attitude for job negotiations. Role-play! Many a good job/salary is gained or lost
through whether you come across as respectful or disrespectful. If you are embarked on a
long series of interviews, learn and unobtrusively record everyones name, including the
secretary who answers the boss phone. Use names on the next call. Thank people. Build
relationships. Think of yourself as selling the most important product in the world. Most
MBAs are thought to appear very ungracious and you can stand out from the pack just
because of your social skills. (Many a secretary who likes a job candidate has reminded the
boss of an odd wonderful possibility that just fits the job candidate and his or her interests.)
Charisma/moral authority. Assess your own charisma. It is an important source of power
or lack of power in job negotiations. Discuss this subject with friends and your family and
some faculty member. If you think you have trouble selling yourselfmost students do
feel this wayyou definitely should role-play. And you might carefully observe a friend or
faculty member whom you find charismatic.
Moral authority may also be a source of power if you are committed to one company and
want to move from an old (less interesting or bad) job to a new (more interesting) job. For
example can you argue on grounds of fairness that you deserve a new chance because you
have paid your dues at the old job or that you have spent great effort in school preparing for
new responsibilities and deserve a chance at a growth area? Can you argue on grounds of
fairness that you deserve a salary commensurate with some group that you might
reasonably belong to? For example, if salaries rose 10% while you were gone, might you
argue that you deserve at least that much raise when you return from school? Or that you
intend to honor your commitment to return to your old employerbut in fairness they should
be willing to pay you (close to) what you would earn if you were to skip to another
company? It goes without saying that if you are using moral authority it is particularly
important not to lie.
BATNAyour fall back position. Please think through your fall-back position for each
negotiation and sub-negotiation you will be in. For many people this is the major source of
power they will experience in looking for a jobplease develop options for yourself and
for your family. Options will help your sanity, will strengthen your bargaining position, and
will help your conscience. (Strong options will help defend you from the impulse to lie or
misrepresent yourself).
The fallback position is the source of power that appears weak if you are committed within
one company. It is especially a problem if your old salary within the company was low. But
you still may be able to scout out half a dozen possibilities within your old firmbuild and
use your professional relationships. If your old salary was low, spend a lot of effort to
redefine yourself as a new commodity. Use the power of commitment and be dogged about
this if you possibly can. Try very hard to build a fall-back position, so that you will be
choosing among jobs rather than just accepting one.
1) Are the X's and Y's (defined by gender or race or culture) different from each other as
negotiators? If so, are they different in:
-strategy?
-style?
-ethics?
-Machiavellianism?
-effectiveness?
-the sources of power they use?
-the options that they choose to deal with a concern/complaint?
-in some other way that is important?
2) If you think the X's and the Y's are different from each other are the groups
SIGNIFICANTLY different?
3) Do you think that the differences if any are malleable? (Could they be changed by
training or experience?)
There are many articles and research studies on the importance of culture and gender in
negotiations. Taken all together, my view is that these studies have little if any predictive
value for a specific negotiation. Some believe this is because the sum of the intra-group
differences exceeds the sum of the inter-group differences on almost any comparison
between large groups, like all men and all women. Others believe that some useful
differences could be found if we could control properly for all relevant variables, such as
the roles of the parties, their various kinds of power, the effects of socialization and of
expectations about various groups, and if we had a full understanding of the point that
different groups are often treated differently, whether they act differently or not. Yet
others believe that if research perfectly focussed on Strategy or Style that some
useful differences could be found. But at the present state of understanding we are
probably wise to presume that we do not know enough to make useful predictions.
It may be useful to review common errors in our reasoning about groups. These include
the idea that a given group is really homogenous, that a particular culture is a stable and
coherent entity or thing, that national character is uniformly distributed, that cultures
vary mainly on one dimension (say, collaboration or ruthlessness), that differences are
timeless, that different elements of etiquette and courtesy sum up to actual negotiation
differences.
My view is that customary courtesy does matter a lot between people and should be
explicitly consideredfor reasons of building relationshipbut not as predictor. In
addition, I read the research to suggest that it is prudent to: treat each person as an
individual, to assume that one can make some good guesses about the interests of Others,
but to assume that one must gather facts about each specific Other and . TO
PREPARE:
1) Think explicitly about cultural and gender variables. Discuss the stereotypes (of
oneself and the Other) explicitly, with a view toward understanding the Other, and the
possible interactions within teams and between teams. In this context explicitly consider
relevant aspects of the setting and culture, and of any recent important events or prior
negotiations.
2) Prepare with other people, and try to include representatives who are like the
Other or at least have had a lot of experience with the Other.
3) If possible build in an observer for your team and the possibility of mid-course
corrections.
You were assigned to a six-person team for a three month task. Six weeks have
gone by, and the team should now be planning carefully how to get the project report
finished and delivered in good order.
You did not originally know any of the other five members of the team. You six
were assigned together, to a self-managed, cross-functional team, to bring together ideas
from all over the company. The other team members come from five different units of
your company in five different areas of the world, and in fact speak five languages
different from yours and from each other the common language for the project is
English.
As it happens, you speak and write excellent English and you feel you have
emerged as a natural team leader. You have been thinking about how to get the report to
be a really good one. You also want it to "look good" as well, since it will be distributed
world-wide with the team member names on it. You figure the team will need five days
at the end of the project period just to design and produce a really beautiful report.
You are concerned about how to deal with Piro Pali. You and the other four
members of the team have been working very hard, and have pulled together a huge mass
of relevant data. Each of the five of you (except Piro) took a subset of the information.
Each of you has been analyzing and writing very productively about part of the problem.
You have seen nothing at all from Piro Pali, who comes late to meetings, is very quiet,
and seems not to be writing very much. None of the five of you has said anything to Piro,
who is from a very different culture, but now you and the others are getting somewhat
angry that you are being left with all the work. You decide that you will go speak with
Piro about all this.
********************
You were assigned to a six-person team for a three month task. Six weeks have
gone by, and the team is working away together far from home, with six more weeks to
go.
You did not originally know any of the other five members of the team. You six
were assigned together, to a self-managed, cross-functional team, to bring together ideas
from all over the company. The other team members come from five different units of
your company in five different areas of the world, and in fact speak five languages
different from yours and from each other the common language for the project is
English. (This is tough for you. English is your fifth language. Like many brilliant people
you have learned to speak English pretty easily, (if ungrammatically and with many
errors) but you hate writing it......who would believe all the written irregularities in
English?.... and you are pretty quiet most of the time.)
You are however very skilled in data manipulation and analysis. The TEAM has
brought together truly huge amounts of information; you have spent 14 hours a day
including nights and Sundays pulling together data sets from 43 different sources and
integrating them. While each of your teammates took an important subset of the
information, and has been analyzing that subset and writing it up, you have been working
quietly away on an integration of ALL the sources of information anyone was able to
collect. The other five all seem to be working together... their tasks have a lot in common
with each other. You have been working very hard and independently, and you hope to
be done in six weeks time on schedule. If you are lucky (and no one interrupts you) you
will produce a really impressive Appendix to the TEAM report an Appendix no one
could possibly have envisioned before you got started.
********************
You were assigned to a six-person team for a three month task. Six weeks have
gone by, and the team is working away together far from home, with six more weeks to
go. You hate the fact that you have been away from home for so long, and cannot wait to
be done and on your way. You are also annoyed that the TEAM was not brought together
in your country instead of Boston.
You did not originally know any of the other five members of the team. You six
were assigned together, to a self-managed, cross-functional team, to bring together ideas
from all over the company. The other team members come from five different units of
your company in five different areas of the world, and in fact speak five languages
different from yours and from each other the common language for the project is
English. (This in fact is a little tough for you. English is your fifth language. You are
constantly annoyed by the cultural imperialism of people who speak English as a first
language or from early childhood, and you do not like Boston).
You and the other members of the team have been working very hard. In the first
week the six of you pulled together a huge mass of relevant data. Each of the others
immediately took a subset of the information and they have been analyzing and writing
about part of the problem. While each of your teammates took an important subset of the
information, you think their actions were premature, and that they may have been wrong
to start so quickly before looking at the BIG PICTURE.
You have been working 80 hours a week, trying to pull together all 43
datasets...and you think that TEAM should call a meeting and look at what they have.
You think they started much too quickly on pieces of the problem and you are also
annoyed that no one has been helping you. As far as you can tell they do not even care
about doing this thing right. You are really quite angry about the five, Jan Li in
particular. Jan appears to think that God has chose him/her to be the boss. IS this TEAM
self-managed? Or is Jan going to come over and try to push you around? Above all you
determine that you will not be interrupted or distracted from the task ahead of you.
********************
True
for
me
Apologies
Instructors Notes
Effective use of apologies is very culture specific. If there is any topic in conflict
resolution where knowledge of another culture is essential, it is this one. Those who
teach about apologies, and those who apologize, must "know their own interests," and
"the interests of the Other Person," very accurately in order for apologies to be helpful in
diminishing tension and making amends. That said, there is a lot of evidence from North
America, that well-timed, genuine and detailed apologies can have a great effect.
It is also possible to make matters much worse by an ill-timed or non-genuine
apology. One class room exercise that is fun to use is to ask the class to come up with
"insulting apologies." Students will immediately come up with creative examples of
people who manage to blame the victim, humiliate the Other Person more, and so on.
The idea of insulting apologies can help to illuminate the importance of the aspects of a
"real" apology.
But he did look up at one point and said, "She never said 'no'. She could have just
walked out. I did not hurt her; I love her. I never would have stopped her if she had
tried to leave. Why didn't she say 'no'?"
As you talk gently with Josephine, you ask if she had tried to stop Joe. Had she
said "no"? Josephine looks at her feet. "I didn't say 'no'. I didn't say anything. I couldn't
talk at all. I couldn't move. I couldn't breathe. I just froze. It was as if I were up on the
ceiling watching this terrible thing happen to someone else. It was a long time before I
could get up and dress and leave. I just walked all day and most of the night and all day
today by the river. I couldn't talk with anyone."
How on earth did these two fine young scientists get into such a nightmare? What
will you do?
****************************
These stories are deeply troubling to everyone who hears them. Most people
believe in "fight or flight." So we ask ourselves, why didn't she run? Why didn't she hit
him? But "freezing" is an alternative to running or fighting. And it can be misleading to
an aggressor, especially if he has little or no experience with women, or believes that
silence means "yes".
The experienced on-looker may be left believing both of two, mutually
inconsistent interpretations of the same facts. Not only does each side seem convincing,
but one cannot reconcile the two stories, as one would like to do, by "establishing the
facts." In cases like these the facts, as a video tape would show them, are usually attested
to by both sides; that is not the problem. But the real problem does remain. Was
Josephine, who appears in every way a rape victim, in fact raped? Did Joe, who in no
obvious way appears to be a "rapist," rape Josephine?
Can I tell you my story? says my caller. I came in early to the office, and I overheard
a colleague talking on the phone about a fellow manager whom I don't know personally.
She said that for weeks she had been treated disrespectfully. She said she thinks the
fellow manager is deliberately trying to make her cry. She said that he ridicules her and
mocks her when they are working alone together. In meetings sometimes it is even
worse. He comes late to the meetings of her team, which he is supposed to attend. He
interrupts her sarcastically. He asks other people questions as if she were not there. She
keeps asking him to come on time and so on; he ignores her. Yesterday he stood up at a
meeting of her team, and shook his finger at her, yelling."
She was crying on the phone and told her friend that she was going to try for a transfer to
Dallas.
I am going crazy, says my caller. I called HR, though fortunately I did not mention
anybodys nameincluding not my own. They said I should immediately tell them who
it is, and they in turn should institute a fair, prompt and thorough investigation. So I went
back to my colleague to talk with her. She pleaded with me to keep my mouth shut. She
said it would be his word against hers. She is very much afraid that somehow he will
get back at her. She is desperately worried about anyone else hearing about this.
"We talked about it again at lunchtime. She said she did not want to get anyone in
trouble, she did not want an investigation, all she wants is to get back to work. She was
unbelievably upset with me for eavesdropping. She says there is nothing that anyone can
do, and that I have to keep quiet about this until she can try to get out. She was totally
against the idea of going to talk with some strange person in HR whom she doesnt even
know. She is really worried about getting a reference because she wants to transfer. I am
worried that she or he might sue me if I tell anyone. And what happens if there is
an investigation, it turns out there is not enough evidence to prove he harassed her, my
colleagues career is ruined, and both my colleagues hate me? On the other hand, a
recent Team Management workshop instructs me to think of my teammates as one group
of my own personal customers. I am supposed to act "responsibly" if I think someone
is being treated unprofessionally. Can you help me? What should I do?
MANAGER'S DILEMMA:
THE EAVESDROPPING MANAGER
(Secret Instructions)
You are the eavesdropping manager in this case. You contacted the EEO office, went
back to the offended staff person; your request that she go to the EEO office was
indignantly rejected. You have talked with others however and feel that someone really
must report the harassment to EEO as your employer requires. So you've asked the
offended staff person to meet with you once more.
You are very much dismayed. You cannot imagine continuing to work with your
management colleague (the alleged harasser) unless and until this is settled. You do not
know how easy it would be for the staff person to transfer and that doesn't improve your
situation anyway.
Please stay in role for this negotiation. You may make up any small details you wish
(especially about yourself and your own situation). You may come to any realistic
agreement with the offended staff person, but remember the company has a policy that
she and you report any evidence of harassment. Moreover you know these
situations often leak, so your behavior may come under scrutiny.
All in all it is important to you that the staff person in fact talk with you today and that
the situation be dealt with effectively. You can use any realistic tack you wish:
persuasion, a direct order or any other real-life mode you choose.
MANAGER'S DILEMMA:
THE OFFENDED PERSON
(Secret Instructions)
You are the offended staff person in this case. You learned today that you were
overheard on the phone describing the harassment you have been enduring from one of
your bosses.
The manager who overheard you has asked to meet with you. You are pretty sure this
manager will re-iterate a request that you go to the company EEO office to report what
has been happening.
You are very much dismayed. You are angry with the manager who eavesdropped. You
are angry with the situation you're in. You must keep this job. Your spouse would be
extremely angry if the situation comes to light. Your family would not understand. You
do not know whether you can get a transfer within the company. You hate the idea of
talking with some strange EEO officer. And you are really upset, and having nightmares,
about the boss' touching you.
Please stay in role for this negotiation. You may make up any small details you wish,
especially about yourself and what has happened to you. You may come to any realistic
agreement you wish, with the eavesdropping manager. However you need not come to
any agreement at all if you do not wish to. (Please, though, do talk with the
eavesdropping manager for at least 10 or 15 minutes.)
Alarming Night
Instructors Notes
I have often used this case just for class discussion (as in the 10th class). But I
also use it as the backdrop for role-plays, in the class where the students are building a
conflict management system. A major dilemma for building a system is whether one is
building it for the employees, or whether one is building it for senior management, or
both.
The role-play illuminates these differences. Students prepare in role --- with other
students having the same role and they should prepare at length out of class or in-class.
Two employees then deal (in role-play) with one senior manager. The ensuing
discussions are likely to help students understand the sense of powerlessness that
employees may have and the self interest that a CEO may feel.
AN ALARMING NIGHT
Designing an Internal Dispute Resolution System
(Secret Instructions for Dr. Y. T. Links)
You are the CEO of Chiplinks. As a result of recent Federal regulations, your
lawyer has advised you to set up an internal dispute resolution system immediately. You
have told Chris Lee and Piro Pati to think about this question also, since your lawyer
strongly recommended consultation with employees.
Here are the questions on your mind:
1) What are the options that should be offered in the new dispute resolution
system?
2) What other ideas do you have about how the system should work?
3) How will you conduct the discussion with Lee and Pati?
Y.T.: Please imagine that you know that there was some concern about the alarm
system.
AN ALARMING NIGHT
Chris Lee walked slowly to the parking lot at midnight Friday night. Chiplinks Company
had hired Chris six months ago, as an assistant plant manager, but Chris was not happy.
Chris had come to work late Friday evening after a business trip, determined to catch up
on paperwork (and take some work home) before Monday morning. Once inside the
plant, Chris had decided to wander around. It always made sense to chitchat with the
senior scientists. Many worked odd hours; a Friday night would be a good time to touch
base with any round-the-clock type who happened to be there, Chris thought.
Chris had been greeted by the security guard at the desk and then had gone back to see
the guard an hour later to ask a question: "Why are the toxic gas alarms off, on the third
floor?" The guard had looked nervous and denied noticing that the alarms were turned
off, even though the alarm box lights were obviously off at the front desk. Chris had
gone back to the third floor, methodically turning alarms back on in each area of the third
floor, and methodically closing and locking the safety doors between the third floor work
areas, since the toxic gas alarm system would only work when the doors were all
properly closed.
At the end of the third floor, Chris found Piro Pati. Pati was a technical assistant to Y.T.
Links, founder and CEO of the Chiplinks Company. Links held patents on a number of
computer chip innovations and was well-known for continued research in chip design.
Pati was one of several technicians working on a new idea. This was an area of the plant
that Chris had hardly seen before; it was Y.T. Links' personal domain.
Chris was upset about the alarm system. "How can you not have noticed that the alarm
system was off?" demanded an angry Lee of Piro Pati. At first Pati wouldn't answer
then Pati dissembled then finally muttered that Dr. Links always turned the system off
when working at night, to facilitate moving from work area to work area. Chris had then
surveyed the work area around Pati: open beakers, unlabeled bottles, odd-looking bits of
things on the floor. "Don't you realize that these work habits might endanger everyone
on the whole floor, when they come in to work the next day?" Pati had merely nodded.
"You know what Dr. Links is like," replied Pati.
Chris did indeed know what Links was like. Links' temper tantrums were legendary.
Employees, even valuable employees, had been humiliated in public and fired on the
spot, just for asking questions. Chiplinks people were paid far above industry average,
they had extraordinary benefits.....and they kept their mouths shut.
AN ALARMING NIGHT
Designing an Internal Dispute Resolution System
(Secret Instructions for Piro Pati and Chris Lee)
You have been asked to meet with each other to discuss and recommend a dispute
resolution system for the company. You are happy about this assignment because of the
recent unhappy discussion on a Friday night-and since Chiplinks now employs about 500
people, you think some kind of system is really needed. You will be meeting shortly
with Dr. Y.T. Links.
Please spend 15 minutes on the following:
1) What are the options that should be offered in the new dispute resolution
system?
2) What other ideas do you have about how the system should work?
3) How will you pursue this discussion with Dr. Y.T. Links?
Piro and Chris: Please imagine you had a long conversation last Friday with each
other and with other employees about the toxic gas alarm system problems.
Please stay in role for this assignmenttry to imagine what Overween actually
would want, and prepare and play the role accordingly? You may make any
presumptions you like about what you read in the General Instructions. You can
consider yourself guilty or imagine youve always been ethical. You do know that
from time to time junior people imagineand claimall kinds of irresponsible
rights to intellectual property.
You have just been informed that Biochemix has decided to draft specifications for a new
internal dispute resolution system for the company. You are very pleased about this
development, though you were also puzzled about why the company might be taking this
step. You asked around and learned that Biochemix has just noticed that various recent
pieces of legislation make it important for the company to be able to point to a good
internal complaint system.
You and others like you strongly agree that the company needs an internal dispute
resolution system. You recently were very upset by overhearing allegations about some
behavior from your Lab Director, Rupert Overween, that if true would be unethical. You
are very pleased that several research staff, you included, have been asked to join the
drafting committee. You decide to meet with two other research staff who will be
meeting with you to draft some specs for the new system. You will then be meeting in a
few minutes with Rupert Overween to discuss the basic specifications for the system you
propose. Please prepare with these other colleagues a list of specifications that you
believe to be important. The lab heads may not give you much time so you should be
prepared to be specific and well-organized.
Please stay in role for this assignmenttry to imagine what the colleagues of
Archibald actually would want, and prepare and play the role accordingly?
Options in a System
Systems
Change
Training
Arbitration/Adjudication
Investigation
Shuttle Diplomacy
Formal Mediation
Generic Solutions
Listening &
Affirming Feelings
Quit
Gossip
Postings to
Chat Room
Agency
Complaint
Boycotts
Sabotage
Law suits
Starting a
Competitive
Venture
Newspaper
Campaigns
Congressional
Investigation
Violence
Image courtesy of Robert Fein.
ANONYMOUS QUESTIONNAIRE
ON SOURCES OF SATISFACTION AND SOURCES OF DISPUTES
IN THE WORKPLACE
I.
II.
People vary a great deal in their sources of satisfaction at work. Here is a typical
list of sources of work satisfaction. Please put a 1 and a 2 next to the two points
that matter most to you.
Sources of Satisfaction
Rating
______
______
______
______
______
______
Other:
______
People also get into disputes at work over almost any subject. Some of these
disputes are noisy conflicts; some are just experienced inside one's own head.
Please try to remember a workplace conflict that you found particularly upsetting,
at any time in your life. Would you circle the item above that comes closest to
defining the subject matter of the conflict or dispute?
I. Due process may be seen as a matter of specific elements of process prescribed by various
laws, statutes or policies, for example:
Notice to the defendant; right to know the charges or all the major elements of the charges. In
some cases the right to know the rules and policies that are relevant; in some cases the right to
know who is the accuser;
Timeliness of the process and of each step of the process;
Right to present ones own evidence; in some cases the right to question the evidence brought by
the other side; in some cases the right to face or meet with the accuser; the right to respond to the
concerns that are raised;
Right to accompaniment and someone to advise; in some cases the right to legal counsel;
A fair and impartial fact-finding; a fair and impartial hearing;
Right to a decision that is not capricious, unreasonable or arbitrary in nature;
Notice of the decision; in some cases the right to a written decision with a statement of the
reasons for the decision;
In some cases the right to an appeals process;
Freedom from retaliation, especially when raising a complaint in a responsible manner and in
good faith;
In some cases the right to have ones case treated the same way as similar cases;
In some cases the right of privacy, as far as possible, for all concerned.
II. Due process may also be seen as that which is due under the circumstances. Sometimes
people use the term just to mean the process I think I deserve whether as a matter of law,
employer policy, or just what the individual thinks is fair.
********
Because of the considerable ambiguity of the term due process, a prudent manager may prefer the
term fairness or speak only of specific elements of procedure rather than risk serious
miscommunication. In particular, one does not wish to appear to have promised any specific
element of procedure which an employer does not necessarily guarantee, such as an open hearing or
right of cross-examination.
Dealing with Difficult People --- Getting the Package to the Airport
Instructors Notes
Neophytes sometimes think that their workplaces will be devoid of truly Difficult
People --- abrasive people, negativists, those who blame others for every mistake and so
on. It can be difficult to address this topic in a classroom because there are so many
varieties of people whom others find "difficult."
For this reason I first set the apparently odd task, "When is a Difficult Person not
Difficult?" --- using the worksheet and often encouraging students to work together.
Students will immediately come up with long lists which illuminate the fact that
"difficult-ness" is not uniform, and that it can be managed.
I set the fanciful role play about getting a package to an airport in order to show
that a person may sometimes be dependent on people who are difficult to supervise, and
that there are helpful ways to manage in such a situation. The role-play itself, at least in
North America, is also hilarious. The student who plays Ashley Nonnon will usually be
creative and delightful (for the onlooker, not for the supervisor). The play will of course
take only ten or fifteen minutes. The debrief must be generalized --- to include
"negativists" --- but also to embrace dealing with anyone who poses a problem in the
workplace. I draw heavily on the work of Ury, Bramson and Solomon (see Resources).
Ashley: Stay in character. You are a negativistic, dour pessimist. You spread
depression everywhere, and are jolted by abrupt changes in your life. Nevertheless,
if approached the right way, you are a terrific worker. So try to get into this
character and be helpful only if you feel Ashley really would. But please drag your
feet, in any way you can think of for the first five minutes. Be creative but be sure
not to smile at your own creativity. (Ashley NEVER smiles.)
Please stay in the classroom or nearby?
(Kim: Stay in character; make up any small facts you need; do the best you can.
Can you lay a plan? We will ask you later what it was.)
Please stay in the classroom or nearby?
Dealing with:
people you do not know who are following secret instructions;
people who may be lying;
someone alleging racism, or a sexual attack;
someone alleged to be racist, sexist;
a performance evaluation with insufficient data;
how you might plan to fire someone;
a #2 who wants the job of the boss;
a potential conflict of interest with a husband and wife team, where the company needs
the husband;
various possibly unethical situations;
an international recruitment situation with many unknowns in job and compensation;
negative, one-point, and wide positive bargaining ranges;
bargaining in terms of feelings, time, and status, as well as money;
brainstorming with large and small groups on relatively delicate issues; use of a Devils
Advocate to prepare;
being surprised: often with too few or misleading data, by a large bargaining range, a
mediation where it was impossible to be sufficiently prepared; a mob;
aggressive competitive Others; people who rely on commitment power;
a mentoring problem in an uncertain but hierarchical structure;
coalitional bargaining where prior relationships play a strong role as well as rational
bargaining strength;
constructing the elements of an effective apology;
considering the elements of a fair complaint systemand how different people see
complaint options;
understanding common sources of stress;
how to address a serious complaint or perceived injury;
how to choose an option for a complaint; how to help an Other to do so;
how to think about different sides of a painful or even dangerous misunderstanding;
whistleblowers and whistleblowing issues;
a case involving the elements of fair investigations with no prior warning;
potentially dangerous situations;
people with various personality problems: e.g. negativists, people who are pointedly
unhelpful.
the professor
LISTEN: Whatever happens, imagine that it is "data." Keep a journal or do any other kind of
writing that reaffirms your discussion with yourself, drawing on your own values. These views and
feelings may be shared with a few trusted others.
For more information, see Robert Liftons work on survivors of "brain washing."
Worksheet
Estimate your time constraints is this an emergency? Do you have time to give the
complainant a little time to compose his or her thoughts?
Consider whether you are the right person to deal with this complaint;
Determine whose interests are at stake and what those interests are;
Determine who owns this question. Who is responsible for this subject or problem?
Who in management would think they have a right over this subject? What about the
original source of the complaint does that person feel he or she "owns" the complaint
or ought to be able to do so?
Consider seeking advice, making certain that you have permission* to do so. Seek advice
from people who might understand some aspect the technical points or the racial
context or the policies and laws at stake better than you. Ask for unforeseen issues,
precedents, etc.;
Gather any facts that are cost-effective and ethical and, perhaps unobtrusively
available to gather in the time you have. Depending on the situation this might be
done by you or for you or for some other manager;
Brainstorm with someone else if possible all the constructive and unconstructive
options open to each actor. This will lead you to doing an analysis of the sources of
power** for each of the actors. Be sure that you have thought through the covert and
acting out options open to each actor;
Brainstorm a second time if the situation is very serious feelings, interests, positions,
options and the policies and principles and laws that should govern this situation;
Make notes figure out a plan for action, and a plan for follow-up. (This is essential in
harassment, safety and ethics cases).
B. General Principles
Other things being equal, offer options that resolve the problem at the lowest possible
level. Delegate as much complaint-handling as you effectively can empowering
others is probably efficient for you and may produce better answers in the short and long
run;
Ask the complainant to consider all the other options as well, and consider them again
before any action is taken. Be sure that if this option is chosen, that the complainant
knows other options exist and has freely chosen this one. This is essential for
harassment, safety and ethics complaints;
Explore facts and feelings with the complainant take enough time! Listen, listen,
listen......;
Explore with the complainant, what the Other would or will think, say, do and feel. You
may wish to role-play: I'll be you you be the Other;
Encourage your complainant to draft a letter to the Other, writing several drafts if
necessary, with facts, feelings, and recommendations in separate sections. Characterize
this step as a preparation step that might help with any option, not as a commitment
necessarily to send the letter;
Help your complainant choose an option for handling the complaint. If the option is to be
that the complainant will handle the problem directly, help him or her to choose whether
to handle the problem in person or on paper, or both for example, by delivering the
letter in person. The complainant should keep a copy of a letter, if any, but usually
should not send open or covert photo-copies to anyone;
Prepare for all logical outcomes on the part of the alleged offender, so the complainant
will not be surprised by the outcome, whatever it is;
Follow-up with the complainant. This is essential with harassment, safety and ethics
complaints.
This option helps to support peoples' control over their own complaints. For many
people, handling a problem directly, if it is effective, may be a preferred process
because they maintain control no matter what the substance of the complaint;
This option may be the only reasonable option if there is not enough evidence and when
it is impossible or too expensive for the complainant or the employer to get all the facts;
In most cases handling a problem directly is less likely to provoke attempts at reprisal,
since reprisal is often provoked by intervention by a third party dealing directly does
not rock the boat and is often preferred by the Other;
This option is sometimes better in terms of timing and other psychological variables, due
to the complainant's superior knowledge of the situation;
This option usually permits the widest variety of next steps, if this step does not work,
and if more action is desired;
This option may prevent mistakes based on insufficient data and/or different perceptions
of the facts this choice makes it much more likely that the complainant will learn what
should be learned about the facts and the Others perceptions of the facts;
c)
2.
This option may help to teach offended people a method for dealing with problems and
offenses. Moreover, teaching a method for dealing with problems rather than just
solving the specific problem appears to make it less likely that the complainant will be
offended in the future possibly because it may help such a person to learn how to
prevent interpersonal problems;
Delegating complaint-handling makes a more efficient enterprise, (as with any other
effective delegation of responsibility);
Handling problems directly appears to some people more moral and more fair. In
particular many offenders hate to have some one go around them;
This option will usually provide more leverage for management, if management action is
needed later on, because of the evidence provided by a complainant's letter, or by the
complainant's direct attempt to get the situation resolved.
Caveats:
This option has only limited goals there is not likely to be much system change, or
consciousness-raising of others from the use of this option, unless the option becomes
widely known and used in the company;
If a complainant sends a letter, that letter then belongs to the recipient and can be used by
that person. This can be damaging if the letter is inaccurate or embarrassing;
Consider all other options, with the complainant and by yourself. Be sure that you have
permission* to talk with everyone with whom you will need to talk. Remember that in
most situations formal mediation should be voluntary for all parties, though shuttle
diplomacy need not be;
Seek advice, from counsel, EO, ER, mentors, superiors, etc. if appropriate. Consider
reading Christopher Moores Mediation Process;
Consider how and when to enter the dispute. Can you enhance your credibility? Is there
trust and rapport is there anyway you can build trust? Think about timing and place,
etc. Is there an understanding of third-party intervention of this type? (Most people
understand shuttle diplomacy. Fewer people understand mediation.) What are each
party's expectations of you?
Investigate a little if you can do so at no cost. Are there records? Will the parties have
data they can prepare for you? (In a formal mediation, the parties should come to their
own settlement you should not act as a judge but you as a third party will be better
off with as much data as you can get, in either shuttle diplomacy or mediation);
Prepare and plan for all logical outcomes beginning with the standard analysis of
feelings, interests, positions, options, policies, laws and principles that may pertain or
should pertain;
Choose a mode for how you will enter the dispute, remembering that within
hierarchies shuttle diplomacy works better for most people than does mediation. (See
also point "c", below.) If mediation appears to be a good choice, then consider using
shuttle diplomacy first, to prepare people for the mediation;
Follow the basic steps. Prevent emotional withdrawal if possible. Save face for everyone
if you can. Protect and support conciliatory feelings if possible. Seek out all the interests
again and again, and deal with the positions that come up. Brainstorm if possible
expand the pie if you can wait for the parties own solution if it will come. Then help
narrow the issues; help in assessing and choosing an option; come to a conclusion; state
the conclusion; write the settlement if appropriate;
Follow up if appropriate.
c)
The parties want this option and you have been asked to conciliate or mediate;
You feel comfortable with this option you know you are good at it and you know you
are reasonably impartial;
The timing seems right. For example, they have tried to settle this themselves
unsuccessfully, but they are not yet hopelessly polarized;
You believe that you will be able to problem-solve, to help them come to their own
solution, to help them exchange information and perceptions, to build trust;
The parties each perceive that they have weak BATNAs; there is reasonably equal power
in the situation;
Your employer has a high investment in a good outcome for each person involved;
This is the option that the parties want, or that one person wants, or that you prefer;
This is the best way to get the data that are needed;
This is the only way to substitute for someone who cannot be there for face-to-face
mediation;
This is the only way to deal with the situation because you cannot discuss all the relevant
data with one person or the other;
This is the best way you can think of to deal with an imbalance of power.
d) Caveats:
Do not use mediation or let others do so where what is really intended is to lay down the
law or otherwise adjudicate, or arbitrate. People will quickly come to distrust the process
if they were brought together to find (or to help to find) their own solution and the
"mediator" provides and insists on his or her own solution;
3.
Do not let mediation be used as a tool for formal investigation or where the employer
believes it will learn facts that will force it to adjudicate;
If the settlement is not kept by the employer there will be no organizational record of the
dispute;
The complainant should consider all other options. The investigator should if possible
have permission* to use the information that it acquires, (except in the unusual
circumstance that there must be a truly clandestine investigation;)
Under ordinary circumstances the employer should not take adverse administrative action
against an employee without a fair process*** beforehand. Emergencies may occasionally
pose a problem in this respect, but the employer should consider carefully whether a fair
process can occur, before it fails to initiate such a process;
Should advice be sought from counsel, EO, ER, mentor, a superior, etc.?
The employer should consider who should be the investigator(s). For example, it may
wish to insulate a decision-maker from any bias or perception of bias, or from backlash.
It may wish to find special, perhaps technical, expertise in fact-finding, or persons of a
given race or gender.
The employer should consider what should be the charge to the fact-finder, and what
should be the limits or scope of the investigation;
The employer should consider whether the investigation should be formal or informal,
and whether the investigator should or should not be asked for formal recommendations.
It should not ask a junior person to make formal recommendations;
The employer should consider the timing of the investigation, which should typically be
fair, prompt and thorough. (Note that an expeditious investigation will not necessarily
be possible);
The employer should consider carefully all the non-invasive sources of data, for example,
records, reports, etc., before going to disruptive sources of data;
The employer should consider very carefully who should know about the investigation,
beginning of course with whether it will inform the subject of the investigation. The
employer should consider who will be informed about the process of an investigation if it
takes a long time, and on what schedule;
The employer should prepare and plan for all the logical outcomes, beginning with the
standard analysis of feelings, interests, positions, options, policies, laws and principles
that may be relevant. It is particularly important to do a careful analysis of the sources of
power of each of the people involved, and a careful analysis of unconstructive as well as
constructive options open to each of these people;
The employer should arrange for appropriate review of the results of any formal
investigation for example by legal counsel before administrative action is taken;
The employer should anticipate and plan for follow-up steps after investigation and
adjudication have occurred.
Where an investigator is willing and able to undertake a fair process; (for example
having no serious conflict of interest);
c)
4.
Where one or both parties wish an investigation and decision-making, and you approve,
for example for the reasons above;
Where both or all parties refuse to negotiate or mediate; where the parties cannot learn
how to negotiate fast enough to deal with the problem that must be resolved;
In lose/lose situations where the goal is to minimize the maximum feasible loss;
Where the future relations of the parties are not a concern or might actually be enhanced
by adjudication, or satisfaction of the real interests of the parties is not dependent on their
future cooperation;
Where the stakes for the parties are low, but they are high for your employer.
Caveats:
Investigations are often very expensive in time and feelings, and money, and
investigations often make people fear and dislike the investigator and decision maker;
Expect that the results of the process and outcome of the investigation may be made
public, possibly in a disconcerting way;
Be prepared for people voting with their feet or expressing other dissatisfaction with
the outcome of investigation and adjudication. This is especially difficult in situations
where the employer will not be able to give information to the public, and where it
therefore cannot defend itself and the process. In such situations it may need to continue
to deal with peoples' feelings, and to try to maintain respectful relations with disputants
and bystanders, for some time. This may be especially true with people who are or
who see themselves as whistleblowers.
Too frequent adjudication of disputes may result in inefficient management and loss of
motivation or willingness to speak up by those involved.
Consider all other options with the complainant to be sure this one is appropriate. Be sure
that you have permission* or a right to use any information you will need to use.
Alternatively you could try to work with the complainant to devise a method whereby an
appropriate office (like Safety or Audit or Environmental Hazards) can be alerted to
collect the information that is needed on an unobtrusive or apparently routine basis
without your having to break anyone's confidence;
Ask yourself, whose interests are at stake? (Make a list). Ask yourself, who owns this
problem who would feel a right to dispose of or prevent this type of problem? (Make
a list). Consider these lists carefully before you decide where and how to intervene;
Consider the time constraints. Is this urgent? Is this a problem that needs careful study?
Do a quick and practical cost-effectiveness analysis in your head about whether and
when and how a systems approach might help;
Consider whether to design a way to find out later if the systems change is working.
Where you personally are willing and able to pursue a generic approach;
c)
Where many people are likely to have the same problem, the costs of not fixing it are
high, or for any other reasons the cost-benefit analysis is favorable;
Where the workplace culture is, or should be, tilted toward preventive measures as well
as complaint resolution;
Where for confidentiality reasons you cannot address the alleged problem of an
individual (e.g. sexual harassment or unpaid overtime required of a non-exempt
employee) but a generic address to the problem (e.g. a training program on harassment
or a departmental reminder on the overtime laws) is likely to resolve the problem of a
known individual who will not otherwise come forward;
Where the complainant or the offender is unknown (e.g.. the complainant is anonymous
or an anonymous person is making obscene calls);
Where you have picked up a problem new to the company, that will need to be thought
through, or where the ramifications of a problem are as yet unknown and should be
considered at top management levels;
Where the only satisfactory approach will require cooperation between the company and
outside persons or entities.
Caveats:
A systems approach may not satisfy the feelings of individual complainants, especially if
a problem is taken out of individual hands, or the solution takes a long time, or a
vanilla solution must be adopted to placate strong competing interests;
Justice may or may not be served in the individual case that is dealt with on a generic
basis;
If a systems approach is used to deal with an individual case, follow-up with the
individual who complained may be essential, to be sure that the individual problem does
not recur;
Some managers will complain that a systems approach was not needed, for a problem
that they never knew existed, or thought to be trivial, or very rare;
One must approach the system in the right manner, at the right time and at the right level.
If you think this is not possible at the moment, this may not be a good option.
Confidentiality and Privacy: Always get permission, if you can, to use the information given by a
complainant. Typically one can get permission to consult with others, to use the information on an
anonymous basis, or to use the information after a certain period of time has passed (if this is acceptable to
you). If all else fails, a complainant will often give you permission to tell a person very high in
management, for example, a CEO. It is usually better to spend the time to work very hard to get permission
to use information than to expose someone as an informant. When in doubt, (and when an investigation is
not clandestine), work hard to get explicit permission before quoting a complainant by name, and in
general always protect people's privacy in any responsible way that is open to you.
**
***
A Fair Process requires, at a minimum, that the alleged offender know the charges against him or her, (or
all the major elements of the charges), that he or she have a reasonable opportunity to respond to those
charges and to bring his or her own witnesses, and that the matter will be investigated and adjudicated by a
reasonably impartial person or persons.
QIU JU
Is Qiu Ju seeking revenge?
What does she say she wants?
How are bystanders affected, and how do they react when people appear to seek revenge?
What happens to the person who gets revenge?
How do people perceive complaints that go up the line of supervision? What really does
happen when cases are appealed up the line of supervision?
What should you do as a manager if you are dealing with a person who "can't let go"?
People are more likely to think you are an effective negotiator if you are collaborative.
We are all a lot worse at judging when someone is lying than we think we are.
There are a number of special ways to handle an aggressive, competitive negotiator.
Coalitions can be extremely powerful, but they require constant attention.
PIE letters and other written accounts can be very effective as a complainant, a complaint
handler, and a mediator.
Remember the LAST TASK! (Each must think the settlement to be the best possible under
the circumstances.)
Watch out for pot holes as a complaint handler (i.e. talking about yourself, taking the
situation away from the complainant)! Staying silent is the safest way to be.
As a mediator, be sure you have the facts before you mediate and then work towards a
PROCESS not a solution.
I think my favorite may just be a little nugget. It's the idea of signaling with bids. As a
seller, if I drop my asking price by 4, then 3, then 2, I'm signaling that I'm approaching the
end of my range. Dropping in equal amounts doesn't provide that signal. I really like that
idea.
Before mediating a conflict, try to meet separately with the various parties, especially in a
"relationship" conflict.
Concentrate on interests rather than positions.
You can always offer respect.
The best tactic in distributive negotiation (or one of them, anyway), is to sow doubt in the
Other about their position.
There are no purely distributive or purely integrative negotiations. So in a negotiation that
looks distributive, I can search for interests to satisfy. And in a negotiation that looks
integrative, I still need to protect my interests on the distributive aspects.
Be careful in triads.
I'm very competitive. Very.
But I'm also capable of generating elegant solutions.
Study the interests and position of the Other. (Part of prepare, prepare, prepare.)
Insufferably Obnoxious Negotiators are virtually always unprepared. Bridge his gap of
unpreparedness with our information.
In a conflict management system, people should be offered options. I assume that holds
true for me as a conflict manager as well (i.e., I need to remember to offer people options.)
Negotiating by computer is inefficient.
Culture matters.
Be prepared for surprises in negotiation (like a very wide range).
Always speak well of my classmates (assuming it's the truth).
Absolutely, positively prepare as much as possible before negotiations begin.
Negotiations begin now, (or soon as an Other or an issue are identified.)
Understanding where Other is coming from is the basis of effectiveness in any strategy.
Always know your BATNA.
Know yourselfwho you are, how you come across, where your major negotiating
strengths are.
Prepare, prepare. Who are stakeholders? Their i's?
My interests/O's
(rights)
My power/O's power .
p/pone deadlines!
Tangible/intangibleyou can almost always give respect to make even distributive a little
integrative.
Importance of previous negotiation.
Infoyou have more power than you know.
Is this an emergency?
Options! SYSTEMS APPROACH
If due process is going to lead to discipline be as sure as you can!
Cooperative does not equal effective or ineffective. Strategy does not equal style.
Competitive also does not equal effective or ineffective.
Last Task. (Darn it. What is it? No problem. Look earlier on the list.)
* What are the public positions (demands) of each actor? (What can you do to forestall
commitments to "positions"?)
* What are the real interests of each actor? Do these include the interests of all those cited above
whose "interests are at stake"? (What can you do to meet at least some of the interests of all sides?)
* Brainstormwith others if possible (and, at a later stage, with the Other Side if appropriate in
collaboration)all the logical options open to each actor. Which are constructive, and which
unconstructive from your point of view (or your employer's point of view)? Which option(s) seem(s)
most likely in the next, short time period? What kinds of coalitions are open to youand to the other
actors? What would these coalitions mean, especially for your own interests?
* What are the policies, laws, principles and other criteria that should be used, or could be agreed
upon, to decide this dispute?
* What are the real-life, ("reality") constraints here (for example, shortage of time, money, other
resources)?
* Can you go through this list imagining you are each of the other actors? (One way to do this is
to choose a Devil's Advocate in your own group, who will "be" each of the other actors, in turn, during
the discussions in your own group);
* Check again: Do you have enough information? Would it be cost-effective to gather more
information? (List costs and benefits.) Do you have the time to wait? Should you now collect
information for some probable "Phase Two" even if you have to act now on "Phase One"? (The test
question for deciding whether you have enough data is, "What kind of information would make you
change your mind and have you looked carefully to see if such data exist?");
* Choose strategy and tactics (who, what, when, where and how for "Phase One");
* Now think about "Phase Two." Who will be affected? Who may be happy or unhappy about
this decision? Should you prepare for these reactions? (Think particularly of anyone whose "interests are
at stake" whom you did not list as an "actor".)
********************
Keep in mind, the theoretical elements of success in settling a negotiation or dispute:
1. Negotiations and problem-solving have produced the maximum possible "value added." No
more value can be created at this time under the constraints given; the solution is Pareto-optimal; no other
solution(s) will better satisfy the set of all the interests examined.
2. No redistribution of value will give significant gains to one side without taking significantly
from another; (you can't give more to A without making B feel much worse).
3. All actors believe the process was fair.
4. All actors believe this is the best possible solution under the circumstances.
5. The settlement is legal and proper.
And, remember the Last Taskif possible the parties should come to see the solution as the best possible
solution under the circumstances.
You are off to see the Division Chief, Terry Hardel, after staying up all night
talking with Joe.
You are absolutely furious. Neither your present Group Manager nor Hardel has
had the courtesy to call you in or talk with you. In fact, Hardel probably would not have
seen you except that you simply insisted.
Obviously you've known all along that your marriage might get in the way of a
promotion for either you or Joe. You've known that Navigational Systems has an antinepotism policy with respect to supervision. And since theoretical physicists normally
do not become managers in engineering firms, you always knew it would be Joe who
would get promoted, if it happened to either of you. In fact you and Joe had even
explored this point with your present Group Manager, when you got married. He had
said:
1) "No one had ever been promoted to head a Group at Navigational Systems
under age 38." (You are 33 but Joe is only 30);
2) If a promotion came along, "You'd probably both know, a year or so ahead,
and could plan for it;"
3) "Don't worry about it!"
You in fact are angriest about the question of timing. A year would have been a
good period to continue work on your present research problem and it was what you'd
been planning on, under the present work plan. You would love to be able to continue
your computer simulations, rework the theoretical predictions and iterate back and forth
between theory and simulation for a year. At the very least, you need six weeks to
conclude your present work and write it up. (Each complete simulation and analysis
takes about a month, and you'd like two weeks to write, so six weeks is an absolute
minimum.)
You would be outraged to have to turn your work over to someone else
immediately, just at the point when you have nearly finished getting the whole thing up
and running for the first time. In fact,....ten weeks would be enormously better, so you
could test your work twice. And each month after that means a lot to you, since each
month means another run.
Joe's view iswhy not just leave Navigational Systems? Each of you could get
another job tomorrow. Promotions will come wherever he goes. He loves you. He thinks
you've both been treated like objects. The heck with it. He says, get as much time as you
can. If it's long enough, then good, he'll take the promotion. If the move has to be
"tomorrow," you'll both quit, giving six weeks notice. In fact, if anything makes you
mad, Joe will refuse the promotion; you will finish up in six weeks and you'll both go
anyway, to a company that treats you better. Six weeks would be an ok turn-around time
for him, too, he says.
Joe's points made you feel good. On the other hand you know he'd love this
promotion at age 30 (!) He's loved the work, he's fascinated by research administration,
he likes writing proposals and he is really interested in air traffic control. You want to be
as loyal to him as he is to you. Neither of you wishes to leave Navigational Systems for
any other reason.
But on the other hand, Hardel has been an absolute jerk. Why hadn't Terry talked
with you months ago? Why hadn't Terry called you both in?
But still, there's Joe, who can't wait to take on a bigger challenge. How can you
stand in his way?...
How long will Hardel give you?
Josephine: Please stay in role. Do not agree with any plan you personally would not
agree to.
NAVIGATIONAL SYSTEMS
POLICY ON EMPLOYMENT OF MEMBERS OF THE SAME FAMILY
Inject integrative elements. Acknowledge some of the Other's interests. Name areas of joint gain.
Sit side by side and address together soine representation of The Problem, rather than "confronting
each other" across the table.
Control the pace. Repeat the Other's statements to gain time to think. Restructure deadlines. Keep
reasonable control of airtime when it is your turn.
Ask detailed and specific questions. Start with the Other's earliest points or basic assumptions and
do not get pulled too early into talking about the Other's final points. If you are unconvinced about
something keep asking "Why?" or "Why Not?"
Name the problerns you have with the Other's point of view orf acts, but gently. Say, "I might be
wrong, but...". Demur-or say you may demur: " What you say could be correct, but some people
might raise the following problem..."
Use interruptions to deal with tirades and unprofessional behavior. If the Other makes ascending
demands that assume a drum-beat quality, go back to the first demand and temporarily ignore later
ones. If there is name-calling or rudeness, spill a water glass, or drop your briefcase on the table or
bang the table loudly-once. If things are intolerable, refuse to negotiate until a later time. You can
save face while doing this by adjourning "until we both have the facts (or authorization) we need."
If the Other baldly commits to an unacceptable "position," consider naming the use of commitment
as a source of power. Alternatively, simply ignore the Other's statement as if this "commitment"
had never been made. If you have to finally undo a commitment to an unacceptable position, make
an appeal to new facts or circumstances or a higher authority. Work very hard to save face for both
the Other and for yourself.
Be absolutely straight and truthful about the facts. And-even under great pressure-be fair and
trustworthy and scrupulously respectful yourself.
Make yourself believe in the possibility o f a good solution up until the moment that you finally
break off all contact. Many people have been misled to think it is not possible, in dealing with an
ACN to find a good solution. It is easy thereby to make the mistake of falling into avoidance or
fights, or inefficient solutions.
Be prepared for the possibility that an ACN will suddenly become reasonable, pleasant and
respectful.
-p1-
characterize distributive strategy, and look for them prepare to look for
distributive tactics, look for them while you are negotiating and review each round
of negotiations afterwards with this analysis in mind.
Prepare a good BATNA. It is likely that no other source of power in dealing
with an ACN will mean as much to you as a good fall-back position.
Prepare to negotiate the negotiation: As you prepare, try hard to think out
ahead of time what principles you would like to negotiate first, on the basis of
which you might resolve any outstanding disputes. Even though you will be
negotiating with an ACN, if you wish to give it a try, prepare to try for an
integrative or mixed motive strategy. Prepare to discuss with O before the
negotiation starts the type of negotiation the two of you prefer. Present a plan to
brainstorm options, to appeal to principle, to talk about interests rather than
positions. Prepare to name Os ACN style and to ask O to be more integrative.
Prepare to discuss and appeal to the possibility of a long-term relationship.
Illustrate what the relationship might mean to both of you. Do not give up easily on
introducing integrative elements like enlarging the pie. But as above be
prepared for the possibility that this will not work out easily.
Prepare for when you might refuse to negotiate: It may help to prepare to
try to distinguish ACNs from negotiators who are just insufferably obnoxious.
Remember that people who are truly insufferably obnoxious are almost always
unprepared3. So as always you must yourself first prepare on the facts with
great care. Do the standard analysis of interests, options, sources of power for
each actor. Prepare what you can imagine of Os probable strategy. If you are
very well prepared and detect an O who is obnoxious and unprepared then do
not try to negotiate immediately. Just keep the lines of communication open until O
is ready to deal politely, continually, make it clear that you will be ready when
O is ready. (Once in a while with an O like this, you can in effect do the
preparation for both sides by offering facts and figures on which to base the
negotiation. Moreover you may wish to work hard on this possibility since if it
works it will be your figures and facts that set the stage).
If you think that an ACN may not negotiate in good faith prepare how
you will decide about walking away. If you think you may be personally threatened
or that an ACN may seriously attempt to humiliate you prepare how you will
decide about walking away and how you will actually do it.
-p2-
You can save face while doing this by adjourning until we both have the facts (or
authorization) we need.
Never meet hostility with hostility except in physical self-protection.
Remember that perceived humiliation is the parent of destructive behavior no
one needs an ACN who is seeking revenge.
If Os behavior looks like a long detailed tirade, and you simply must keep
on good terms with O at that moment, you could try saying absolutely nothing.
Take careful notes with an alert, cool, interested demeanor but do not nod or
affirm. Then as soon as you can do so, ask detailed and specific questions
starting if possible with Os earliest points or basic assumptions and do not get
pulled too early into talking about Os final points.
Except when abruptly interrupting a tirade, you can try speaking very quietly
and formally. Sit or stand in a quiet, peaceful, formal way. Some ACNs will not
be able to maintain a shouting demeanor if you are very quiet and serene.
Moreover a generally quiet mode will make any interruptions you do decide to
make all the more telling.
If you yourself need to threaten, use reverse (inverted) threats: We would
not want this discussion to come to the point where I would have to break it off,
but....
If O baldly commits to an unacceptable position, consider naming the use
of commitment as a source of power. Politely explain the nature of the use of
commitment and repeat the substance of the commitment or threat politely
and reflectively, as if of course O might not wish actually to be taken seriously on
this point.
Or, alternatively, you can simply and completely ignore Os unacceptable
position as if this commitment had never been made. If you do this, do not be
pointed or uncivil. Just ignore the commitment.
If you finally do have to undo a commitment to an unacceptable position that
you have made or that O has made, make an appeal to new facts or new laws, or
changing circumstances or a new higher authority who now must be consulted
work very hard in this situation to save face both for O and for yourself.
Be absolutely straight and truthful about the facts tell the truth even if it is
not prudent to tell the whole truth. Be credible. Talk about fairness and respect and
explicitly keep open the possibility of a long-term relationship. (Dont say trust
me...) And even under great pressure be fair and trustworthy and
scrupulously respectful yourself and worthy of a long-term relationship.
-p4-
-p5-
This is zero-sum bargaining and you should get as much of the $2 as you can,
with any story you like.
However, you are a well-known public figure, with a reputation for fairness,
decency and graciousness. Your reputation is extremely important to you and you
should bear in mind that your colleague is likely to make public anything you say (and
how you say it). So--do as well as you can, use any arguments or story you wish, but
keep your reputation!
SAFEKEEPING CORPORATION
This is zero-sum bargaining and you are to get as much of the $2.00 as you
possibly can. Please try really hard.
Here is your special instruction: pick an expectation of what you will try to get
and stick to it if you can, but say as little as possible. If you can, try to get away with
saying essentially nothing at all, except for the amount you want. You may listen
courteously as much as you want but try as hard as you reasonably can not to talk. If
you absolutely have to, make up a story to bolster your claim, but try to (if you can) not
to talk at all except for stating an amount of money.
STRATEGO AERO I
(The Basic Case)
Chris Harding, now 58, has been considered the best plant manager anywhere in the
Stratego Aero Corporation. A genius at keeping production running on schedule, Chris
has turned in an impressive performance, year after year, in Minnesota, in Missouri and
in New Hampshire. Top management at Stratego Aero Corporation has hoped Chris
would stay until age 65, and has decided to use Chris to train the plant managers of the
next few years. With defense funding now super-competitive, Chris is a highly valued
manager. Some months ago Harding was sent southwest to a new plant.
Sandy King is the up and coming assistant plant manager at this new plant in the
southwest. Stratego Aero has been particularly pleased with Sandy, an African American
who speaks excellent Spanish and who gets along well with a wide variety of Caucasians
and people of color. Top management is happy to have a person of color in a position to
grow swiftly into the top job, at a plant where well over half the incoming employees are
minorities. Even more to the point, Sandy's technical skills are superb. Stratego's
management is particularly hoping that Sandy will be a successful apprentice to Chris
and take over the plant in a year or so. But all is not well.
Back at Corporate a call came in for Dana Idris, the division head. Dana was surprised to
hear a very angry Sandy King upset at Chris Harding and talking of leaving. "I do not
need this job," said Sandy. "But I wouldn't quit without giving you fair warning."
The problems, King reports, mainly concern Harding's manners and style. Harding was
very unsupportive about observing the Martin Luther King Day holiday this last January.
Sandy did not like Harding's disdain and was particularly hurt when Chris made a crack
about how Sandy King probably just wanted a "King holiday." Chris is in fact often
patronizing, and occasionally tells contemptuous stories about Latin Americans
(especially Mexicans) and offensive jokes about Africans that relate to sexuality and
AIDS, and worse. Chris also reacts publicly to current news in ways that offend people.
For example there was a news item about a soft drinks company, where senior managers
were taped making offensive remarks about African Americans and South-east Asians.
As Sandy King heard the story, Chris Harding had been heard to say that the matter was
"totally overblown," and the soft drinks company was "forced to knuckle under just
because of undue pressure."
Chris also does not appear to wish to delegate responsibility, says Sandy, and even poohpoohs Sandy's superior technical expertise. Harding interrupts King in public meetings
and fails to invite King to dinners with visitors from Corporate.
King reports many weeks of attempting to stay calm, be reasonable, and learn everything
possible from this remarkably experienced superior. But Sandy hates the feeling of either
being invisible or being treated as a not-too-able Equal Employment Opportunity
statistic. Until recently Sandy thought things might improve when the two senior plant
managers got to know each other better. Sandy speculated that Chris had never had a
black colleague and was just uneasy.
But yesterday Chris had blown it in public. Several Latino employees had come to the
plant office concerned that equipment manufactured by Stratego was being sold to
enclaves of extremists in Latin America, and perhaps in Africa and the Mid-East, via a
European intermediary. Chris, in dealing with the question, ignored the central issue,
according to Sandy.
Chris instead had focused on Stratego's economic importance to their own local city area
in the US Southwest. Chris managed to imply that these minority employees would
never have been able to find employment without Stratego's help. What was worse,
Harding had sounded off on the subject of how Latin Americans were not really able to
run their own countries. The Stratego employees were very angry. And Sandy has had
it: Chris goes or Sandy goes.
Idris placed a call to Chris Harding. Chris saw it all quite differently. Sandy has
potential, is learning the ropes as fast as might be expected, maybe seems a bit too
sensitive on racial issues. For example, yesterday King missed an opportunity to show
real leadership. "It's the kind of incident that makes one wonder how fast responsibility
can be delegated to King," said Chris. Clearly it was a good chance for Sandy to have
picked up the ball and shown some company loyalty, especially since it's obviously
absurd that equipment like theirs would be sent illegally to other countries. And
especially since the "trouble-making" employees were "King's own people or at least
close to those people." If Dana is planning to call Sandy back, perhaps Dana could put
in a word for company loyalty and showing leadership" says Chris.
What should Idris do? Stratego really needs both of these people in today's competitive
environment. Sandy is a findtechnically outstanding, learning very fast. But Chris'
long-term experience and superb past performance also cannot be duplicated.
STRATEGO AERO-I
Secret Instructions
You have decided to meet together with Sandy to talk about the possibility of
Sandy's dealing directly with Chris.
1) Please make a written list of all the reasons why you think this is a good step
for Sandy to take. Please first make your own listas long a one as you canthen work
together with any other Dana to see if you can add any other ideas.
2) Prepare for any concerns Sandy may have. You really want this to work.
What are Sandy's interests? Sandys rights? Sandys sources of power?
You may make up any small facts you need to build a realistic case.
Please, throughout, think about how you would evaluate this Sandy as an
employee?
The purpose of this exercise is for you to do your best to get Sandy to try the
direct approach. You may walk Sandy through it, try convincing by logic, order Sandy to
deal with Chris or try any other, realistic approach you think will work.
Please try to get into the role and be a realistic Dana.
Instructors Notes
Stratego Aero II-The Direct Approach
There is of course no one "right way" to handle apparently "small" injustices such as
those described in the Stratego case. But the Direct Approach is appropriate in many
cultures, though by no means in all. I chose students for their parts as follows. I would
ask for a show of hands for all those students who believe that in general people should
try to handle their complaints of this kind directly. I would then (counter-intuitively)
assign all these to the role of Sandy. Those that said that they think that supervisors
should deal with problems like this are assigned then to the prescribed secret role for
Dana-away from their natural predilections. The purpose is to illuminate to all that there
is no one right way to act in such cases. Options must be explored. I would of course get
the students assigned to each role to prepare together in class. This role play will of
course also tie back directly to the PIE Little Paper exercise.
Dana has asked you to meet together with Chris, and to deal directly with Chris,
on the problems you raised about Chris' behavior.
1) Please make a written list of all the reasons why you think your meeting alone
with Chris is not the right step, or might be a bad move for you and for the company.
Please first make your own list. Be as comprehensive as you can. Then work together
with any other Sandy to see if you both come up with further ideas.
2) Prepare for any arguments Dana may raise about why you should try dealing
directly with Chris. What are Dana's interests? Danas sources of power?
You may make up any small facts you need to build a realistic case.
Please, throughout, think about how you would evaluate this Dana as a
supervisor?
For the purposes of this exercise, please be difficult to persuade. Please raise to
Dana all the problems you've considered. This said, if in real life, you would finally be
convinced by this Dana, then lay a plan with Dana about how to approach Chris. If in
real life you would be offended by the approach of this Dana, or if you are really not
convinced, then hold out, and refuse on whatever grounds you choose.
Please try to get into the role and be a realistic Sandy.
Dana Idris talked with a number of people in corporate headquarters and again
with Sandy King and Chris Harding. As a result Dana took off for the new plant in the
southwest to talk with Sandy and Chris together.
As you prepare for the mediation to come, please think about several questions:
Will Dana be a "neutral" mediator? Do the readings on mediation and
caucusing apply to managers as they act as third parties?
What are the power dynamics here? What kinds of power, if any, does each
person have? How should your character use his or her own power and how will
your character estimate and react to the power of others?
What kind of bargaining situation is this? What would your character like it to
be?
How should your character use the analytic tool set forth in Christopher
Moore's chart on Conflicts and Possible Interventions?
You should prepare your character for the mediation, using the readings, the
Moore chart, and all your negotiation skills. You will have 30-40 minutes for this
mediation. Please be prepared at the end to present briefly what happened at your
mediation. In this case you should go where your character leads in any realistic
direction (short of violence!). You may, if you like, prepare together with any other
student who has the same character; as always, please do not share your private
instructions with anyone else.
Chris:
(Stay in role; be your character; use all the facts you have
for the case; invent any other reasonable facts you need; go
wherever your character takes you. Do not settle unless you
really would settle if you were Chris.)
STRATEGO AERO
Instructor's Notes
Stratego Aero is intended to illuminate a number of different points in negotiation.
Basic issues that you may wish to explore with your students, include these questions:
-In workplace disputes, which actor is generally held most responsible by the employer?
(Students often underestimate the fact that the company may just blame Dana if things go
wrong.)
-Should interpersonal disputes in the workplace be settled on the basis of the interests of
the parties, or their rights, or their relative power? Should the solution be an integrative
solution or distributive? If your answer differs depending on the subject matter, or on a
case by case basis, explain briefly why you come to different answers in different
situations.
-Who should be allowed to decide how a given dispute or complaint should be handled?
Should the complainant be able to choose how the issue will be handled? Would your
decision on this matter change after a first option has tried and is perceived to fail?
-How do your answers above affect the optimal design of the dispute resolution system
for this company? For example, do you believe that a complainant should be required to
deal first with the apparent offender in all cases, before moving on to a later step in a
complaint process? In fact, should a complaint procedure have any required, sequential
steps? If not, why not?
-Do you believe that people of different races (genders, nationalities, cultures, religions,
etc.) generally negotiate differently than each other? Are they treated differently, on the
average? Do they perceive things differently on the average? Should this be a matter
taken into account by negotiators and if so, how? One can get to these questions
easily by noting how the students deal with assigning gender (and race) to Sandy, Dana
and Chris.
-How would you define "success" at dealing with this case? If you are Sandy? Dana?
Chris? the CEO of the company? Another employee at the company?
-People differ widely in how they see these cases.
************************************************************************
The case may be assigned as homework before it is to be discussed. Encourage or
assign students to talk about the case together, before class, and ask them, if possible,
also to discuss the case with a person of different gender/ethnic background.
In the class: divide your students into groups of three to eight and, if possible, provide
them each with a blackboard or flip chart. Ask them to discuss and write their answers to
these questions in the basic case: Whose interests are at stake? What are those interests?
What are the options open to each actor? (The class should assume Chris knows the
material of the case.) (Note there will also be a Secret Instruction.)
************************************************************************
The use of the Secret Instructionsbefore the small group work is finished.
Your small group of three to eight will probably need to talk for 30+ minutes. When you
sense they are nearly done with the flip chart tasks, go privately to each little group.
Quietly (ssh-h) hand each student the Secret Instruction. Get one in each group to give
you (secretly) the range of estimates and the group average. The students will not know
you have given everyone (in each group) the same Secret Instruction.
At the end of the class announce the group averages, preferably on the board. There will
likely be differences among all Sandy groups, all Danas, all Chris. And there will
certainly be wide differences intra-group.
Illuminate the point that peoples views of such cases differ very widely. If an employer
wants a common view of such cases, there must be a lot of training.
************************************************************************
In the ensuing discussion, with the class back together, discuss the importance of
options for each actor beginning with the options for Sandy. Especially with respect
to Sandy it is important to examine a wide range of options open to this person.
Depending on the policies of the employer, the options for Sandy are likely to be both
constructive and unconstructive for the employer, for example:
Do nothing more, that is, just "hunker down," if Dana essentially does nothing, and try to
outlast Chris.
Ask for a transfer.
Find a confidential complaint-handler like an ombudsperson, to talk over and develop
options, and maybe to role-play several options.
Try for at least several months to get to know Chris better, without mentioning any of the
personal issues. Check around the company or around the town see if Chris has any
close colleagues who might give useful advice.
Deal alone, directly with Chris, about some or all of the issues in person or by writing
a note.
Talk directly with Chris, possibly bringing along another employee or colleague.
Get Dana, or a mentor within the company, or an ombudsperson, or someone else to act
as a shuttle diplomat.
Ask for formal mediation (some companies and some ombuds offices offer this option).
Go to the company EEO office, and see what options they offer.
Bring a formal written complaint, in whatever fashion the company permits, alone or
together with other employees.
Ask for a generic option, like a company training program on diversity, or posters on
subtle discrimination.
Encourage other employees to act to send anonymous complaints to the CEO, call
employee meetings at lunchtime, put up posters, etc.
Lose commitment to the company, and even act out in some fashion: go slow, work to
rule, engage in petty sabotage, gossip, etc.
Quit. Go to a competitor. Take valuable ideas and employees to a competitor.
Bring an agency complaint. Sue.
Go public Appeal to a local newspaper, a local congressperson, etc. Go on a local
radio program. Testify to Congress. Write a thinly-veiled short story for the New Yorker.
************************************************************************
Together with the class discuss the issue of choosing an option based on interests,
rights, or power or on some mix of these. Label each of the options open to each actor
as to whether they are basically interest-based, or rights-based, or power-based. First
pursue this exercise for each of the major actors and then examine the probable effects of
various negotiation options on each of the other actors.
Finally, ask each student to tell (or write a paragraph) about how they would think the
case ideally should be settled, if they were Sandy? or Chris? or Dana? or the CEO?
Which options above are most cost effective? How would a company get this to happen?
************************************************************************
STRATEGO AERO IV
Adjudication
Dana Idris went to talk with corporate AA/EO and the general counsel, and with
several long-term colleagues in senior management. Their universal advice was that the
situation described by Sandy King was intolerable. Dana summarized the conversations
in a few quick notes:
Stratego's commitment to equal opportunity requires
immediate, effective management action. If Sandy King
has outlined the situation accurately, it must end
immediately.
It's important to the company to have no negative publicity
about race, especially right now.
Dana will be held personally to account if things don't go well.
What will you do first? Please plan your strategy and tactics, as Dana. What are
the interests of each of the actors? How will Chris and Sandy each feel about your
proposed next actions?
In planning your strategy you may use anything you have learned about these people and
this company during the mediation. But you should not assume that any mediation has
take place. This adjudication of the matter assumes that Dana just received Sandy's
complaint, went to seek advice, and has now decided to handle things directly as an
"arbitrator."
This is zero-sum bargaining and you should get as much of the $2 as you can,
with any story you like.
However, your colleague is quite likely to be wearing a hidden tape recorder, and
may be a journalist. Your colleague may be working for a newspaper or may be working
for "60 Minutes." (Please be very careful that you would feel comfortable seeing your
story in the Washington Post or on television.)
TELEMACHUS TECHNOLOGY
A NEGOTIATION EXERCISE
George P. Maxe and Ellen J. Waxman
Sloan School of Management, MIT
December 1994
interests you. Is it really worth giving up one of your weekly discussion group meetings
where at least you could be among friends?
You don't know much about Boston First except that they do a lot of business in
European markets. So far, all your experience has been with Western financial
institutions whose international business is concentrated more in Asian markets. How
are you going to learn more about this company and the different factors and
regulations that might apply to doing business in Europe? You have been doing a fine
job here since you came and everyone at home is proud of your success. Is it fair to
throw you in to make a presentation on a subject where you are ill-informed? Will it
derail your career?
Also, just exactly what is your role going to be in this presentation? Jack's memo
mentions just the technical issues, but Meese's makes it sound like you're giving the
whole thing. How in the world do you find out what you are supposed to be doing before
Friday? It would be so nice right now to have an African-American woman as a mentor!
You certainly can't call up Meese and ask him what's going on, and Jack's out of town.
Just what is your mentor supposed to be doing for you anyway?
Finally, that part in the memo about your hair is just the last straw. You've been
wearing your hair this way since high school and it is an important statement about your
identity. Besides, you think it looks pretty damn professional. You knew some people
would have a hard time with it, so you made a point of not changing to a more
conservative Caucasian style while you were interviewing for jobs like some people you
knew. You wore your hair exactly as you intended to wear it on the job. You recognized
that it meant that some people wouldn't be receptive to you and you're pretty sure you
missed out on some job opportunities because of it, but you wanted to work somewhere
that would accept you for who you are. Some of your friends told you that it was
unrealistic to think you'd ever be accepted. Maybe they were right?
What is this line about Boston being a stuffy place? If that bank can't accept
African-Americans as professionals, regardless of their hairstyles, why should
Telemachus be doing business with them? Maybe it is impossible to keep your identity
and succeed in the banking world.
Anyway, even if you were going to follow Meese's orders and change your
hairstyle, it's not that easy. Does he think you can just stand in front of the mirror,
unbraid your hair and comb it out? You certainly don't want to do it by yourself and it will
take hours.
Obviously, you have a lot on your mind as Friday morning approaches.
YOUR ROLE IS TO ATTEND FRIDAY'S PREPARATION SESSION. PLEASE
STAY IN CHARACTER THROUGHOUT THE MEETING.
TELEMACHUS TECHNOLOGY
A DIVERSITY EXERCISE FOR MENTORS, MANAGERS AND MENTEES
George P. Maxe and Ellen J. Waxman
Sloan School of Management, MIT
December 1994
FACILITATOR'S INSTRUCTIONS
General Instructions
Secret Instructions for Bill Meese - The Mentor
Secret Instructions for Jack Youngblood - The Mentee's Manager
Secret Instructions for Shataya Davis - The Mentee
Facilitator's Instructions
STEPS
There are many ways that you can administer this exercise. Assuming the
participants have time to prepare beforehand, we suggest these steps:
1) Divide the participants into three groups of equal size.
2) Hand out the General Instructions to all participants.
3) Hand out one set of Secret Instructions to each participant in each group. For
example, designate one group as the mentors and give each participant the Secret
Instructions for Bill Meese -- The Mentor.
4) Ask participants to prepare for their role.
5) Create triads by taking one participant from each group.
6) Give each triad approximately thirty minutes to complete the exercise.
7) Reconvene all of the participants for a debriefing of the exercise.
8) Refer to the issues listed below as needed.
ISSUES
This exercise likely will surface a number of issues in diversity, negotiation and
formalized mentorship programs. Thus, your debriefing could move in any number of
directions. In general, we suggest that you allow participants to describe their feelings
and thoughts as they played a role. Refer to this list of issues to guide your discussion
in a particular direction, or to go more in-depth in a given area. Lastly, tread carefully some of the issues may strike a very emotional chord for some participants. In each of
the following sections, you will find the issues that we think the exercise highlights.
Diversity
1) Individual identity is central to the topic of diversity.
2) The reason(s) a company embraces diversity programs impact their
effectiveness.
3) Diversity affects everyone's role in an organization.
4) The greater the diversity, the greater the chance for misunderstanding.
5) Miscommunication is often the origin of misunderstandings.
Negotiation
1) Preparation is crucial.
2) A negotiating party's issues and interests are not always known beforehand.
3) Various sources of power, such as legitimate authority and commitment, are
available to each actor.
4) Integrative solutions require the sharing of information that may take some
time and a reasonable level of trust for the parties to feel comfortable revealing.
5) No party has complete information, but the one with the most complete
information will often be at the greatest advantage.
Formalized Mentorship Programs
1) The "matching process," if any, of mentors and mentees is important to the
success of the relationship.
2) All participants need training to understand their roles.
3) Mentors and mentees should commit to an agreed upon understanding of the
relationship.
4) Mentors need to be careful how they involve themselves in the relationship
between the mentee and her/his immediate supervisor.
5) Ideally, mentees should drive the skills development process, not the mentor.
SUPPLEMENTARY READING
If you are in search of any additional information on diversity, negotiation and/or
formalized mentorship programs, we recommend the following reading materials:
Kram, Kathy, Mentoring at Work: Developmental Relationships in
Organizational Life, University Press of America, Lanham, Maryland, 1988.
Lewicki, Roy J., and Litterer, Joseph A., Negotiation, Irwin,
Homewood, Illinois, 1994.
Nelson, Jill, Volunteer Slavery, My Authentic Negro Experience,
Penguin Books, N.Y., N.Y., 1994.
Thomas, David A., "Racial Dynamics in Cross-race Developmental
Relationships," Administrative Science Quarterly, 1993, 38, pp. 169-194.
TELEMACHUS TECHNOLOGY
A NEGOTIATION EXERCISE
George P. Maxe and Ellen J. Waxman
Sloan School of Management, MIT
December 1994
know exactly what you're supposed to do. It's not as if you have time to do a lot of handholding these days.
Then you received Jack's E-mail dated Wednesday, March 7th informing you that
he was going to include Davis on the presentation team in Boston on March 21st. That
memo gave you the idea of scheduling a dress rehearsal so that you could act like a
mentor. As soon as you thought of the idea (on March 14th), you shot a quick message
to Jack that simply told him the time, the place and the purpose. Then you sent
Shataya the following E-mail:
Got Jacks message that you are going to take a lead
role in the March 21st presentation to Boston
First . This is a significant opportunity and I want
to make sure you are fully prepped. I told Jack
Ive blocked out Fri. morning (the 16th) from 9-11
in the conference room next to my office for a
rehearsal. Boston First is no Citibank, but theyre
moving up on the outside and Id love to get them in
our stable. Boston is one stuffy market - plan to
wear your most Brooks Brothersish suit and no braids
that day! Looking forward to getting you ready!
You're happy to give Shataya pointers on her performance. That is something
tangible that you know how to do. Besides, you really want to help her to do a good job.
You were the one who pushed to let her have a role. You just hope she's got her act
together so you can finish by 11 a.m. You've got lots of things to do on Friday.
Maybe, you're old-fashioned, but one thing is clear if she wants to get anywhere.
She's got to do something about that hair. It makes you a little uneasy because that's
not something you should have to tell her. It might be okay for San Francisco, but
clients on the East Coast, and especially Boston, just aren't going to take her seriously.
And what impression does it convey about Telemachus?
Well, she seems serious enough so that shouldn't be a problem. Hopefully, she
will be fully prepared to discuss the business of Telemachus, who does what, the kinds
of projects we get involved in, some figures as to sales volumes and our understanding
of the business interests of Boston First Financial Investment. You prepare to support
her the same way you prepare to give your own presentations: you print out two copies
of your usual nine point checklist of the agenda (with notes tailored for this account) and
items that should be addressed. (See Attachment.) Now, you are all set to go into
Friday's meeting.
YOUR ROLE IS TO PARTICIPATE IN FRIDAY'S PREPARATION SESSION.
PLEASE STAY IN CHARACTER THROUGHOUT THE MEETING.
PRESENTATION CHECKLIST FOR BOSTON FIRST (MEESE COPY)
1. Introduction:
Brief history of Telemachus
(Pull up computer file that details company history, structure,
background on key people, philosophy, sales volume,
representative client list, etc.)
2. Description of Agenda and Process
Identify topics to be addressed; invite client to add to or
delete from agenda; State that Q&A is welcome throughout
or at end, depending on their preference; Leave time to
brainstorm next steps and action items
3. Presentation Materials
Have slides in order ahead of time on company format
(Pull up file with standard format for slides)
4. Demeanor
Pleasant, confident, knowledgeable, professional, inquisitive,
lots of listening, responsive to questions
5. Familiarity with this Account
(Use the data that Jim O'Brien put together on the bank).
6. Industry Data
(Get Jim to send over those recent articles on current issues
in banking, international and European regulations; laws about
information exchange; ISO 9000- the European quality standard
that the bank is trying to follow throughout its business,
which includes IT)
7. Current Hardware and software specifications for the bank's
network (that info is all in Jim's memo).
8. Requirements for the bank's new information system, incl.
documentation, new hardware, integration to new
software, and user requirements (again, Jim's memo
covers all this)
9. Training for Bank Employees on New System
Pull up current memo on that.
TELEMACHUS TECHNOLOGY
A NEGOTIATION EXERCISE
George P. Maxe and Ellen J. Waxman1
Sloan School of Management, MIT
December 1994
GENERAL INSTRUCTIONS
Telemachus Technology, Inc. specializes in customizing information technology
(IT) systems for large financial institutions. Telemachus analyzes a company's IT
requirements and recommends appropriate hardware and software. The company
usually arranges for the purchase and installation of the new equipment and then trains
company personnel in its use. Currently, many Telemachus clients are moving from a
mainframe, or "dummy terminal," environment to networked, client-server systems. One
service that many clients find invaluable is Telemachus' regular review of IT systems to
incorporate technological advances to meet expanding business needs.
Since its inception in 1988, Telemachus has experienced swift expansion, with a
500% annual growth rate over that period. The company began in San Francisco and
subsequently opened offices in Cambridge and Austin. As a result of this rapid growth,
the company's management has expanded to four levels: President, Vice Presidents,
Directors and Managers. Today, the firm employs a professional staff of approximately
250, with support and administrative staff of approximately the same numbers.
Two years ago, Telemachus began a concerted effort to diversify its staff. The
company's professional staff is disproportionately white, with some Asian males, and
there are few women or minorities (and no African-Americans) represented in the
managerial ranks. An increasing number of Telemachus' largest clients are adopting
specific affirmative action goals for suppliers and now require Telemachus to file annual
reports detailing the number of women and minorities on their staffs. Women and
minorities on client staffs request with increasing frequency that women or minority
consultants be assigned to their accounts. Moreover, as a company that sells "state-ofthe-art" business practices, Telemachus plans to promote multicultural teams to clients,
rather than settling for a company image of merely being reactive to client requests.
Telemachus has implemented its recruitment goals by actively seeking qualified
women and minorities in its college and university recruiting program. However, the
company never formally addressed the question of specific programs to facilitate
promotions of women and minority groups. Instead, training was informally provided by
individual departments, as it had been since the company's inception.
1 The authors gratefully acknowledge the assistance of Mary Rowe and Robert McKersie.
hired directly after his graduation. Just six months ago, Youngblood was promoted to
the manager's position from a senior consultant position in another department. Upon
his promotion, he began to work more closely with Bill Meese. This manager's position
is considered a "plum" assignment because Meese is Joe Banks' "right hand" man.
Meese is a white male in his early 50's who was recruited into the company at its
inception. He gained most of his experience as an executive in a large New York
financial institution. Meese attended Phillips Exeter Academy and then went on to earn
an undergraduate degree in Economics from Princeton and an M.B.A. from Wharton.
He is thought of as one of the top rainmakers at Telemachus, primarily due to his longstanding contacts within many leading financial institutions.
Telemachus had not developed its mentorship program at the time of Shataya
Davis's hire. Three months ago at the program's inception, Tricia Solomon notified her
of the implementation of a mentorship program and the assignment of Bill Meese as her
mentor. Davis had met Meese briefly when she interviewed for the job, and had been at
several meetings and social events where they spoke, but still does not know him well.
Since she started at Telemachus, Davis's work has been in the implementation of
networked, client-server systems for West Coast clients. She feels that Youngblood has
supplied excellent training in implementing new information technology systems. Davis
has interacted with clients during the installation of new systems (particularly in working
out glitches), but has not served as the principal client contact on any project. She has
noticed that her two male counterparts, both of whom started when she did, have been
asked to participate in several client presentations and meetings, while she has not.
CONTACTS UNDER THE MENTORSHIP PROGRAM
When Davis and Meese were advised of their mentorship assignment, they also
received copies of the Telemachus Mentorship Program Manual. The manual instructed
them to meet and prepare a skills development plan. Meese's secretary called Davis,
the day they received the information, to schedule a meeting for them to develop this
plan. They met a week later in the conference room next door to Meese's office.
Following the manual guidelines, they completed a skills development plan which they
both agreed to implement over the next twelve months.
At the outset of the meeting, Meese informed her that he had "looked her up".
He had reviewed her resume and talked to the Chair of the Hiring Committee about her
references. He complimented her on their favorable comments. During the meeting, he
talked about his philosophy on success. "One should be, first and foremost, from day
one, a marketer." He told Davis that she needed to be prepared to seek client contact
and to sell her services and expertise. He was generally impressed with her technical
experience to date, but said that the company needed to provide her, and she needed
to gain, experience in marketing the company's services, closing sales and interacting
with clients as the firm's direct contact. He told her that he would begin by instructing
Youngblood to be on the lookout for opportunities for her to participate on teams making
business proposals to clients. He also suggested she might look into joining
TELEMACHUS TECHNOLOGY
A NEGOTIATION EXERCISE
George P. Maxe and Ellen J. Waxman
Sloan School of Management, MIT
December 1994
in a long time. You were incredibly impressed by the head of the Bank of America
London office, a black woman. She was so well-informed. Also, she was absolutely
elegant - she sure looked a lot like Shataya distinctive dress, distinctive hair.
Speaking of Shataya, you hope she will be up to making this presentation next
week. Sometimes she's so reserved in the office, you worry how she'll come across.
Hopefully, she's been spending most of her time this week getting prepared. You hope
she has Jim O'Brien's memo on the bank's present system, their requirements and
current regulations. That memo has all the information she really needs for her
presentation. You are concerned about letting her make this presentation to a
significant client, but since you will be there and she is really just handling some of the
technical issues you think it will be okay. (Of course, if you don't get the client, Joe
Banks will be looking to you to know what went wrong, not to Shataya.)
You don't know what to think of the E-mail you received from Meese on
Wednesday the 14th. He simply announced he had set up a dress rehearsal for
Shataya's portion of the presentation today (Friday) from 9 to 11 in the conference room
next to his office, and that you should plan to participate. You think a practice run for
Shataya is a good idea, but isn't it just typical of Meese to set it up and order you to be
there? It's just like the time when he ordered you to make sure Shataya got more
involved in client interactions before she even had a chance to tell you what they
discussed.
It's not that it's a bad idea. Actually, you know it's easier to give her technical
work because you know just what she'll do, but you're the manager. Who's running this
department anyway? Doesn't Meese trust you? It's funny. Before he got into the
mentorship thing three months ago, you thought Meese liked you and thought well of
your work. You never knew him as well as the Vice President of your previous
department, but you never thought anything was amiss. Your immediate superior keeps
telling you how pleased he is by the way you've come in and managed the department.
Now, however, you're beginning to wonder. What will this mean in terms of promotions
down the line? Everyone thinks the world of Meese. You'll never get anywhere without
his support.
These are your thoughts as you get ready to enter Friday's meeting with Meese
and Davis.
YOUR ROLE IS TO ATTEND FRIDAY'S PREPARATION SESSION. PLEASE
STAY IN CHARACTER THROUGHOUT THE MEETING.
With Manager(s)
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Please use this score sheet to record your answers, rather than writing in the booklet itself, so that you can use the instrument in three different
situations once dealing with peers, once with managers, and once with a significant other or best friend. Then calculate your profile three
separate times using page 6 of the booklet, once for each situation.
This is zero-sum bargaining. You should get as much of the $2.00 as you can;
make up any story you like; be as effective as you can.
A warning:
previous $2 bargaining simulations. Be polite, but please be very much on your guard.
Consider carefully anything you are told and be wary. Consider whether you can
believe anything your colleague says.
employee, to show that he or she knows the contents and so that the employee may
write a response if he or she wishes to do so.
Kaoru read the form again and then agreed to meet with Kazumi Montana the
following day.
Instructors Notes
Yearly Review
KAZUMI MONTANA
Gentle Care Yearly Review
(Secret Instructions)
Kazumi: You may make up any details you need that are consistent with
the facts you are given. Be alert to the possibility that Kaoru Suzuki may not be
very observant about you or about what you do. You may pursue any realistic
plan with Kaoru.
KAORU SUZUKI
Gentle Care Yearly Review
(Secret Instructions)
Your first feeling about the Yearly Review of Kazumi Montana is exasperation. You
feel guilty that Kazumi obviously did not have a "six-monthly discussion" with you or Dr.
Testtube. You are annoyed that probably no one will ever notice whether you yourself ever get a
helpful performance evaluation despite the fact that you are now de facto in charge of many
administrative operations. And you have very mixed feelings about Kazumi anyway.
You have been completely swallowed up in the difficult problems of coordinating the
Lab Section. Part of the headache is that the new sources of business for Gentle Care are quite
controversial. Drug testing is considered loathsome by some, desperately necessary by others.
The mechanics of drug testing (taking urine samples, for example) produce ludicrous problems,
incredibly unprofessional discussions by technicians on the job, and the worst chain of evidence
and quality-control difficulties any supervisor ever faced. The virus testing, which is also a
potentially huge source of business for Gentle Care, scares everyone who comes near it, except
for the gung-ho scientist-types who are delighted. (These cheerful souls occasionally add to the
tension of others by making mad-scientist jokes.) Virus testing is also controversial because
many people rightly suspect that Gentle Care labs are being used by insurance companies to
screen out bad risks. You know this is true and know that Gentle Care clients count on the
Clinic to keep their names out of the papers. All this weighs on you, on top of all the logistics
problems of upgrading lab facilities, new record systems, etc. You feel desperately in need of
strong office support. In fact this is particularly true because you know that the wave of the
future is genetic testing, which has its own wonderful aspects and politically terrible,
controversial side. You really need to spend even more time out of the office than before, and
you wish Kazumi did not need supervision to get the work done.
You quickly make some notes. When you came a year ago, you were upset about
Kazumi's smoking in the office, (bad image in the Clinic). Your spouse is upset because Kazumi
sometimes calls in the evening. Your spouse describes Kazumi as coming across like an Army
general,.... ("This is Kazumi Montana. May I speak to Kaoru Suzuki please!").... Actually you
feel uncomfortable about this. How is Kazumi on the phone with other people? Can you quote
your spouse? Sometimes when you drop in at the office, Montana is not there. And, a very
painful point, your work always seems to be done very slowly, compared to Testtube's. You
often get the feeling Kazumi does not really want to work for you; that Kazumi is jealous of your
position and angry that you have it. Kazumi, in fact, sometimes seems to help out other people
who are not even in your Section, before getting your work done.
You return to your notes. Kazumi's technical skills are excellent. In fact, whenever
Montana is actually working, Montana appears to you to be an extraordinarily fast and efficient
secretary. Kazumi also appears to write well, and to be interested in the nuts and bolts of office
management. The problem clearly isn't a matter of skill or experience. The more you think
about it, the more exasperating it seems.
Kaoru: You may make up any details you need that are consistent with your
instructions. You may pursue any realistic plan with Kazumi. But think carefully;
do you know enough about Kazumi and Kazumi's work?
I do recommend three parts to a note or letter. The first is an objective statement of "the facts as I
perceive them." No feelings, judgments or opinions belong in this section. (This section may be hard to
write even after many drafts. If you plan to send the letter consider asking some trustworthy person to
help you get the first section down to just facts. One test for a "fact" is whether it could have been
recorded on audio tape or video tape). In serious cases it will help for this section to be quite long and
very detailed. It must be scrupulously accurate, to be effective (and fair). The first section should not
use euphemisms. It should be very matter of fact. If you are not sure whether a statement is factual, and
want to include it, then say "I believe (this happened); I think (this was the case)."
The second section is for opinions and feelings. "This is how the facts as I know them make me feel."
This is the appropriate place for a statement of damages if any, "I feel I can no longer work with you;" "I
was not able to work effectively for the following two weeks...."; "I felt terrible about what you did......".
Finally you should state clearly what you think should happen next, and, if appropriate, you can ask for a
specific remedy. "I ask that our relationship be on a purely professional basis from now on." "I want a
chance to go over my work with you again and to reconsider my evaluation (grade)." "Since I was
unable to go on this sales trip because of your behavior, I want immediate assignment to the next trip."
Sometimes you might wish to request a sum of money, if that is an appropriate remedy.
Many people ask if a letter really should be the first or the only attempt to deal with offensive behavior,
and of course the answer is that this depends on the people and the problem, and it depends what you
want out of the situation. Criminal acts may better be brought to the attention of supervisors and/or the
courts. Those routes might also be the best if you believe that the offender should pay for what he or
she did. At the other end of the spectrum you might wish to write a letter, and then not send it. (You
could also consider forgetting the incident in the spirit of tolerance of diversity.) Also, many people
prefer to try talking with an offender before sending a letter, and there are many ways to do this
effectively. Or you can talk with the offender after giving the letter to him or her.
A letter may be an especially effective choice when verbal remonstrance has been ignored. It can be
especially useful with sexual harassment, with offenders who believe that "no" means "maybe" or "yes".
A letter may work well in situations where an offender seems to have no idea of the pain being caused,
that is, for people who "just don't get it". Writing a letter may be particularly helpful when an offended
person fears to come forward because she or he lacks conclusive proof of the offense, or where the
offended person wishes to avoid the situation of "his word against mine." Letters are useful beyond the
hope of stopping offensive behavior; they provide more evidence for management or a court to take
action if necessary, in part because they provide evidence of the unwelcomeness of the behavior that
offended you. Letters are especially effective in dealing with very powerful people where a junior person
otherwise has little leverage or fears retaliation. Writing a letter may provide hope of ending harassment
when you wish to avoid public exposure, and to protect your privacy, if, for example, all you want is for
the harassment to stop.
Letters are especially useful where a school or corporation has well-drafted policies against (all forms of)
harassment. They work best where there are responsible grievance counselors to help in sorting out
alternatives and in drafting letters. They may however be written anywhere by any responsible person
seeking in an orderly way to stop offensive behavior. A letter may be a good choice when you
particularly wish to be scrupulously fair, (because no supervisor need see the letter). And letters often
work well in union situations, for example, worker with co-worker.
Once the letter is written, your actually sending the letter to an offender should be carefully weighed
against other alternatives. As you think about this remember that once the letter is sent, that copy
belongs to the recipient, who then has control over it. The recipient may tell other people, and may write
you back to set the record straight. Should you instead send a formal complaint letter to a supervisor?
Should you now go talk with a trusted colleague or personal or legal counsellor? Or with a women's
group or a spouse? Sending a letter is an option that is likely to protect your privacy, to avoid retaliation,
to get the harassment stopped, and to provide you with more evidence if needed. But it is not certain to
work and you will want to consider other options carefully.
If you want your letter to be a private communication, I usually do not recommend sending copies to
other people, since they may decide to act on the matter. If you have decided to bring a formal
complaint, then revise your letter as a grievance, and address it to the department head or higher
supervisor of the offender (or to another appropriate person). Either way, be sure to keep the letter and
proof that you sent it, (the statement of a friend who watched you deliver it, a registration receipt, or
whatever made sense for this letter). These proofs may be needed for evidence.
Mary P. Rowe
Cambridge, MA 02139
LITTLE PAPER
How Did These People Get Into This Dispute?
The purpose of this Little Paper is to write about how each of the parties to a
dispute got to the position in which we find them.
You may use any dispute you wish to choose, but please pick one with sharply
differing points of view. Students sometimes pick topics like smoking/no smoking
disputes, a dispute about academic credit, or rights within the family, or sharp conflicts in
the workplace. If you have no better idea you are welcome to use "Joe and Josephine".
If you choose a different dispute than "Joe and Josephine", please first tell me
briefly the presenting situation, as a manager or other third party might perceive it. For
example, "I came into the office and found Ashley and Jody yelling at each other
about...." Wherever you come from, please feel free to describe a dispute that could
occur in your own country. If you write up your own dispute, please choose one with
two (or more) quite different points of view.
Now, your mission. Your mission, if you are willing to undertake it, is to write a
page or two about how each character got where he or she is. What is each thinking?
What are the values and feelings and perceptions of each of these people? How did this
situation arise? Your characters do not need to be people you would personally respect,
but most people most of the time are doing the best they can, so tell me if you will, how
these people see their own situation, in their own terms.
The purpose of this paper is more practice in being able to "be" another person
than yourself, briefly to be able to understand the interests of the Other in order to be
able to predict what the Other will want and do next.
Mary P. Rowe
Cambridge, MA 02139
7. To illustrate a method that may help an injured person to deal with his or her
feelings and the disruption in that person's life.
Please read "Drafting and Perhaps Sending a Private Letter to a Person
Who Has Harassed or Offended You." There are many good ways to write a letter; for
the purposes of this assignment, please follow the suggestions provided.
Rowe15.6672
As you use this worksheet, you will obviously be thinking about your own
negotiating. Please in specific think about which tactics and sources of power work
best for you? To which are you personally the most vulnerable?
Observing the Negotiations of Others as a Third Party
Did A or B's opening statements reveal any true interests?
Did A or B share relevant information?
What sources of power did each party appear to have?
What sources of power did each party appear to use?
Did either party use commitment tactics?
Did either party try to exploit weaknesses of the other?
What bargaining style did the parties exhibit: accommodative, competitive,
compromising, avoiding, collaborative, or mixed?
What strategy was each party using? (distributive, integrative, mixed motive)
What tactics of either party were especially noteworthy?
Did either party seek to understand and respect the interests of the other?
Did either party help to develop new options?
Did either party participate in the creation of a face-saving solution?
Did either party emphasize the relationship as much as the settlement?
Subjectively speaking, do you trust either A or B?
Classic Integrative
Argue ad hominen.
Be truthful.
Be consistent, reliable.
1These
descriptions of tactics are not meant as endorsements of all of these tactics. In particular, this
paper is not meant as a recommendation of unethical tactics, nor does the author believe that
unethical tactics are necessary. (It is perfectly possible to be a principled, distributive bargainer,
who uses some but not all of these tacticsjust as it is possible to be an unethical integrative
negotiator.) It is however important for all negotiators to be aware of the strategies and tactics that
may be used by others; please therefore study carefully the tactics in brackets, so that you may
recognize them if used against you, and take appropriate action.
These ideas are drawn from the experience of the author and from Walton & McKersie, A
Behavioral Theory of Labor Negotiations, McGraw-Hill, 1965.
They also owe much to the work
of Roger Fisher and of William Ury.
Changing Behavior
9 of 44
Can you tell right away if you have been effective? Or is it the
Ineffective Competitives
Ineffective Cooperatives
Effective Negotiators
(both strategies)
Ethical, trustworthy
Appropriately courteous
Prepared
Creative, realistic
Perceptive, self-controlled
Bargaining Range
Zone of Possible
Agreement
Sellers
Reservation
Point
Buyers
Reservation
Point
Expanding the pie: The process of adding elements to a negotiation which help one or
both sides to gain morea basic task in making negotiations more integrative. These
are usually elements which are valued differently by each party and often they have the
characteristic that one side will gain a little, give up nothing or suffer only a small loss
in return for great gain to the other. These elements can usually be added to almost any
negotiation no matter how distributive the negotiation at first appears to be. As
examples: the seller of a house may not care about taking the curtains or the lawn
furniture. The buyer may greatly value these amenities because they will save a lot of
time in moving in. The buyer might agree to a postponed moving date which does not
affect him or her very muchin order to accommodate the sellers staying until the end
of a school year. In return, the seller may not mind if the buyer sends loads of books that
will be stored in the garage months before transfer takes place. Both buyer and seller
may enjoy introducing the buyer to the neighbors. Both may greatly value respectful and
honorable treatment from the otherwhich usually costs nothing.
Positions vs. Interests: A position is what you say you want or must have. Positional
bargaining is usually distributiveand may be inefficient in the sense that value may be
left on the table at the time of settlement because each party did not know what the other
really wantedbut it may help one party gain more short-term profit. An interest is why
you want what you want. Interest-based bargaining adds integrative potential.
10 of 44
Negotiation
Styles/Strategies
Competition (A)
Revenge (A)
Compromise
Avoid ance
Accommodation
(A)
Revenge
and
Self-Injury
Revenge (B)
11 of 44
Interests
vs.
Positions
12 of 44
Interests
Rights
Power
13 of 44
Negotiation Strategies:
Definitions
Distributive Strategy:
Integrative Strategy:
14 of 44
Negotiation Styles
Typology #1: Definitions
Competitive Style:
Cooperative Style:
Independent Style:
15 of 44
Negotiation Styles
Typology #2: Definitions
Competitive Style:
Accommodative Style:
Avoiding Style:
Compromising Style:
Collaborative Style:
Revengeful Style:
Self-Injurious Style:
Revengeful and
Self-Injurious Style:
16 of 44
Team Building
Interests
distributive strategy
17 of 44
Tangibles
Intangibles
Negotiation
Styles/Strategies
Competition (A)
Compromise
Avoidance
Accommodation (A)
Negotiation
Styles/Strategies
Competition (A)
Collaboration
Compromise
Avoidance
Accommodation (A)
Negotiation Quiz
Please check off on this sheet which of these situations represents a negotiation.
(You may wish first to answer all those you find easy and then go back to the others.)
Buying a rug in a West African market
Soliciting a new source of venture capital
Trying to capture/kill a warlord in a regional war
Trying to injure or ruin a competitor
Writing back and forth with someone you do not know on the Internet
Meeting your potential in-laws for the first time
Giving or receiving commendation and criticism
Deciding how the dishes will get done
Borrowing a wonderful piece of clothing from a family member
Deciding whether to stay late at work to finish up a project
Making up, or rebuilding a relationship with someone you love
Picking a successor for the CEO of a company where you are on the board
Getting a child to go to bed
Getting into a class or training program with limited enrollment
Courting your Lifes Companion
Laying off or firing someone
Discussing the outsourcing of a business function with the manager of the function
Deciding with a family member where to invest a small joint inheritance
Soliciting a major gift from a major donor
Soliciting bids for the new advertising campaign for your company
Talking with your parent(s) this weekend
Saying good-by to someone you will not see for a long time
Finding an advisor, or a mentor, or a counselor, or a new dentist
Discussing with a recruiter the salary and benefits you feel you deserve
Trying to get back to sleep when something is worrying you
Trying to shake off a stranger on the street who keeps walking with you
Getting an extension on a paper or a project
Apologizing to someone whose property you unknowingly damaged
Seeing someone you dislike and turning away at a party
Interviewing a potential baby-sitter
Accepting a bribe
Turning down a bribe
Getting another country to lower a trade barrier
Talking anonymously about an unsafe workplace condition with a Hot Line person
Meeting a new teammate for the first time
Struggling to stay on a diet or exercise plan or give up smoking
Negotiation: Theory
and Practice
(N101)
2 of 44
Negotiation Quiz
Please check off on this sheet which of these situations represents a negotiation.
(You may wish first to answer all those you find easy and then go back to the others.)
Buying a rug in a West African market
Soliciting a new source of venture capital
Trying to capture/kill a warlord in a regional war
Trying to injure or ruin a competitor
Writing back and forth with someone you do not know on the Internet
Meeting your potential in-laws for the first time
Giving or receiving commendation and criticism
Deciding how the dishes will get done
Borrowing a wonderful piece of clothing from a family member
Deciding whether to stay late at work to finish up a project
Making up, or rebuilding a relationship with someone you love
Picking a successor for the CEO of a company where you are on the board
Getting a child to go to bed
Getting into a class or training program with limited enrollment
Courting your Lifes Companion
Laying off or firing someone
Discussing the outsourcing of a business function with the manager of the function
Deciding with a family member where to invest a small joint inheritance
Soliciting a major gift from a major donor
Soliciting bids for the new advertising campaign for your company
Talking with your parent(s) this weekend
Saying good-by to someone you will not see for a long time
Finding an advisor, or a mentor, or a counselor, or a new dentist
Discussing with a recruiter the salary and benefits you feel you deserve
Trying to get back to sleep when something is worrying you
Trying to shake off a stranger on the street who keeps walking with you
Getting an extension on a paper or a project
Apologizing to someone whose property you unknowingly damaged
Seeing someone you dislike and turning away at a party
Interviewing a potential baby-sitter
Accepting a bribe
Turning down a bribe
Getting another country to lower a trade barrier
Talking anonymously about an unsafe workplace condition with a Hot Line person
Meeting a new teammate for the first time
Struggling to stay on a diet or exercise plan or give up smoking
3 of 44
Is there one especially "rational way" to divide $2 with a stranger? (If you think there is
not, what determines the family of "rational choices"?)
Do you think that most business decisions are made rationally? Is there usually one
optimum decision?
You are facing a specified conflict or negotiation with someone about whom you know
only demographics, style and job description. You have only an hour. What might you do
to prepare?
In real life, in a super important case, how and when should you choose which strategies
and tactics you will use in a negotiation? On what factors ought this choice to depend?
How can one try to prevent a "bad attitude death spiral" in a negotiation with someone
you do or do not know well? Where does a desire for revenge come from?
Which of the ways of building trust appeal to you the most?
What is the difference between manipulating people and inspiring them (as a leader)?
If you or someone else has gotten painted into a corner, through a commitment that
should never have been made, what could be done?
Can you tell when someone is lying to you?
How might you figure out the strategy and depth of strategy the Other is using in a
negotiation?
Within a close team or a couple, if you have no time in each negotiation to pursue the best
win-win solutions, where both sides gain simultaneously, how can A and B behave so that
both are actually gaining, in the aggregate, over time?
How would you define effectiveness in a negotiation'? Are you effective? Who do you
know that is effective?
Is it the choice of negotiating strategy that determines effectiveness? If so-which strategy
is most effective?
4 of 44
5 of 44
Name some elements of process you would want to think about, if you were going to
negotiate for your side on a two-person team.
In a setting with coalitions, would you prefer to be a "pivot'' person, o r the person with
the most tangible resources, if those are not the same?
Some of the options for dealing with complaints are: listening, referring people to other
resources, just giving or receiving needed information, helping people help themselves
through developing choices and coaching, shuttle diplomacy, formal mediation, factfinding, arbitration or adjudication (and managerial decision-making), systems change,
generic approaches, agency complaints, lawsuits, going to the newspapers. Which of these
are more likely to be collaborative? Which are more likely to be competitive? Which will
likely be "mixed motive"?
Some sources of power in negotiations include: legitimate authority, rewards, sanctions,
force, information, expertise, elegant solutions, commitment, moral authority, BATNA,
relationships. Which of these sources of power do you need for each of the options above,
for dealing with complaints?
Who should decide which complaint option or conflict management option is chosen? The
manager? The complainant?
Which is the most cost-effective complaint handling option'?
W h a t does a person in a n organization think about first when he or she wants to raise a
concern or make a complaint?
Is it possible to go outside the organization with a complaint and still have a normal
work life thereafter within the organization? What does your answer mean for conflict
management system design?
What is the first question to ask yourself when you face a dispute or a complaint as a
manager?
Which sources of power do people turn to when they feel powerless? What is the effect?
Is there such a thing as a "frivolous" complaint? What would you want to try, if someone
kept blaming problems on other people?
Under what circumstances is a Difficult Person not "difficult"?
Which sources of power are likely help the most, in dealing with a very Difficult Person?
6 of 44
38) How do you manage your own emotions in conflict situations? (Do you consciously
manage your emotions at all, or do you simply react?) What do you do if you start to feel
yourself getting upset?
39) Do you try to affect the emotions of others in a conflict situation? How? For what
purpose?
7 of 44
Negotiation
Styles/Strategies
Competition (A)
Compromise
Avoidance
Accommodation (A)
8 of 44
Negotiation
Styles/Strategies
Competition (A)
Collaboration
Compromise
Avoidance
Accommodation (A)
9 of 44
10 of 44
Negotiation
Styles/Strategies
Competition (A)
Revenge (A)
Compromise
Avoid ance
Accommodation
(A)
Revenge
and
Self-Injury
Revenge (B)
11 of 44
Interests
vs.
Positions
12 of 44
Interests
Rights
Power
13 of 44
Negotiation Strategies:
Definitions
Distributive Strategy:
Integrative Strategy:
14 of 44
Negotiation Styles
Typology #1: Definitions
Competitive Style:
Cooperative Style:
Independent Style:
15 of 44
Negotiation Styles
Typology #2: Definitions
Competitive Style:
Accommodative Style:
Avoiding Style:
Compromising Style:
Collaborative Style:
Revengeful Style:
Self-Injurious Style:
Revengeful and
Self-Injurious Style:
16 of 44
Team Building
Interests
distributive strategy
17 of 44
Tangibles
Intangibles
18 of 44
Bargaining Range
Zone of Possible
Agreement
Sellers
Reservation
Point
Buyers
Reservation
Point
19 of 44
Expanding the pie: The process of adding elements to a negotiation which help one or
both sides to gain morea basic task in making negotiations more integrative. These
are usually elements which are valued differently by each party and often they have the
characteristic that one side will gain a little, give up nothing or suffer only a small loss
in return for great gain to the other. These elements can usually be added to almost any
negotiation no matter how distributive the negotiation at first appears to be. As
examples: the seller of a house may not care about taking the curtains or the lawn
furniture. The buyer may greatly value these amenities because they will save a lot of
time in moving in. The buyer might agree to a postponed moving date which does not
affect him or her very muchin order to accommodate the sellers staying until the end
of a school year. In return, the seller may not mind if the buyer sends loads of books that
will be stored in the garage months before transfer takes place. Both buyer and seller
may enjoy introducing the buyer to the neighbors. Both may greatly value respectful and
honorable treatment from the otherwhich usually costs nothing.
Positions vs. Interests: A position is what you say you want or must have. Positional
bargaining is usually distributiveand may be inefficient in the sense that value may be
left on the table at the time of settlement because each party did not know what the other
really wantedbut it may help one party gain more short-term profit. An interest is why
you want what you want. Interest-based bargaining adds integrative potential.
20 of 44
Distributive
Integrative
Mixed Motive
Competitive
Cooperative
21 of 44
Ineffective Competitives
22 of 44
Ineffective Cooperatives
23 of 44
Effective Negotiators
(both strategies)
Ethical, trustworthy
Appropriately courteous
Prepared
Creative, realistic
Perceptive, self-controlled
24 of 44
Classic Integrative
Argue ad hominen.
Be truthful.
Be consistent, reliable.
1These
descriptions of tactics are not meant as endorsements of all of these tactics. In particular, this
paper is not meant as a recommendation of unethical tactics, nor does the author believe that
unethical tactics are necessary. (It is perfectly possible to be a principled, distributive bargainer,
who uses some but not all of these tacticsjust as it is possible to be an unethical integrative
negotiator.) It is however important for all negotiators to be aware of the strategies and tactics that
may be used by others; please therefore study carefully the tactics in brackets, so that you may
recognize them if used against you, and take appropriate action.
25 of 44
These ideas are drawn from the experience of the author and from Walton & McKersie, A
Behavioral Theory of Labor Negotiations, McGraw-Hill, 1965.
They also owe much to the work
of Roger Fisher and of William Ury.
26 of 44
Sources of Power in
Negotiations
27 of 44
Sources of Power in
Negotiations
28 of 44
Rewards
z
Sources of Power in
Negotiations
29 of 44
Sanctions
z
Sources of Power in
Negotiations
30 of 44
Force
z
Sources of Power in
Negotiations
31 of 44
Information
z
Sources of Power in
Negotiations
32 of 44
Expertise
z
Sources of Power in
Negotiations
33 of 44
An Elegant Solution
z
Sources of Power in
Negotiations
34 of 44
Sources of Power in
Negotiations
35 of 44
Commitment
z
Sources of Power in
Negotiations
36 of 44
I know her and she is the only person I will deal with
on this matter.
Sources of Power in
Negotiations
37 of 44
They had all the time in the world and lots of other
customers - they did not need us.
38 of 44
39 of 44
Preparing for a
Negotiation
40 of 44
41 of 44
42 of 44
43 of 44
Changing Behavior
44 of 44
Can you tell right away if you have been effective? Or is it the
Negotiations 101
begins with a QUIZ.
I give people two minutes to decide which of the items on the list is (or is not) a
negotiation. After two minutes I ask them to look especially at the last item and I ask
aloud: Is there anyone in the room who has negotiated with him or herself? Heads nod
yes. I ask, Is it possible to negotiate with yourself? Again most heads will nod
affirmatively.
The answer, of course, is that all the items on the QUIZ are negotiations. I will usually
say, As I see it, ALL interactions between two or more points of view are negotiations. I
go on to point out that the theory of negotiations covers all interactionspersonal
and professionalwhere there are two or more points of view.
Often people will raise a hand, But war? And then they will think. And realize that war
is a use of forcein a negotiation.
FIRST GRAPH
There are many possible strategies in negotiation
I start with the story of the orange. There are by the way many stories of the orange,
and a delightful role-play called the Ugli Orangesometimes I tell a fanciful story about a
fight over a single orange. In all versions, persons (or teams) A and B are fighting over
an orange. Each wants the whole orange. I ask, You are a third party to this dispute.
What will you do to manage the dispute?
Usually someone will say, Eat the orange. And some will say, Divide it in half. I
produce Graph #1 and point to Avoidance. I will smile at a person who suggests eating
the orange, and say that there is a technical definition for the strategy of eating the
orangecalled Avoidance.
I then point to Compromise and suggest that all over the world this is an essential
strategy and widely practiced. Then I will point to Competition (as A will see it) and
Accommodation (also as A will see it) and then ask if it is obvious that these two points
are reversed for Person B. People will nod.
Then I will point to the dot inside the triangle and ask the significance of the dot.
Sometimes someone will understand that the dot represents a damaged orange. a
point where A and B will each get only a bit of the orange. I ask, Has anyone ever seen
a negotiation where that which is at stake gets damaged? The goods or the services or
somebodys reputation? Usually many people nod. If I have time I will ask for examples.
I look for examples that show INTANGIBLE loss as well as TANGIBLE damage.
I point out that all the points within the triangle represent INEFFICIENT solutionsvalue
is left on the table. Not only are these simply win-lose solutions but they also are not
cost-effective.
Then we think about the nature of win-lose. Is it sometimes a good thing? Is it the best
we can do? I ask the class, How many in the class believe in justice? Of course most
of us raise our hands, including me. I point out that the diagonal (competition to
accommodation) IS the line of justice, as one would find it in court. That is, the winnings
of the one represent loss to the other. And I ask rhetorically, But is this always the best
we can do? Can we do better than win-lose, in some cases?
Often someone in the class will point out that there is another way to help in the dispute
about the Orange. The third party might ask each person WHY he or she wants the
orange. (If no one in the class notices this possibility I will raise it.)
In our delightful example, the third party asks the interests of each. A says he wants the
orange for the peelto flavor the frosting on a cake with the zest. B says she wants the
juiceshe has a cold and wants to get better. A thus gets all the peel, B all the juice.
Each gets all of what he or she wanted. We find a wonderful point on the graph called
Collaboration.
I ask how common such a solution is, in real life. People shake their heads, This is not
common, because of scarce resources, scarce time, scarce space. I ask, Nevertheless
can you give me a common example, where both A and B will tell you that they GET
more than they GIVE, in the relationship with each other? Some people will look
puzzled. I ask again, slowly, so that people digest the oddity of the conceptit is
possible every day in a relationship to get more than one gives, and two people might
both feel this way in the same relationship.
One answer, of course, is the example of a very happy marriageor a very happy work
teamwhere both parties will say that they get more than they giveevery day. How is
this possible? Are they deluding themselves? Or is it just the addition of intangibles
happiness in being with the Other?
I will note, at this point in the lecture, that as a young person growing up, I was taught to
be collaborative, (whenever I could reasonably behave this way). I thought that I was
taught to be collaborative, because collaboration was morally better. It was not until I
took math that I realized that collaborative solutionsat least those inscribed in the
square box outlined inside the north east triangleare (also) mathematically better, in
the sense that both A and B are better off than in a win-lose settlement.
Thus, in circumstances where a collaborative solution is appropriatewhich is of course
not always the casethen a solution in the northeast square is absolutely better. And
any solution in the northeast triangle adds value to the two-people-taken-together. Our
two happy people are not deluding themselves.
So how do very happy marriages happen? One answer lies in the lines of the northeast
square that define the box inside the northeast triangle. Whenever something matters
more to A, then B gives in.. whenever something matters more to B, then A gives in.
The effect, for both of them, is to feel as if they live on the northeast corner that is
marked Collaboration.
Preparing for a
Negotiation
Questions to address before and during negotiation
1. Whose interests are at stake?
2. What are their interests?
3. What are the sources of power for each person
whose interests are at stake?
4. What are all the possible options?
5. What strategy do I wish to adopt?
Sources of Power in
Negotiations
Sources of Power in
Negotiations
Rewards
z
Sources of Power in
Negotiations
Sanctions
z
Sources of Power in
Negotiations
Force
z
Sources of Power in
Negotiations
Information
z
Sources of Power in
Negotiations
Expertise
z
Sources of Power in
Negotiations
An Elegant Solution
z
Sources of Power in
Negotiations
Sources of Power in
Negotiations
Commitment
z
Sources of Power in
Negotiations
I know her and she is the only person I will deal with
on this matter.
Sources of Power in
Negotiations
They had all the time in the world and lots of other
customers - they did not need us.
Distributive
Integrative
Mixed Motive
Competitive
Cooperative
Rowe15.6672
Feb. 12
2)Tuesday
Feb. 20
Turn in Journal and Separate Pages. This journal requires:
your comments on the first class; reading the article in the Class Notes: Options and
Choice, and doing the attached exercise; scoring and discussing the Thomas
Kilmann Questionnaire; and writing about the negotiations of a classmate.
3)
Feb. 26
Little Paper #1 Ethics & Machiavelli. Writing this paper
requires taking and scoring two Questionnaires found in the Class Notessee the
instructions in the Class Notes.
4)
Mar. 5
5)
Mar. 12
6)
Mar. 19
Vacation
7)
Apr. 2
Little Paper #2 Perceived Injurious Experience. See instructions in
the Class Notes for the P.I.E letter.
8)
Apr. 9
Vacation
9)
Apr. 23
Little Paper #3 Seeing Both Sides of a Dispute. See
instructions in the Class Notes for this assignment.
10)
Apr. 30
Double Class with PizzaBring a drink? The last Journal is
due after April 30, before May 7, with Separate Pages.
11)
May 7
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February 26 Class
Case: Terry and Josephine at Navigational Systems. Discussion of the role of power in
negotiation.
Video: Film clips. Should change be forced (distributively) or fostered (integratively), or is
change a mixed motive process that requires both forcing and fostering??
For next week: Pick up your roles for next week in the Hiring/Salary case (Barrister) and the
Performance Evaluation case (Gentle Care). Prepare with someone else with the same role if you
can.
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March 26
HOLIDAY WEEK
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April 16
HOLIDAY WEEK
Optional assignment: rent the video "The Return of Martin Guerre." The question is, whom can
you believe? Is it possible to tell if someone is lying? If sohow will you do it as a manager? If
nothow will you manage?
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Class: Certified Public Accountants, Inc. (Theft); Discussion of cases distributed in class (drugs,
whistleblowers, and a convicted employee).
Evening Discussion of violence and the fear of violence in the work place, with Dr. Robert Fein,
forensic psychologist.
This week is a double class with pizza2:30-8:30pm. Wear something comfortable and bring
something to drink? If you would like to bring your significant other to the evening lecture, please
let me know so I can order enough pizza? If you have any dietary restrictions please let me
knowwe can sometimes make appropriate provision.
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