Instructional goals
The new elective course in Theory, Methodology, and Technique of Negotiation aims to provide the students with a solid theoretical and practical knowledge of negotiation, considered as a typical "category" of human beings and in the light of its triple function of being:
a) an interaction and communication channel;
b) a decision-making method;
c) a conflict management and resolution tool.
From the first point of view, and once a clear and all-encompassing definition of “negotiation” has been acquired and its constituent elements analysed, similarities and differences with other forms of interaction (such as, for example, discussion, consultation, problem solving, etc.) will be illustrated, highlighting the aspects of greatest psycho-sociological and organizational interest.
Under the second profile, connections between decision theory and negotiation will be weighed up, exploring the different mental and behavioral processes and reactions that happen during any negotiation.
From the third point of view, the focal one, and after a concise but detailed analysis of “conflict” and of its various aspects, the students will be led through three logical steps:
I. a theoretical one, which will enable them to recognize, critically understand, analyse, and constructively manage a wide range of conflicting situations;
II. a methodological one, which will explain the main methods in use for managing competitive and cooperative aspects of negotiation, enhance ability to communicate with people of different types and cultures, and show how a skillful negotiating aptitude adds to self-confidence, positive relations, and success, both at national and international level, in bilateral or multilateral frameworks, and in the light of a "culture of negotiation" which is very helpful in both personal and professional daily life;
III. a technical one, which will take the students through the whole development of a typical bilateral negotiation process and provide them with useful suggestions and practical tools for reaching agreements.
Finally, some specific issues will be also taken into consideration, such as:
- negotiating on the phone/negotiating through e-mail;
- problems of negotiation involving kidnapping or taking of hostages;
- the influence/contribution of AI to the negotiation process.
Prerequisites
As far as the contents of the subject are concerned, there is no prerequisite knowledge required for this course.
Intended learning outcomes
Knowledge:
The course will start by considering the origins, developments (examples of literature and main schools of thought), recent configurations, and characteristics of the subject; as well as the current and increasing attention paid by international scholars to conflict and peace studies, and to their connection to the study of negotiation.
In this framework, students will learn how to recognize and to analyse real or potential conflict situations in any field (political, economic, social, organizational, etc.) and at any level (from inter-personal to international), developing their capacity of elaborating options to find possible positive solutions.
Issues and topics of theory, methodology, and technique of negotiation, both at national and international level, in a bilateral or multilateral framework, will be then presented and illustrated throughout the course, also thanks to discussions of concrete case studies and comments on explanatory videos.
Skills:
The course will offer students all the conceptual and operational tools for developing an instinctive ability to understand and critically analyse the complexity of various circumstances, with a view to making them clearly manageable.
Students will enhance their skills in communicating in an empathetic, persuasive, and constructive way, developing the ability to cope with different types of people and situations.
Competence:
At the end of the course, students will be able to evaluate different situations and find ways of solving contrasts and conflicts through negotiation.
In short, they will also be able to contribute to peace through the development of a real “culture of negotiation” in their personal and professional life.
Course Contents
The course will address various issues, such as: the origins, developments, and current configuration of the subject, and its interdisciplinary character; the nature of negotiations, from political-diplomatic aspects to the business, social, cultural or organizational ones, as well as everyday life approaches; the nature and the roots of conflict, and its links to negotiation, also following its main authors; the complexity of negotiation in balancing competition and cooperation, both at national and international level, in a bilateral or multilateral framework; the particular sensitivity required in intercultural negotiations; the practical development of a bilateral negotiation process through its different phases; and the so-called "culture of negotiation", as a difficult but always stimulating path from conflict to understanding, as well as its ethical, political, economic, social and cultural values.
The course will develop through a total of 48 contact hours, including analysis of videos and written documents, open discussion, case studies, tests, role-play, and simulations.
Sustainability topics: basic theme as how to peacefully solve and overcome conflicting situations through a "culture of negotiation" aims to promote, maintain and support cultural and pragmatic abilities over time. Teaching and learning Negotiation also means to contribute to create increased possibilities for meeting needs and for an always more efficient reallocation of resources.
Reference Books
Required readings:
- Giovanni Polizzi, Compendium of Theory, Methodology, and Technique of Negotiation, www.lulu.com/bookstore; as well as lecturer’s articles, essays or other additional material;
- Dale Carnegie, How to Win Friends and Influence People, Simon & Schuster, New York;
- R. Fisher - W. Ury, Getting to Yes, Houghton Mifflin Co., Boston.
- Ray Fells, Effective Negotiation, Cambridge Univ. Press, New York (chapters 1,7,10,11).
Also suggested:
- D.W. Hendon - R.A. Hendon, How to Negotiate Worldwide, Gower, Aldershot, 1989;
-J. N. Weiss, The Book of Real-World Negotiations, Wiley & Sons, New York, 2020;
H. Raiffa, The Art and Science of Negotiation, Harvard University Press, 1982;
- G. Kennedy, Everything is Negotiable, Random House, London, 1990;
- D.A. Lax - J.K. Sebenius, The Manager as Negotiator, The Free Press, New York, 1986;
- J. Ilich, Dealbreakers and Breakthroughs, Praeger, New York, 1992.
Teaching Methods
The teaching method (fully enquiry-based) will focus on lectures, but it will also extend to analysis and comments on videos and written documents, practical assignments, open discussions, case studies, tests and, when possible, role-play and simulations, in order to stimulate the active participation of students and reinforce their learning outcomes.
Assessment Method
The assessment method will apply the rules of the new and mandatory “Fully Enquiry-Based Model”. For attending students, the 70% of the overall final grade will consist of the results of a “continuous assessment” on individual or team-based activities/tasks (research, report, essay, etc.) carried out in class or as take-home at the end of weeks 5 (on negotiation theory), 7 (on conflict), and 10 (on methodology and technique of negotiation). The remaining 30% of the overall final grade (100% for non-attending students) will consist of the results of a “final examination”, which will be performed through an individual written questionnaire with closed and open questions (20 for attending and 40 for non-attending students) and a brief oral exam (more extended for non-attending students) on the whole program.
Thesis assignment criteria
Excellent learning outcomes and results of the examination, as well as strong interest and real motivation on the part of the applicant.
Week 1
The remote origins and recent configurations of the subject. Composite character of the subject: its connections to other disciplines. Chronological developments, examples of literature, and schools of thought. Our approach.
Seeking a notion of “negotiation”. Negotiation as a natural aspect of human actions and, philosophically, as a typical “category” of human beings. Comparisons and analysis of different notions. Our notion: first and short description of its basic elements.
Week 2
The triple function of negotiation, as:
a) an interaction and communication channel;
b) a decision-making method;
c) a conflict management and resolution tool.
Under a), similarities and differences with other forms of interaction (such as: bargaining, conflict, consultation, discussion, diktat, and problem solving), and the aspects of greatest psycho-sociological and organizational interest.
Under b), connections between decision theory and negotiation, and their different mental and behavioral processes and reactions.
Under c), the focal point, the relation between negotiation and a previous, actual or potential, conflict, and negotiation without any apparent preexisting conflict.
Week 3
More in depth, the constituent elements of negotiation (1):
a) meta-juridical notion of “process of activities” (nature of n.): its character based on the coexistence between competition and cooperation;
b) the “parties” (subjects of n.): bilateral and multilateral negotiations. The negotiator’s legal profile and problems. Our innovative and meta-juridical notion of “negotiating representation”. Difference between sources of negotiating representation and “negotiating mandate”. “Negotiating capacity”: definition, contents, and difference from “negotiating power”. Attribution and proof of negotiating capacity: “accreditation” and “verification of credentials”. The additional “capacity to formalize the agreement”. Issues concerning the negotiator's will. The theoretical problem of lack of negotiating capacity: the “false negotiator”. Misuse of power (“ultra vires” acts) by the negotiator and conflict of interest with the originating authority.
Week 4
More in depth, the constituent elements of negotiation (2):
c) the “interests” (grounds for n.): outline of theory of interests as motivational constructs. The “interest in negotiating” and “negotiating interests”. The related twofold notion of so-called “BATNA”. Concepts of “divergence” and “interdependence”. Objectivity and subjectivity of interests in the negotiation;
d) the “common issue” (object of n.): various kinds of negotiations depending on the nature of the “issues” which they address (politico-diplomatic, economic, social, cultural, organizational, etc.). The particular case of the so-called “talks about talks”;
e) the “agreement” (goal of n.): various kinds of agreements. Formalization, ratification, and effectiveness of the agreement. The so-called “understanding ad referendum” and the rather rare “agreement to disagree”. The agreement and the relationship between the parties;
f) the “reciprocal concessions” (instruments of n.): concept of “concession” depending on its link with a position (formal c.) or an interest (substantial c.). Concept of “reciprocity”. Problems of concessions and their limits.
The negotiation profile in the Italian legal system and its “reference praxis”.
Week 5
The para-negotiating activity of the “third party” and its essential requirements. Concepts and main elements of “good offices”, “mediation”, “international conciliation”, and “arbitration”. The quite recent “mediation for conciliatory purposes” in civil and commercial disputes.
Week 6
The conflict (1): phenomenology, various nature, and main characters. Chronological developments of conflict studies, examples of literature, and schools of thought. Outline of a simple but exhaustive “conflict theory”: seeking a general concept of “conflict” and its typical features. Our notion based on the one by L. A. Coser: first and short description of its basic elements. Conflicts ranging from everyday arguments to politico-military scenarios of war. Analysis of the deep roots of “intrapersonal”, “interpersonal” (or “intergroups”), and “international” conflicts. Conflicts based on objective reality (“real conflicts”) or on subjective perceptions (“unreal conflicts”). J. Rubin research on conflict as “the perception of a divergence of interests”.
Week 7
The conflict (2): basic psychological attitudes and reactions in the face of conflict situations. “Horney’s triangle” and “Christiansen’s dual theory”. Conflict as “hostility” and conflict as “competition”. Inevitability of conflict: need for acceptance and constructive management. Conflict management and conflict resolution. The conflict “transformation” by Lederach and Galtung. Conflict as a frequent opportunity for growth and development: Pascale’s research and survey on organizations and intra-companies’ conflicts. Conflict and negotiation. Negotiation between competition and cooperation: how to facilitate its evolution. The three most useful methodologies:
a) the Carnegie method for managing interpersonal relationships;
b) the logical-mathematical method inspired by “game theory”;
c) Fisher and Ury’s “principled negotiation” method (Harvard school).
Summary of assessment to identify the most suitable method.
Week 8
The psychological and cultural profile of the negotiator. The ideal skills of the “good negotiator”. Different negotiating approaches, models, methods, preferences, and styles. Self-analysis and psychological analysis of the counterparty.
National and international negotiations: so-called “cross-cultural interactions”.
Bilateral and multilateral negotiations: in particular, European Union negotiations.
Nature and specificity of diplomatic negotiations, and the so-called “diplomatic method”.
Week 9
Theoretical and practical developments of the negotiation process. Its 4 phases.
Phase I: Presentation (accreditation) and Preparation. Commercial practice. The negotiator and their sending body. Diplomatic practice and the links between Foreign Ministries, Embassies and Delegations. Analysis of interests at stake, alternatives, and one’s own and other’s “negotiating power”.
Phase II: Meeting and establishment of positive relations with the counterparty. Procedures and practice. Logistical and organizational issues. Behavioral rules and general assessment of the situation.
Week 10
Phase III: Bargaining, progressive confrontation, and exchange of concessions. Analysis of positions and arguments; progressive exploration of interests, perceptions, and needs (rational, emotional, and passionate aspects); questioning technique; active listening; non-verbal language; possible cognitive traps; and use of time. Confrontation and exchange of concessions: different methods and tactics. Possible impasse: the “brainstorming” session.
Week 11
Phase IV: Understanding, conclusion of an agreement, and follow-up to the negotiation.
Some specific final issues of the course:
- negotiating on the phone/negotiating through e-mail;
- problems of negotiation involving kidnapping or taking of hostages;
- the influence/contribution of AI to the negotiation process.
Week 12
Concluding remarks and comprehensive recap.
In particular, the so-called "culture of negotiation" as a difficult but always stimulating path from conflict to understanding, as well as its ethical, political, economic, social and cultural values.
Free discussion and comments on the course.