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AMERICAN UNIVERSITY OF SHARJAH.

MASTER OF URBAN PLANNING PROGRAM

UPL 651- NEGOTIATION STRATEGIES

Final Examination- Fall 2023

Submitted by:

Sania Shanavaz

@g00095704

26/11/2023
1. As custodians of the public interest, planners officially play intermediary, coordination, and
facilitation roles in most or all planning cases. (a) List the three types of mediation that planners are
often engaged in. (b) For each type, describe what you deem to be one key role for planners. (c)
For each, describe what distinguishes it from the others.

a) Negotiation and mediation are complementary tools in planning. Mediation typically involves a
negotiation procedure that utilizes a mutually accepted third party to resolve a dispute between
negotiating parties and reach a satisfactory agreement for both to settle disputes. As mediators,
planners cannot impose an outcome but rather assist the disputing parties in reaching their
agreement. Although there are several methods for mediation, the most commonly used
techniques in planning are:
1. Facilitative Mediation
2. Evaluative Mediation
3. Transformative Mediation

b) Facilitative Mediation- In facilitative mediation or traditional mediation, the planner, acting as a


mediator, aims to facilitate negotiation between the conflicting parties. The mediator does not
provide recommendations or enforce a decision. Instead, they motivate the parties involved in
the dispute to find their solution through an examination of their underlying interests. During
facilitative mediation, mediators typically conceal their personal opinions regarding the conflict.

Evaluative Mediation- Contrary to facilitative mediation, evaluative mediation involves


mediators who are more inclined to provide recommendations, and suggestions, and express
their opinions. Evaluative mediators prioritize the assessment of the legal merits of the
arguments and the determination of fairness, rather than primarily focusing on the underlying
interests of the parties involved. Evaluative mediation is primarily employed in court-mandated
mediation and the planners who act as evaluative mediators are required to possess strong
legal expertise in the specific field of the conflict.

Transformative Mediation- Transformative mediation centers on empowering disputants to


independently resolve their conflict. The planners as mediators encourage the disputing parties
to recognize each other's needs and interests. Transformative mediation, as initially introduced
in the 1994 book The Promise of Mediation by Robert A. Baruch Bush and Joseph P. Folger, is
based on the principles of facilitative mediation. The process seeks to fundamentally transform
the parties and their relationship by equipping them with the necessary skills to bring about
positive and meaningful change.

c) Facilitative Mediation involves the intervention of a neutral mediator who assists in facilitating
communication between parties, enabling them to delve into their individual needs and
ultimately reach mutually agreeable resolutions.

In Evaluative Mediation, the mediator evaluates the legal positions of the parties involved and
provides opinions, directing them toward a resolution that aligns with legal standards.

Transformative mediation aims to empower individuals involved in a conflict by facilitating


their understanding of each other's perspectives and encouraging them to make their own
decisions. The goal is to achieve personal and relational transformation.
2. Very briefly, state or describe the essence of communication or dialogue in the negotiation process.
Negotiation in a nutshell is a dialogue between multiple disputing parties to reach agreements. In
that sense Communication is an essential skill required by a negotiator for conducting a successful
Negotiation. There is no negotiation without communication. Communication can be through two
predominant aspects: verbal skills and non-verbal cues. A good communicator should know how to
strike a balance between the two and switch their communication styles from one to another to
meet the listener's needs. Through the establishment of effective communication, one can
overcome misunderstandings that may impede the attainment of a compromise.
As a primary necessity, communication helps negotiators effectively convey their position to the
other parties involved in the process through speaking and writing. In verbal communication, the
message can be accurately conveyed to the opposite party by adhering to the 7 C's which can
improve your dialogue through speaking or writing:
1. Concise - Being concise guarantees that you address the essential topics or concepts in your
communication, clearly stating your main argument. Generally speaking, listeners are more
influenced by succinct statements. Moreover, succinct, effectively delivered messages stick in
the mind more. It may be harder for listeners to follow and remember the information you
include in greater detail, particularly if it is new to them.
2. Complete – Complete communication means giving the information in a way that the audience
understands it as you intended. There may be situations where you're talking about a
complicated topic. In such situations, being complete rather than concise is usually preferable
when there is a chance of misunderstanding.
3. Coherent - A message's structure frequently contributes to its coherence. Your message will
be simpler to understand and retain if it is structured with each idea flowing naturally into the
next. Understanding your audience and modifying your message for them is another aspect of
coherence.
4. Clear - To achieve clarity in your communication, it is essential to convey your message without
incorporating complicated vocabulary, phrasing, and terminology. An articulate presentation
can put listeners at ease, instilling a sense of assurance in the information you convey.
5. Courteous - Courtesy encompasses more than mere adherence to social etiquette. Courteous
communication involves demonstrating respect for your audience through gestures such as
maintaining eye contact and speaking courteously and conversationally.
6. Concrete - It is crucial to ensure that your message is logical, precise, and sound. Support
your points with evidence from reliable sources to make your message more tangible. One
excellent way to show the concreteness of your argument is to include examples in your
message.
7. Correct - To guarantee that your listener receives accurate information, it is crucial to ensure
that your communication is based on facts and is grammatically correct. Should the audience
become cognizant of an error, it has the potential to divert their attention from the remainder of
your message.

Nonverbal communication encompasses the transmission of information through various means


such as body language, facial expressions, gestures, and spatial arrangements. It is crucial as it
provides us with significant insights into a situation, such as an individual's emotional state, their
reception of information, and the appropriate approach to take with them or a group. When
engaging in communication with someone, it is beneficial to be attentive to any indications of
nonverbal communication, while also considering their verbal communication. There are 9 ways to
communicate non-verbally:

1. Body Language - the way a person conducts their body with the circumstances, their mood,
and their surroundings.
2. Movements - Variations in your arm and leg movements, including walking quickly or slowly,
standing, sitting, or fidgeting, can all communicate distinct ideas to observers.
3. Posture - Your sitting or standing position can convey your level of ease, professionalism, and
general demeanor about a person or conversation.
4. Gesture - Even though gestures vary considerably between cultures, they are typically
employed intentionally or unintentionally to communicate information, as in the case of a
"thumbs up" signifying approval or positive sentiment toward something.
5. Space – A nonverbal cue that can communicate one's level of comfort, the significance of the
conversation, and a desire to connect with or support others by creating or closing the distance
between oneself and others
6. Paralanguage - Paralanguage comprises non-linguistic components of speech, including but
not limited to speaking velocity, intonation, pitch, and volume.
7. Facial Expression - Face expressions are among the most prevalent forms of nonverbal
communication. Effective communication can be achieved through the use of the eyebrows,
mouth, eyes, and facial muscles to express emotion or information.
8. Eye contact - Eye contact is a highly effective method of conveying interest and attention.
Looking at your phone or the ground while avoiding your gaze from another person may
indicate disinterest or disdain.
9. Touch - Some individuals use touch as a mode of communication. Its most common function is
to convey comfort or support. Utilize this mode of communication with restraint and only when
you have obtained the recipient's consent. It is inappropriate to use when attempting to express
anger, frustration, or any other negative emotion.
3. Very briefly, state or describe the essence of negotiation.

Negotiation can be described as multi-party dialogue for reconciling differences and reaching a
mutually beneficial agreement. The essence of negotiation can be multi-faceted. However, the
primary motive lies in finding common ground and resolving conflicts by exploring different
perspectives and interests. At its core, negotiation involves skillful persuasion, active listening, and
problem-solving to overcome obstacles and find win-win solutions. A Successful negotiator requires
understanding the underlying motivations and needs of all parties involved while maintaining a
respectful dialogue and striving to create value. According to Ury and Fisher (1991), he or she
should have considered the following tactics to find consensus:

 Separate the people from the problem;


 Focus on interests, not positions;
 Work together to create options that will satisfy both parties; and
 Negotiate successfully with more powerful people, refuse to play by the rules, or resort to "dirty
tricks."

Every negotiation essentially should be a voluntary process that has an agenda or a formally
agreed upon list of goals to be achieved or items to be discussed in a particular order during a
meeting or negotiation. It can be used to control the negotiation meeting meticulously and keep the
same time bound. Ultimately, the process should be driven by a collaborative problem-solving
approach and aim to build and maintain relationships
4. Although negotiation is about mutual dialogue, it is helpful for planners as negotiators to use
small-group facilitation techniques. (a) List any two why you agree or disagree with this
viewpoint. (b) List and briefly describe the essence (purpose) of any four small group
techniques.

a) Negotiation is essentially a dialogue between multiple parties to arrive at a resolution in the face
of a conflict. I agree with this viewpoint because small group facilitation techniques can help to
create a more inclusive and collaborative environment during negotiations. They can encourage
active participation from all parties involved, leading to a more balanced and fair outcome. The
two reasons why small group techniques can be effective are:
1. Negotiation is a time-bound process. The negotiators could use small group techniques as
an effective tool to manage time efficiently and more productively and work towards a
mutually beneficial resolution promptly.
2. The facilitator of the Small group technique carries out a fact-based session that will give
the participants a reality check whatever be their position in the negotiation. This will help
the conflicting parties in decision-making in an informed manner based on interest rather
than position. This allows for a thorough exploration of all possible options and encourages
the parties to move beyond rigid positions toward a more flexible and mutually beneficial
agreement. Additionally, the fact-based approach helps to clarify misunderstandings and
create a common understanding of the issues at hand, enabling the parties to make
informed decisions based on their shared interests.
b)

No SGT Purpose

1 Charette An intense, concentrated effort to address and resolve a design or


planning issue is referred to as a "charette". The goal of a charrette is
to create a master plan that embodies revolutionary community
change by utilizing the skills and energies of all interested parties in a
cooperative planning process. A negotiation charette, as modified for
negotiation, is a focused and cooperative session in which participants
gathers to address problems, propose creative solutions, and reach an
agreement in a limited amount of time.

2 Fish Bowl The negotiation discussion involves arranging chairs in two concentric
Technique circles: an inner circle for active participants and an outer circle for
observers. Participants in the inner circle express their views, make
proposals, and respond, while observers rotate into the inner circle for
active participation, facilitated at set intervals. This facilitates open
dialogue while participation and time for self-reflection while being the
observer

3 Nominal group The purpose of the NGT is to generate and prioritize ideas within a
Technique group while ensuring equal participation from all members. It involves
individuals brainstorming silently and independently, followed by each
member presenting their ideas one by one. This technique helps to
avoid dominant voices and encourages equal contribution from all group
members, leading to more diverse and creative solutions.
4 Step Ladder This technique makes sure that everyone gets a chance to speak,
technique which keeps a few people from controlling the entire conversation. A
more inclusive and participatory atmosphere is created by the gradual
inclusion of voices made possible by the sequential addition of
participants. Before entering the broader group, participants can
formulate their initial ideas in pairs, which helps avoid premature
consensus and promotes a variety of viewpoints. When reaching well-
informed and mutually agreeable decisions in negotiations, the Step-
Ladder Technique can be especially helpful because it allows for equal
participation and a diversity of perspectives.
5. Ethics are critically important in negotiation. (a) Briefly describe how ethics and morals differ.
(b) List and briefly describe the three schools of negotiation ethics identified by G. Richard
Shells.

a) Morals are the accepted behavioral norms that allow individuals to coexist peacefully in
communities. It tends to discriminate between right and wrong, good and bad. Moral standards
can vary from culture to culture. In negotiations, ethics can include standards of honesty,
equity, and fairness. However, situations can arise that, even with the best of intentions, force
you to act unethically. Morality is frequently predicated on one's own beliefs or gut feeling,
whereas ethics are typically founded on shared values and logical reasoning. Ury and Fisher
assert that occasionally, even the most morally inappropriate individual can prove to be an
effective and ethical negotiator.

b) According to G. Richard Shell, there are three schools of negotiation ethics (Enns, 2023)
namely:
i. Idealistic- According to Shell, those who belong to the Idealist school see negotiations as
important, consequential actions that are subject to the same laws and customs that guide a
just and fair society. Idealists consider honesty, integrity, and openness to be of utmost
importance. They always take a long-term approach, making sure to maintain both the
parties' relationship and their status. They frequently aim for win-win situations.

ii. Poker game - The followers of Poker school, unlike the idealistic school, view negotiation
as a game in which all tactics are permitted as long as they are lawful and fiduciarily
responsible, Along with all the minigames of table thumping, chicken, good cop-bad cop,
nibbling, salami slicing, and more, deceit and even outright lies are allowed. Since poker is a
game, players don't view this kind of negotiating behavior as indicative of a person's bad
character and aren't overly concerned about the relationship. In a match where there can
only be one winner and one loser, poker players compete to win.

iii. Pragmatic- The Pragmatist school called practical school lies between the Idealist and
Poker schools. With this more adaptable strategy, the negotiator adapts their morals to the
ethics and actions of their opponent as well as the negotiation's context. Reliability and the
bigger picture are valued by pragmatics, who would rather not lie but think it is reasonable to
reciprocate back what they are receiving from the other side of the table.
6. Conceptual constructs or typologies of negotiation distinguish between two broad types or
categories. (a) What are the two types? (b) List the alternative terms used for each type. (c) List any
two factors that distinguish the two categories.

1. Conceptual constructs or typologies of negotiation can be classified into two based on the
motive of the negotiator. They are:
1. Distributive Negotiation
2. Integrative Negotiation
2. Distributive negotiation, also known as competitive negotiation or positional bargaining,
is a process in which a single issue is typically the subject of negotiation. The solitary concern
frequently pertains to cost and is often associated with a bargaining process. This typically
culminates in an outcome referred to as "win-lose" or "fixed-pie" because one party typically
benefits at the detriment of the other.
Integrative negotiation, also known as Cooperative/ Collaborative negotiation, interest-
based bargaining, or Principled negotiation, often deals with 2 or more issues at a time.
Frequently, it entails a process of agreement that integrates the interests and aspirations of all
negotiating parties more effectively using creative and cooperative problem-solving. Complex
issues are typically negotiated with a greater emphasis on relationship-building than in
distributive negotiation. This typically culminates in an outcome referred to as a "win-win" or
"enlarged pie" because both parties benefit from the final deal.
3.

Issues dealt with Outcome


Distributive One issue mostly about the cost Win-lose

Integrative Multiple issues mostly complex Win-Win


ones
7. Negotiation, by any definition, is an integral part of everyday life. (a) In your view, or from the
seminar discussions in class, what makes negotiation unique as a subject of instruction and
research, and as a strategy? (b) Given the widespread view of urban planning as a design field,
clearly state three reasons why negotiation should be a critical part of every planning
curriculum.

a) Negotiating skills empower our business and domestic lives alike. Every day, conflicts
occur in human lives at different scales and across different social strata. It can be
anything from the executive committee of a multinational corporation to a nuclear family. As
a result, resolving conflicts through negotiation has integrated itself into daily existence.
Because of its interdisciplinary nature, adaptability, human-centric focus, and dynamic
nature across diverse fields and global contexts, negotiation stands out as a subject of
instruction, research, and strategy. It blends theoretical understanding with practical
expertise, making it a worthwhile and distinctive field of study and practice. There is no
one-size-fits-all strategy for negotiation; instead, it calls for flexibility and adaptability. In
contrast to other topics, negotiation is a complicated and multifaceted process, since it
involves two or more parties with competing interests. Furthermore, negotiation can be
studied and refined over time because it calls for a combination of analytical thinking,
effective communication, and interpersonal skills.

b) An area of study and inquiry that focuses on structuring the urban environment is called
urban planning. This practice, which encompasses several disciplines from social science
to engineering, was created to address issues brought on by cities and their rapid,
unplanned expansion. Fundamentally, the goal of city planning is to give citizens of both
new and established towns a secure, orderly, and pleasurable place to live and work. In
essence, this supports the main goal of protecting the public interest. Although urban
planning is frequently thought of as a design discipline, negotiation must be included in
planning curricula to provide students with a well-rounded education. The following three
factors support the idea that every planning curriculum should include negotiation:
1. Stakeholder Collaboration and Community Engagement: Urban planning encompasses
a variety of stakeholders, including businesses, government agencies, developers, and
members of the community. The ability to negotiate is crucial for encouraging cooperation
and settling disputes between people with different interests. Planners must interact with a
range of stakeholders to get feedback, resolve issues, and foster agreement on planning
projects. Through the mediation of disputes, the facilitation of positive discourse, and the
navigation of divergent points of view, negotiation skills help planners to promote
community involvement in the planning process.

2. Policy Implementation and Regulatory Compliance: In addition to making plans, urban


planning also entails carrying out policies and making sure that regulations are followed. To
resolve potential conflicts and navigate the difficulties of implementing policies, negotiation
skills are essential. To guarantee the efficient execution of planning policies, planners
frequently have to engage in negotiations with developers, government organizations, and
residents. Effective policy outcomes are facilitated by the use of negotiation skills in zoning
change negotiations, compromise-finding, and addressing legal and regulatory issues.

3. Resource Allocation and funding: Allocating resources is a common step in urban


planning projects. Securing funds, handling conflicting demands for resources, and
guaranteeing the effective use of those resources all require the ability to negotiate. To
secure funding for projects, planners regularly bargain with governmental agencies, private
investors, and other stakeholders. To achieve sustainable and effective urban
development, negotiation skills are essential for addressing financial constraints, balancing
the needs of various stakeholders, and making a strong case for resource allocation.
8. The outcome of the negotiation is to reconcile differences. Sketch and briefly describe all the
probable outcomes of any negotiation, according to the Thomas-Kilman framework.

The Thomas-Kilmann Framework identifies five possible outcomes in a negotiation, based on two
key dimensions: assertiveness and cooperativeness.

1. Win-Lose- This is usually the outcome of a Competitive negotiation which is high in


Assertiveness and low in Cooperativeness. One party pursues its concerns at the expense of
the other, seeking to win the negotiation.

2. Win-Win- This is usually the outcome of a Collaborative negotiation which is high


Assertiveness and high in Cooperativeness. Both parties work together to create value and find
a mutually beneficial solution, integrating their concerns and needs.

3. Compromise- Both parties reach a consensus. This outcome characterizes moderate


Assertiveness and moderate Cooperativeness. Both parties make concessions to reach an
agreement, finding a middle ground to meet their respective needs partially. The motive is
driven by the intention to keep relationships undamaged.

4. Lose-Lose – This outcome characterizes withdrawal or avoidance of the situation as a result of


low Assertiveness and low Cooperativeness. Parties sidestep the conflict without addressing
the underlying issues, often leading to a temporary resolution or delayed confrontation. This
might not be beneficial for all parties.

5. Lose-Win – Lose with is characterized by sacrifice and altruism as a result of low


Assertiveness and high Cooperativeness. One party prioritizes the concerns of the other,
sacrificing its interests to maintain harmony and achieve a resolution.

These outcomes represent different approaches to conflict resolution, and the most effective
strategy depends on the specific context and goals of the negotiation.
9. You have been asked by your city to draft not more than 12 principles of negotiation for planners in
the city. List what five of those principles would be.

1. Principle of Time Management - Frequently, negotiations are conducted under time


restrictions or deadlines. Effective time management is essential for dealing with the demands
of meeting deadlines, exerting influence over decision-making processes, and minimizing
unwanted delays. Effective time management enables negotiators to sustain forward
momentum during the course of the negotiation. Additionally, this would necessitate their ability
to swiftly adjust to new knowledge, evolving circumstances, or unforeseen advancements.
Additionally, effective time management requires punctuality and consideration for the time of
others. Promoting adherence to predetermined timetables cultivates a constructive environment
and bolsters the negotiating parties' credibility.
2. Principle of Process Management - The concept of process management in negotiation
pertains to the methodical and strategic approach employed by negotiators to direct and
regulate the negotiation procedure in and of itself. Efficient process management entails
organizing the negotiation in a manner that optimizes communication and increases the
likelihood of achieving a mutually advantageous accord. This entails establishing a well-defined
agenda and effectively communicating it to the negotiating parties in chronological order. The
agenda should specify the time allotted for each step, the topics to be discussed, and the order
in which they will be discussed. It is essential to conduct routine evaluations of the negotiation
process and look for opportunities for improvement. This necessitates introspection regarding
successful aspects and implementing modifications to optimize the efficacy of the negotiation
strategy.
3. Principle of Due Diligence - The negotiation principle of due diligence underscores the
significance of conducting extensive research, adequately preparing, and thoughtfully
evaluating pertinent information before and throughout the negotiation proceedings. This
principle acknowledges that negotiators who have sufficient information are more capable of
formulating strategic decisions, recognizing potential risks and opportunities, and generating
value for all participating entities. The negotiator must recognize and comprehend the interests,
motivations, and priorities of each of the parties involved in the negotiation. Furthermore, they
are obligated to establish and articulate their objectives and expectations for the negotiation, as
well as guarantee that every term is straightforward and mutually agreed upon. they also have
to constrain the negotiation process and results to adhere to all applicable laws and regulations.
4. Principle of Interpersonal relationship - Human interactions, motivations, and perceptions
comprise the essence of negotiation. It is also crucial to comprehend the psychological and
emotional dimensions of negotiation in addition to the strategic and tactical components. As
emphasized by the principle of interpersonal relationships in negotiation, establishing and
maintaining positive relationships with all parties involved in the negotiation is crucial. Efficient
interpersonal abilities promote collaboration, trust, openness, and empathy, thereby
establishing a setting that is favorable for fruitful negotiations. Adopting a rigid position can
impede the development of relationships and potentially result in a deadlock. Intriguing
compromises and a readiness to consider innovative resolutions are both effective means of
fostering stronger interpersonal bonds. Acknowledging and respecting the diverse viewpoints
and cultural differences that may influence decision-making and communication can
significantly contribute to the development of a harmonious relationship.
5. Principle of Integrity - Integrity in negotiation is founded on the tenets of honesty, ethical
conduct, and the preservation of excellent character during the entirety of the negotiation
procedure. It emphasizes the significance of conducting negotiations with a commitment to
truthfulness, equity, fairness, and transparency. Misinterpreting facts, offering misleading
information, and engaging in unethical practices, such as bribery or deception, are to be
abstained from as per the principle. Also, ensure that any information disclosed during the
negotiation remains confidential. Consensus should be obtained before sensitive information is
disclosed, and all parties should have confidence that their data is being managed with
confidentiality. Maintain a respectful demeanour toward all parties and ensure that the terms of
the negotiation are reasonable and fair for all.
10. Briefly describe, in text and graphics, the phases of the trajectory of negotiating with an intransigent
person from whom you know you will walk away without reaching a compromise.

It can be difficult to negotiate with someone who is unaccommodating and intransigent, and there
are usually distinct stages that follow before you realize that a compromise is unlikely.

1. Understand and Respect- Efforts


are made to constructively engage the
difficult party at the outset of the
negotiation.

2. Tolerance- The Indicators of


intransigence express themselves
through dismissive behavior, rigid
stances, or a refusal to listen. Despite
obstacles, efforts are undertaken to
identify shared interests and
investigate possible concessions.

3. Ignore and Tune out A critical


evaluation of the situation takes place.
Ignoring and tuning out involves deliberately disregarding certain behaviors, statements, or
provocations from the other party during a negotiation as a coping mechanism.

4. Walk Away- By recognizing the deadlock, negotiators concede that it is impossible to reach a
compromise. Without reaching a compromise, the decision is reached to withdraw from the
negotiation.

Strategic decision-making and careful evaluation are necessary for identifying the phases and
deciding to withdraw without reaching a compromise. Consistent improvement in handling complex
negotiation scenarios necessitates the practice of post-negotiation reflection.
11. Briefly and clearly state any four pieces of advice you would give a negotiation party who brags to
you that they are going to a negotiation session to give the other parties “a piece of their mind.”
Before engaging in negotiations, it would be advantageous to undertake certain psychological and
intellectual preparations instead of acting impulsively. Adopting a calm and collected mindset is
crucial when entering negotiation sessions to optimize the final result. This would enhance the use
of logical and creative thinking. Effective negotiation does not rely on a single, easily attainable
solution. It is multi-faceted and requires a comprehensive understanding of the predicaments and
the interests of the parties involved. The following advice would be worth considering which could
help a negotiator sail the boat smoothly:
1. Preparation is the Key: Acquire all relevant information before commencing your negotiation
such as the requirements or necessities of the parties in question, the sources of pressure that
they experience, the alternatives available to them, and so on. Completing your homework is
crucial for achieving success in negotiation. Without comprehending the opposing party's
circumstances, it is impossible to formulate precise judgments. Enhancing your knowledge
about the individuals involved in the negotiation process will significantly reinforce your position.
For example, individuals who consistently neglect to take advantage of available financial
opportunities likely do so due to a lack of thorough research and preparation. Negotiators are
more effective when they are self-aware as well. Use the Johari Window Framework to
understand one and the others through acknowledging the open, hidden, blinded, and unknown
areas.
Preparation occurs in two distinct areas. Initially, a negotiator must possess a comprehensive
understanding of the fundamental structure of the negotiation. Furthermore, a negotiator must
meticulously devise their strategy for the negotiation.
2. Clear Communication: Negotiation begins with a clear, concise explanation of the problem as
each person sees it. Clarity is paramount. Clearly articulate your position, interests, and
expectations through verbal and non-verbal communication. Verbal communication needs to be
concise, complete, coherent, respectful, logical, and accurate. Use straightforward language to
avoid misunderstandings. The same can be accentuated with non-verbal cues such as eye
contact, gestures, facial expressions, body posture, and movements. Building a positive
relationship with the other party also can facilitate smoother communication. Establishing rapport
can create a more collaborative atmosphere and increase the likelihood of reaching a mutually
satisfactory agreement. Effective communication also involves active listening for you to
understand the other party's perspective.
3. Active listening: Acknowledging and understanding the concerns of all parties can lead to more
collaborative and mutually beneficial outcomes. This can be experienced firsthand by listening to
the opposite parties. Good negotiators demonstrate the practice of valuing and respecting the
other party's time, which involves employing techniques such as active listening. Pay close
attention and recognize the content of the communication. By actively listening, you can
comprehend their perspective, empathize with their emotions, and perceive the intended
message they are conveying. The process promotes specific behaviors aimed at fostering
mutual understanding and respect between the parties, such as utilizing nonverbal cues,
employing paraphrasing techniques, and demonstrating patience while the other party is
speaking. Ask them to spell out exactly what they mean or repeat ideas if they are unclear to
you.
4. Finding Common ground: Negotiation is often more successful when parties find shared
interests and work towards solutions that benefit everyone involved. Encourage a collaborative
mindset rather than a competitive one. Many negotiators fail to recognize how to create value
with the interests of the other party, which causes them to lose more value or end up walking
away from the negotiation. You can find quick ways to add value to each other without losing out
on your own when you are listening to them and dragging their attention to your communication
and thus identifying needs. An integrative approach to negotiation would be mutually beneficial
to optimize the outcome.
12. Complete the table below by filling in the concept or definition as applicable.

Concept Definition

Value creation A component of win-win negotiation is where the agreement benefits both
parties.

Golden Rule Treating other negotiation parties as you would like to be treated.

BATNA Best Alternative to a Negotiated Agreement The alternative course of


action that you will pursue if your proposed agreement fails to materialize
or leads to an unsatisfactory outcome.

Quivering quill The demand for relatively minor concessions that have not been
previously addressed, right before finalizing the deal.

Halo Effect When we assume that the people we like can make no mistake.

Prisoner’s A scenario where the parties get a chance to determine whether or not
dilemma they should honor the agreement reached following a meeting or
negotiation, to serve self-interests.

Winner’s curse When a less ambitious negotiator enters a negotiation with too low of a
target or aspirations (goals or objectives) and is given an instant
agreement by their counterpart.

Acceptance time Giving negotiation parties time to think about an agreed-upon offer before
signing the offer.

Ambit claim An exorbitant initial request was made with the anticipation of a
subsequent counterproposal and negotiation.

Personal closure When negotiators themselves mentally 'seal the deal' before the other
trap parties do, they think that they have reached a beneficial agreement.

Handshake/Verbal When one assumes that they reached an agreement when there is no
agreement written proof

ZOPA Zone Of Possible Agreement" refers to the range or scope within which all
the parties involved in the negotiation process find the terms of an
agreement acceptable.

Reverse golden Treat people the same way that they treat you.
rule

Reservation price/ When one decides to leave the negotiation table and walk away if a
walkaway point resolution is outside their ZOPA.

Shuttle diplomacy Negotiation involves a mediator who travels and facilitates discussions
between two or more parties that are unwilling to engage in direct
communication.
13. Briefly describe or summarize any ONE insight that you gained from the contribution of each of
the following to negotiation discourse or research. (a) R. Cialdini (b) E. DeBono (c) W. Marston

a) Robert B. Cialdini- Cialdini’s 6 Principles of Persuasion are:


1. Reciprocity: It is human nature for people to repay favors.
2. Scarcity: Things become more desirable the less readily available they are.
3. Authority: People are more inclined to abide by the requests of people in positions of
authority.
4. Commitment and Consistency: People aspire to behave in a way that is consistent with
their prior beliefs and commitments.
5. Liking: People we know and like have a higher chance of getting our "yes."
6. Social Proof/Consensus: When faced with uncertainty, people often act by others.

You can influence and persuade people by being aware of these rules. In his book "Influence:
The Psychology of Persuasion," Cialdini uses psychological research and real-world examples
to demonstrate how these ideas can be used morally or unethically for one's benefit. He
underlines that by comprehending these ideas, people can become less susceptible to
manipulation and be in a position to positively and morally influence others. The realization that
negotiations are not only rational processes but also heavily impacted by psychological factors
is the main takeaway from Cialdini's contributions. Through comprehension and implementation
of these principles, negotiators can effectively navigate the intricacies of human behavior,
cultivate more robust relationships, and ultimately attain more advantageous results.

b) Edward de Bono - The "Six Thinking Hats" methodology, developed by Edward de Bono,
provides a structured approach to thinking and decision-making, which can be especially
helpful when negotiating. In addition to allowing emotion and skepticism to enter what would
otherwise be a strictly rational process, the methodology and process also foster creativity in
decision-making.

There are six categories of "Thinking Hats":


1. White Hat: This way of thinking emphasizes analytical, objective reasoning with a focus on
facts and viability. It is comparable to the serene, unadulterated feelings connected to the color
white.
2. Red Hat: Since red is frequently associated with heat and rage, this symbol stands for
emotional thinking as well as subjective feelings, perception, and opinion.
3. Black Hat: Because the color black is conventionally associated with negativity, it fosters a
critical, skeptical mindset that is risk-averse, problem-focused, and risk-aware.
4. Yellow Hat: Often representing joy and sunshine, the yellow hat encourages optimistic,
speculative thinking.
5. Blue Hat: Blue, the color of the sky and the upper atmosphere, fosters organized thought
and a high-level perspective of the issue.
6. Green Hat: Symbolic of nature and trees, the green hat represents innovative, associative
thinking, brainstorming, and thinking outside the box.

The key takeaway from de Bono's research is how crucial it is to intentionally foster creativity
and think outside the box when negotiating. By avoiding pitfalls and gaps before making a
decision, decisions made with the Six Thinking Hats technique can be more resilient and
grounded in a holistic viewpoint.

c) William Moulton Marston - Though he is most recognized for having created the Wonder
Woman comic book character, William Moulton Marston also made important contributions to
our knowledge of personality, behavior, and communication. Among Marston's notable
accomplishments is the creation of the DISC model, a behavioral self-assessment instrument.

The four main personality traits identified by the DISC model are:
1. Dominance: Individuals with high dominance tend to be straightforward, forceful, and goal-
oriented.
2. Influence: Those with high Influence scores are frequently gregarious, vivacious, and
convincing.
3. Steadiness: Individuals with high Steadiness scores are frequently understanding, trustworthy,
and encouraging.
4. Conscientiousness: Individuals with high Conscientiousness tend to be systematic, analytical,
and detail-oriented.

William Moulton Marston's contributions to the field of interpersonal dynamics through the DISC
model include the identification of various communication styles and their effects. It offers a
useful perspective for comprehending human behavior through the way they communicate. By
using these insights during negotiations, one can enhance relationship-building,
communication, and the overall success of the negotiation process.
14. List and briefly describe the three conceptual scenarios of negotiation postulated by Ury, Brett,
and Goldberg.

In the first chapter of the book ‘Getting Disputes Resolved’


by Willian Ury, Jeanne Brett, and Stephen Goldberg, they
explain three approaches to addressing disputes. To
provide a framework for the discussion, three hypothetical
scenarios were devised, each centered around Interests,
Rights, and Power. People have specific interests at
stake when there is a dispute. In addition, some relevant
rights or criteria act as guidelines for a fair resolution.
Moreover, there exists a degree of power equilibrium
among the involved parties. Thus, interests, rights, and
power are the three essential elements of any conflict.
They claim that balancing interests generally results in
more satisfying outcomes and is less expensive than
proving who is correct, which is less expensive and more
satisfying than proving who is more powerful. Therefore,
creating a system where the majority of disputes are
settled by balancing interests is the aim of designing
dispute systems. (Ury et al., 1988)

Scenario 1: Interest based-Reconciling underlying interests

Interests consist of one's wants, needs, concerns, fears, and desires. People's positions are
founded upon the tangible items that they assert their desire for. We refer to negotiations that are
predominately concerned with interests as "interests-based," as opposed to negotiations that are
"rights-based" or "power-based." Problem-solving or principled negotiation is an alternative
terminology for interest-based negotiation. It derives its name from the approach that regards a
dispute as a shared challenge that both parties strive to resolve. Balancing these competing
interests is a challenging task. It entails identifying underlying issues, formulating innovative
resolutions, and navigating situations where competing interests necessitate compromises and
concessions. On certain occasions, the opposing side refuses to budge from their positions, resorts
to personal attacks, prioritizes self-serving objectives, and generally declines to engage in
principled negotiations. When confronted with opponents who become stuck in positional
bargaining, Ury, Brett, and Goldberg advise maintaining the principled approach. As noted by the
authors, this methodology is frequently contagious. To initiate the process of reconciling interests,
disputants might find it necessary to express their emotions. When animosity is diminished, it
becomes simpler to resolve the dispute based on shared interests. A special place is reserved for
emotional expressions in particular types of interest-based negotiation and mediation.

Scenario 2: Power-based –Determine who has more power. (Ury et al., 1988)
No negotiation strategy can entirely surpass power differentials. In a narrow sense, Ury, Brett, and
Goldberg define power as the capacity to compel an individual to perform an action that they would
not have otherwise considered. Utilizing power typically entails imposing or threatening to impose
costs on the other side. Power can be exercised in two ways:
- acts of aggression, such as sabotage or physical attack, and
- withholding the benefits that derive from a relationship, as when employees withhold their labor in
a strike.
Certain negotiations center on the determination of power dynamics, as is the case when nations or
neighboring countries engage in a cycle of threat-and-counterthreat exchanges. The determination
of power dynamics within interdependent relationships, such as those between labor and
management, organizations, or families, is contingent upon which party is less reliant on the other.
There are two distinct categories of power procedures: power-based negotiation, which is
distinguished by the exchange of threats; and power contests, which involve the parties undertaking
actions to ascertain the victor. It is difficult to ascertain which party is more powerful in the absence
of a destructive and decisive power struggle because power is ultimately a matter of perception.

Scenario 2: Rights-based- determine who is right

By no means is the goal of all negotiations (or mediations) to balance interests. Certain negotiations
center on proving the other person correct, like when two attorneys dispute over which of their
cases is stronger. To decide who is correct, one might rely on an impartial, independent standard
that is thought to be legitimate or equitable. Therefore, we refer to these independent standards
collectively as "Rights" in shorthand. It can be very difficult to agree on rights when the outcome will
decide who gets what. As a result, the parties often look to a third party to decide who is right.
Adjudication is the quintessential rights procedure, where parties in dispute submit their case and
supporting documentation to an impartial arbiter with the authority to render a legally binding ruling.
Administrative agencies and courts provide public adjudication. Arbitrators provide private
adjudication.
15. (a) List and briefly describe any four of Hofstede’s cultural dimensions of negotiation.
(b) Briefly explain how each of these applies or does not apply in an Islamic society/culture.

a) In his seminal examination of cultural variations among contemporary nations, Geert Hofstede
delineated four distinct dimensions of cultural value and cross-cultural research has explored
seemingly all aspects of behavior. They are:
1. Individualism - collectivism - Individualistic societies, according to Hofstede's research,
expect individuals to provide for the needs of themselves and their immediate families only.
Personal ambitions will have a big impact on negotiators from individualist societies.
Individualistic cultures will emphasize task issues more during negotiations. The practice of
separating issues from individuals, which is prevalent among task-frame view negotiators,
implies an individualistic value system. In collectivist cultures, on the other hand, individuals
perceive themselves as members of larger groups, which include extended family members
and are expected to assume the responsibility of caring for one another. In cultures
characterized by collectivism, where interpersonal connections take precedence over
material concerns, the individuals involved become inseparably connected to the matters at
hand.
2. Power distance – According to Hofstede (2001), the significance of the negotiators' status
is influenced by Power Distance. Low Power Distance cultures, in Hofstede's opinion, tend
to downplay the significance of inherited privilege and status. Positions within the
organizational hierarchy are flexible; respect is earned by individuals at all levels based on
their ability to complete tasks successfully and their level of knowledge. In high Power
Distance cultures, on the other hand, inequality between individuals is both expected and
desired. The reverence or respect for power will guide how to lead a negotiation. The
prominence of protocols will be high. Seniority and high standing within the company
hierarchy are the foundations of respect. People with relevant capabilities are more likely to
be appointed to a specific negotiating team by members of low Power Distance cultures,
whereas members of high Power Distance cultures are more likely to choose members of
the negotiating team based on status-related considerations. When choosing negotiators,
cultures with high Power Distance will prioritize status over skill.
3. Monochronic - polychronic - The value that every party places on time is indicated by this
dimension. Monochronic negotiators consider time to be worth more than money. They
follow predetermined schedules and set agendas for meetings. Polychronic cultures'
negotiators hold that time is never wasted. They believe that developing a rapport with their
counterparts and getting to know them is more significant than sticking to a set timetable.
The actual amount of time spent debating and resolving problems is insignificant. In
polychromic culture, things appear to be constantly changing. Nothing is set in stone or
definite, and even significant plans can change right up until the last minute.
4. Masculinity-femininity - Ego enhancement strategies are typical of masculine orientations,
and masculine cultures emphasize toughness, competition, and assertiveness. Male-
dominated cultures have members who are competitive and more likely to settle differences
through means of competition. People from masculine cultures are aggressive, competitive,
assertive, and decisive. Cooperation and compromise are not ideals, as the latter requires
relinquishing a portion of one's desires, which results in a diminished benefit compared to
what could have been achieved. In feminine cultures, conflict resolution is more frequently
achieved through problem-solving. Feminine orientation is distinguished by its emphasis on
relationship enhancement techniques. In addition to emphasizing nurturing, feminine
cultures prioritize relationships and the natural environment. Female-dominated cultures
produce individuals who are cooperative, consensus-oriented, and intuitive as opposed to
decisive.

b) Islamic society and Hofstede’s cultural dimension for negotiation: Islamic societies
recognize and honor authority, particularly when it comes to matters of faith and family, and
frequently display a moderate to high power distance. Additionally, monarchy is the most
common political structure. But Islam promotes social justice, which could lessen pronounced
disparities in power. Islamic culture emphasizes family and community ties, with a tendency
toward collectivism. Individual identity is respected, but the good of the group is frequently
given priority. While Islamic societies are diverse, many of them exhibit a synthesis of feminine
and masculine ideals. Islam encourages qualities such as courage and assertiveness
(masculine) as well as compassion and humility (feminine). Similar to other cultural or religious
groups, Islamic societies can exhibit both polychronic and monochronic tendencies, and the
degree to which these tendencies are emphasized can differ among communities and regions
with a majority of Muslims. The religion recognizes the value of time, beginning with the
punctuality with which people fulfill their obligatory prayers.

Your Name_ Sania Shanavaz________ ID#_______g00095704___________

Due at 11:59 P.M. on Nov. 29, 2023. Any paper after this deadline will be rejected.
References

1. Enns, B. (2023, July 24). The Conflicting Ethics of Selling & Negotiating. Win Without Pitching.
https://www.winwithoutpitching.com/the-conflicting-ethics-of-selling-negotiating/
2. Fisher, R., Ury, W., & Patton, B. (1991, January 1). Getting to Yes. Houghton Mifflin Harcourt.
https://books.google.ae/books?id=sjH3emOkC1MC&lpg=PP1&dq=Getting%20to%20Yes%3A%20Negotiating%20Agr
eement%20without%20Giving%20In&pg=PR17#v=onepage&q&f=false
3. Ury, W. L., Brett, J. M., & Goldberg, S. B. (1988, November 25). Getting Disputes Resolved. Jossey-Bass.

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