Monthly Archives: February 2008

One trick ponies? Political leaders should be adept in many negotiation styles, not just one

Different negotiating stylesIn this election year, everyone’s paying a lot of attention to the negotiation styles of the presidential contenders, as I pointed out in a recent post.

The most recent commentary comes from the blog Daily Kos (thanks to fellow blogger Victoria Pynchon for the link), which discusses the substantive differences in the negotiation styles of Barack Obama and Hillary Clinton:

By engaging all parties in negotiations, and reaching a collective agreement about how much weight to give to each variable, it is possible to provide some benefit to each party, although no-one [sic] gets exactly what he or she wants. This is integrative bargaining. I have a strong hunch that Senator Obama learned about this in law school, and applied it during his work as a community organizer. When he talks about having all parties sit down to negotiate about health care, this is what he has in mind. When Senator Clinton talks about defeating the enemies of her health care plan, she is talking about zero-sum bargaining. The 50% + 1 approach to winning elections is zero-sum. Her argument that she will break the glass ceiling by being elected president is also zero-sum; for a woman to win, a man has to lose.

Give me a break. It’s Daily Kos that’s created the zero-sum game, one which Clinton can’t possibly win. You’re either a value-creating negotiator (good), or you’re a value-claiming one (bad). There’s not a lot of room here for nuance. Indeed, this kind of reasoning evokes Orwell’s doomed sheep bleating, “Four legs good, two legs bad.”

The truth is that life — and negotiation — are never that simple.

Personally, for a change, I’d like to see the White House inhabited by a president who is skilled in many styles of negotiating. Someone who possesses the flexibility, sophistication, and wit to deploy the appropriate negotiation strategy, or indeed as many strategies as are necessary. Not every negotiation merits a collaborative approach. And sometimes getting to yes is a really bad idea.

No matter what, there is one negotiating style in particular the next administration should practice: what Bargaining for Advantage author G. Richard Shell calls “information-based bargaining”. A common-sense approach, it focuses on “solid planning and preparation before you start, careful listening so you can find out what the other side really wants, and attending to the ‘signals’ the other party sends through his or her conduct once bargaining gets underway.”

We could all do with a lot more solid planning and a whole lot more careful listening by our elected leaders.

Otherwise, once again, we’ll end up with less than we bargained for.

Obama's message may reflect mediation's growing influence

Jim Melamed, co-founder of Mediate.com, arguably the ADR field’s best known and most influential online resource, has published “Obama’s Message: Mediation’s Political Triumph“, an impassioned and compelling panegyric to a presidential candidate and the influence on politics and culture of the mediation movement.

Find your balance at Conflict Zen

Conflict ZenTammy Lenski — talented blogger, prolific author, inspiring colleague, and respected thought leader — heads in a bold new direction.

After blogging about conflict resolution at Lenski.com for many years, she is leaving her old digital home and launched a new site, Conflict Zen.

Tammy explains why:

My writing has always served two masters: You and me. You, in that you have interest in effective conflict resolution in your life, your family, your workplace or business, and/or your community, and it’s what’s drawn you to subscribe to my articles. Me, in that my writing helps me explore ways to frame what works for my current clients so that I can share it even more effectively with future clients.

But I have always puzzled over the paradox of an imperfect human (me) offering up conflict resolution advice to others. It’s important to me that you understand I don’t come to you from the high place of interpersonal perfection, but instead as an equal human in front of you. I happen to know a thing or two about conflict resolution because I’ve spent two decades studying and successfully practicing it in a professional capacity. But I have yearned for a place where I would frame my work as a teacher who is also your co-learner. Conflict Zen will be that place.

Tammy, best of luck. I’m glad to know that we will all continue to benefit from your wisdom.

You got the best of meme at Blawg Review #148

Brett Trout hosts Blawg Review #148 at BlawgIT. This week’s theme is the meme.

Memes are units of cultural information transmitted virally from one individual to the next. Blogs provide an ideal culture medium for memes to thrive in, since bloggers disseminate memes widely, inviting other bloggers to comment on them and pass them along in turn. Memes are in essence the blogosphere’s equivalent of chain letters — like a chain letter, the recipient must respond in a designated way, then pass the invitation along to others.

Be sure to catch this highly entertaining edition of Blawg Review, the weekly review of the best in legal blogging. And like any meme, spread it widely.

Former hostage writes U.S.-Iranian negotiation guide

Iranian-US negotiationsThe National Iranian American Council reports that Ambassador John Limbert, one of the 52 US diplomats who was held hostage at the United States Embassy in Iran in 1980, has published “Negotiating with the Islamic Republic of Iran: Raising the Chances for Success – 15 Points to Remember” (PDF), a guide for negotiations between the U.S. and Iran.

Limbert’s 15 points are:

  1. Negotiating with Iran—hard as it may be—is worth doing.
  2. Establish objective criteria free of legalisms.
  3. The past matters: Be aware of Iran’s historical greatness, its recent weakness, and its grievances from decades or centuries earlier.
  4. Choose intermediaries with great care.
  5. Talk to the right people.
  6. Understand that the Islamic Republic’s priority is survival.
  7. Let the Iranians define what is in their national interest.
  8. Understand the Iranian BATNA: Expect actions that may appear (to you) self-destructive.
  9. Give your Iranian counterparts credit for intelligence.
  10. Expect a case based on vague and uncertain claims.
  11. Expect grandstanding, political theater, and flamboyant gestures.
  12. Remember that power is respected, weakness despised.
  13. Understand that justice, often in a harsh version, in the abstract is extremely important.
  14. Remember that conspiracy theories have great currency—and are sometimes true.
  15. Expect hands to be overplayed.

Limbert says,

What works in any negotiation—being prepared, building relationships, exercising patience, knowing both one’s own and the other side’s BATNA, understanding the other side’s real interests, among other things—can work in negotiations with the Islamic Republic.

Channel surfing at MediationChannel.com: a round up of links

Channel surfing at MediationChannel.comHere’s a round-up of links for your viewing pleasure:

The Stella Awards, a site that recognizes the year’s wackiest lawsuits, has announced the winners for 2007. The Stella Awards are named in honor of Stella Liebeck, who achieved notoriety when she spilled a hot cup of McDonald’s coffee on her lap and sued, winning a $2.9 million jury verdict. (Via Slaw.)

The public reacted with indignation last week when it learned that a Hillsborough County, Florida, deputy sheriff dumped quadriplegic Brian Sterner from his wheelchair during booking following an arrest for an alleged traffic violation — an act which was caught on video. Sterner, however, intends to negotiate with, rather than sue, the sheriff’s office in what Sterner’s lawyer has characterized as a “roundtable” discussion. (Note that Sterner’s lawyer says that “he can avoid some legal hurdles by negotiating outside court. Government agencies are liable for a maximum $100,000 per person for negligence when employees are working within their professional capacity. If a jury were to award a plaintiff more than that, the government agency would pay the $100,000 and the plaintiff would have to petition the Legislature for the remainder. “)

At Brains on Purpose, Stephanie West Allen has pulled together resources to help facilitate learning and mind changing.

At Legal Blog Watch, Carolyn Elefant wonders whether blogging is the reason for mandatory arbitration agreements for law firm employees.

Here’s something for neuroscience fans (and what dispute resolution professional is not?) — Jason Kottke at Kottke.org interviews Jonah Lehrer, author of Proust Was a Neuroscientist.

The World Directory of ADR Blogs keeps growing. I’ve just added three more blogs:

  • The Colorado Family Solutions Center blog, which focuses on ways to help families in transition find solutions outside of court.
  • Conflict Matters, which provides tools and ideas about conflict resolution and mediation, published by dispute resolution professional and attorney Roy Baroff of North Carolina. (Hat tip to the Mediation Mensch for these two latest additions.)
  • Secretos del Mediador Exitoso, a Spanish language blog, answers the question, what do you need to know and do to be able to mediate successfully? This blog’s motto is “Transformacion de Conflictos, Cooperacion y Respeto.”

Finally, for a rousing example of what a bunch of people working together can achieve, here’s an election-related news story: On February 19, over a thousand Prairie View A&M University students and their supporters marched seven miles to the polls at the Waller County, Texas, Courthouse to protest the lack of an early voting place on campus. You can view the march at YouTube. Would you walk seven miles to cast your vote?

Everybody's doing it: BigLaw next to join mandatory arbitration frenzy

It’s not just credit card companies, nursing homes, telecom giants, and a Texas burger franchise who are jumping on the mandatory arbitration bandwagon.

According to Condé Nast Portfolio.com, one BigLaw firm has instituted mandatory arbitration for all its at-will employees.

Who will be next? Mediators?

Let’s hope not.

Football as ADR?

Football now joins the growing list of informal alternative dispute resolution methods, along side arm wrestling and perennial favorite rock, paper, scissors.

Facing South reports that one Tennessee lawmaker has proposed using a football game to settle a border dispute over access to water between Tennessee and Georgia.

Making sense of optical illusions

Optical illusion, deconstructedThey say you should believe nothing you hear and only half of what you see.

There’s nothing like an optical illusion to remind us of the truth of that aphorism. At Cognitive Daily you’ll find not only a great optical illusion but also an explanation of why we see what we see.

In addition, there’s a link to Arthur Shapiro’s Illusions and Demonstrations for Visual Research, the source for this particular bit of visual trickery, along with several others that delightfully fool the senses.

And for still more, visit a site I recently discovered, Akiyoshi’s Illusion Pages — which actually come with a health advisory.

Animated short gives tips on how to behave on the internet

How to behave on the internetOnline misunderstandings flare up easily, but there’s a way to prevent them.

For a crash course on internet etiquette, view “How To Behave On An Internet Forum“, created in old-school-style, 8-bit animation.

(Spotted on Boing Boing.)