Social Psychology on Negotiation - Dictionary of Arguments
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Negotiation/Social psychology/Nadler/Mueller: Out-of-court settlements are achieved through negotiation, a process that has been studied extensively by social psychologists.
Biases: Negotiators sometimes suffer from a bias blind spot, which refers to the tendency for people to view others as biased, while being unable to perceive their own biases, even when alerted to the potential for bias in their decisions (see Pronin, 2007(1) for review). The ability to reach a negotiated outcome depends in part on the extent to which participants perceive their opponents as biased, rather than the extent of disagreement or opposing interests. Participants who perceive their opponent as more biased act more competitively toward that opponent, and respond more aggressively (Kennedy and Pronin, 2008)(2). In turn, their responses are then perceived as more biased. This back-and-forth misperception of bias leads to a "conflict spiral" in which both parties are more likely to engage in competitive rather than cooperative behavior, which continues to escalate the conflict.
Rapport: Rapport is another interpersonal influence in negotiation, and it is an important determinant of the extent to which negotiators develop the trust necessary to reach mutually beneficial agreements (Nadler, 2004b)(3). Interpersonal rapport has at least three components: mutual attention and involvement, positivity, and coordination.
Conflicts: Frequently, negotiations involve mixed-motive conflicts in which negotiators are motivated to cooperate just enough to ensure settlement, but at the same time to compete with each other to claim the greatest possible bargaining surplus for themselves (Thompson and Nadler, 2002)(4).
Cooperation: To reach a collectively optimal settlement, parties must coordinate on cooperation (Schelling, 1980)(5), meaning that one has to be willing to share information about one's own preferences and priorities and refrain from issuing ultimatums and threats. The development of rapport can foster the kind of cooperative behavior necessary for achieving effcient negotiated settlements in mixed-motive conflicts (Nadler, 2004b)(3).
1. Pronin, E. (2007). "Perception and Misperception of Bias in Human Judgment." Trends in
Cognitive Sciences 1 1 (1): 37-43. doi:10.1016/j.tics.2006.11.001.
2. Kennedy, K. A. and E. Pronin (2008). "When Disagreement Gets Ugly: Perceptions of Bias and the Escalation of Conflict." Personality and Social Psychology Bulletin 34(6): 83 3-848. doi:10.1177/0146167208315158.
3. Nadler, J. (2004b). "Rapport: Rapport in Negotiation and Conflict Resolution." Marquette Law Review 87(4), 875-1025.
4. Thompson, L. and J. Nadler (2002). "Negotiating via Information Technology: Theory and Application“. Journal of social Issues 58(1): 109-124.
5. Schelling, T. C. (1980). The Strategy ofConflict. Cambridge, MA: Harvard University Press.
Nadler, Janice and Pam A. Mueller. „Social Psychology and the Law“. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
Francesco Parisi (Ed)
The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017