When the equality rule fails: The case of four shells

If I’ve learned one thing as a negotiation professor, it’s that the fairest and most obvious ways of dividing resources often seem unfair and non-obvious to the parties involved. Consider the equality rule. What could be fairer than a 50-50 split? Unfortunately, the parties embroiled in a negotiation don’t always see it that way. So we need an alternative approach to make life negotiable.

To illustrate the dilemma and a set of potential solutions, let me recount a story.

My family and I recently visited the beach. One morning, I took a long run and decided to pick up some cool shells for my five- and three-year-old daughters. At first, I found three shells, thinking that more than sufficient. But then I remembered that three shells allocated to two young ladies would elicit open warfare. So I searched high and low for a fourth, finding an amazing orange one that I expected to settle the matter. Two shells for each daughter. Equality rule!

But I couldn’t have been more wrong. And I should’ve seen it coming: Both daughters regarded the orange shell as way cooler than the others, so both daughters clamored for it.

The equality rule, so obvious in theory, completely failed in practice. And what to do then? I have to admit, I didn’t immediately know, as I was shell-shocked at this incomprehensible failure of the obvious. With reflection though, I came to see that the situation actually presented many different solutions:

  • Flip a coin: I could flip to determine the lucky recipient of the orange shell, give that daughter one more, and give the other daughter the remaining two. Problem is, someone would be incredibly dissatisfied with the fickle hand of fate.
  • Share the orange shell: If the equality rule didn’t work, maybe a quasi-communist rule would. We could all agree to share the orange shell, which is great but would bring all the baggage of common property, even while leaving three shells to divide among two people.
  • Search for another orange shell: Perhaps the ideal option, this one came with an obvious problem: I’ve never seen a shell quite like that. That’s why everyone liked it. So it wasn’t going to work.
  • Return the orange shell to its marine home and find a fourth: While this would’ve technically solved the problem, any parent can tell you that it would’ve elicited far bigger problems.
  • Let the daughters sort it out: They need to learn that life’s negotiable after all, so why not let them figure out a solution of their own? I have to admit that I considered this option carefully, but I thought it might be better to guide them toward a solution.
  • Three-for-one trade: I could give one daughter the orange shell and the other daughter all three of the more pedestrian shells. That seemed promising, but they flatly rejected it. Three pedestrian shells apparently did not compare to a glorious orange one.
  • Figure it out later: Having ruled out all the other obvious solutions, I could think of only one more at the time. Why not wait until the initial allure of the orange shell had worn off a bit? Then maybe everyone’s rationality would return, making the sort-it-out or three-for-one solutions more feasible. And that’s essentially what I did, hoping for a three-for-one. Turns out, the problem got a whole lot easier when someone mentioned the candy store, and everyone forgot the shells.

So what’s the point of all this? First, that even the simplest and least controversial of situations can generate unexpected conflicts and the need for negotiation. Second, that the equality rule can easily fall flat, and we have to be flexible enough to abandon it. Finally, that the key to any negotiation really comes down a combination of creativity and patience. Once the negotiator engages their creativity and indulges their patience long enough to generate some options, a workable solution usually presents itself. Combine a little creativity and patience, and life’s a beach!

Stop wasting food! Kids and contingency contracts

The world sometimes seems populated with two types of children: those who refuse to eat anything you put in front of them, and those who want to eat everything in the fridge—or at least say so. Previous posts have considered the former type, but I haven’t yet considered the latter. In the interest of getting 2017 off on a negotiable foot, I thought I’d consider the overeager eater now.

Consider the following, common pattern—not that I’ve experienced it recently or repeatedly. A young child, say four going on five, is offered an array of dinner options. She responds by saying: “I want pizza, apples, and a hotdog.” Now, the child speaks with such confidence that you can see she’s certain she will consume all of these foods. But you know—based on many or even innumerable prior experiences—that she will not. She’ll get halfway through the apples, freshly heated hotdog steaming on her plate, and say, “I’m full.”

Faced with this situation, the common impulse is to argue. “You won’t eat all that, little Petunia.” To which little Petunia will surely retort: “Yes I will!” And thus begins a pattern of disagreement and dissension that will carry all the way through dinner, spoiling everyone’s meal.

Luckily, negotiation research offers a better way: the contingency contract. In plain English, contingency contracts are bets about future events—agreements to be settled when the fickle hand of fate eventually casts its die. Negotiators use them when they disagree about an uncertain future event—next quarter’s sales figures, perhaps, or the performance of a particular piece of technology being purchased.

But can’t you, the frustrated parent, also use a contingency contract to deal with little Petunia’s obstinate insistence on the three dishes? Can’t you say something like: “Little Petunia dearest, I’ll heat up the pizza and cut up the apples for you, as requested. And I’ll take the hotdogs out of the fridge and place them right here next to the microwave. If I see you gobble up the pizza and apples and hear that you’re still hungry, why, then I’ll happily heat the dogs. It’ll take just a minute. But if you start feeling full sometime before the dogs, then I’ll return them to the fridge for future consumption.”

Voila! Based on Petunia’s sheer certainty that she will eat all three items, she should be more than happy to oblige, sure as she is that this solution will result in her eating the coveted hotdogs. And, given your comparable certainty that the apples will fully satiate her, you should be more than happy with this solution too, sure as you are that the dogs will go right back in the fridge, unspoiled and unwasted. That’s the great part about contingency contracts: both sides think they’ll get exactly what they want.

Of course, they won’t: the fickle hand of fate will cast the die. Petunia will either have room for the dogs or she won’t, and she’ll get what she initially wanted or you will. So one of you will eventually have to admit you were wrong. Seeing as the consequences of that admission are either a comfortably settled stomach or a fully satiated child, though, neither of you should be particularly unhappy with that admission. And both of you should be happy that you avoided pre-dinner warfare.

In short, contingency contracts offer useful end-runs around debates about the future. Faced with differing predictions, don’t waste time and energy arguing—no one ever wins. Instead, let the fickle hand of fate cast a die, then agree to settle up later.

Have you ever used a contingency contract, with a child or otherwise?

 

Reactive devaluation and reverse psychology: Or, how to get the house clean

Hurricane Joaquin may have missed the East Coast. But if you have a small kid, then Hurricane [small kid’s name] probably hits often.

Keeping a house clean with a small child around seems impossible. And without the child’s assistance, it probably is. But a thoughtful approach can elicit said assistance and make even this mess negotiable!

When you ask a small child to clean up the egregious mess they just made—say by emptying a toy chest then propelling its contents across three counties—they often say “no.” Now there are many potential reasons for the “no,” along with many potentially appropriate responses. But a common reason is reactive devaluation: automatically discounting what somebody says because of the particular somebody who said it. Small kids, like business negotiators (and teenagers), often automatically disagree with a request just because it came from a perceived “opponent”—in this case, a parent.

Well, at least for small kids, knowledge of the reason paves the way for a potentially appropriate response: reverse psychology. The kid is doing the opposite of what you want because of who you are. You can’t change who you are, but you certainly can say the opposite of what you want, at which point the kid will likely do the opposite of the opposite of what you want—that is, what you want. “Billy,” you could say, “please—whatever you do—DON’T pick up all of those toys. Get yourself dressed, take a nap, wash your face, but DEFINITELY don’t walk around picking up your toys.” Notice how you’re contrasting the toy pickup with three other activities that Billy doesn’t much like but you do, just in case he decides to drop the reactive devaluation.

I’ve seen reverse psychology in action—it works, particularly with feisty / smart / willful kids (not that I know any of those). But it has some clear drawbacks that you should know before making it your go-to. First, it fundamentally involves deception—you want Billy to clean up his toys, and you’re telling him you don’t. Is lying to achieving your personal goals the kind of strategy you want Billy to learn (remembering that he will eventually become a teenager)? Probably not. In addition, on a more practical level, it sends the message that you don’t give a rat’s behind about the cleanliness of the house, which you most certainly do, and which Billy may eventually take to heart. Finally, Billy will eventually figure it out. In other words, you may get a few messes cleaned up through reverse psychology, but Billy will eventually learn your tricks and consequently ignore your requests not to do things. That will surely catch up with you and Billy eventually.

This is all to say that reverse psychology is an effective antidote to small kids’ reactive devaluation. But it’s a strategy to use mindfully and sparingly, in moments of true desperation.

What do you think of reverse psychology – do the benefits outweigh the costs?