This is a one-day negotiation training that I recently presented to Qwest Communications in Denver, over a two-day period (50 people is the maximum number that exercise-based negotiation training can be effective)

1. Negotiation and the Anatomy of Conflict with a word on gender and negotiation and negotiation ethics May 11-12, 2009 Victoria Pynchon, J.D., LL.M ADR Services, Inc. Century City, California

4. Why Do We Negotiate?

5. Scarcity

6. Power

7. Values

8. Identity

9. Community

10. Autonomy

11. Pride

12. Self Expression

14. Relative Benefits v. Absolute Numbers

15. Conflict is a Perceived divergence of interests or the belief that the current aspirations of the parties cannot be simultaneously met

16. Relative deprivation Injurious Event Perceptions Self interest/desire Other interest/desire Conflict’s Source Resources Values Dispute = Immediate Manifestation of Conflict Naming Blaming Claiming Tactics Yielding Avoiding Contending Problem Solving Tit for Tat Start nice Be Provokable Be Forgiving

21. Tactics Malcolm Gladwell, Outliers Yielding/Avoiding Negative for yielder Nothing changes for other in a blind approach for landing through clouds where the first officer is convinced that the plane is heading against solid mountain rock all he says is “I am not sure if we have established our gliding path with necessary precision”.

22. Contentious Tactics Ingratiation & gamesmanship Threat, promises & arguments Shaming Coercive Commitments Physical Violence Win-lose Resolution unstable

23. Malcolm Gladwell, Outliers Problem Solving Satisfies some of both parties’ interests Resolution is stable

26. theory of mind © Victoria Pynchon ‘07

27. Our ability to reason arose from our need to understand one another’s intentions and motivations, allowing us to coordinate within a group

28. we developed certain tendencies of thought called cognitive biases universal ways of thinking about what motivates other people

31. What the HECK are they THINKING?

32. and will it be harmful TO ME?

33. Will they cooperate

34. or attack ?

35. How can I make them do what I want them to do?

36. we read signs and symbols in an effort to control our own destiny

38. in the absence of information, we make stuff up

39. We see patterns where none exist Clustering Illusion

40. Cash Register Exercise

41. we discount everything our bargaining partners say reactive devaluation

42. confirmation bias we search for and interpret information in a way that confirms our preconceptions

44. so how can we reach a mutually beneficial and durable agreement? By ascertaining their interests, preferences, priorities, needs, desires, constraints, strengths, and weaknesses, as well as our own

46. Negotiating Women May 11-12, 2009 Victoria Pynchon, J.D., LL.M ADR Services, Inc. Century City, California

51. Distributive and Interest Based Bargaining May 11-12, 2009 Victoria Pynchon, J.D., LL.M ADR Services, Inc. Century City, California

53. Grammar of Negotiation

54. Book Sale Exercise Zone of Potential Agreement (“ZOPA”) SELLER’S WALK AWAY POSITION $4,500 BUYER’S WALK AWAY POSITION $5,000 $0 $7,000

55. Why We Don’t Enjoy Negotiating Well, he never done this before, but seein' as it's special circumstances and all, he says I can knock one hunnert off that TruCoat.

56. Book Sale Exercise

57. Preparing to Bargain

61. A Reason and a Number Resource Materials Part I, page 49

62. The Population of Iraq (exercise)

63. ANCHORING The party making the first reasonable offer should prevail over his bargaining partner who must respond in the range set by that party.

68. Negotiate from Strength "When others sense your willingness to walk away, your hand is strengthened. Sometimes you are better off not getting to yes.“ Robert Rubin, Chairman of Citigroup Executive Committee, former Secretary of the Treasury

69. Prepare Purchase and Sale of Pharmaceutical Plant Over Lunch

70. The Cash Register Exercise & The Persuasion Exercise Distributive vs. Integrative Bargaining Dividing Fisher and Ury’s Famous Orange Distributive Solution Interest Based Solution

71. Asking Diagnostic Questions THE GUY WALKS INTO THE BAR EXERCISE

78. Creating Value for Both

80. Bargaining from a Position of Weakness

84. Half Hour to Negotiate Sale of Pharmaceutical Plant

85. Dealing with Difficult People May 11-12, 2009 Victoria Pynchon, J.D., LL.M, ADR Services, Inc. Century City, California %$%#@*@

86. Behind every accusation is a cry for help

87. “ They won’t use our form!” “They say ‘yes’ but they mean ‘no’.” “They don’t do what they say they will” “They don’t do their homework” “They don’t think of the big picture” “They don’t plan ahead” “It’s all or nothing” “They don’t use their discretion” “They’re not decisive” “They blind-side me” “They act like they’re playing for the other team” “They won’t close the deal”

92. Don’t say “yes yes yes” when what you really mean is “no no no”

97. Name Where Focus Moves Tactics “ at the table” People, process Improved communication, build trust, counter hardball ploys, bridge interests Deal design “ on the drawing board” Value, substance, outcomes Invent and structure agreements to create greater value, better meet objectives, are more sustainable Set Up “ away from the table” Architecture Ensure most favorable scope (right parties, interests, no-deal options, sequence

98. Party Interests: Apparent Interests: Hidden Sequence Customer Price, terms, external events, history, current corporate events, public statements internal goals, pressures, priorities, fears Sales, business representatives, legal, management Qwest Price, terms, competition, history, current corporate goals, concerns Internal goals, pressures, priorities, fears Sales, CD&S, Offer Management, Regulatory, Legal, etc. Competitors Price, terms, etc. Same as above

99. Scope Sequence Process Interests Goals Type of deal: procurement, sale, service Product, service, price, terms, parties, approval internal and external, press Aligning interests, dove-tailing differences, problem solving, distributive/integrative strategy/tactics Qwes t: Profit, growth, reputation, limitation of liability Right deal at right time with right parties at right price Parties to deal : Qwest, customer, suppliers Customer/Provider: profit, growth, reputation, limitation of liability Moves Qwest in desired corporate direction; forwards interests of stakeholders Non-parties: Government, shareholders, public, competition Avoids potential liabilities, reputational damages

100. Apparent/Ascertainable Interests Hidden Interests/Constraints Price, terms, timing Corporate Relation to other goals, plans, concerns, priorities, preferences History, orientation to the future, threats to survival, profitability, stock price, mergers (planned or in process) Personal: financial, power, reputation, fears, constraints, priorities People whose interests are at stake if deal goes south Third parties : stock market, analysts, bankers, government, customers, shareholders, competitors, adversaries, allies

101. Negotiation Ethics