What will you learn in this course?

Course-Level Learning Objectives

Language & Intercultural Awareness Objectives

  1. Recognize and understand interests, positions, and needs of the two sides
  2. Use expressions for making assertions, positions, denials, agreement and disagreement
  3. Analyze language to recognize reframing and restructuring in negotiation
  4. Create a strategy that includes reframing and restructuring to support your position
  5. Analyze language to recognize collaborative and competitive strategies
  6. Create a strategy that includes language for collaborative and competitive strategies
  7. Understand and strategize for high- and low-context cultures in a negotiation
  8. Use appropriate language forms to make proposals, state positions, and identify interests of participants in the negotiation

Negotiation Process Objectives

  1. Understand and describe the definition of and purpose for negotiation
  2. Know how to establish a tone for negotiation through understanding the distinction between competitive bargaining and collaborative problem solving
  3. Understand participant roles and stakeholders in a negotiation
  4. Identify, analyze and strategize for various roles and relationships in the negotiation process
  5. Understand and use various leverage strategies in the negotiation process

Conflict/Issue Objectives

  1. Research the conflict/issue, the problem(s) to be negotiated, the stakeholders and relationships, positions and interests, data to support positions and interests
  2. Analyze a conflict or issue
  3. Learn and use vocabulary related to the conflict/issue
  4. Use the analysis to strategize for a negotiation process, style and approach

Framing the Issue Toward a Joint Solution

This task is designed to help you understand how to frame an issue and direct the negotiation to your position.

You will watch the “Framing the issue toward a joint solution” video and notice how Miles Pomper:

  • Re-frames the issues to support his positions
  • Legitimizes his positions and delegitimizes the opposing positions
  • How he supports his views with factual information about the the problems
  • Introduces collaboration ideas for joint solutions.
  1. Go to: http://sansspace.middlebury.edu/file?id=8133/m5-recording-assignment-miles-framing-the-issue-new-mp4
  2. Follow the instructions you find there.

Reminders About Reframing

A negotiator uses a “frame” to cause the counterpart to focus on  an features of an issue useful to the negotiator’s position, and  to disregard other features of the same issue not useful to the  negotiator’s positions—those that fall outside this frame.

Reframing changes the discourse from the counterpart’s frame to  the negotiator’s frame.

Reframing can be useful for:

  • Toning down a blaming or critical statement to state it    in a more positive frame
  • Shifting from negative to positive
  • Shifting from past to future
  • Expanding the resources from which they are drawing    (sometimes referred to as “expanding the pie”), redefining what    one side wants so that everyone can have what they want at the    same time, even with limited resources
  • Moving from positions to interests
  • Moving from self-serving to problem solving
  • Cooperating for mutual agreement on the definition of the    problem
  • Identifying the needs or concerns behind a stated    position to shift focus on needs and alternatives to meeting    those needs
  • Identifying the issue that needs to be resolved; can be a    start to building an agenda
  • Emphasize common concerns/common ground
  • Acknowledge emotions but shift the focus so emotions are    not central
  • Shift from one side’s responsibility to shared    responsibility

  Phrases used for reframing:

  • Let’s look at the bigger picture…
  • So it is important to you that…
  • What I understand you to say is…
  • What you are concerned with is…
  • What you need to see here is…
  • Your goal would be to…

NPT Assignment

Graded Assignment

Instructions:

  1. Read the text of the treaty.
  2. In writing, summarize the main points of the treaty. What are the most salient (important) points for our negotiation case?
  3. Your summary should be 1/2 a page, single spaced.

TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS

Signed at Washington, London, and Moscow July 1, 1968
Ratification advised by U.S. Senate March 13, 1969
Ratified by U.S. President November 24, 1969
U.S. ratification deposited at Washington, London, and Moscow March 5, 1970
Proclaimed by U.S. President March 5, 1970
Entered into force March 5, 1970

The States concluding this Treaty, hereinafter referred to as the “Parties to the Treaty”,

Considering the devastation that would be visited upon all mankind by a nuclear war and the consequent need to make every effort to avert the danger of such a war and to take measures to safeguard the security of peoples,

Believing that the proliferation of nuclear weapons would seriously enhance the danger of nuclear war,

In conformity with resolutions of the United Nations General Assembly calling for the conclusion of an agreement on the prevention of wider dissemination of nuclear weapons,

Undertaking to cooperate in facilitating the application of International Atomic Energy Agency safeguards on peaceful nuclear activities,

Expressing their support for research, development and other efforts to further the application, within the framework of the International Atomic Energy Agency safeguards system, of the principle of safeguarding effectively the flow of source and special fissionable materials by use of instruments and other techniques at certain strategic points,

Affirming the principle that the benefits of peaceful applications of nuclear technology, including any technological by-products which may be derived by nuclear-weapon States from the development of nuclear explosive devices, should be available for peaceful purposes to all Parties of the Treaty, whether nuclear-weapon or non-nuclear weapon States,

Convinced that, in furtherance of this principle, all Parties to the Treaty are entitled to participate in the fullest possible exchange of scientific information for, and to contribute alone or in cooperation with other States to, the further development of the applications of atomic energy for peaceful purposes,

Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament,

Urging the cooperation of all States in the attainment of this objective,

Recalling the determination expressed by the Parties to the 1963 Treaty banning nuclear weapon tests in the atmosphere, in outer space and under water in its Preamble to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time and to continue negotiations to this end,

Desiring to further the easing of international tension and the strengthening of trust between States in order to facilitate the cessation of the manufacture of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery pursuant to a Treaty on general and complete disarmament under strict and effective international control,

Recalling that, in accordance with the Charter of the United Nations, States must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, and that the establishment and maintenance of international peace and security are to be promoted with the least diversion for armaments of the worlds human and economic resources,

Have agreed as follows:

Article IEach nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices.

Article IIEach non-nuclear-weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.

Article III1. Each non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agencys safeguards system, for the exclusive purpose of verification of the fulfillment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures for the safeguards required by this article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this article shall be applied to all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere.

2. Each State Party to the Treaty undertakes not to provide: (a) source or special fissionable material, or (b) equipment or material especially designed or prepared for the processing, use or production of special fissionable material, to any non-nuclear-weapon State for peaceful purposes, unless the source or special fissionable material shall be subject to the safeguards required by this article.

3. The safeguards required by this article shall be implemented in a manner designed to comply with article IV of this Treaty, and to avoid hampering the economic or technological development of the Parties or international cooperation in the field of peaceful nuclear activities, including the international exchange of nuclear material and equipment for the processing, use or production of nuclear material for peaceful purposes in accordance with the provisions of this article and the principle of safeguarding set forth in the Preamble of the Treaty.

4. Non-nuclear-weapon States Party to the Treaty shall conclude agreements with the International Atomic Energy Agency to meet the requirements of this article either individually or together with other States in accordance with the Statute of the International Atomic Energy Agency. Negotiation of such agreements shall commence within 180 days from the original entry into force of this Treaty. For States depositing their instruments of ratification or accession after the 180-day period, negotiation of such agreements shall commence not later than the date of such deposit. Such agreements shall enter into force not later than eighteen months after the date of initiation of negotiations.

Article IV1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of this Treaty.

2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.

Article VEach party to the Treaty undertakes to take appropriate measures to ensure that, in accordance with this Treaty, under appropriate international observation and through appropriate international procedures, potential benefits from any peaceful applications of nuclear explosions will be made available to non-nuclear-weapon States Party to the Treaty on a nondiscriminatory basis and that the charge to such Parties for the explosive devices used will be as low as possible and exclude any charge for research and development. Non-nuclear-weapon States Party to the Treaty shall be able to obtain such benefits, pursuant to a special international agreement or agreements, through an appropriate international body with adequate representation of non-nuclear-weapon States. Negotiations on this subject shall commence as soon as possible after the Treaty enters into force. Non-nuclear-weapon States Party to the Treaty so desiring may also obtain such benefits pursuant to bilateral agreements.

Article VIEach of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a Treaty on general and complete disarmament under strict and effective international control.

Article VIINothing in this Treaty affects the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.

Article VIII1. Any Party to the Treaty may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to the Treaty. Thereupon, if requested to do so by one-third or more of the Parties to the Treaty, the Depositary Governments shall convene a conference, to which they shall invite all the Parties to the Treaty, to consider such an amendment.

2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to the Treaty, including the votes of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. The amendment shall enter into force for each Party that deposits its instrument of ratification of the amendment upon the deposit of such instruments of ratification by a majority of all the Parties, including the instruments of ratification of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. Thereafter, it shall enter into force for any other Party upon the deposit of its instrument of ratification of the amendment.

3. Five years after the entry into force of this Treaty, a conference of Parties to the Treaty shall be held in Geneva, Switzerland, in order to review the operation of this Treaty with a view to assuring that the purposes of the Preamble and the provisions of the Treaty are being realized. At intervals of five years thereafter, a majority of the Parties to the Treaty may obtain, by submitting a proposal to this effect to the Depositary Governments, the convening of further conferences with the same objective of reviewing the operation of the Treaty.

Article IX1. This Treaty shall be open to all States for signature. Any State which does not sign the Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force after its ratification by the States, the Governments of which are designated Depositaries of the Treaty, and forty other States signatory to this Treaty and the deposit of their instruments of ratification. For the purposes of this Treaty, a nuclear-weapon State is one which has manufactured and exploded a nuclear weapon or other nuclear explosive device prior to January 1, 1967.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession, the date of the entry into force of this Treaty, and the date of receipt of any requests for convening a conference or other notices.

6. This Treaty shall be registered by the Depositary Governments pursuant to article 102 of the Charter of the United Nations.

Article X1. Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.

2. Twenty-five years after the entry into force of the Treaty, a conference shall be convened to decide whether the Treaty shall continue in force indefinitely, or shall be extended for an additional fixed period or periods. This decision shall be taken by a majority of the Parties to the Treaty.

Article XIThis Treaty, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.

DONE in triplicate, at the cities of Washington, London and Moscow, this first day of July one thousand nine hundred sixty-eight.

Positional Moves Self-Recording

A Graded Assignment

Sansspace Recording Assignment

Positional Moves

Before doing this assignment, be sure to do the Positional Moves in Negotiation interactive language tutorial listed in the asynchronous activities.

For each of the following Moves, choose an appropriate phrase from the Language column. You may also use a another phrase that you like that communicates the same meaning. Put the phrase into the context of our negotiation topic by adding content to it.

Record your voice saying these phrases in context.

This assignment is due at the end of Week 2. Your revisions based on instructor feedback are due at the end of Week 3.

Follow this link to Sansspace to record your positional statements. Go to Positional Moves Recording Assignment Folder for the instructions.

Grading Rubric

1=low to 5=high

30 possible points (Bonus points are possible for more than one example per move and for adding new phrases to those listed below.) 

Moves

  • Changing the topic
  • Continue to discuss issue
  • Denying relevance of an argument
  • Giving positional information
  • Making a personal insult
  • Making a promise
  • Making a threat
  • Making an offer
  • Offering a trade-off
  • Providing a rationale
  • Reject an argument
  • Seeking positional information

Language

  • That’s a good point, but…
  • What do you suggest…
  • You…[insult]
  • I can offer…since/because…
  • Unless you… we will…
  • I can offer
  • You need to check your facts…
  • Our position is that…
  • I can offer… if…
  • Let me propose…
  • If…we may have to consider…
  • Before we get to that, let’s discuss
  • If you… we will…
  • Let’s discuss this later…

Collaborative Dialogue and the Middle Way

MP900178868Guidelines for Collaborative Dialogue

Joint problem-solving

The collaborative approach to negotiation seeks to change the focus from individual wants and needs into a single joint problem, allowing the parties to let go of personal attachment to their requirements to take a more objective and equitable perspective.

Collaborative strategy

Being collaborative does not mean being weak and giving in. On the contrary, a collaborative approach seeks to gain the best possible solution.

Transparency and trust

It is possible to be transparent without giving away too much information. To gain trust, avoid deceptive practices. Eliminate suspicion by being open and transparent, sometimes providing information before it is requested.

When the other side is competitive

The biggest dilemma occurs when the counterpart tries to take advantage of your collaborative approach (possibly seeing it as a weakness). Be assertive and balanced, for example showing your strength while offering an olive branch. Critical for this approach is to have your BATNA ready and to show that you are prepared to use it.

Read More (optional): Collaboration, Dialogue and Negotiation

Middle Way Approach-Based Dialogue

Middle_Road_Bridge_01The Middle Way approach enhances the collaborative dialogue by focusing on mutual concerns for the core conflict issues and letting go of the win-lose mentality (Dorjee, 2013).

Basic Principles

Substantive dialogue is central to resolving intergroup conflict

Dialogue consists of empathetic (mindful) listening and creative ways of dealing with difference. It is an interactional process in which participants explore and become more aware of the mutual and different frames and filters inherent to the various sides of the negotiation. Dialogue requires that the parties seriously consider each other’s concerns, even when disagreement occurs or persists. (Boulding, 2001; Saunders, 1999 in Dorjee, 2013).

Recognizing positive interdependent relationships in a conflict can lead to intergroup harmony

A competitive win-lose approach, usually adopted by the party in the conflict with the greater power, creates a negative interdependent relationship. However, parties can cultivate a positive interdependent relationship in which power is reframed from being an attribute of an individual or group, to a relational concept.  The relational perspective allows power to be used for mutual benefit by recognizing power “currencies” that both sides possess: e.g., resources, strategic linkages, particular skills or expertise, etc.).

Advocating high mutual concerns is central to intergroup harmony

The concept of “face” is central of advocating high mutual concern. Face is a “precious identity resource in communication” and is “tied to the emotional significance…that we attach to our own social self-worth and the social self-worth of others” (Ting-Toomey, 2005). According to Dorjee (2013), the Middle Way approach advocates “high mutual-face concerns for promoting group harmony.” We will study Face more in the next part of this module.

Creative thinking that transcends polarized hard-line positions is essential

A positional approach to negotiation communicates and reflects differences, rather than mutual interests or benefit. Thinking creatively outside of the polarized positions reflects mutual concern, allowing negotiators to find common ground. Collaborative dialogue and the Middle Way approach can reveal underlying needs and interests and provide access to deeper symbolic meanings that lie within the parties’ frames or that can be mutually negotiated.

Middle Way Solution

The Middle Way can be a marker for finding the place in-between two extreme views. Once negotiators are no longer confined to polarized positions, exploring the in-between places, mutual needs and interests can be revealed.

Read More (optional): Intercultural and Intergroup Conflict Resolution: Nonviolence and Middle Way Approaches


References for this page

Collaborative Dialogue: L. Steven Smutko, Natural Resources Leadership Institute, NC State University. 2005, http://www.ncsu.edu/nrli/decision-making/projects/documents/NegotiationCollaborativeProblemSolving.pdf

Dorjee, Tenzin. (2013). Intercultural and intergroup conflict resolution: Nonviolence and middle way approaches. In J.G. Oetzel & S. Ting-Toomey (Eds.), The Sage handbook of conflict communication (2nd edition, pp. 687-711). Los Angeles, CA: Sage.

Ting-Toomey, S. (2005). The matrix of face: An updated face-negotiation theory. In W. Gudykunst (Ed.), Theorizing about intercultural communication (pp. 71-92). Thousand Oaks, CA: Sage.

 

Part 3: Face and Diplomatic Negotiation

What is Face?

Watch the interview with Stella Ting-Toomey on the concept of face.

 

 

 

 

Face Orientations and Cultural Dimensions

Using your knowledge of cultural dimensions and negotiation strategies, take this tutorial on face. First, some definitions.

Face is a critical concept in interpersonal and intergroup communication. It is even more significant in conflict, especially intercultural conflict and negotiation.

Face is “about identity respect and other-identity consideration issues” either within or outside the actual encounter. It is related to our emotional attachment to our “social self-worth and the social self-worth of others.” It is our social “face” that we present in any interpersonal or intergroup interaction.

Face threat or face loss occurs when someone else violates our expectations about respect for our identity. Facework involves the linguistic and paralinguistic behaviors we used to maintain or repair face threat or face loss. (Ting-Toomey, 2005)

Let’s look at the conflict styles and facework strategies that can be used to maintain or repair face.

From: Ting-Toomey, S. (2005).

Face Movements and Interaction Strategies

When interacting with others in negotiation, we may choose different face movements, depending on whether we want to “maintain, defend, and/or upgrade self-face or other-face.” Interaction strategies involve high-context and low-context communications as well as conflict styles in negotiation (dominating, avoiding, integrating, etc.).

From Ting-Toomey, 2005

More Facework: Group Graded Assignment

1. Read this page on Repairing Communication Breakdowns

2. Go through this Apologies Lesson presentation on intercultural issues with making apologies. Discuss together how you would deal with the scenarios given in the presentation. Then do the group assignment at the end.

Reference this page:
Ting-Toomey, S. (2005). The matrix of face: An updated face-negotiation theory. In W. Gudyhunst (Ed.) (2005). Theorizing about Intercultural Communication. Thousand Oaks: Sage. pp. 71-92.

West Wing Video Analysis

Below are the three video clips we discussed in class. Refer to these videos as needed while completing the tutorial following the videos.

Activity Instructions:

  1. Review the video clips below that we discussed in class.
  2. Take the quiz/tutorial on language of negotiation moves using what you learned about restructuring, concession, rejection, reframing, and compromising
  3. You may take the tutorial as many times as you like
  4. Be prepared to discuss your answers with your mentor group

Part 1

Part 2

Part 3

Analysis of Negotiation Language: West Wing

After watching the videos, take this tutorial.