Agreement, 39–41
A
Adams, Gerry, 194–195
Adams, John, 52
Agreement on Ending the War and Restoring Peace in Vietnam, 103
Alexander II, 164
alternatives, analyzing, 162–163
ambiguity. See strategic ambiguity.
analysis-paralysis, 104
Aniston, Jennifer, 111
Anti-Federalists, 66
apologizing for offers, 36–37
appropriateness, logic of, 30–37
AS (active surveillance) for prostate cancer, 28–37
audience, preparing for your argument, 133–134
audience problem, 14
B
backing down from demands, 12–13
barriers to empathy, 142–143
behavior, explaining vs. justifying, 128, 141–142
boilerplate, 33–34
books and publications
3D Negotiation, 163
“The Agnostic Cartographer,” 181
Agreement on Ending the War and Restoring Peace in Vietnam, 103
Diplomacy, 95
Getting Past No, 19
Great Hatred, Little Room, 185
Talking to Terrorists, 194–195
“Vices of the Political System of the United States,” 63
Boylan, Arthur, 8
breach of agreement. See reneging on an agreement.
breaking deadlocks, 14
bridging, 151–153. See also reframing.
Bush, George W., 45
C
Caribbean Crisis. See Cuban Missile Crisis.
cartography, role in negotiations, 180–188
case studies
contract renewal, 53–54
deadlocks. See deadlocks, case studies.
empathy. See empathy, case studies.
framing. See framing, case studies.
Iraq War, 45–50
NPT (Non-Proliferation Treaty), 38–44
in peacemaking. See peacemaking, case studies.
process. See process, case studies.
resistance to change. See prostate cancer treatment protocol.
strategic ambiguity, 38–44
US–India civil nuclear agreement, 38–44
Castro, Fidel, 124–125
Catholics, in Northern Ireland, 193–195
changing landscapes, 164
Cialdini, Robert, 31
civilian nuclear agreement. See NPT (Non-Proliferation Treaty).
clarifying conditions, 154–155
clarity on process
definition, 72
failure to achieve, 75
Collins, Michael, 186
commercial agreements
with a company in China, 135–141
with an international corporation, 154–155
royalty rates, 24
commitment to process
definition, 72
displaying, 112
failure to achieve, 75
compliance with appropriate behavior, ensuring, 42–43
concessions, labeling, 113–116
conditions, clarifying, 154–155
confirmation bias, 168–169
conflict, social construction of, 183–184
Congress of Vienna, 90–91
consensus on process, 83–85
constraints, analyzing, 162–163
contract renewal, 53–54
cornering yourself or your opponents, 131–132
cost-benefit analysis, 30–37
credibility
definition, 130
safeguarding, 116–117
vs. strategic flexibility, 130
Cuban Missile Crisis, 122–133, 169, 182
current reality, 186–187
curse of knowledge, 132–133
Day of Catastrophe (Naqba), 184–185
deadlocks
audience problem, 14
breaking, 14
creating value, 177
definition, 5
over incompatible positions, 13
partners vs. opponents, 176
preempting vs. resolving, 54–56
zero-sum problem, 14
deadlocks, case studies
commercial agreements, 24
royalty rates, 24
decision making
apologizing for offers, 36–37
cost-benefit analysis, 30–37
justifying offers, 36–37
leveraging social proof, 31–32
the logic of appropriateness, 30–37
promise and perils of uniqueness, 32
setting the default option, 32–34
shifting the reference point, 34–36
value proposition, 37
default option, setting the, 32–34
diffusing the spotlight, 23–24
Diplomacy, 95
DUP (Democratic Unionist Party), 194–195
dynamic assessment, 164
E
Ehdaie, Behfar, 29–37
empathy. See also mapping the negotiation space; partners vs. opponents.
avoid cornering yourself or your opponents, 131–132
barriers to, 142–143
the beginning of history, 185–186
bridging, 151–153
characteristics of great negotiators, 134
clarifying conditions, 154–155
confirmation bias, 168–169
creating options, 126–127
creating slack in triggers for retaliation, 129–130
current reality, 186–187
curse of knowledge, 132–133
explaining behavior vs. justifying it, 128, 141–142
forgetting the past, 186–187
premature strategy selection, 168–169
preparing your argument vs. preparing your audience, 133–134
psychological barriers, 142
social construction of conflict, 183–184
strategic flexibility vs. credibility, 130
structural barriers, 142
tactical barriers, 143
for those who least deserve it, 128
timing of negotiations, 147–148
understanding the sacred, 184–185
working the whole body, 143–144
empathy, case studies
cartography and linguistics, 180–188
commercial agreement with company in China, 135–141
Cuban Missile Crisis, 122–133, 169
Houston Rockets draft pick, 167–168
an international corporation, 154–155
Israel/Palestine agreement, 184–185
a JDA (Joint Development Agreement), 135–141
Louisiana Purchase, 156–166
map of India, 180–188
modernity in Saudi Arabia, 149–150
partners vs. opponents, 171–175
teacher salaries, 152–153
value-maximizing outcomes, 171–175
ensuring the opponent’s safety, 19–20
examples. See case studies.
F
FARC (Revolutionary Armed Forces of Colombia), 82–83
Federalists, 66
final agreement, 86
first-mover advantage
in framing, 52–53
setting defaults, 33
flexibility
process, 78–79
structure, 26
style, 26
forgetting the past, 186–187
forward momentum, preserving, 82–83
framing. See also reframing.
apologizing for offers, 36–37
building trust, 19–20
challenging a disadvantageous frame, 115–116
cost-benefit analysis, 30–37
decision making, 30–37
definition, 11
diffusing the spotlight, 23–24
ensuring the opponent’s safety, 19–20
flexibility on style and structure, 26
getting unstuck as a short-term goal, 26
high-leverage moments, 56–57
holding firm on substance, 26
incompatible positions, 25
justifying offers, 36–37
leveraging social proof, 31–32
limits of, 45–50
the logic of appropriateness, 30–37
negotiating issues simultaneously, 22–23
one-issue negotiations, 21–22
optics of the deal, 18–19
package offers, 22–23
positions vs. interests, 25
promise and perils of uniqueness, 32
relationships based on equality, 57
resistance to change. See prostate cancer treatment protocol.
selling the deal, 19–20
setting the default option, 32–34
shifting the reference point, 34–36
splitting issues, 24
strategic ambiguity, 38–44
unmasking underlying interests, 25
value proposition, 37
writing the opponent’s victory speech, 19–20
framing, case studies
commercial agreements, 15–18
Iraq War, 45–50
prostate cancer treatment protocol, 28–37
royalty agreement, 15–18
France, and the Napoleonic Wars, 89–91, 93–94
Friends TV show, 109–117
George, Lloyd, 186
Germany, after WW I, 89–91, 93–94
Getting Past No, 19
getting unstuck as a short-term goal, 26
good fortune, preparing for, 165–166
Good Friday Agreement, 193–195
Google map sites, 181
Great Hatred, Little Room, 185
Great Negotiator Award, 134
Gulf of Tonkin incidents, 98
Gulf of Tonkin Resolution, 98
H
Hamilton, Alexander, 165
Harden, James, 167–168
Hattusili III, 1
high-leverage moments in framing, 56–57
history, beginning of, 185–186
Houston Rockets draft pick, 167–168
human interaction, role in negotiation, 5, 197–198
Hussein, Saddam, 45
Hyde Act (2006), 39
I
Ibn Saud, 149–150
ICAP (Interests, Constraints, Alternatives, Perspective) analysis, 162–163
implementing the results of process, 65–66
incompatible positions, 25
Independence Day (Yom Ha’atzmaut), 184–185
India–US civil nuclear agreement, 38–44
insufficient groundwork for process, 104
interests
analyzing, 162–163
underlying, unmasking, 25
vs. positions, 25
international corporation, commercial agreement with, 154–155
IRA (Irish Republican Army), 193–195
Iraq War, 45–50
Israel/Palestine agreement, 184–185
J
JDA (Joint Development Agreement), 135–141
Jefferson, Thomas, 52, 158–159, 165
JFK. See Kennedy, John F..
Johnson, Lyndon, 98–103
justifying offers, 36–37
K
keeping your word, 116–117
Kennedy, John F., 122–133, 169, 182, 188
Kennedy, Robert, 122–123, 128, 131–132
Khrushchev, Nikita, 123–127, 131, 182
Kissinger, Henry, 95
Koh, Tommy, 54–56
L
labeling concessions, 113–116
Lax, David, 163
LeBlanc, Matt, 114–115
legitimacy, process as proxy war for, 105–106
leverage, process as proxy war for, 105–106
leveraging social proof, 31–32
linguistics, role in negotiations, 180–188
Livingston, Robert, 156–158
lockouts
definition, 80
logic of appropriateness, 30–37
Louisiana Purchase, 156–166
low bar for progress, high bar for agreement, 85
M
Madison, James
Louisiana Purchase, 157–159
negotiating the US Constitution, 61–64, 155
mapping the negotiation space
action away from the table, 163–165
alternatives, analyzing, 162–163
changing landscapes, 164
constraints, analyzing, 162–163
creating option value, 166–168
description, 161
dynamic assessment, 164
ICAP analysis, 162–163
improving positioning, 166–168
interests, analyzing, 162–163
Louisiana Purchase, 156–165
perspective, analyzing, 162–163
preparing for good fortune, 165–166
relevant parties, 161
role of third parties, 163–165
static assessment, 164
strategic assessment, 164
trilateral thinking, 160–161
maps
Google map sites, 181
role in negotiations, 180–188
McGuinness, Martin, 185, 194–195
McNamara, Robert, 124
McNealy, Scott, 68–70
mediator’s tactic, 73
Mohammed III, 52
Monroe, James, 159
Morey, Daryl, 167–168
Moroccan-American Treaty of Friendship, 51–52
MSKCC (Memorial Sloan Kettering Cancer Center), 28
N
Napoleon, 156–164
Naqba (Day of Catastrophe), 184–185
Nationalists, 193–195
negotiation
crucial levers. See empathy; framing; process.
definition, 4–5
in human interaction, 197–198
one-issue, 21–22
on simultaneous issues, 22–23
tactics vs. principles, 196–197
timing of, 147–148
negotiation space, mapping. See mapping the negotiation space.
negotiators, characteristics of, 134
Negroponte, John, 46
NFL negotiations, 8–14, 23–24, 177
NHL strikes and lockouts, 80–81, 147–148, 177
NLF (National Liberation Front), 98
normalizing process, 72–75
Northern Ireland conflict, 185–186, 193–195
NPT (Non-Proliferation Treaty), 38–44
NSG (Nuclear Suppliers Group), 39
nuclear agreement between the US and India. See NPT (Non-Proliferation Treaty).
O
October Crisis. See Cuban Missile Crisis.
one-issue negotiations, 21–22
123 Agreement, 39–41
opponents vs. partners. See partners vs. opponents.
optics of the deal, 18–19
option value, creating, 166–168
order-of-speaking negotiations, 100–103
package offers, 22–23
Paisley, Ian, 194–195
Palestine/Israel agreement, 184–185
parasitic agreement, 48–50
parasitic value creation, 49
Paris Peace Accords, 103
partners vs. opponents
case study, 171–175
creating value, 176
deadlocks, 176
imagining the impossible, 178–179
ugly conflicts, 176
value-maximizing solutions, 177
peacemaking, case studies
Congress of Vienna, 90–91
France, and the Napoleonic Wars, 89–91, 93–94
Germany, after WW I, 89–91, 93–94
Paris Peace Accords, 103
between warring factions, 55–56
peacemaking, underinvestment in process during time of peace, 95–97
perspective, analyzing, 162–163
Pierce, William, 67
positioning, improving, 166–168
positions vs. interests, 25
Powell, Johnathan, 185, 194–195
preempting deadlocks vs. resolving, 54–56
preserving forward momentum, 82–83
principles, vs. tactics, 196–197
process
achieving full agreement, 78–79
addressing substantive concerns, 108
analysis-paralysis, 104
bypassing, 104–105
challenging destructive patterns, 115–116
clarity and commitment, 72, 75
consensus, 83–85
definition, 64
desire for strategic flexibility, 104
elements of, 64–65
final agreement, 86
flexibility, 78–79
implementation, 65–66
insufficient groundwork, 104
keeping your word, 116–117
labeling concessions, 113–116
low bar for progress, high bar for agreement, 85
mediator’s tactic, 73
negotiating before substance, 70–71
negotiating in parallel with substance, 108
normalizing, 72–75
order-of-speaking negotiations, 100–103
preparing for, 67
preserving forward momentum, 82–83
proxy wars for leverage and legitimacy, 105–106
reasons for getting stuck, 103–104
resolving residual conflict, 91–92
rules of engagement, 109–117
safeguarding credibility, 116–117
seeking equality and not advantage, 108
shaping, 63–65
showing commitment to, 112
staying at the table, 92–94
sufficient consensus, 84–85
synchronizing with other parties, 71
table-shape negotiations, 99–103, 105–106
taking a stand on, 106–108
transparency in the bargaining process, 86–88
underinvestment during time of peace, 95–97
vs. substance, 104–106
without a seat at the table, 94
process, case studies
Friends TV show, 109–117
negotiating a strategic partnership, 106–107
negotiating the US Constitution, 60–63
NHL strikes and lockouts, 80–81, 147–148
reneging on an agreement, 68–70, 77
Vietnam War, 98–103
prostate cancer treatment protocol, 28–37
Protestants, in Northern Ireland, 193–195
proxy wars for leverage and legitimacy, 105–106
PSA (prostate-specific antigen), 28
psychological barriers to empathy, 142
psychological lens, 11
R
Ramesses II, 1
Randolph, Edmund, 63
reference point, shifting the, 34–36
reframing. See also framing.
bridging, 151–153
as early as possible, 53–54
ultimatums, 146
yielding, 150–151
relationships based on equality, 57
relevant parties, 161
reneging on an agreement
managing risk of, 76
walking away from, 76–78
residual conflict, resolving, 91–92
resistance to change. See prostate cancer treatment protocol.
Resolution 1441, 46
resolving deadlocks vs. preempting, 54–56
resolving residual conflict, 91–92
Revolutionary Armed Forces of Colombia (FARC), 82–83
Rice, Condoleezza, 40–41
rules of engagement, 109–117
S
the sacred, understanding, 184–185
safeguarding credibility, 116–117
safety, ensuring for the opponent, 19–20
Saudi Arabia, selling modernity, 149–150
Schwimmer, David, 109–116
Sebenius, James, 163
Shay’s Rebellion, 60–61
slack in triggers for retaliation, creating, 129–130
social construction of conflict, 183–184
social proof, leveraging, 31–32
splitting issues, 24
static assessment, 164
staying at the table, 92–94
strategic ambiguity
case studies. See Iraq War; NPT (Non-Proliferation Treaty).
compliance with appropriate behavior, 42–43
description, 41–42
in early relationships, 42–43
parasitic agreement, 48–50
parasitic value creation, 49
as substitute for agreement, 47
tradeoff between current and future conflicts, 47–48
when there is no substantive agreement, 48
strategic assessment, 164
strategic flexibility, 130
strategic partnership, negotiating, 106–107
strategy, selecting prematurely, 168–169
strikes
definition, 80
structural barriers to empathy, 142
structure, flexibility, 26
style, flexibility, 26
substance
holding firm on, 26
negotiating in parallel with process, 108
vs. process, 104–106
sufficient consensus, 84–85
T
table-shape negotiations, 99–103, 105–106
tactical barriers to empathy, 143
tactics vs. principles, 196–197
Tallyrand, 93
teacher salaries, 152–153
third parties, in mapping negotiation space, 163–165
Third UN Conference of the Law of the Sea (1973–1982), 54
3D Negotiation, 163
transparency in the bargaining process, 86–88
treaties
Moroccan-American Treaty of Friendship, 51–52
NPT (Non-Proliferation Treaty), 38–44
oldest in US history, 51–52
Treaty of Kadesh, 1–2
Treaty on the Non-Proliferation of Nuclear Weapons, 38–44
Treaty of Kadesh, 1–2
Treaty on the Non-Proliferation of Nuclear Weapons, 38–44
trilateral thinking, 160–161
trust, building, framing, 19–20
U
U-2 spy plane, 129–130
ugly conflicts
creating value, 177
definition, 5–6
partners vs. opponents, 176
UN Security Council Resolution 1441, 46
underinvestment in process during time of peace, 95–97
understanding the sacred, 184–185
Unionists, 193–195
uniqueness, promise and perils of, 32
unmasking underlying interests, 25
Ury, William, 19
US Constitution, negotiating, 60–63
US–India civil nuclear agreement, 38–44
V
value, creating in deadlocks, 177
value proposition, 37
“Vices of the Political System of the United States,” 63
Vickers, Andrew, 29
victory speech, helping the opponent write, 19–20
Viet Cong, 98
Vietnam War, 98–103
Virginia Plan, 62–63
W
walking away from process conflict, 76–78
War Guilt Clause, 90–91
Wavell, Earl, 93
working the whole body, 143–144
writing the opponent’s victory speech, 19–20
Y
yielding, 150–151, 153–155. See also reframing.
Yom Ha’atzmaut (Independence Day), 184–185
Z