Negotiating Life’s Non-Negotiables

My posts routinely suggest that life becomes negotiable when we apply some simple scientific principles from negotiation research. But we all know that not everything’s negotiable. The weather (it’s been raining in Maryland for months), our own health (we all face the fickle hand of fate), the state of American politics (nuff said). Some things just can’t be negotiated.

But that doesn’t mean they’re not negotiable!

Indeed, non-negotiable issues often force us to negotiate with ourselves, and those same scientific principles can still make our own intra-individual negotiations more negotiable. To see what I mean, consider the following five principles as they relate to negotiations with ourselves:

  1. Interests: Negotiation research advises you to ascertain your counterpart’s interests (their underlying needs, desires, and priorities). But in the face of circumstances we can’t control—say the perpetual cloud hanging over my home state—we would all do well to examine our own. Is it in our own interests, long-term, to worry about the weather? Probably not. (See health point above.)
  2. Integrative solutions: Negotiation research emphasizes that outcomes don’t need to hurt one party to benefit the other. Likewise, we’ve all heard that every cloud has a silver lining. In the case of Maryland’s many clouds, the silver lining has been my ability to focus on writing rather than the many distractions associated with a sunny day. So Mother Nature’s perverse pleasure in raining on me meshes well with my very appropriate pleasure in being productive.
  3. BATNA: Negotiation research urges to consider your Plan B. In the case of uncontrollable events, that exercise could actually help you realize that the event is a teeny bit negotiable. What’s your alternative to complaining about the political state of our country? Finding a way to get involved and change whatever small corner of it you can, as many people have (recently).
  4. Ratification: Negotiation research teaches us, when we’re deep in the heart of a contentious negotiation, to step away and think about it before acting rashly. Similarly, people who happen to get all worked up about politicians or entire branches of government often find it useful to consider another topic before taking to Twitter.
  5. Negotiating in teams: Negotiation research teaches us that two heads are often better than one at the bargaining table. When it comes to life’s uncontrollable and sometimes insurmountable challenges, two heads are surely better than one. Indeed, finding a way to obtain some social support and tackle the non-negotiable together is probably the most productive way to make it negotiable after all.

These are just examples—and perhaps a little tongue-in-cheek—about the relevance of negotiation research for the intra-individual negotiations that often attend non-negotiable events. But the serious point is that many of us are our own toughest negotiation counterparts. Life becomes negotiable when we realize we don’t have to be.

Mythical images of the negotiator

I recently attended the International Association of Conflict Management meeting in Berlin—an opportunity for negotiation researchers like myself to geek out. And in the process of geeking out, I had an interesting albeit especially geeky thought: the image of negotiation and negotiators that most of us hold in our brains is actually quite different than the portrait painted by negotiation research. Put simply, our images of negotiation and negotiators are more often mythical than evidence-based.

In the hope that evidence can make life negotiable (especially in the era of a self-identified Negotiator-in-Chief), I offer the following contrasts between mythical and evidence-based negotiation. In mythical negotiation…

  1. Negotiation is mostly about doing huge deals. When we hear the word negotiation, we think of multi-billion dollar mergers and business contracts—issues that grab the headlines and everyone’s attention. In actuality, most of the world’s negotiations focus on issues that are totally unimportant to anyone other than you. It’s a negotiation when your child won’t eat, your spouse won’t do the dishes, and your seatmate won’t cooperate on a flight. Most negotiations concern our own daily difficulties—issues that matter only to us.
  2. Negotiations focus on money. Relatedly, we tend to equate the word negotiation with the word money. And yes, many negotiations involve money. But many just don’t—consider the three right above. And in many that do, it’s the qualitative issues rather than the monetary issues that really make the difference. You’ll never get the car dealer to agree with your preferred price, but you just might get him to throw in some oil changes.
  3. The best negotiators are jerks. We tend to assume that the best negotiators must be people with whom we’d never want to share a flight or have a dinner (watch the beginning of this Facebook video where our Negotiator-in-Chief says just that)—people who aggressively demand concessions and accommodations from everyone around them. In fact, the best negotiators are the very people with whom we’d most want to dine or fly—people who listen carefully and respond thoughtfully, who trust and seem to understand us, and who ensure that we walk away feeling at least reasonably satisfied with the conversation.
  4. The best negotiators are easy to identify. Relatedly, we tend to think that we can spot a great negotiator when we see one. It’s the driver zipping around in the Mercedes and cutting everyone off. Or the CEO slamming their fist on the table and demanding that a poor subordinate come up with something better. In fact, the best negotiators are invisible—to us, yes, but often even to themselves. If I had a quarter for every time I taught a negotiation class and observed a self-proclaimed “bad negotiator” eventually get the “Best Negotiator” award…
  5. The key to negotiation success is tactics. We tend to think that the most effective negotiators use the most sophisticated tactics—the car dealer who slips in “one additional fee” after we’ve already signed the contract, or the politician who corners a colleague into supporting a pork-barrel amendment. Tactics are certainly important. Any claim to the contrary would be silly. But more important than tactics—and perhaps much more important—is preparation. If the best negotiators display the most sophisticated tactics, it’s only because they spent the most time and effort preparing, understanding everything there is to know about themselves, the people across the table, and the negotiation situation itself.

In sum, negotiations and negotiators are steeped in mythology, very little of which holds up to empirical investigation. So few of us should be surprised when our most prominent negotiators promulgate the mythology but experience much more difficulty in reality.

In praise of disagreement

It wasn’t always this way. Anyone old enough to remember the world before cable news knows that, although we’ve always had our political disagreements, we used to disagree with each other. That is, our politicians and pundits used to vehemently dispute each other’s premises in hopes of knocking down each other’s conclusions. But even a casual follower of politics can see that we don’t really do that anymore. Neither party nor their cable news correlates cares as much about the other side’s conclusions as they do about their own. As a result, they don’t really worry about knocking down or even acknowledging the other side’s premises.

In a word, today’s political environment involves disagreeing past each other more often than disagreeing with each other. To offer an analogy, our political subcultures were once like the Cubs and White Sox grinding out the World Series (this is the year!). They’re now like the Cubs and Bears, grinding out the Series and Super Bowl in parallel—and alone.

In the political domain, these observations are not new. But, in the spirit of making life more negotiable, I do think it’s worth considering what we can learn about our own negotiations from this dynamic.

The two parties in a negotiation are much like the two parties in politics. Their interests often conflict, generating a disagreement they can choose to acknowledge, explore, and unpack. Alternatively, they can choose to justify and reiterate their own interests ad nauseam even while ignoring their counterpart’s interests, disagreeing past each other and effectively denying the existence of a disagreement. In negotiations, if not in politics, I would strongly advise the former approach, as a frank acknowledgment of the disagreement often paves the way for an innovative solution. A refusal to face down the disagreement, in contrast, often paves the way for disaster. Indeed, that approach is not even negotiation, but persuasion.

So why do negotiators so often disagree past each other? The same reason the politicians do: it’s a whole lot easier to ignore the disagreement than tackle it directly. And it’s a surefire way to please a constituency, since the missed opportunity is typically invisible. And it requires a lot less listening, creativity, and maturity—among other critical attributes that few people possess. For negotiators as for politicians, disagreeing past each other is a whole lot simpler. But its simplicity comes at the price of unresolved problems and simmering conflicts.

In short, whether or not our political environment works this way, I would advise all of us as negotiators to try and disagree with each other rather than disagree past each other. Only by doing that can we hope to avoid the fate that so often befalls politicians: promising much and delivering little. In short, I offer this rare ode to disagreement, in hopes that it ultimately paves the way to agreement.

To tell the truth? Three Republicans, three approaches

Against my better judgment, I’ve now written several posts about the current presidential election. For example, here’s the latest. The references to negotiation are just too good and too frequent to ignore! So why not keep going?

The three remaining candidates for the Republication nomination—Kasich, Cruz, and Trump—embody three distinct ways of dealing with the truth. Since most of us encounter ethical quandaries daily—and since the way we approach them can easily make life more negotiable—we might as well take this opportunity to talk honesty. So, we’ll use the three Republican candidates to explore three distinct ways of dealing with the truth.

Before tackling this treacherous topic, let me just say that I’m not personally labeling anyone a sinner or a saint (nor trying to impose my own moral view). I’m just using the public image of all three candidates—as constructed by popular news outlets and the politicians themselves—to highlight three particular approaches to the truth. So, if you don’t agree with my characterizations, I would have to refer you back to the popular news outlets and political maneuvers from whence they came. And with that, gulp, here goes…

  1. Kasich: John Kasich portrays himself—and is often portrayed as—the morally-upstanding guy in the room. As an example of his ethical image, he recently told Wisconsin voters that the GOP’s promise to repeal Obamacare was “stupid.” Anyone who understands the probability of repealing Obamacare under Obama can diagnose this statement for what it is: the truth. And yet, anyone who understands how primary elections work can diagnose it for what it’s likely to do: irritate Republican voters. Thus, with this statement at least, Kasich embodies the morally “pure” way of dealing with a tradeoff between truth and expediency: simply telling the truth.
  2. Cruz: Ted Cruz doesn’t portray himself this way, but Donald Trump has often called him “Lyin’ Ted.” Though one can never be sure, there are various suggestions that the moniker may have a kernel of truth—a questionable Facebook post about Rubio, the questionable circumstances surrounding scantily-clad photos of Ms. Trump, or the questionable phone call to Iowa voters about Ben Carson. To elaborate on the last, Cruz staffers apparently called Carson supporters to tell them—falsely—that Carson was planning to quit the race. If Cruz was behind for any of these choices—and again, we can never be sure—then he would embody the opposite, anti-Kasich way of dealing with the tradeoff: stretching the truth in service of political expediency.
  3. Trump: Trump embodies the most interesting approach to the truth: taking one side of an issue and then the other side so rapidly and seamlessly that no one knows which one he believes. Thus, no one can definitively say whether he was telling the truth. Supporters can claim that he was and opponents that he wasn’t—everyone’s right! In this way, Trump has found an innovative way of transcending the tradeoff faced by Kasich and Cruz, insisting on neither a disadvantageous truth like Kasich nor a potentially advantageous lie like Cruz. I think it’s fair to say that his dexterity with the truth is one of the many factors contributing to his ongoing appeal.

Do these approaches matter to our own lives, despite our lack of presidential intentions? Well, I’m assuming we don’t often face the specific tradeoff between truth and votes. But we often face the general tradeoff between truth and self-interest, or at least expediency. Each of us must come to our own conclusions about how to handle these situations, but the three Republicans offer three distinct models for dealing with the truth—honesty, deception, or some ways of transcending the tradeoff. Here’s hoping their approaches can help us forge a path through our own moral minefields.