Negotiation Training - CDI for Psychiatry · Negotiation Training Why Negotiation Substantive...

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1 CAREER DEVELOPMENT INSTITUTE FOR PSYCHIATRY ANDREA KUPFER SCHNEIDER PROFESSOR OF LAW MARQUETTE UNIVERSITY LAW SCHOOL APRIL 17, 2019 Negotiation Training Why Negotiation Substantive expertise not enough Communication infuse every aspect Effective negotiators get more Purposes of the Training To Increase Awareness of Negotiation To Share an Operational Framework To Help Improve Your Skills

Transcript of Negotiation Training - CDI for Psychiatry · Negotiation Training Why Negotiation Substantive...

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CAREER DEVELOPMENT INSTITUTE FOR PSYCHIATRY

A N DREA K U PFER S CHNEIDERP ROFESSOR O F L AW

M ARQUET TE U N IVERSITY L AW S C HOOL

APRIL 17 , 2019

Negotiation Training

Why NegotiationSubstantive expertise not enough

Communication infuse every aspect

Effective negotiators get more

Purposes of the TrainingTo Increase Awareness of Negotiation

To Share an Operational Framework

To Help Improve Your Skills

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Arm Exercise Rules1) No Talking!

2) Goal: As Many Points asPossible for Yourself

3) Get Points by TouchingPartner’s Arm to Table

Arm Exercise Lessons• Assume The Worst

• Assume Based On Past Experience

• Tend To Wait For Signal

• Different Assumptions Are Made

• Interests Not Necessarily Opposed

• Pie Can Be Expanded Or Shrunk

DYNAD EXERCISE➢Pull Out DYNAD Report

➢Note High & Low in Storm & Calm

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DYNAD EXERCISE➢Advantages

➢Disadvantages

➢Best Time to Use

➢Do These “Calm” Then “Storm”

Competing

Taking quick action

Making unpopular decisions

Standing up for vital issues

Protecting yourself

“My way or the highway”

CompetingAdvantages—

◦ Speed

◦ Decisiveness

◦ Preservation of important values

◦ Clarity

Disadvantages—

◦ Harmed relationships

◦ Loss of cooperation

◦ Lack of input or feedback

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Best to use in these contexts—

◦ When need quick decision

◦ When in charge and expected or needed

◦ When key values at stake

Best to use with these counterparts—

◦ With accommodating to get what you want

◦ With competing to defend

Competing

Accommodating

Showing reasonableness

Creating goodwill

Keeping “peace”

Retreating

“It would be my pleasure”

Advantages—

◦ Maintains appreciation from others

◦ Freedom from hassle and conflict (at least in the short-run)

◦ Defers to others

Disadvantages—

◦ Don’t get what you want

◦ Frustration for others who wish to collaborate

◦ Loss of respect from others

◦ Denies others benefit of healthy confrontation

Accommodating

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Best to use in these contexts—

◦ When issue is not that important

◦ When relationship is primary interest

Best to use with these counterparts—

◦ When others’ interests are primary

◦ When can “bank” accommodating

◦ With other accommodating styles

Accommodating

AvoidingLeaving unimportant issues alone

Reducing tensions

Buying time

Knowing your limitations

Allowing others ownership

Recognizing issues as symptoms

“I’ll think about it tomorrow”

Advantages—◦ Freedom from entanglement in trivial issues or

insignificant relationships◦ Keep focus on other interests◦ Preservation of status quo

Disadvantages—◦ Periodic explosions of pent-up anger◦ Residue of negative feelings◦ Stagnation and dullness◦ Loss of accountability or participation

Avoiding

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Best to use in these contexts—

◦ When interests unimportant

◦ When you don’t have energy or focus

Best to use with these counterparts—

◦ With competing (to negotiate over rules)

◦ When not want to engage with them

Avoiding

Compromising

Resolving issues of moderate importance

Reaching resolution with equal power and strong commitment

Creating temporary solutions

Dealing with time constraints

Backing up competing/ collaborating

“Let’s make a deal”

Advantages—◦ Relatively fast◦ Provides a way out of stalemate◦ Readily understood by most people◦ Builds atmosphere of calmness and reason

Disadvantages—◦ Mediocrity and blandness◦ Possibly unprincipled agreements◦ Likelihood of patching symptoms and ignoring causes

Compromising

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Best to use in these contexts—

◦ At end of dispute to bridge gap

◦ To help shift styles at the end

Best to use with these counterparts—

◦ To move competing to trades

◦ With other compromising

◦ With accommodating to give them something

Compromising

Collaborating

Integrating solutions

Learning

Merging perspectives

Gaining commitment

Improving relationships

“Two heads are better than one”

Advantages—◦ Builds trust in relationships

◦ High cooperation & compliance

◦ Merges perspectives

◦ High energy

Disadvantages—◦ Time consuming

◦ Distraction from other more important tasks

◦ Analysis paralysis

Collaborating

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Best to use in these contexts—◦ When buy-in is key

◦ When need lots of ideas

◦ When want team building

Best to use with these counterparts—◦ With other collaborators

◦ With competing to move them

◦ With compromising to move them to more creative

Collaborating

Understanding Your Style

Empathy

Assertiveness

Context Counterpart SkillStyle

Circles and Lines

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© Andrea Kupfer Schneider

Skills for Effective Negotiation

Ethicality

“The relationship between reputation, trust, reciprocity, and social benefit” by Phil Windley is licensed under CC BY -NC-SA 2.0.

Reputation

Trustworthiness

Trustfulness

Our trustworthiness & reputationo Research customs/expectations

o Know your own reputation

o Exhibit moral character

o Long-term view

o Consider how your behavior impacts

Building Trust of Us

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Their trustworthiness & reputation◦ Research their reputation

◦ Assess their moral character

◦ Check common connections

◦ Verification plans

◦ Build trust & manage distrust

Building Trust of Them

ExerciseTrust Falls!

Image courtesy of StockPhotoSecrets.com.

Social IntuitionKnowing yourself

Reading them

Responding to them

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Proximity

Mirroring

Eye contact

Physical contact

Pace

Tone

Humor

Metaphor

Elements of Social Intuition

Pass The Clap

FlexibilityOutcome Flexibility

Process Flexibility

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Process FlexibilityShifting Among Styles As Needed◦ Context

◦ Counterpart

Context CounterpartSkillStyle

Outcome FlexibilityRecognize Different Ways to Meet Interests◦ Brainstorming

◦ Preparation in Advance

◦ Suggestions from Others

Shopping Cart Exercise

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Shopping Cart

LessonsProcess?

How replicate?

Ideas Concerns Other Ideas

Cognitive

Emotional

“Empathy” by Sean MacEntee is licensed under CC by 2.0.

Empathy

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What do they think?

Their view of you & the situation

Reflecting & active listening

Questions/Inquiry

Cognitive

PerceptionsThe core challenge for effective communication is that we see things differently...

We reason from that data differently (what we think and feel)

We experience different data

We reach different conclusions based on those interpretations

Because:

How Perceptions Work3. Conclusions: What we

Believe based on how we think and feel

2. Reasoning: How what we see and hear makes us Think or Feel

1. Data: What we actually Seeand Hear

Everything that is said or done

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Video Watching Instructions

Please count the number of times the team in white successfully completes a pass (chest pass, bounce pass, etc.).

Please watch this silently—we will debrief after the video.

Notice anything unusual about this lung scan? Harvard researchers found that 83 percent of radiologists didn't notice the gorilla in the top right portion of this image

NPR, Alix Spiegel, Feb. 11, 2013

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How Perceptions Work

How We Reason, Interpret Data:

•We attach meaning to the data we select

•We make sense of meaning by telling a story -- Who is the hero, victim, villain, etc.

What We Conclude:

•We treat our stories as reality

•These stories form the basis for future data selection, reasoning

•Group dynamics reinforce biases

The Data We Select:

•We have different interests, expectations, biases

•We select conforming data

•We dismiss non-conforming data

How do they feel?

Motives

Reflect their emotions

Respond & pay attention

Close the negotiation well

Emotional

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Image courtesy of StockPhotoSecrets.com.

Knowledge

Presentation

Assertiveness

Goals & Aspirations

Limits

Criteria

Knowledge

Why Do Aspirations Matter?

Help determine what you ask for

Work harder at achieving goals

More patient

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Aspirations in Negotiation

Optimistic

Specific

Justifiable

Why Don’t Negotiators Do This?

Fear of disappointment

Lack of information

Lack of interest

Lack of skill

Talking in a way that helps them listen and be open to you

Presentation

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Guidelines for Speaking

3. Share your Conclusions:

“In turn, that led me to

believe…”

2. Share your Reasoning:

“Based on that [data], I thought…”

1. Share what you saw [Data]:

“My experience of what happened

was…”

Use the ladder of inference as your guide to telling your side of the story

Avoid Phrases That Inhibit Understanding

Always/Never

Should/Shouldn’t

Assumptions about their intentions

Labels

… but …

ReframeLet’s Go on Vacation…

o Yes, BUT…

o Yes, AND…

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Other Speaking TipsOutline your goals and main points on a post-it or note card that you can check easily

Do NOT end your sentence with a question

Use Silence—ask for what you want and be quiet

Do NOT bargain against yourself

Wrap-UpTop Lessons for the Day

Please Share One

CAREER DEVELOPMENT INSTITUTE FOR PSYCHIATRY

A N D R EA K U P F E R S C H NE I DE RP R O F ES S O R O F L A W

M A R Q UE T T E U N I V E RS I T Y L A W S C H O O LA N D R EA . S C H N E I D E R @M A R Q U ET T E . E D U

W W W. I N D I S P U TA B LY.C O M

A P R I L 1 7 , 2 0 1 9

Negotiation Training