Remedies for Cognitive Biases Part IV of Negotiating with Difficult People by

Victoria Pynchon of ADR Services, Inc.

Behind every accusation is a cry for help

Tit for Tat

• Cooperation in a world of distrust

• Romeo and Juliet• The Prisoner’s

Dilemma

• Identify Value = precedent, relationships, reputation, fairness, profit, opportunities, survival, praise, fulfillment

• Create value locate & identify interests (preferences, priorities, needs, desires, fears)

• Claim value make case for your entitlements, trade differences, enhance commonalities

• Reap value craft durable agreements

• What are you attempting to achieve?

• How might this deal help/hurt your opportunities to achieve it?

• In the best of all possible worlds, what would your preferences be?

• Who/what else might be included in deal to maximize result for both of us?

• Why is that desirable/not acceptable?

How can we address _____________

YOUR interests

While addressing ______________

OUR interests

in a way that satisfies _________________?

our common interests

• They’re not difficult, they are uninformed– Educate them about their

true interests, consequences of their actions, our BATNA

– Help them understand what is in their best interest

– May have misunderstood or ignored a crucial piece of information

They don’t understand the case lawThey haven’t considered trading items of low value to them but high value to you

They don’t foresee the bright economic future you doThey are too distracted by emotional considerations to make rational choices

You haven’t given them a way to accept your view without losing face

They are not irrational; they have hidden constraints– Institutional– Precedential– Promises to others– Deadlines

They’re not evil; they have hidden interests.– Personal (unrelated to you or

deal)– Relational (related to you but

not to deal, i.e., “face”)– Political, social, cultural

Opposing Parties• Need for upfront cash today• Fear of greater competition

tomorrow• Concern about shelf-life of

product, patent, market, distribution chain

• Opposing counsel concerns (likely much like your own)

• Concern of opposing party’s GC, CEO, executives, manager

• Outside influences

Next, Gaining the Upper Hand