Conflict and Negotiation
Conflict and Negotiation
Conflict and Negotiation
PART THREE
The Group
CHAPTER
15
Conflict and
Negotiation
LEARNING OBJECTIVES
After studying this chapter, students should be able to:
1. Define conflict.
2. Differentiate between the traditional, human relations, and interactionist views of conflict.
3. Outline the conflict process.
4. Define negotiation.
5. Contrast distributive and integrative bargaining.
6. Apply the five steps of the negotiation process.
7. Show how individual differences influence negotiations.
8. Assess the roles and functions of third-party negotiations.
9. Describe cultural differences in negotiations.
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benefits of resolution, to let people cool down and regain perspective, when gathering
information supersedes immediate decision, when others can resolve the conflict more
effectively, and when issues seem tangential or symptomatic of other issues.
Use accommodation when you find that youre wrong and to allow a better position to be
heard, to learn, and to show your reasonableness; when issues are more important to others
than to yourself and to satisfy others and maintain cooperation; to build social credits for later
issues; to minimize loss when you are outmatched and losing; when harmony and stability
are especially important; and to allow employees to develop by learning from mistakes.
Use compromise when goals are important but not worth the effort of potential disruption of
more assertive approaches; when opponents with equal power are committed to mutually
exclusive goals; to achieve temporary settlements to complex issues; to arrive at expedient
solutions under time pressure; and as a backup when collaboration or competition is
unsuccessful.
Negotiation is an ongoing activity in groups and organizations. Distributive bargaining can resolve
disputes, but it often negatively affects the satisfaction of one or more negotiators because it is focused
on the short term and because it is confrontational. Integrative bargaining, in contrast, tends to provide
outcomes that satisfy all parties and that build lasting relationships. When engaged in negotiation, make
sure you set aggressive goals and try to find creative ways to achieve the goals of both parties, especially
when you value the long-term relationship with the other party. That doesnt mean giving in on your selfinterest; rather, it means trying to find creative solutions that give both parties what they really want.
The chapter opens by showing how Nelson Peltz, CEO of Train Fund Management L.P.,
created conflict at the Heinz corporation by buying 3% of Heinz shares of stock and
acquiring a set on the Board of Directors. When he began lobbying for changes in the
company to raise the slumping stick price, he met with resistance. Whether due to this
conflict or not, the stick price has increased roughly 11 The conflicting styles of Peltz and
other board members provide an illustrative introduction to this chapters material.
We define conflict as a process that begins when one party perceives that
another party has negatively affected, or is about to negatively affect, something that the
first party cares about.
This early approach assumed that all conflict was bad. By definition, it was
harmful and was to be avoided.
This view was consistent with the prevailing attitudes about group behavior in the
1930s and 1940s. Conflict was seen as a dysfunctional outcome resulting from
poor communication, a lack of openness and trust between people, and the
failure of managers to be responsive to their employees.
B.
The Human Relations View
The human relations view dominated conflict theory from the late 1940s through
the mid-1970s.
C.
The Interactionist View
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Task conflict relates to the content and goals of the work. Low-tomoderate levels of task conflict are functional.
Process conflict relates to how the work gets done. Low levels of
process conflict are functional and could enhance team
performance.
Size and specialization act as forces to stimulate conflict. The larger the
group and more specialized its activities, the greater the likelihood of
conflict.
3.
Personal Variables
Most important is differing value systems. Value differences are the best
explanation for differences of opinion on various matters.
B.
Stage II: Cognition and Personalization
This stage is where conflict issues tend to be defined and this definition
delineates the possible settlements.
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E.
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Undesirable consequences:
o
A retarding of communication
o
Reductions in group cohesiveness
o
Subordination of group goals to the primacy of infighting between
members
4.
Creating Functional Conflict
The most widely cited example of distributive bargaining is in labormanagement negotiations over wages.
2.
Integrative Tactics
Do your homework.
Who will do the negotiating? Where will it take place? What time
constraints, if any, will apply?
3.
Clarification and Justification:
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D.
V.
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The belief that women are nicer is probably due to confusing gender
and the lack of power typically held by women.
The Chinese also draw out negotiations but that is because they believe
negotiations never end.
Americans are known around the world for their impatience and their
desire to be liked.
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Accommodation
Compromise
E Negotiation
Distributive bargaining
A DEFINITION OF CONFLICT
We define conflict as a process that begins when one party perceives that another party
has negatively affected, or is about to negatively affect, something that the first party
cares about.
o
This describes that point when an interaction crosses over to become an interparty conflict.
o
It encompasses the wide range of conflicts that people experience in
organizations.
This early approach assumed that all conflict was bad. Conflict was
synonymous with such terms that reinforced its negative connotation. By
definition, it was harmful and was to be avoided.
This view was consistent with the prevailing attitudes about group
behavior in the 1930s and 1940s. Conflict was seen as a dysfunctional outcome
resulting from poor communication, a lack of openness and trust between
people, and the failure of managers to be responsive to their employees.
B.
The Human Relations View
The human relations view argues that conflict is a natural and inevitable
outcome in any group and that it need not be evil, but has the potential to be a
positive force in determining group performance.
Group leaders maintain enough conflict to keep the group viable, selfcritical, and creative.
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Task conflict relates to the content and goals of the work. Low-tomoderate levels of task conflict are functional and consistently
demonstrate a positive effect on group performance because it
stimulates discussion, improving group performance.
The potential for conflict increases when either too little or too much
communication takes place.
Size and specialization act as forces to stimulate conflict. The larger the
group and more specialized its activities, the greater the likelihood of
conflict.
The potential for conflict is greatest where group members are younger
and turnover is high.
The greater the ambiguity in responsibility for actions lies, the greater the
potential for conflict.
Reward systems, too, are found to create conflict when one members
gain is at anothers expense.
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3.
B.
C.
Most important is differing value systems. Value differences are the best
explanation for differences of opinion on various matters.
Antecedent conditions lead to conflict only when the parties are affected by and
aware of it.
This stage is where conflict issues tend to be defined and this definition
delineates the possible settlements.
Why are intentions separated out as a distinct stage? Merely one party
attributing the wrong intentions to the other escalates a lot of conflicts.
When one person seeks to satisfy his or her own interests, regardless of
the impact on the other parties to the conflict
3.
Collaborating
When the parties to conflict each desire to fully satisfy the concerns of all
parties. The intention is to solve the problem by clarifying differences
rather than by accommodating.
4.
Avoiding
A person may recognize that a conflict exists and want to withdraw from
it or suppress it.
5.
Accommodating
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D.
E.
126
Stage IV is where conflicts become visible. The behavior stage includes the
statements, actions, and reactions made by the conflicting parties. These conflict
behaviors are usually overt attempts to implement each partys intentions.
At the lower part of the continuum, conflicts are characterized by subtle, indirect,
and highly controlled forms of tension.
Conflict intensities escalate as they move upward along the continuum until they
become highly destructive.
Functional conflicts are typically confined to the lower range of the continuum.
The evidence suggests that conflict can improve the quality of decision
making.
o
Conflict is an antidote for groupthink.
o
Conflict challenges the status quo, furthers the creation of new
ideas, promotes reassessment of group goals and activities, and
increases the probability that the group will respond to change.
o
Research studies in diverse settings confirm the functionality of
conflict.
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Heterogeneity among group and organization members
can increase creativity, improve the quality of decisions,
and facilitate change by enhancing member flexibility.
Undesirable consequences:
o
A retarding of communication
o
Reductions in group cohesiveness
o
Subordination of group goals to the primacy of infighting between
members
Conflict can bring group functioning to a halt and potentially threaten the
groups survival.
A high proportion of people who get to the top are conflict avoiders.
The real challenge for managers is when they hear news that they do not
want to hear.
Managers should ask calm, even-tempered questions, such as: Can you
tell me more about what happened? or What do you think we ought to
do? They should also offer a sincere Thank you.
3.
4.
IV. NEGOTIATION
A.
Introduction
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B.
Not so obvious, however, managers negotiate with employees, peers, and bosses.
A worker agrees to answer a colleagues phone for a few minutes in exchange for
some past or future benefit.
Bargaining Strategies
1.
Distributive Tactics
The most widely cited example of distributive bargaining is in labormanagement negotiations over wages.
Integrative Tactics
An example: A sales rep calls in the order and is told that the firm cannot
approve credit to this customer because of a past slow-pay record.
o
The next day, the sales rep and the firms credit manager meet to
discuss the problem. They want to make the sale, but do not
want to get stuck with uncollectible debt.
o
The two openly review their options.
o
After considerable discussion, they agree on a solution that
meets both their needs. The sale will go through with a bank
guarantee that will ensure payment if not made in 60 days.
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Do your homework. What is the nature of the conflict? What is the history
leading up to this negotiation? Who is involved, and what are their
perceptions of the conflict? What do you want from the negotiation?
What are your goals?
You also want to prepare an assessment of what you think the other
party to your negotiations goals are.
o
When you can anticipate your opponents position, you are better
equipped to counter his or her arguments with the facts and
figures that support your position.
Any offer you receive that is higher than your BATNA is better than an
impasse.
2.
Definition of Ground Rules
Who will do the negotiating? Where will it take place? What time
constraints, if any, will apply?
During this phase, the parties will also exchange their initial proposals or
demands.
3.
Clarification and Justification
You might want to provide the other party with any documentation that
helps support your position.
4.
Bargaining and Problem Solving
C.
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130
The final stepformalizing the agreement that has been worked out and
developing any procedures that are necessary for implementation and
monitoring
The Chinese also draw out negotiations but that is because they believe
negotiations never end.
o
Just when you think you have reached a final solution, the
Chinese executive might smile and start the process all over
again.
o
Like the Japanese, the Chinese negotiate to develop a
relationship and a commitment to work together.
o
Americans are known around the world for their impatience and
their desire to be liked.
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Astute negotiators often turn these characteristics to their
advantage.
4.
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132
Text Exercises
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Myth or
Science?
The Group
This statement is false. That might surprise you, given that we just reviewed evidence on anchoring bias,
which would suggest that if Im selling something in an auction, I should set the initial bid as high as
possible. Research shows that this would be a mistake. In fact, the opposite strategy is better.
Analyzing auction results on eBay, a group of researchers found that lower starting bids generated
higher final prices. As just one example, Nikon digital cameras with ridiculously low starting bids (one
penny) sold for an average of $312, whereas those with higher starting prices went for an average of
$204.2
What explains such a counterintuitive result? The researchers found that low starting bids attract
more bidders, and the increased traffic generates more competing bidders so that in the end, the price is
higher. Although this may seem irrational, negotiation and bidding behavior arent always rational, and as
youve probably experienced firsthand, once you start bidding for something, you want to win, forgetting
that for many auctions, the one with the highest bid is often the loser (the so-called winners curse).
Class Exercise
1.
2.
Consider using the team exercise at this point or referencing this material when you process the
exercise.
At that time, have students discuss what part the lack of communication had in fostering the
conflict or how communicating minimized and/or resolved the conflict.
International
Negotiating Across Cultures
Obtaining a favorable outcome in a negotiation may in part depend on the cultural characteristics
of your opponent. A study of negotiators in the United States, China, and Japan found that culture
plays an important role in successful negotiation. The study found that, overall, negotiators who
had both a self-serving egoistic orientation and a high goal level fared the best overall compared
to negotiators with an other-serving prosocial orientation and low goal level. In other words, the
strategy combining a self-serving negotiation position, where one is focused only on maximizing
ones own outcomes, coupled with a strong desire to obtain the best outcomes, led to the most
favorable negotiation results.
However, the degree to which this particular strategy resulted in better outcomes
depended on the negotiating partner. The results showed that being self-serving and having a
high negotiation goal level resulted in higher outcomes (in this case, profits) only when the
negotiating opponent was other-serving. Negotiators from the United States are more likely to be
self-serving and have high goal levels. In China and Japan, however, there is a greater likelihood
that negotiators are other-serving and thus are more concerned with others outcomes.
Consequently, negotiators from the United States are likely to obtain better outcomes for
themselves when negotiating with individuals from China and Japan because American
negotiators tend to be more concerned with their own outcomes, sometimes at the expense of the
other party.
Though this study suggests that being self-serving can be beneficial in some situations,
negotiators should be wary of being too self-serving. Though American negotiators may benefit
from a self-serving negotiation position and a high goal level when negotiating with individuals
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from China or Japan, being too self-serving may result in damaged relationships, leading to less
favorable outcomes in the long run.
Source: Based on Y. Chen, E. A. Mannix, and T. Okumura, The Importance of Who You Meet: Effects of
Self-Versus Other-Concerns Among Negotiators in the United States, The Peoples Republic of China, and
Japan, Journal of Experimental Social Psychology, January 2003, pp. 115.
Class Exercise
Instructors may wish to engage their students in a class discussion concerning cultural differences in
negotiating.
IN THE
Class Exercise
Discuss with students (as a class or in groups) the following:
1. Was the approach taken based on distributive or integrative bargaining techniques?
2. What was the most important factor in framing the negotiations?
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3. Think of recent negotiation that you were involved with. Was the framework distributive or integrative?
4. Did relationships play a significant part in your negotiation?
5. What could you have done to improve the outcome of the negotiation?
Point
Counterpoint
Conflict Benefits Organizations
Point
Conflict Benefits Organizations
Lets briefly review how stimulating conflict can provide benefits to the organization:
Conflict is a means to solve problems and bring about radical change. Its an effective device by
which management can drastically change the existing power structure, current interaction patterns,
and entrenched attitudes. If there is no conflict, it means the real problems arent being addressed.
Conflict facilitates group cohesiveness. Whereas conflict increases hostility between groups,
external threats tend to cause a group to pull together as a unit. Conflict with another group brings
together those within each group. Such intragroup cohesion is a critical resource that groups draw on
in good and especially in bad times.
Conflict improves group and organizational effectiveness. Groups or organizations devoid of
conflict are likely to suffer from apathy, stagnation, groupthink, and other debilitating diseases. In fact,
more organizations probably fail because they have too little conflict, not because they have too
much. Stagnation is the biggest threat to organizations, but since it occurs slowly, its ill effects often
go unnoticed until its too late. Conflict can break complacencythough most of us dont like conflict,
it often is the last best hope of saving an organization.
Counterpoint
In general, conflicts are dysfunctional, and it is one of managements major responsibilities to keep
conflict intensity as low as humanly possible. A few points support this case:
The negative consequences from conflict can be devastating. The list of negatives associated
with conflict is awesome. The most obvious negatives are increased turnover, decreased employee
satisfaction, inefficiencies between work units, sabotage, and labor grievances and strikes. One study
estimated that managing conflict at work costs the average employer nearly 450 days of management
time a year.<EN>3
Effective managers build teamwork. A good manager builds a coordinated team. Conflict works
against such an objective. When a team works well, the whole becomes greater than the sum of the
parts. Management creates teamwork by minimizing internal conflicts and facilitating internal
coordination.
Conflict is avoidable. It may be true that conflict is inevitable when an organization is in a downward
spiral, but the goal of good leadership and effective management is to avoid the spiral to begin with.
You dont see Warren Buffett getting into a lot of conflicts with his board of directors. Its possible
theyre complacent, but we think its more likely because Berkshire Hathaway is a well-run company,
doing what it should, and avoiding conflict as a result.
Teaching Notes
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136
Lead a discussion on how conflict between the student body and the administration could help or
hurt your institution.
Create functional/dysfunctional lists on the board, and ask students first how conflict could help
the college or university. Record these under functional. In the discussion, see if specific topics
or issues are on the students minds.
Next, ask how such conflict can harm the institution. Again, record these and solicit specific
issues, and record to whom the costs or hurts would apply.
Now discuss what would make such conflict functional or dysfunctional.
Is it the topic?
How could functional conflict be started and managed over a specific issue?
2.
3.
4.
5.
What is conflict?
Answer: Conflict is a process that begins when one party perceives that another party has
negatively affected, or is about to negatively affect, something that the first party cares about
2.
What are the differences among the traditional, human relations, and interactionist views of
conflict?
Answer: The traditionalist view of conflict is the belief that all conflict is harmful and must be
avoided. The human relations view of conflict is the belief that conflict is a natural and inevitable
outcome in any group. The current view is the interactionist view of conflict or the belief that
conflict is not only a positive force in a group but also that it is absolutely necessary for a group to
perform effectively.
3.
Stage III: IntentionsIntentions are decisions to act in a given way. Exhibit 152
represents one authors effort to identify the primary conflict-handling intentions. Two
dimensionscooperativeness and assertiveness. Five conflict-handling intentions can be
identified: competing (assertive and uncooperative), collaborating (assertive and
cooperative), avoiding (unassertive and uncooperative), accommodating (unassertive
and cooperative), and compromising (midrange on both assertiveness and
cooperativeness).
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4.
The Group
Stage IV: BehaviorThe behavior stage includes the statements, actions, and reactions
made by the conflicting parties. These conflict behaviors are usually overt attempts to
implement each partys intentions. Exhibit 153 provides a way of visualizing conflict
behavior. Exhibit 154 lists the major resolution and stimulation techniques that allow
managers to control conflict levels.
Stage V: OutcomesOutcomes may be functional in that the conflict results in an
improvement in the groups performance, or dysfunctional in that it hinders group
performance. Conflict is constructive when it improves the quality of decisions, stimulates
creativity and innovation, etc. Dysfunctional outcomesuncontrolled opposition breeds
discontent, which acts to dissolve common ties, and eventually leads to the destruction of
the group. Among the more undesirable consequences are a retarding of communication,
reductions in group cohesiveness, and subordination of group goals to the primacy of
infighting between members.
What is negotiation?
Answer: Negotiation is a process in which two or more parties exchange goods or services and
attempt to agree on the exchange rate for them
5.
6.
7.
8.
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9.
138
Experiential Exercise
A NEGOTIATION ROLE PLAY
This role play is designed to help you develop your negotiating skills. The class is to break into pairs. One
person will play the role of Alex, the department supervisor. The other person will play C. J., Alexs boss.
Both participants should read The Situation, The Negotiation, and then their role only.
Purpose
This role play is designed to help students develop their negotiating skills.
Time
Up to 1 hour.
Instructions
1.
2.
3.
4.
5.
Break the class into pairs. Identify one person as Alex and one person as C.J.
One person will play the role of Alex, the department supervisor.
It is easier to manage if all the student pairs sit facing the same way, so you can
designate one side as C.J. and one side as Alex. It will help you keep students roles
straight during the discussion.
Have students read only their portion of the role play.
Students should take 15 minutes to think through the facts in this exercise and to prepare a
strategy.
They then have up to 15 minutes to conduct negotiation.
When negotiation is complete, the class will compare the various strategies used and pair
outcomes.
The Situation
Alex and C.J. work for Nike in Portland, Oregon. Alex supervises a research laboratory. C.J. is the
manager of research and development. Alex and C.J. are former college runners who have worked for
Nike for more than six years. C.J. has been Alexs boss for 2 years. One of Alexs employees has greatly
impressed Alex. This employee is Lisa Roland. Lisa was hired 11 months ago. She is 24 years old and
holds a masters degree in mechanical engineering. Her entry-level salary was $47,500 a year. She was
told by Alex that, in accordance with corporation policy, she would receive an initial performance
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evaluation at 6 months and a comprehensive review after 1 year. Based on her performance record, Lisa
was told she could expect a salary adjustment at the time of the 1-year evaluation.
Alexs evaluation of Lisa after 6 months was very positive. Alex commented on the long hours
Lisa was putting in, her cooperative spirit, the fact that others in the lab enjoyed working with her, and that
she was making an immediate positive impact on the project she had been assigned. Now that Lisas first
anniversary is coming up, Alex has again reviewed Lisas performance. Alex thinks Lisa may be the best
new person the R&D group has ever hired. After only a year, Alex has ranked Lisa as the number-three
performer in a department of 11.
Salaries in the department vary greatly. Alex, for instance, has a basic salary of $76,000, plus
eligibility for a bonus that might add another $7,000 to $12,000 a year. The salary range of the 11
department members is $38,400 to $66,350. The lowest salary is a recent hire with a bachelors degree in
physics. The two people that Alex has rated above Lisa earn base salaries of $59,200 and $66,350.
Theyre both 27 years old and have been at Nike for three and four years, respectively. The median salary
in Alexs department is $54,960.
Alexs Role
You want to give Lisa a big raise. While shes young, she has proven to be an excellent addition to the
department. You dont want to lose her. More importantly, she knows in general what other people in the
department are earning and she thinks she is underpaid. The company typically gives 1-year raises of 5
percent, although 10 percent is not unusual, and 20 to 30 percent increases have been approved on
occasion. Youd like to get Lisa as large an increase as C. J. will approve.
C.J.s Role
All your supervisors typically try to squeeze you for as much money as they can for their people. You
understand this because you did the same thing when you were a supervisor, but your boss wants to
keep a lid on costs. He wants you to keep raises for recent hires generally in the 5-to-8 percent range. In
fact, he has sent a memo to all managers and supervisors saying this. He also said that managers will be
evaluated on their ability to maintain budgetary control. However, your boss is also concerned with equity
and paying people what theyre worth. You feel assured that he will support any salary recommendation
you make, as long as it can be justified. Your goal, consistent with cost reduction, is to keep salary
increases as low as possible.
The Negotiation
Alex has a meeting scheduled with C.J. to discuss Lisas performance review and salary adjustment. Take
a couple of minutes to think through the facts in this exercise and to prepare a strategy. Then you have up
to 15 minutes to conduct your negotiation. When your negotiation is complete, the class will compare the
various strategies used and pair outcomes.
Teaching Notes:
1.
2.
3.
4.
Ethical Dilemma
IS IT UNETHICAL TO LIE, DECEIVE, OR COLLUDE DURING NEGOTIATIONS?
In Chapter 11, we addressed lying in the context of communication. Here we return to the topic of lying
but specifically as it relates to negotiation. We think this issue is important because, for many people,
there is no such thing as lying when it comes to negotiating.
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Its been said that the whole notion of negotiation is built on ethical quicksand: To succeed, you must
deceive. Is this true? Apparently, a lot of people think so. For instance, one study found that 28 percent of
negotiators lied about at least one issue during negotiations, while another study found that 100 percent
of negotiators either failed to reveal a problem or actively lied about it during negotiations if they were not
directly asked about the issue. Why do you think these numbers are so high? The research on negotiation
provides numerous examples of lying giving the negotiator a strategic advantage. 4
We can probably agree that bald-faced lies during negotiation are wrong. At least most ethicists would
probably agree. The universal dilemma surrounds the little lies: The omissions, evasions, and
concealments that are often necessary to best an opponent.
During negotiations, when is a lie a lie? Is exaggerating benefits, downplaying negatives, ignoring
flaws, or saying I dont know when in reality you do considered lying? Is declaring this is my final offer
and nonnegotiable (even when youre posturing) a lie? Is pretending to bend over backward to make
meaningful concessions lying? Rather than being considered unethical, the use of these lies is
considered by many as an indicator that a negotiator is strong, smart, and savvy.
Or consider the issue of colluding, as when two bidders agree not to bid against one another in a
(concealed) effort to keep the bids down. In some cases, such collusion is illegal, but even when it isnt
illegal, is it ethical?
1. When are deception, evasiveness, or collusion out of bounds?
Answer: when they cross the legal boundaries. The goal is to win-win at the end and
retain an ongoing relationship in most instances.
2. Can such tactics be legal and still be unethical
Answer: Yes, there are many situations where things are unethical but not illegal. The
law cannot cover every instance, nor should it attempt to.
3. Is it naive to be completely honest and bare your soul during negotiations?
Answer: Yes, barely your soul or being nave will probably not have a good result. You
can be a good negotiator without being unethical or deceptive. Timing is important.
4. Are the rules of negotiations unique? Is any tactic that will improve your chance of winning
acceptable?
Answer: Yes, negotiation is a skill that needs to be learned and honed. The rules are
somewhat unique but you need to negotiate with integrity. No, many tactics are not
acceptable. The ground rules should be set upfront.
Source: Based on R. Cohen, Bad Bidness, New York Times Magazine, September 2, 2006, p. 22;
M. E. Schweitzer, Deception in Negotiations, in S. J. Hoch and H. C. Kunreuther (eds.), Wharton on
Making Decisions (New York: Wiley, 2001), pp. 187200; and M. Diener, Fair Enough, Entrepreneur,
January 2002, pp. 100102.
Class Exercise
Lead a discussion, or break the students into groups to discuss the questions raised in the last paragraph
of the dilemma. Ask them to apply these questions to various situations. Do they come up with different
outcomes depending on the scenario? Why or why not?
Suggested Discussion:
The issues raised in the Ethical Dilemma, focus on negotiations and deceptive practices. To enhance the
discussion, the instructor may wish to provide students with two models of negotiationsdistributive and
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integrative. The former model assumes limited resources in fixed amounts and falls into the category of
zero-sum activities (in order for one party to gain, the other must lose); the integrative approach is
thoroughly discussed in the book Getting To Yes. Here the assumption is that negotiations are principled
affairs that are based on establishing goals, not engaging in deceptive practices. Other areas for
discussion should focus on relationships between the parties (and whether or not those relationships are
on-going). One topic to explore could be using deceptive practices in negotiating with individuals with
whom you have an on-going relationship. Ask students what may happen to issues of trust and
cooperation?
Suggested Scenarios:
1.
2.
3.
4.
Negotiate your salary and benefits package for a job you have just been offered with a new
employer. The employer would like to know what you were compensated in your last job.
Negotiate with a vendor who will do extensive renovations of the company headquarters over the
next year. You are on a very tight budget and if you come in under budget, you will be a hero
and receive a promotion and bonus.
Negotiate a divorce. Your retirement and the savings for your childrens education are at stake.
You suspect your to-be ex-spouse will fritter it away.
Negotiate the sale of your house. You are in deep debt and need to maximize the selling price to
come out unscathed. You are moving into a very small apartment to save money once the sale
is complete.
Case Incident 1
DAVID OUT-NEGOTIATING GOLIATH: APOTEX AND BRISTOL-MYERS SQUIBB
Peter Dolan survived many crises in his five-year tenure as CEO of drug giant Bristol-Myers Squibb.
There were a corporate accounting scandal, allegations of insider trading, FBI raids of his office, and a
stock price that dropped 60 percent during his tenure. But in the end, what may have done Dolan in was
his negotiation performance against the head of Apotex, a Canadian drug company founded by Dr. Barry
Sherman.
At its peak, Plavixa drug to prevent heart attackswas Bristol-Myerss best-selling drug and
accounted for a staggering one-third of its profits. So when Apotex developed a generic Plavix knockoff,
Dolan sought to negotiate an agreement that would pay Apotex in exchange for a delayed launch of
Apotexs generic competitor. Dolan sent one of his closest lieutenants, Andrew Bodnar, to negotiate with
Sherman. Bodnar and Sherman developed a good rapport, and at several points in their negotiations
asked their attorneys to leave them alone. At one key point in the negotiations, Bodnar flew to Toronto
alone, without Bristol-Myerss attorneys, as a gesture of goodwill. The thinking was that the negotiations
would be more effective this way.
As Dolan, Bodnar, and Bristol-Myers became increasingly concerned with reaching an agreement
with Sherman and Apotex, they developed a blind spot. Privately, Sherman was betting that the Federal
Trade Commission (FTC) wouldnt approve the noncompete agreement the two parties were negotiating,
and his goal in the negotiation was to extract an agreement from Bristol-Myers that would position Apotex
favorably should the FTC reject the deal. Indeed, he nonchalantly inserted a clause in the deal that would
require Bristol-Myers to pay Apotex $60 million if the FTC rejected the deal. I thought the FTC would turn
it down, but I didnt let on that I did, Sherman said. They seemed blind to it.
In the meantime, Apotex covertly began shipping its generic equivalent, and it quickly became the
best-selling generic drug ever. Thus, Sherman also managed to launch the generic equivalent without
Bristol-Myerss even considering the possibility that he would do so while still engaged in negotiations.
It looks like a much smaller generic private company completely outmaneuvered two of the giants of
the pharmaceutical industry, said Gbola Amusa, European pharmaceutical analyst for Sanford C.
Bernstein & Company. Its not clear how or why that happened. The reaction from investors and analysts
has ranged from shock to outright anger. Within a few months, Dolan was out at Bristol-Myers.
CHAPTER 15
142
Questions
1. What principles of distributive negotiation did Sherman use to gain his advantage?
Answer: His goal was to get as much of the pie as possible. He was not looking for a long-term
relationship and as such, he was in a win/lose mode. Their interests were opposed and he did not
share information.
2. Do you think Sherman behaved ethically? Why or why not?
Answer: No, he did not bargain in good faith and he was deceptive in his tactics. He hedged his bets
and planned to win regardless of the FTC ruling.
3. What does this incident tell you about the role of deception in negotiation?
Answer: Deception can be used, however, unethical it is not illegal. In this case, he and his company
prospered due to his deceptive techniques.
Source: Based on J. Carreyrou and J. S. Lublin, How Bristol-Myers Fumbled Defense of $4 Billion Drug,
Wall Street Journal, September 2, 2006, pp. A1, A7; and S. Saul, Marketers of Plavix Outfoxed on a
Deal, New York Times, August 9, 2006
Case Incident 2
NEGOTIATION PUTS HOCKEY IN THE PENALTY BOX
Not every negotiation ends on a good note. Just ask National Hockey League (N.H.L.) Commissioner
Gary Bettman, who, on February 16, 2005, cancelled all of the games remaining in the season following a
5-month lockout by the owners. Though professional sports such as hockey and baseball have had close
calls with losing an entire season, Bettmans decision was a first: The whole schedule was lost. Said
Bettman, This is a sad, regrettable day.
On the other side of the dispute, Bob Goodenow, executive director of the N.H.L. Players
Association, similarly regretted the impasse. He said, Yes, we apologize to the fans. Though the
repercussions to the league and its players are obvious, canceling the season also had ramifications on a
broader level, including lost revenues for local businesses and N.H.L. game merchandise sales.
So, why did Bettman cancel the season? The primary issue was a salary cap, but Goodenow
said, The players never asked for more money. They didnt want to be locked out. Gary owes the
apology. He started the lockout. Weve done an awful lot to try to get to a fair resolution. According to
reports, negotiations began when the league attempted to lower the average salary from $1.8 million per
year to $1.3 million per yeara 28 percent decrease. The leagues reason? Although the N.H.L.s total
revenue had reached $2.1 billion a year, players were paid 75 percent of this revenue. According to the
league, this high percentage kept the league from being profitable and directly contributed to the leagues
loss of $479 million over the past two seasons. The players union then countered with an offer to reduce
salaries by 24 percent rather than the 28 percent the league wanted. Bettman then tried an alternative
solution: to persuade the union to accept a salary percentage of no more than 55 percent of league
revenues. Instead of reducing pay to an average level, this proposal would link players pay to the
leagues revenues, which could fluctuate up or down. The leagues players opposed both ideas until
Bettman and the N.H.L. team owners offered a salary cap that did not link payroll and revenue. At this
point, negotiations looked promising.
However, neither party could agree on an amount. The owners offered a cap of $40 million per
team and then increased it to $42.5 million. But the players wanted a cap of $52 million per team and then
lowered their proposal to $49 million. Although the dollar difference in this round of negotiations amounted
to only 6.5 million, neither side could agree, negotiations stopped, and the season was cancelled.
Said Goodenow, Gary gave us a final offer, a take-it-or-leave-it offer. We made a
counterproposal and events ground to a halt. A reporter asked both sides whether they would have
Copyright 2009 Pearson Education, Inc. publishing as Prentice Hall
143
PART THREE
The Group
accepted a compromise of around $45 million per team. Such a compromise may have saved the season.
Bettman stated, If they wanted $45 million, Im not saying we would have gone there, but they sure
should have told us. Goodenow, however, wouldnt speculate: The what-ifs arent for real.
So how did the two sides eventually get the players back on the ice? They agreed to a 6-year
deal that set a salary cap of $39 million per team for the 20052006 season (remember the players
wanted a cap of $49 million). Many players were unhappy with the terms of the deal but felt that fighting
the salary cap was a waste of time that did nothing but alienate the fans. Many players spoke out against
Goodenow, arguing that he put the players in a no-win situation. Less than a week after the lockout
ended, Goodenow resigned as executive director of the N.H.L. Players Association. He denied that his
resignation was in response to the players complaints. The lack of an agreement in the N.H.L.
negotiations was a loss to everyonethe league and businesses connected to the league, the owners,
the players, and, of course, the fans.
Questions
1.
How would you characterize the N.H.L. negotiationas distributive or integrative? From what
perspective (distributive or integrative) did the parties approach the negotiation? How might this
approach have affected the outcome?
Answer: It is clearly distributive, adversarial where both parties viewed the situation as a zerosum activity. Neither party was willing to move from their final positions. Nor did either party
trust the other.
2.
What factors do you believe led to the lack of a settlement in the N.H. L. negotiations? How might
you have handled the negotiation if you were a representative of the league? Of the players
union?
Answer: This question calls for students to speculate as to what they may have done if they were
in the situation. This would be an interesting class exercise by having some students take the role
of management and other the players association.
3.
Negotiating parties are often reluctant to reveal their BATNA (best alternative to a negotiated
agreement) to the opposing party. Do you believe that parties in the N.H.L. negotiation were
aware of each others BATNA? How might this knowledge have affected the negotiation?
Answer: It was clear that neither party understood (or particularly cared) what the others
alternatives (or walk away positions) were. Given the lack of maturity of the parties and their
mutual distrust, there was very little room for effective and integrative bargaining.
4.
It appears that a point of compromise (a $45 million per team salary cap, for example) may have
existed. What steps could both parties have taken to reach this point of compromise?
Answer: Both parties would have had to demonstrate good faith in their dealings with the other.
Given the hostility and the volatile climate, this was virtually impossible in the environment where
the negotiations (or lack thereof) took place.
Source: Based on J. Lapointe, and R. Westhead, League Cancels Hockey Season in Labor Battle, The New York
Times, February 17, 2005, p. A.1.
ENDNOTES
K. W. Thomas, Toward Multidimensional Values in Teaching: The Example of Conflict Behaviors, Academy of
Management Review, July 1977, p. 487.
2
G. Ku, A. D. Galinsky, and J. K. Murnighan, Starting Low but Ending High: A Reversal of the Anchoring Effect
in Auctions, Journal of Personality and Social Psychology 90 (June 2006), pp. 975986.
3
Q. Reade, Workplace Conflict Is Time-consuming Problem for Business, PersonnelToday.com, September 30,
2004, <URL>www.personneltoday.co.uk</URL>.
4
K. OConnor and P. Carnevale, A Nasty but Effective Negotiation Strategy: Misrepresentation of a CommonValue Issue, Personality and Social Psychology Bulletin, May 1997, pp. 504515.