Principles of Persuasion: Motivating Agreement
L.R. Lowry & C. Wiggins (2011),
Negotiation and Settlement Advocacy,
Chapter 9
Anne Wolff IES273
Nezha Benelhadj 132SIS07
Ronan Penanhoat IES13645
International Negotiations and Strategy
Prof. Jasper Kim
15.10.2013
Overview
1. C. Guthrie: Principles of Influence in
Negotiations
2. R.B. Korobkin & T.S. Ulen: Law and
Behavioral Science: Removing the
Rationality Assumption from Law and
Economics
3. N.A. Welsh, Perceptions of Fairness in
Negotiations
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Principles of Influence in Negotiations
• Negotiation ≠ adjudication
• Similar: process of persuasion for client‘s
interest
• Differences: In negotiations, the lawyer tries
to influence another party, not the jury
=> Bilateral agreement, use of more subtle
devices
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6 Persuasive devices in Negotiation
Liking
Social
Proof
Scarcity
Principles
Of
Influence
Authority
Reciprocity
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Robert Cialdini, 1984
Commitment &
Consistency
6 Persuasive devices in Negotiation
1. Liking
• Comply with requests by people that
we like
2. Social Proof
• Reference to the behaviour of other
people in uncertain situations
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6 Persuasive devices in Negotiation
3.Consistency
• Being consistent with a choice made
in the beginning of the negotiations
4. Reciprocity
• Norm, to return what the other person
has given to you
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6 Persuasive devices in Negotiation
5. Authority
• People feel obliged to obey people
who hold authority positions
6. Scarcity
• Opportunities are valued higher when
they are less available
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Conclusion
Ethical considerations
•Is applying those techniques conform with the…
Professional responsibility and personal ethics
of a negotiator?
• => Each professional negotiator must decide for
themselve whether he wants to use this kind of
techniques.
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II - Law and Behavioral Science
a)
b)
c)
d)
Social Norms.
Rational Choice Theory.
Shortcomings of the rational choice theory.
Learnings from Ultimatum and Dictator
games.
A) Social Norm
• Unwritten rules about how to behave;
• The norm is established regardless of any
rational criteria;
• A norm operates through the internalization
of values.
b) Rational choice theory
• It’s based on self-interest hypothesis;
• Individuals’ behaviour is motivated by their
concern in maximizing their material selfinterest;
• People calculate the likely costs and
benefits of any action before deciding what
to do.
c) Shortcomings of the rational choice theory
• It has serious difficulties dealing with social
norms that make individuals act in a selfless
way;
• Ignore the larger social structure in which
individuals are embedded.
① The Ultimatum Game
1) One person (G) is given a
sum of money and asked to
share as she or he sees it.
2) If the R accepts the share,
G&R keep their amounts.
3) If the R rejects the offer,
both players will end empty
handed.
4) Mean allocation: 63-37
split
② The Dictator Game
In Dictator game, the
second player is passive.
Experiment evidence:
• The R payoff < than in
ultimatum game:
• Mean allocation 80-20
• Social closeness matters:
 If the giver is close
socially to the receiver, R
payoff will be higher.
d) Learnings from Ultimatum and Dictator Games
• The modals resulting from the games
suggest that we do not behave under strict
payoff maximizing. Elements such as
fairness/reciprocity matter;
• Transacting parties do not put the other party
interest over their own profit.
III - Distributives fairness perceptions
• A) 4 principles to set fairness
• B) Selection of principles depends on
variables affecting negotiators
• C) Focus on variables affecting negotiators
on equity
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a) 4 Principles to set fairness
• Equality
• Need
• Generosity
• Equity
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b) Selection depends on variables affecting negotiators (1/2)
• Influence of Self-interest and Relationship between
negotiators.
o If no relationship  self interest
o If negative relationship win more than the other
(even if its risky)
o If positive relationship fairness
b) Selection depends on variables affecting negotiators (2/2)
•
Influence of situational needs and Cultural Norms
o Depends on cultural background
o Very hard to predict the behavior
c) Focus on variables affecting negotiators on equity
• influence of self interest
• influence of negative relationships
• influence of the negotiation interaction
• influence of contextual distributive justice
norms
Thank you for your attention!
Questions
1. Do you think, employing the 6 Principles of
Influence is conform with moral or ethical
standards?
2. Can fairness in resource sharing serve
individuals’ self-interests?
3. According to you, what is the most important
principle to set fairness (equality, need,
generosity or equity) ?