NCJ Number
176926
Journal
Negotiation Journal Volume: 15 Issue: 1 Dated: January 1999 Pages: 31-51
Date Published
1999
Length
21 pages
Annotation
Negotiators must make strategic decisions about their negotiation approach to ensure success in resolving difficult disputes, and practical recommendations are offered based on an interests, rights, and power framework for dispute resolution.
Abstract
Much of the recent negotiation literature focuses on using interest-based or integrative (win-win) negotiation strategies to produce mutually beneficial outcomes. Although these strategies are attractive and useful, the reality is that negotiation, especially in the dispute context, may become difficult and integrative strategies may not be effective. Negotiators need to become more strategic in the selection and implementation of negotiation strategies. One alternative is to negotiate in a framework in which disputants can choose to focus on the different approaches represented by interests, rights, and power. The interests focus offers an opportunity to learn about common concerns, priorities, and preferences of the parties involved. The rights focus will likely lead to a distributive agreement, one in which there is a winner and a loser, or to a compromise that does not realize potential integrative gains. The power focus means parties try to coerce each other into making concessions that each would not otherwise make. Empirical findings are presented on how negotiation cycles through interests, rights, and power, and on the prevalence of reciprocity and one-sided distributive outcomes that result from reciprocity of rights and power. The strategic use of the interests, rights, and power framework is discussed, and guidelines are offered on how to break conflict spirals of reciprocated rights and power and on when and how to use rights and power effectively in negotiation. 30 references, 2 notes, 2 tables, and 2 figures