Rabia Mustafa* and Sharafat A. Chaudhry**

As explored in the previous article discussing the Harvard Negotiation Project, a distinctive negotiation approach known as principled negotiation has been developed, grounded in four fundamental points: people, interests, options, and criteria. The focus of the second chapter is to illuminate the methodology, with particular attention to the first principle: “Separate the People from the Problem.”

To illustrate a common scenario, consider the following exchange:

Mr. X: The report you submitted has certain loopholes that can be addressed.

Mr. Y: Do you think I did it deliberately? Do I look like a dishonest person to you?

Mr. X: I certainly did not say that; all I meant was that there is a certain problem in the report that can be addressed…

The issue in this conversation, as outlined in the second chapter, lies in the failure to distinguish between problems and individuals. People frequently misinterpret each other and tend to take matters personally. The chapter delves into how effectively separating these two elements is crucial in the negotiation process.

Negotiation inherently involves human interaction, incorporating emotions from both parties. Establishing a working relationship founded on trust and understanding can significantly enhance the efficiency of each negotiation. However, personal egos may lead to emotions such as anger, depression, frustration, and offense. Misunderstandings can reinforce prejudices, triggering counterreactions.

Every negotiator possesses two interests: substance and relationships. The goal is to secure an agreement that satisfies substantive interests while maintaining a positive working relationship with the other party. The ongoing relationship often holds more significance than the specific outcome of any given negotiation. The ‘people problem’ arises when discussions of substance become entangled with interpersonal dynamics.

Positional bargaining exacerbates this entanglement, placing relationships and substance in conflict. Framing a negotiation as a contest of wills over positions intensifies the entangling process. Yielding on a substantive point may not cultivate friendship, might signal vulnerability, or attempt to extract concessions by leveraging the relationship. This strategy often results in unsatisfactory outcomes and strained relationships.

The chapter underscores the paramount importance of disentangling relationships from substantive problems in negotiations. It contends that addressing substantive issues and maintaining a positive working relationship are not conflicting objectives. Instead, with commitment and psychological preparedness, negotiators can navigate both aspects successfully.

The key to addressing people’s problems lies in effectively separating them from substantive issues. There exist three fundamental categories of people’s problems: perception, emotions, and communication. The essence of handling people’s problems is encapsulated in the advice: “Use psychological techniques to address psychological problems.” The following outlines techniques to address each of the three people’s problems:

Perception:

Perception is identified as a pivotal factor, as conflicts often stem from divergent views on a situation. To navigate this, it is recommended to steer clear of assumptions fueled by fears, avoid assigning blame to the other party, and differentiate between symptoms and the individuals involved. The chapter underscores the importance of open communication, explicit discussion of differing perceptions, and involving the other party in the decision-making process. Changing someone’s perceptions is best achieved by conveying a message that defies their expectations. Additionally, the concept of face-saving is introduced to align agreements with negotiators’ principles and self-image, highlighting its relevance in negotiation dynamics.

Emotions:

The significance of emotions in negotiations, especially in contentious disputes, cannot be overstated. The chapter stresses the need to recognize and understand emotions, both one’s own and those of the other party. It advocates for a proactive approach to emotions, including the explicit identification and discussion of feelings, consideration of core concerns driving emotions, and acknowledgment of identity threats. The advice promotes making emotions explicit during discussions, allowing the other party to express their feelings, and avoiding knee-jerk reactions to emotional outbursts. Strategies for handling emotions include letting off steam, symbolic gestures, and the strategic use of apologies. Controlling emotional reactions to prevent conflicts is highlighted, with the suggestion of implementing rules, such as permitting only one person to express anger at a time.

Communication:

In addressing communication problems, the chapter underscores the pivotal role of communication in negotiations and outlines three main challenges: ineffective dialogue between parties, a lack of genuine listening, and the potential for misunderstanding. To overcome these challenges, the importance of active listening and acknowledging what is being said is emphasized. Understanding the other party’s perceptions, emotions, and intentions is deemed crucial. Effective communication involves repeating and positively framing the other party’s viewpoint before presenting one’s perspective. Negotiators are encouraged to treat the negotiation as a joint problem-solving effort rather than a debate or trial. Strategies to enhance communication include establishing private and confidential channels, limiting the size of group meetings, and emphasizing self-expression over criticizing the other party. The chapter advocates purposeful communication, cautioning against unnecessary disclosure that may impede the negotiation process.

Continue…

*  The writer is a Linguist and Senior Research Fellow at School for Law and Development

** The writer is an Advocate, an internationally accredited mediator, and the author of Law and Development.

Leave a comment