Listly by CambridgeNegotiation
A selection on the subject of Negotiation & Mediation with a focus on Five Practice Groups: Labor & Salary, Entrepreneurship, Business, Government & Public Sector, Mediation
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Abstract
We propose a two-level-game (Putnam, 1988) perspective on gender in job negotiations. At Level 1, candidates negotiate with the employers. At Level 2, candidates negotiate with domestic partners. In order to illuminate the interplay between these two levels, we review literature from two separate bodies of literature. Research in psychology and organizational behavior on candidate-employer negotiations sheds light on the effects of gender on Level 1 negotiations. Research from economics and sociology on intra-household bargaining elucidates how negotiations over the allocation of domestic labor at Level 2 influence labor force participation at Level 1. In conclusion, we integrate practical implications from these two bodies of literature to propose a set of prescriptive suggestions for candidates to approach job negotiations as a two-level game and to minimize disadvantageous effects of gender on job negotiation outcomes.
Bowles, Hannah Riley and McGinn, Kathleen, Gender in Job Negotiations: A Two-Level Game (May 13, 2008). Harvard Business School NOM Working Paper No. 08-095; HKS Working Paper No. RWP08-027. Available at SSRN: https://ssrn.com/abstract=1132784 or http://dx.doi.org/10.2139/ssrn.1132784
Abstract
"The current work explores the role of distinct negative emotions (anger and fear) on the propensity to negotiate. In particular, we were interested in whether emotions could alleviate the 'women don't ask' phenomenon (Babcock, Laschever, Gelfand, & Small, 2003). In a laboratory experiment, participants completed a performance task followed by an emotion induction task that induced anger, fear, or neutral emotions. Participants then had the opportunity to negotiate their payment for the experimental session. Results showed that fearful men were less likely to initiate negotiation and earned less money than men in a neutral state. Fearful women, in contrast, were more likely to initiate negotiation and earned more money than either women or men in a neutral state. No within gender differences were observed between the anger and neutral conditions."
Jung, Heajung and Young, Maia J. and Bauman, Christopher W., What Helps Women Ask for More?: The Role of Discrete Emotions on the Initiation of Negotiation. IACM 23rd Annual Conference Paper. Available at SSRN: https://ssrn.com/abstract=1612514 or http://dx.doi.org/10.2139/ssrn.1612514
Abstract
The current study extends prior negotiation research on culture and verbal behavior by investigating the display of nonverbal behaviors associated with dominance by male and female Canadian and Chinese negotiators. We draw from existing literature on culture, gender, communication, and display rules to predict both culture and gender variation in negotiators’ display of three nonverbal behaviors typically associated with dominance: relaxed posture, use of space, and facial display of negative emotion. Partici- pants engaged in a dyadic transactional negotiation simulation which we videotaped and coded for non- verbal expression. Our findings indicated that male Canadian negotiators engaged in more relaxed postures and displayed more negative emotion, while male Chinese negotiators occupied more space at the negotiation table. In addition, use of space and negative emotion partially mediated the relationship between culture and joint gains, as well as satisfaction with negotiation process. We discuss contributions to cross-cultural negotiation literature, implications for cross-cultural negotiation challenges, as well as future studies to address cultural variation in the interpretation of nonverbal cues.
Semnani-Azad, Zhaleh and Adair, Wendi L., The Display of 'Dominant' Nonverbal Cues in Negotiation: The Role of Culture and Gender (March 26, 2011). International Negotiation, Vol. 16, No. 3, pp. 451-479, 2011. Available at SSRN: https://ssrn.com/abstract=2011109
Harvard Business School NOM Working Paper No. 09-064
**Kolb, Deborah and McGinn, Kathleen, Beyond Gender and Negotiation to Gendered Negotiations (October 29, 2008). Harvard Business School NOM Working Paper No. 09-064. Available at SSRN: https://ssrn.com/abstract=1291948 or http://dx.doi.org/10.2139/ssrn.1291948
Abstract
The role of gender in negotiation has been extensively explored and documented in a now rich body of literature. A main strand of empirical evidence suggests that women, largely due to their gender socialization, tend to be weaker negotiators relative to men and consequently, less effective in pursuing their economic, social or family interests in diverse bargaining settings. We present findings from a Greek setting that paint a different picture, in which gender does not have a strong impact on the negotiating process when the negotiating parties are members of a competitive profession. We selected three different groups (Greek attorneys-at-law, Greek business students and a control group made up of young employees in public and private organizations) and distributed self-assessment questionnaires to test for negotiating style and gender-specific negotiation behavior. Our findings suggest that differences which may be attributed to gender are less pronounced for Greek legal practitioners. Stronger determinants of successful outcomes in negotiations are negotiators' individual characteristics (competitive negotiating style, persuasion, social and emotional intelligence) and the conformity of Greek lawyers of both sexes to the competitive group norms of their profession. Therefore, the shared norms and values of professional culture play a critical role in how lawyers negotiate. We discuss these findings in the context of a larger social setting, especially by reference to the changing hierarchies and shifts in power in a legal profession increasingly populated by women.
Feidakis, Andreas and Tsaoussi, Aspasia, Competitiveness, Gender and Ethics in Legal Negotiations: Some Empirical Evidence (Fall 2008). International Negotiation: A Journal of Theory and Practice, Vol. 14, No. 3, pp. 537-570, 2009. Available at SSRN: https://ssrn.com/abstract=1336282
Abstract
The role of gender in negotiation has been extensively explored and documented in a now rich body of literature. A main strand of empirical evidence suggests that women, largely due to their gender socialization, tend to be weaker negotiators relative to men and consequently, less effective in pursuing their economic, social or family interests in diverse bargaining settings. We will present findings from a Greek setting that paint a different picture, in which gender does not have a strong impact on the negotiating process when the negotiating parties are members of a competitive profession. We used two different classrooms (one comprised of Greek attorneys-at-law and another comprised of Greek business students) as laboratory settings and distributed self-assessment questionnaires to test for negotiator style and gender-specific negotiation behavior. Our findings suggest that differences which may be attributed to gender are less pronounced for Greek legal practitioners. Stronger determinants of successful outcomes in negotiations were negotiators' individual characteristics (competitive negotiating style, persuasion, social and emotional intelligence) and the conformity of Greek lawyers of both sexes to the competitive group norms of their profession. All successful negotiators fit the profile of ¿pragmatic problem-solver¿ - and most of these negotiators were female lawyers. We discuss these findings in the context of a larger social setting, especially by reference to the changing hierarchies and shifts in power in a legal profession increasingly populated by women.
Tsaoussi, Aspasia, Female Lawyers as Pragmatic Problem Solvers: Negotiation and Gender Roles in Greek Legal Practice (January 1, 2008). THE THEORY AND PRACTICE OF REPRESENTATIVE NEGOTIATION, Trevor Farrow, Colleen Hanycz, Fred Zemans, eds., pp. 198-210, Emond Montgomery Publications, Toronto, 2008. Available at SSRN: https://ssrn.com/abstract=968005
Abstract
Authors demonstrate the potential for backlash against assertive female negotiators in a hiring experiment. Participants were 119 North American undergraduate students who assessed the impression created by a job candidate based on a resume and interview notes. Interview notes indicated whether the candidate was male or female and whether s/he negotiated for special job benefits during the interview. Results reveal a significant interaction effect between gender and negotiating behavior, such that participants judged female candidates who negotiated for benefits to be less hireable than females who did not negotiate or than males in either condition.
Bowles, Hannah Riley and Babcock, Linda and Lai, Lei, Backlash: Social Incentives for Gender Differences in Negotiating Behavior (July 15, 2004). IACM 17th Annual Conference Paper. Available at SSRN: https://ssrn.com/abstract=573568 or http://dx.doi.org/10.2139/ssrn.573568
Abstract
In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.
Franck, Susan D., A Survival Guide for Small Businesses: Avoiding the Pitfalls in International Dispute Resolution. Minnesota Journal of Business Law and Entrepreneurship, Vol. 3, No. 19, 2004. Available at SSRN: https://ssrn.com/abstract=811506
Abstract
Based on a very rich literature regarding the requirements for successfully selling in nowadays conditions, the present paper brings into discussion what might become a new concept, relevant for better understanding the role that salespeople are expected to play: the concept of sales-entrepreneur, or, in other words, the person conducting sales as his own business. After a short summary of more important topics and research findings in the recent literature on sales management, authors enumerate the main changes affecting the business environment which ask for reconsideration of the role, ways and means of salesmen. Authors emphasize the changes related to the seller-buyer relationship, including attenuation of the information asymmetry and of the negotiation power gap. Finally, the main distinctive traits of a sales-entrepreneur are uncovered in an attempt of systematization of choices that an entrepreneurial mindset will do among selling strategies and techniques. The article does not intend to draw a conclusion, but simply to launch a debate and a possibly useful direction of study.
Dinu, Vasile and Tachiciu, Laurentiu, Selling with Entrepreneurial Spirit: The Sales-Entrepreneur (February 2, 2009). Amfiteatru Economic, Vol XI (Issue: 25), pp. 21-28, 2009. Available at SSRN: https://ssrn.com/abstract=2305245
Abstract
The dilemmas that may encounter entrepreneurship result of an expected conflict between VCs and entrepreneur, disagreement can be beneficial for the venture performance. While the conflicts classified as personal disagreement, which negatively associated with entrepreneur’s performance. In this paper, after the author reviewed the literature studies that involve the entrepreneur and venture capital, related domains of research into relationships between both. There is a significant gap in research, which focus on possible resolution of relationship conflict between the entrepreneurs and venture capital.
Alqatawni, Tahsen, The Relationship Conflict between Venture Capital and Entrepreneur (July 3, 2013). Available at SSRN: https://ssrn.com/abstract=2289585 or http://dx.doi.org/10.2139/ssrn.2289585
Abstract
This study examines the relationships among angel investor‐entrepreneur relationship conflicts, task conflicts, and goal conflicts on the one hand and their intentions to exit on the other. I evaluate the hypotheses with survey data from 65 angel investors and 72 entrepreneurs belonging to 54 ventures located in either California or Belgium. Regression analyses indicate that entrepreneurial intentions to exit are higher for entrepreneurs who face more task and goal conflicts. Angel investors' intentions to exit are only increased when faced with more goal conflicts. Together, these results indicate the importance of taking into account investor‐entrepreneur relations when studying their respective exit processes.
Collewaert, Veroniek, Angel Investors' and Entrepreneurs' Intentions to Exit Their Ventures: A Conflict Perspective (July 2012). Entrepreneurship Theory and Practice, Vol. 36, Issue 4, pp. 753-779, 2012. Available at SSRN: https://ssrn.com/abstract=2104605 or http://dx.doi.org/10.1111/j.1540-6520.2011.00456.x
Abstract
The goal of this paper is to examine whether conflicts with venture capitalists (VCs) could prompt chief executive officers (CEOs) to experience regret of action (regarding their poor partner choice) or regret of inaction (regarding their own inability to avert conflict). We argue that it is important to examine such feelings of regret that could motivate CEOs to change their financial intermediation and collaboration strategies in the future. We propose that VCs and CEOs may experience two types of conflict: (1) pacing conflicts regarding the direction and speed of venture advancement driven by perceived inequities in economic and social exchange; and (2) prerogative conflicts about the allocation of control rights and relationship issues driven by the perceived inequities in power relations. We hypothesize that pacing conflicts will be related to increasingly intense prerogative conflicts, whereas the latter will be associated with both types of CEO regret. The proposed model is tested with structural equation modeling techniques applied to the data collected from104 CEOs of VC‐backed ventures. All the hypotheses are supported. Our main finding is that CEOs appear to be ambivalent about their conflict with VCs, regretting both their prior choices as an error of judgment (regret of action) and their own lack of initiative (regret of inaction).
Khanin, Dmitry and Turel, Ofir, Conflicts and Regrets in the Venture Capitalist–Entrepreneur Relationship (October 2015). Journal of Small Business Management, Vol. 53, Issue 4, pp. 949-969, 2015. Available at SSRN: https://ssrn.com/abstract=2658873 or http://dx.doi.org/10.1111/jsbm.12114
Abstract
This study examines how angel investor–entrepreneur task conflicts are related to portfolio company innovativeness and how this relationship is moderated by the level of agreement on priorities, diversity of entrepreneurial experience, and the level of communication. Using survey data gathered from 54 teams of angels and entrepreneurs in Belgium and the United States, we show that the negative relationship between task conflict and innovativeness is more severe when the teams have lower levels of agreement on priorities, when there is less diversity of experience in the team, and when the teams communicate more frequently.
Collewaert, Veroniek and Sapienza, Harry J., How Does Angel Investor–Entrepreneur Conflict Affect Venture Innovation? It Depends (May 2016). Entrepreneurship Theory and Practice, Vol. 40, Issue 3, pp. 573-597, 2016. Available at SSRN: https://ssrn.com/abstract=2776841 or http://dx.doi.org/10.1111/etap.12131
Abstract
Traditional views of gender in negotiation focus on differences between men and women. Even though the focus is presumably on men and women, it is really only women who are implicated - they are either similar to men or difference from them. Using a different perspective, it is possible to use gender as a lever into negotiation processes. Specifically, a gender lens highlights: the challenges of social position; the ways gender and legitimacy are negotiated in bargaining interactions and the possibilities for transformative outcomes.
Kolb, Deborah, Negotiations Through a Gender Lens (May 2002). Simmons School of Mgmnt., Center for Gender in Orgs. Working Paper No. 15. Available at SSRN: https://ssrn.com/abstract=314462 or http://dx.doi.org/10.2139/ssrn.314462
Abstract
Research evidence across a number of disciplines and fields has shown that women can encounter both social and financial backlash when they behave assertively, for example, by asking for resources at the bargaining table. But this backlash appears to be most evident when a gender stereotype that prescribes communal, nurturing behavior by women is activated. In situations in which this female stereotype is suppressed, backlash against assertive female behavior is attenuated. We review several contexts in which stereotypic expectations of females are more dormant or where assertive behavior by females can be seen as normative. We conclude with prescriptions from this research that suggest how women might attenuate backlash at the bargaining table and with ideas about how to teach these issues of gender and backlash to student populations in order to make students, both male and female, more aware of their own inclination to backlash and how to rectify such inequities from both sides of the bargaining table.
Tinsley, Catherine H. and Cheldelin, Sandra I. and Schneider, Andrea Kupfer and Amanatullah, Emily T., Women at the Bargaining Table: Pitfalls and Prospects (May 1, 2009). Negotiation Journal, Vol. 25, p. 233, 2009; Marquette Law School Legal Studies Paper No. 09-19. Available at SSRN: https://ssrn.com/abstract=1397699
Abstract
Two experiments show that sex differences in the propensity to initiate negotiations may be explained by differential treatment of men and women when they attempt to negotiate. In Experiment 1, participants evaluated candidates who either accepted compensation offers without comment or attempted to negotiate higher compensation. Men only penalized female candidates for attempting to negotiate whereas women penalized both male and female candidates. Perceptions of niceness and demandingness mediated these effects. In Experiment 2, participants adopted candidates' role in same scenario and assessed whether to accept the compensation offer or attempt to negotiate for more. Women were less likely than men to choose to negotiate when the evaluator was male, but not when the evaluator was female. This effect was mediated by women's nervousness about negotiating with male evaluators. This work illuminates how differential treatment may influence the distribution of organizational resources through sex differences in the propensity to negotiate.
Bowles, Hannah Riley and Babcock, Linda and Lai, Lei, It Depends Who is Asking and Who You Ask: Social Incentives for Sex Differences in the Propensity to Initiate Negotiation (July 2005). KSG Working Paper No. RWP05-045. Available at SSRN: https://ssrn.com/abstract=779506 or http://dx.doi.org/10.2139/ssrn.779506
Abstract
Over the past three decades, the number of women entering the legal profession has increased substantially. Despite significant expansion in the number of female law students and legal practitioners, many individuals, including both legal employers and academics, stereotypically think that male and female attorneys behave differently in critical situations. These individuals suspect that female attorneys are less successful negotiators than their male counterparts. This article explores this assumption by empirically testing the relative abilities of men and women to perform successfully on negotiation exercises. It concludes that there is no significant difference in the relative abilities of men and women to achieve beneficial results for their clients and discusses how this research relates to women in the legal profession generally.
Craver, Charles B. and Barnes, David W., Gender, Risk Taking, and Negotiation Performance. Michigan Journal of Gender & Law, Vol. 5, p. 299, 1999; Seton Hall Public Law Research Paper No. 899787. Available at SSRN: https://ssrn.com/abstract=899787
Source (http://journals.sagepub.com/doi/pdf/10.1177/0149206311431307)
Abstract
Employment relationships are increasingly personalized, with more employment conditions open to negotiation. Unfortunately, personalization may disadvantage members of some demographic groups. Women, in particular, routinely negotiate less desirable employment terms than men do. The gender gap in employment outcomes is frequently attributed to differences in the ways that men and women negotiate. The authors review the negotiation research demonstrating that women are disadvantaged in negotiations and the organizational behavior research examining the backlash experienced by agentic women. They use the stereotype content model and expectancy violation theory to explain why “best practice” negotiation behaviors benefit male negotiators but backfire for female negotiators. Gender-counternormative behaviors create negative expectancy violations for women, generating backlash and negatively affecting women’s outcomes. The authors’ integration suggests two distinct avenues for enhancing women’s negotiation outcomes. The first strategy set ensures that agentic negotiation behaviors stay below a negotiation partner’s threshold for perceiving negative violations; the second strategy set ensures that behaviors signaling warmth and likeability exceed a partner’s threshold for perceiving positive violations.
Citation (http://journals.sagepub.com/doi/pdf/10.1177/0149206311431307)
Volume: 38 issue: 4, page(s): 1387-1415
Article first published online: December 29, 2011;Issue published: July 1, 2012
Abstract
Despite significant incentives pushing for women’s equality in the workforce, women continue to lag behind men in terms of pay and leadership positions. Even more disconcertingly, women, on average, have equal or better educational credentials and offer comparable skill sets to employers. There are a variety of causal factors that have been postulated for this disparity, including women’s childcare obligations, proclivity for public interest and low-paid employment, and heightened concern for work-life balance. However, one additional latent cause exists. Often, women are not as effective self-advocates as men; though women may not believe it is socially acceptable for them to ardently self-promote, women’s reticence to effectively negotiate results in women receiving significantly less pay for the same work.
This article will explore the factors affecting women’s willingness to negotiate and the differences between male and female negotiation styles. Subsequently, this article will propose several recommendations for closing the gender gap in negotiation and in the workplace.
Johnson, Julia, Gender Differences in Negotiation: Implications for the Workplace (April 18, 2014). Available at SSRN: https://ssrn.com/abstract=2499303 or http://dx.doi.org/10.2139/ssrn.2499303
Abstract
A granddaughter joins the family business as a partner. An entrepreneur licenses his newest product. Two parties decide to settle a dispute. A charitable idea materializes as a private foundation. A parent's belief in the power of education is perpetuated by a trust agreement. Each of these events forms a narrative. A transaction is more than the scratch of pens across signature pages or the click of keys to email an executed document. A transaction is itself a story. These stories, made with provisions and clauses, result in the formation of contracts, agreements, and wills. Conceptualizing transactions as narratives benefits the negotiation, drafting, implementation, interpretation, and, ultimately, enforceability of the transactional document.
This article showcases the use of narrative techniques applicable to the drafting of transactional documents. Tethered to the fundamental principles of good drafting, the article will highlight the use of stock stories, plot and narrative movement, character, point of view, narrative setting, themes, and motifs across a spectrum of transactional documents.
Chesler, Susan and Sneddon, Karen J., Once Upon a Transaction: Narrative Techniques and Drafting (May 01, 2016). Oklahoma Law Review, Vol. 68, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2780996
Abstract
Unlike typical negotiation experiments, we investigate when people initiate negotiations when there are no overt prescriptions to negotiate. In a novel paradigm, participants played a word game and were subsequently offered the lowest compensation possible by the experimenter. Consistently, women asked the experimenter for greater compensation much less often than men. Situational ambiguity also affected initiation of negotiation: Stronger cues about the negotiability of payment increased rates of asking. Yet, cues to "negotiate" did not lessen the gender gap. We further explored men's and women's perceptions and feelings about negotiating for things compared to asking for things and found negotiating to be more aversive for women than asking. Based on these results, we are currently exploring if cues to "ask" compared to cues to "negotiate" will increase rates of initiating negotiation among women and narrow the gender gap.
Small, Deborah and Gelfand, Michele Joy and Babcock, Linda and Gettman, Hilary, Who Gets to the Bargaining Table? Understanding Gender Variation in the Initiation of Negotiations. IACM 17th Annual Conference Paper. Available at SSRN: https://ssrn.com/abstract=602783 or http://dx.doi.org/10.2139/ssrn.602783
Abstract
There is a consensus that there is a gap between male and female wages. This paper investigates whether this is due to a negotiation gap, and what mechanisms can alleviate it, by examining whether females ask for less in a controlled bargaining setting that accurately models relevant aspects of negotiating over a starting salary. The results are stark: females ask for less, and earn less than males. Providing social information eliminates the negotiation gap, and more importantly, the wage gap.
Rigdon, Mary L., An Experimental Investigation of Gender Differences in Wage Negotiations (October 14, 2012). Available at SSRN: https://ssrn.com/abstract=2165253 or http://dx.doi.org/10.2139/ssrn.2165253
FEMALE politicians are easily labelled: from the battle-axe to the national mum. Everything they do contributes to the media’s desire to pop them into ready-made boxes, whether it’s their hairstyle, clothes or shoes.
Abstract
Michael Reich is having severe doubts about how he split the equity with his co-founders two months ago, when they completed a one-page "November Agreement." Since then, Michael has found an angel investor and has worked non-stop on the business, while one co-founder was off enjoying the winter break with his family and the other worked on lucrative consulting contracts for other companies. Michael has just sent his co-founders a proposal that would re-allocate the equity within their founding team, and all three founders are getting ready to reopen a negotiation they thought had been finalized.
Wasserman, Noam and Malhotra, Deepak K., Negotiating Equity Splits at UpDown (April 20, 2012). Harvard Business School Entrepreneurial Management Case No. 812-701. Available at SSRN: https://ssrn.com/abstract=2053195
Britons debate whether Winston Churchill, long thought to be uncompromising hero, may have considered negotiating with Germany in 1940; focus on statements made in debate with foreign secretary, Lord Hallifax, who was advocate of appeasement; ultimately, historians agree, Britain's reign as world power would end with World War II no matter what course Churchill followed; photo (M)