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Principled Negotiations: The Power of No as an Ethical Negotiating Tool

Breakout Session: #104

Name Dr. Mike Criss, CPCM

Date Monday, July 19, 2010

Time 11:15 am - 12:30 pm.

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Basis of Discussion

• Articles– Sharks, Saints, and Samurai: The Power

of Ethics in Negotiation• Mark Young, Negotiation Journal, April 2008

– Negotiation and Nonviolent Action: Interacting in the World of Conflict

• Amy C. Finnegan and Susan Hackley, Negotiation Journal, January 2008

• Book– Long Walk to Freedom, Nelson Mandela

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Right Behavior Vs Right Thing

• Displaying the right behavior to gain advantage– Saints and Sharks– Short Term

• Doing the Right Thing– Source of Power– Potentially Long Term– Samurai

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Power Vs Ethics

• Two traditional Approaches– Tactical

• Gamesmanship – Herb Cohen

– Prudential• Results for Both Sides – Fisher and Ury

– Approaches power differently• Balances Power and Ethics

• Principled Approach

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Principled Negotiations

• Sees no difference between power and ethics

• Doing the right think for its own sake

• Does not trade off between power and ethics

• Does what is right, not what is best for either party

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Example

• Pizza Hut and Hunts• Hunts Long Time Supplier to PH• PH Bid Tomato Contract

– Low two to take all, price only

• Hunts came in third• PH told Hunts if they lowered their price 2.5

cents/barrel, they would be second• PH had bid their best price and declined to

lower price

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Example Cont.

• PH awarded to two other offerors

• Quality problems ensued

• PH called Hunts – Name Your Price!

• Hunts stayed with original price

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Negotiation and Nonviolent Action

• Finnegan and Hackley suggest that Negotiation and Nonviolent are connected– Mutually committed to:

• Engage constructively with conflict• Share leverage for power and strategic

preparation and action

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Differences

• Negotiation– Focus on Alternatives and Options

• Nonviolent Action– Focus on acts of omission or commission

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Commonalities

• Both embrace conflict

• Both action oriented strategies to influence

• Both are skills-based

• Both rely on framing

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Synergistic Qualities

• External Mechanisms of Change– Conversion– Accommodation– Nonviolent Coercion– Disintegration

• Negotiation Begins the Process

• Nonviolent Action and Extend it

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Examples

• Labor Negotiations– Involves Human Values– How handled effects the relationship– Negotiation starts process, relationship

determines success• Otpor against Serbian Leader Milosevic

– Disintegration of Security Forces• Salt March

– Ghandi• Apartheid

– Mandela

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Practical Applications

• Short Term Transactions

• Mediations

• Long Term Transactions

• Relationship Centered

• When Price is not the only Objective

• When You have run out of Alternatives.