PRESENTATION
PHILIPPINE FROIDBISE
INTERNATIONAL NEGOTIATION AND STRATEGY
12/04/16
TABLE OF CONTENT
• Leonard Greenhalgh, The Case Against Winning In
Negotiations, 3 Negot.J. 167. 167-73 (1987)
• Carrie Menkel-Meadow, Aha? Is Creativity Possible
in Legal Problem Solving and Teachable in Legal
Education, 6 Harv. Negotiation L. Rev. 97 (2001)
• Frans De Waal, Peacemaking Among Primates, 28138, 269-71 (1989)
LEONARD GREENHALGH
T H E C A S E A G A I N S T WI N N I N G I N N E G O T I A T I O N
VOCABULARY MISUSE
• Striking presence of the word « winning »
• “winning negotiation tactics”
• “win-win” situation
• “winner’s curse”
• Winning metaphor: inappropriate and dangerous
 Winning implies losing!
WINNING AS A MASCULINE
METAPHOR
• Prevalence of sports metaphors
Avoid them in negotiations
« keep one's eye on the ball»
« play ball (with) »
• Military metaphors
(ex war games)
• Sports metaphors more prevalent among males
DIFFERENCES IN SOCIALIZATION OF
BOYS AND GIRLS
Victory-oriented games
Relationship-oriented games
PITFALLS OF WIN-LOSE METAPHORS
(1/2)
Zero-sum quality
(one person’s gain = other person’s loss)
In sports
Goal is to win
In negotiation
Focus on mutual
advantages
PITFALLS OF WIN-LOSE METAPHORS
(2/2)
• Sports emphasizes more on rules than relationships
In sports
Stretch rules to the limit
In negotiation
Don’t focus on the rules!
Remember ethical
considerations
CARRIE MENKEL-MEADOW
AHA? IS CREATIVITY POSSIBLE IN LEGAL PROBLEM
SOLVING AND TEACHABLE IN LEGAL EDUCATION
MULTIPLE INTELLIGENCE THEORY
• Linguistic: word and language related
• Logical/Mathematical: use of logic
• Interpersonal: ability to work well with other people
• Intrapersonal: capacity to understand oneself
• Spatial: ability to achieve other states of
consciousness
AVOIDING NARROW WAYS OF
THINKING (1/2)
• Brain exercises/brainteasers
• Example:
A surgeon is asked to rush to the operating room after
a car accident. The surgeon is told a father and his
son have been brought in, but the father has died
and the son needs emergency surgery. Upon
entering the Operating Room the surgeon gasps, “Oh
my God, that’s my son!” How can this be?
AVOIDING NARROW WAYS OF
THINKING (2/2)
• Answer: the surgeon is his mother
 Stereotypes
 Manipulation by the media
• Puzzles and brainteasers: expand the possible
information and solution negotiators seek
“Thinking out of the box”
AUTHOR’S TECHNIQUES
Some of the author’s suggestions and techniques for
solving problems and enhancing creativity:
1. Use of analogy and use of metaphor
2. Challenging assumptions
3. Backward/forward thinking
FRANS DE WAAL
PEACEMAKING AMONG PRIMATES
VALUE OF GOOD RELATIONSHIPS
• Goal of conflict settlements: maintenance of
relationships
• Example: three10-year old boys finding money
• Depending on: contested resource
AGRESSION
• Part of each and every human relationship
• Not necessarily an inherently evil behavior
• Possibility of constructive outcomes of conflict!
VS.
FORGIVENESS
• Sublime idea that we owe to religion  FALSE
• All monkeys and apes engage in reconciliation
behavior
•
•
•
•
Stretching out a hand
Kissing
Embracing
Smiling
Reconciliation behavior  shared heritage of the primate order
QUESTIONS/COMMENTS?