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Negotiation as a Management Process
Published online by Cambridge University Press: 13 June 2011
Abstract
Modern international negotiation is evolving toward a managerial process and away from a classical dispute-settlement procedure. Negotiation between governments is becoming the functional equivalent of bureaucracy within governments, and it is designed to increase orderly decision making and reduce uncertainty in the international society. Theories of bargaining and diplomatic representation are less useful in understanding modern large-scale negotiation than are theories about the management of information, or theories about how individuals develop common perceptions in complex situations. Concepts that help to explain modern negotiation are: problem-solving search, which emphasizes the development of relationships or hierarchies in complex data; programmed operations, which emphasize the tedious trial-and-error process of building agreement; and final agreement, which emphasizes the reformulation of problems.
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- Copyright © Trustees of Princeton University 1977
References
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3 The material for this essay comes from a case study of the Kennedy Round of trade negotiations, and from the secondary literature on several recent negotiations. Information on the Kennedy Round has been drawn from interviews with participants, as well as repeated runs of a simulation of a multilateral trade negotiation. The simulation was originally designed for graduate students, and has been used in various negotiation training courses at the Department of External Affairs, Ottawa, and at the Department of State, Washington, D.C. The simulation is briefly described in Winham, , “Complexity in International Negotiation,” in Druckman, Daniel, ed., Negotiations: A Social Psychological Perspective (New York: Halsted Press 1977)Google Scholar.
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17 Negotiations are employed to reduce not only uncertainty, but also variety in the international environment. An example is the attempt at the current multilateral trade negotiation to identify and codify various types of non-tariff restrictions to trade.
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26 One Kennedy Round negotiator summarized what was a common theme in many interviews: “Disputes are a matter of how they are defined.”
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33 The concept of structural uncertainty is elaborated in Steinbruner (fn. 30).
34 This observation is supported by interviews and by observation of the trade negotiation simulations. For example, one interviewee stated: “Concessions cannot be explained in logical terms.” For further elaboration of this argument, see Winham (fn. 3).
35 See Preeg (fn. 7), 172–77.
36 Newhouse (fn. 8), 95, quotes former Secretary of State Dean Rusk as saying that SALT may have begun for the Soviets at Glassboro.
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38 Ibid., 108. A senior GATT official expressed a similar sentiment when he said one of the most important abilities of a negotiator was to “grasp relationships.”
39 This observation was made by Robert W. Barnett (fn. 9), 150, in the course of explaining the function of trivia in negotiations. Newhouse (fn. 8), 191, has made an analogous point (“tedium has its place in the negotiating process”) in the course of criticizing the fast-paced strategy of the U.S. SALT delegation.
40 Cf. Cyert and March (fn. 21).
41 Cf. Steinbruner (fn. 30), esp. chap. 3.
42 “Most men in handling public affairs pay more attention to what they themselves say than to what is said to them.” De Calliè;res (fn. 1), 121. “And yet, we found in our experiments that our subjects were overwhelmingly ‘introverted,’ that their demands were primarily determined by their own past demands, and that they paid little attention to one another's offers.” Bartos, Otomar J., “Concession-Making in Experimental Negotiations,” in Berger, Joseph, Zelditch, Morris Jr., and Anderson, Bo, Sociological Theories in Progress (Boston: Houghton Mifflin 1966) 3–28Google Scholar; quote from p. 21.
43 These anxieties often are expressed as principles. For example, one E.E.C. negotiator stated: “It was difficult for our partners to understand our decision-making process … we faced a simultaneous negotiation … it was part of the democratic process.”
44 The A.S.P. provides for assessment of duty on foreign products based on the value of a “like or similar” domestic product. It works as follows: an American customs official decides if an imported good is “similar,” values it in comparison to the domestic good, and then applies the existing tariff rate. The system creates uncertainty for exporters (Preeg calls it “irregularity”), and in some cases very high tariffs (Preeg notes that one effective tariff was 172%, and it became known as “Mont Blanc” in the Kennedy Round). Preeg (fn. 7), 171.
45 See March and Simon (fn. 15), and Cyert and March (fn. 21).
46 One highly placed interviewee commented: “The advantage of tariff negotiations is that you can put phony numbers on things.” For further discussion, see Winham (fn. 3).
47 An interviewee summed it up in the following terms: “Negotiation is a subjective affair: at the end you just take the best guess.”
48 Dreyer, H. Peter, “Tariff Talks Package Gets Mixed Reaction,” New York Journal of Commerce (May 1967), 1Google Scholar.
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50 It is interesting to consider the reverse of this proposition: just as there is more bureaucracy in negotiation, there is also more negotiation in bureaucracy. See the literature on “bureaucratic politics”; see also Strauss, Anselm and others, “The Hospital and Its Negotiated Order,” in Zartman, I. William, ed., The 50% Solution (Garden City: Anchor Books 1976), 98–117Google Scholar.
51 An analogous observation was made by a State Department official about the adversary process in international relations, and particularly “the structuring effect this procedure has on disputes at the international level.” Herbert J. Spiro, in Observations on International Negotiations (fn. 9).
52 See Coser, Lewis A., The Functions of Social Conflict (New York: Free Press 1956)Google Scholar, esp. chap. VII, “Conflict—The Unifier.”
53 Nicolson has sensibly reduced the list to seven virtues: truthfulness, precision, calm, good temper, patience, modesty, and loyalty. However, he “takes for granted”: intelligence, knowledge, discernment, prudence, hospitality, charm, industry, courage, and even tact. Nicolson, , Diplomacy (Oxford: Oxford University Press 1963), 67Google Scholar.
54 The same theme wase eloquently stated about the Law of the Sea Conference by Ambassador Christopher Pinto of Sri Lanka: “The potential of the individual personality at the Conference to construct or destroy, cannot be overstated.” “The Oceans: National Interest and Global Perspective,” speech delivered before the Colloquium sponsored by the Canadian Group of the Trilateral Commission, Halifax, January 21, 1976.
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