The new Cold War thriller Bridge of Spies, based on the true story of the prisoner exchange for captured U2 pilot Francis Gary Powers, shows an attorney living up to the highest standards of advocacy as well as negotiating ability. The movie’s lawyer-hero, James Donovan (played by Tom Hanks) is first seen as a typical insurance company lawyer making clever legal arguments about whether an accident involving five motorcyclists should be considered a single “incident.” Even when doing that, however, Donovan is able to impress by tying those arguments to a higher purpose. When Donovan is asked to defend accused Russian spy Rudolf Abel, he takes his ethical responsibilities, and his devotion to the Constitution and to his client’s interests, […]
Who would have thought that the new movie, Straight Outta Compton, in addition to its great story and great music, would also contain some great lessons about negotiation? The main lesson being about the dangers of creating a partnership deal that is not fair to all of the participants. According to the movie’s version of events, the leader of the group NWA, Eazy-E, and the manager Jerry Heller, presented the other members with a deal giving them a much smaller share of the profits than Eazy-E was taking. Followers of the school of aggressive negotiation can justify this hard bargain because it was originally Eazy-E’s company and he put up the money to get the band’s first record made, and […]
The ink is barely dry on the breakthrough agreement reached this week with Iran, requiring that country to eliminate most of its nuclear weapons capacity in exchange for the lifting of economic sanctions, and many critics are already out in full force decrying the agreement. It seems remarkable that they could be so sure of their opposition without having had much time to read or study the text, or consider carefully whether this deal is better than the alternative of continued conflict. (In previous posts–here and here–on this topic, I outlined the way in which I think any negotiated agreement should be evaluated, not by comparing it to the outcome each side would have preferred, but instead by comparing it […]
Here is Secretary of State John Kerry reporting on the progress of negotiations with Iran. His statement should sound familiar to a lot of mediators: on continuing negotiations so long as progress is being made, on the importance of building an agreement that will last, on the need to avoid being rushed or constrained by arbitrary deadlines, and at the same time on recognizing that difficult decisions need to be made soon if agreement is to be reached.
Some thoughts based on my experience with negotiation and mediation in general that may be relevant to the ongoing Congressional fight over passage of fast track authority for the Trans-Pacific Partnership (TPP) trade agreement (which suffered a major setback on Friday): First, there are great virtues in preserving the secrecy of negotiations until the deal is complete. Critics of the TPP have thrown suspicion onto the deal because many of its terms remain shrouded in secrecy. But confidentiality is something we fight to preserve in mediation and other forms of negotiated conflict resolution. One reason is to allow negotiators freedom to make aggressive offers and demands without fear of being second-guessed by their principals until the deal is completed. Another […]
Last week we heard the news of the strangely untimely death of mathematician John Nash, whose life story was made famous in the book and film “A Beautiful Mind.” The Nash equilibrium is a concept sometimes touched upon in teaching negotiation theory, and it’s not difficult to understand why we should try to understand it, even if we might have trouble doing the math. What Nash and others taught us that is especially relevant to conflict resolution is that parties involved in conflict will often rationally both choose a sub-optimal outcome for themselves. Therefore they will benefit from learning how to be more cooperative with their adversary. That means Nash’s mathematical theory helps prove the usefulness of mediators or some […]