Rabia Mustafa* and Sharafat A. Chaudhry**

The fourth principle of the Harvard Negotiation Project explains ‘Invent Options for Mutual Gain’.

The case of Israel and Egypt negotiating over the Sinai Peninsula highlights a common issue in negotiations: the difficulty of finding mutually satisfying solutions. Negotiations often involve a single dimension, such as territory, price, or custody, leading to either/or choices that may favor one party. The key opportunity lies in creative options that expand the pie before dividing it, a skill crucial for successful negotiation.

Diagnosis

However, negotiators and mediators frequently face the following obstacles:

  • Premature judgment,
  • The search for a single answer,
  • The assumption of a fixed pie, and
  • The belief that solving the other party’s problem is their responsibility.

Premature judgment hampers inventive thinking, as practical negotiation seems to require practical, not wild, ideas. The focus on a single answer and the perception of negotiations as a fixed-sum game limit the exploration of diverse options. Additionally, shortsighted self-concern and emotional involvement hinder the development of solutions that address the interests of both parties. To overcome these obstacles, negotiators must recognize and understand these constraints, fostering creativity and a more collaborative approach to achieve optimal agreements.

Prescription

To invent creative options and a more collaborative approach, you need to

  • Separate the act of inventing options from the act of judging them;
  • Broaden the options on the table rather than look for a single answer;
  • Search for mutual gains; and
  • Invent ways to Easy Decision Process

Each of these steps is discussed here:

Separate the Act of Inventing Options from the Act

To enhance creativity in negotiation, it is crucial to separate the process of inventing options from the critical act of deciding. Negotiators should prioritize inventive thinking before making decisions. This can be achieved through brainstorming sessions with colleagues or friends, where the focus is on generating as many ideas as possible without immediate criticism or evaluation.

Guidelines for a successful brainstorming session include defining the purpose, selecting a small group of participants, changing the environment, creating an informal atmosphere, and appointing a facilitator. During the session, participants should sit side by side, clarify ground rules (especially the no-criticism rule), and freely brainstorm ideas without restrictions. Recording ideas visibly helps reinforce collective achievement and avoids repetition.

After brainstorming, promising ideas can be identified, and improvements can be invented collaboratively. The next steps involve evaluating and deciding on the best ideas. Importantly, brainstorming can also be extended to involve the other party, despite the challenges associated with confidentiality and potential misinterpretation of ideas as official offers.

In joint brainstorming sessions with the other side, clear distinctions must be made between brainstorming and formal negotiation. To minimize commitment to specific ideas, presenting multiple alternatives simultaneously can be beneficial. The goal is to create a climate of joint problem-solving and understanding each side’s concerns. Regardless of whether brainstorming is conducted jointly or separately, the fundamental principle remains: separate the act of developing options from the act of deciding to foster a more creative and open negotiation process.

Broaden the Options

To foster creativity in negotiation, broaden your options by separating the act of inventing from the decision-making process. In a brainstorming session, aim for a diverse range of ideas instead of searching for the one best answer. Using a circle chart to multiply options by shuttling between the specific and the general is advised. This involves four types of thinking: specific problem analysis, descriptive analysis, considering theoretical approaches, and developing specific and feasible action suggestions. One good option opens the door to exploring underlying theories and generating more options.

It is highly beneficial to look through the eyes of different experts to gain diverse perspectives. Examine the problem from various professions and disciplines to generate multiple viewpoints and potential solutions. Additionally, invent agreements of different strengths or change the scope of a proposed agreement. Consider partial agreements, involve fewer parties, cover selected subjects, or set limited timeframes to enhance the range of possibilities. By adopting these approaches, negotiators can create a richer landscape of options to facilitate more effective and flexible decision-making.

Searching for Mutual Gains

To enhance creative problem-solving in negotiation, seek mutual gain by challenging the assumption of a fixed pie. Recognize that joint loss is possible, and explore opportunities for joint gain through shared interests and creative solutions. Shared interests by considering the broader goals and concerns of both parties need to be identified. Even in seemingly opposing positions, shared goals can be found. By inventing ideas that align with these shared interests, negotiators can create solutions that benefit both sides.

Looking for solutions that leave both parties satisfied can be utilized. Recognizing the importance of the relationship between parties is essential, as a positive relationship often outweighs the outcome of a specific issue. Strive for solutions that make the other side content and willing to uphold the agreement. Unite differing interests by capitalizing on differences in interests, beliefs, values placed on time, forecasts, and attitudes toward risk. Explore variations in interests, or differences in beliefs, to find opportunities for compromise. Aim for options that are of low cost to one party and high benefit to the other, creating a win-win scenario.

Easy Decision Process

To ensure success in negotiation, aim to make the other party’s decision easy by understanding their perspective and addressing their interests. Focus on a specific individual or key decision-maker rather than dealing with abstract entities. Generate options that transform their decisional choice into an easy one by reducing uncertainty and providing a clear, appealing request.

Consider the content of the decision itself, keeping in mind that the other side may be uncertain about their preferences. Instead of leaving room for negotiation, present concrete proposals and explore multiple versions to aid clear thinking. Draft agreements that are attractive to both parties, considering ease of implementation and minimizing approval hurdles.

Models of the Decision-making Process

Moreover, it is important to know various models of decision-making so that appropriate can be used based on the situation

Decision-making models are categorized into rational, intuitive, recognition-primed, and creative models. Rational models are logical and sequential, listing multiple alternatives and evaluating each one. They involve identifying the problem, establishing decision criteria, collecting information, analyzing the situation, developing options, assessing them, deciding on the best option, implementing the decision, and evaluating the decision. Intuitive models, on the other hand, are based on intuition (what the right option is). However, this model also looks at pattern recognition, similarity recognition, and the importance or prominence of the option. Recognition-primed models combine rational and intuitive decision-making, focusing on one option instead of weighing all. Creative models involve collecting information and initial ideas, allowing the unconscious to guide the decision-making process. The success rate of these models depends on an individual’s experience and expertise.

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

** The write is an Advocate, internationally accredited Mediator and the author of Law and Development.

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