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Getting to Yes: Negotiating Agreement Without Giving In

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... 5 Sixth, the principle of changes to the articles on termination of employment (PHK), in essence, is that the settlement of disputes in industrial relations becomes clearer so that companies do not easily lay off workers. 6 The seventh amendment, the principle of the changes to the severance pay article, is the certainty of severance pay obtained by workers/labourers of 19 times the wage, although this amount has decreased from 32 times the wage, which in practice has never been obtained by workers/labourers. ...
... Dual legitimacy in the presidential system can trap the executive and legislature in tension, especially if the majority political party in the legislature is different from the president's political party (Isra,5 Articles 88, 88A, 88B, and 88C. 6 Articles 151 to 157. 7 As a comparison, the Criminal Code Bill with a total of 2,394 DIM, and discussed since 2015, was completed on 22 December 2022. On the other hand, if the majority of political parties in the legislature are in the majority or equal to the president's supporters, then the presidential government is easily trapped in the confines of authoritarianism. ...
... The zone of possible agreement describes the possibility that there are areas of preference between the two parties, so there is room to reach an agreement (Fisher, 2011). These are the no agreement zone where there are no preferences from both parties, making it difficult to reach an agreement; the possible agreement zone where there is potential to reach an agreement; and the unfavourable agreement zone where the proposed agreement does not meet the preferences of the other party, making it unfavourable. ...
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Regulatory reform by amending various provisions in dozens of laws into a single Omnibus Law on Job Creation has been rejected because it is considered to eliminate protection for workers/labourers, and expand the dominance of employers. The wave of rejection continues to strengthen, raising questions about the process of political communication, conflict and negotiation, and political compromise between political forces in the DPR (Parliamentary Institutions). With a constructiveist paradigm and case study method, and supported by several theories from political science, political communication, negotiation theory, conflict theory, as well as several concepts regarding political compromise, the results showed that political communication in the discussion of the Job Creation Bill took place systematically by placing the authority of political parties as decision makers. Political conflict occurs due to inflexible negotiations. Political negotiations carried out through a principle-based negotiations approach, although it can accelerate the discussion process, is unable to guarantee the effectiveness of political compromise. The Job Creation Bill comes as an orthodox legal product and was declared unconstitutional by the Constitutional Court. Four things that become the findings of this research are (1) the dynamics of political communication are strongly influenced by the presidential-multiparty political system that produces majoritarian power, so that it has consequences for political alignments; (2) political conflicts that arise due to polarisation of political support have presented inflexible political communication, (3) principle-based political negotiations are pragmatically able to accelerate discussions but do not guarantee resistance/rejection by the public; and (4) political compromise through the stages of strategy development, relationship management, and decision making, cannot be a form of agreement that can accommodate all parties
... Em geral são metodologias propostas como atrativas para os litigantes sob a justificativa de reverter a morosidade da Justiça e a imprevisibilidade em suas decisões. Teoricamente, pressupõe-se que, por meio da cooperação, seria viável a resolução consensual, e os dois lados da disputa teriam ganhos simultâneos(Fisher;Ury, 1991). É importante frisar que há forte intercâmbio entre os dois eixos aqui apresentados na análise, com influências mútuas e definidoras para o fortalecimento e a efetivação de suas propostas. ...
... Em geral são metodologias propostas como atrativas para os litigantes sob a justificativa de reverter a morosidade da Justiça e a imprevisibilidade em suas decisões. Teoricamente, pressupõe-se que, por meio da cooperação, seria viável a resolução consensual, e os dois lados da disputa teriam ganhos simultâneos(Fisher;Ury, 1991). É importante frisar que há forte intercâmbio entre os dois eixos aqui apresentados na análise, com influências mútuas e definidoras para o fortalecimento e a efetivação de suas propostas. ...
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Desde o rompimento da barragem de Fundão, ocorrido em novembro de 2015, no município de Mariana, a mediação foi determinada por agências do Estado em aliança com as mineradoras rés como a forma mais célere de resolução dos conflitos. Com base no discurso da ocorrência de um “acidente”, a construção do que seria uma “justiça possível” foi estabelecida por esses agentes como “a melhor” forma de tratamento à “excepcionalidade” da situação. Assim, atuando na linha tênue do Direito Constitucional e dos acordos extrajudiciais, tecnologias de gestão da crise e da crítica foram aplicadas ao caso para a reparação dos danos. Apoiando-se na leitura de documentos técnicos e jurídicos, bem como no trabalho de campo, o objetivo deste artigo é promover uma reflexão sobre as tecnologias sociais de gestão adotadas no desastre da Samarco.
... Negotiation tactics play a crucial role in the resolution of diplomatic conflicts by influencing the dynamics of interaction between parties and shaping the outcome of negotiations. One commonly employed tactic is principled negotiation, which focuses on separating the people from the problem and emphasizing mutual interests rather than positions (Fisher et al., 2011). By fostering open communication and collaborative problem-solving, principled negotiation allows diplomats to build trust and explore creative solutions that address the underlying concerns of all parties involved in the conflict. ...
... Positional bargaining tactics, which involve making extreme demands and engaging in hardball tactics, can escalate tensions and lead to impasse in negotiations. Moreover, power plays, such as threats and ultimatums, can undermine trust and cooperation between parties, making it difficult to find common ground and reach mutually acceptable agreements (Fisher, 2011). By recognizing the impact of negotiation tactics on the negotiation process and outcomes, diplomats can employ strategies that promote constructive dialogue, foster cooperation, and ultimately contribute to the peaceful resolution of diplomatic conflicts. ...
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Purpose: The aim of the study was to analyze negotiation strategies in international diplomatic conflicts in United States. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Findings on negotiation strategies in U.S. diplomatic conflicts highlight the use of coercive diplomacy, economic sanctions, and multilateral negotiations. These strategies involve bilateral talks, international organizations, and third-party mediation. Leverage, including military power and economic incentives, is employed to advance U.S. interests. Challenges arise from divergent interests and power dynamics. Success requires a balanced approach of assertiveness and flexibility. Unique Contribution to Theory, Practice and Policy: Game theory, constructivism & distributive and integrative bargaining may be used to anchor future studies on the negotiation strategies in international diplomatic conflicts in United States. Provide negotiators with training and resources to enhance their cross-cultural competence, including understanding cultural values, communication styles, and negotiation norms. Invest in the development of mediation and third-party intervention mechanisms to facilitate diplomatic negotiations in international conflicts.
... Negotiation has become essential for resolving these conflicts and achieving successful outcomes in intergroup relations. Negotiation has been defined as the process of communication between parties with conflicting interests to reach an agreement (Fisher & Ury, 2011). In the context of intergroup relations, negotiation involves communication between members of different groups, to resolve conflicts and promote cooperations. ...
... In complex and diverse situations, negotiation skills are essential for resolving conflicts and achieving successful outcomes. The importance of negotiation in intergroup relations has been highlighted by scholars such as Ury and Fisher, (2011). who argue that effective negotiation involves separating people from the problem, focusing on interests rather than positions, generating options for mutual gain, and using objective criteria to evaluate outcomes. ...
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This paper interrogates negotiation as a critical issue in 21st-century intergroup Relations. It explores the essential issues, relevance, features, challenges, and credentials for effective negotiation in 21st-century intergroup relations.
... Dr. Roger Fisher: juga mengatakan bahwa "Pendekatan preventif adalah pendekatan yang paling berkelanjutan untuk mengelola konflik." (Fisher & Ury, 1981 konflik, meningkatkan kualitas pembelajaran, dan menciptakan lingkungan yang kondusif untuk tumbuh kembang siswa secara optimal. ...
... Dr. Roger Fisher: "Pendekatan resolusi konflik adalah cara untuk menciptakan perdamaian dan harmoni." (Fisher & Ury, 1981.) Dari pernyataan ahli di atas dapat simpulkan bahwa pendekatan resolusi konflik dapat dilakukan dengan berbagai strategi, seperti mediasi, negosiasi, dan arbitrasi. ...
Article
Konflik adalah bagian tak terpisahkan dari kehidupan manusia, termasuk dalam pendidikan. Konflik dapat terjadi di berbagai level, mulai dari individu, kelompok, hingga organisasi. Konflik yang tidak dikelola dengan baik dapat berdampak negatif terhadap proses pendidikan, seperti menurunnya motivasi belajar, meningkatnya perilaku agresif, dan terganggunya hubungan sosial. Oleh karena itu, manajemen konflik menjadi penting untuk diterapkan dalam pendidikan. Manajemen konflik adalah proses yang bertujuan untuk mengurangi atau menghilangkan konflik secara konstruktif. Manajemen konflik dalam pendidikan dapat dilakukan melalui berbagai pendekatan, seperti pendekatan preventif, pendekatan resolusi konflik, dan pendekatan transformatif. Kata kunci : Manajemen Konflik, pendekatan preventif, pendekatan resolusi konflik dan pendekatan transformative.
... Study 2 was an online experiment where participants were paired with another participant forming dyads and engaged in a real-time conflict simulation similar to Steinel et al. (2007) and Fousiani et al. (2021. We used the best alternative to a negotiated agreement (BATNA) approach (Fisher and Ury, 1981 see also Van Kleef et al., 2006; to manipulate participants' relative power. BATNA refers to the most favorable outcome an individual can achieve if they fail to reach an agreement through negotiation with the other party. ...
... BATNA refers to the most favorable outcome an individual can achieve if they fail to reach an agreement through negotiation with the other party. The participant with the strongest BATNA is deemed to possess higher relative power, as they are less dependent on the other party and can pursue their interests to attain a more advantageous outcome (Fisher and Ury, 1981). Accordingly, one of the conflicting parties within the dyad had a stronger BATNA than the other. ...
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Purpose Creativity plays a crucial role in interpersonal conflict within organizations, yet little research has explored its antecedents in this context. This study investigates power and gender as the main determinants of creativity in interpersonal conflict within organizational contexts. Design/Methodology/Approach: Two studies were conducted. The first study involved 226 employees from various organizations (Mage = 39.39, SD = 10.39), while the second study utilized a conflict simulation with 160 participants (Mage = 36.90, SD = 10.45) forming dyads. Both studies investigated the impact of relative power (i.e., having more power than the other person) on creativity in conflict, with a focus on the moderating role of gender. Study 2 also manipulated contextual creativity, which served as an additional moderator in this relationship. Findings: Results largely supported our hypotheses, indicating a positive relationship between relative power and creativity in conflict. Importantly, this relationship was stronger among women. Study 2 further focused on the distinct dimensions of creativity, highlighting differences between idea originality and effectiveness. Originality: This research contributes novel insights into the understanding of creativity within organizational conflicts, emphasizing the interplay between relative power, gender, and creativity. Additionally, the exploration of different dimensions of creativity (i.e., originality and effectiveness) adds depth to existing literature in this area. Practical Implications: The findings hold practical significance for organizational leaders and conflict resolution practitioners, and they further underscore the importance of considering gender dynamics in conflict resolution processes within organizations.
... Kennedy"s definition portrays negotiation as a process wherein mutually beneficial terms are delineated between parties with aligned interests (Kennedy 2003). On the other hand, Fisher and Ury (1981) view negotiation as a principal approach for fulfilling personal objectives through interactions with others. Their depiction of negotiation underscores iterative communication strategies that foster consensus amidst both convergent and divergent interests among involved parties (Fisher and Ury 1981). ...
... On the other hand, Fisher and Ury (1981) view negotiation as a principal approach for fulfilling personal objectives through interactions with others. Their depiction of negotiation underscores iterative communication strategies that foster consensus amidst both convergent and divergent interests among involved parties (Fisher and Ury 1981). ...
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This study investigates the significance of science diplomacy at the convergence of politics, diplomacy, and science, emphasizing its heightened relevance in contemporary geopolitics and economic development. The aim was to elucidate the role of science diplomacy in optimizing negotiation outcomes concerning international business contracts by examining students’ perceptions of its impacts in such contexts. A theoretical analysis was initially conducted to identify the main themes shaping our questionnaire by employing a comprehensive research strategy that combines quantitative and qualitative methods. Data collection was carried out through a survey using a five-point Likert scale. The study revealed the students’ positive evaluation of science diplomacy, indicating their recognition and appreciation of its utilization in enhancing negotiation outcomes over international business contracts. While political leadership remains crucial in economic negotiations, our findings underscore the significant impact of science diplomacy in promoting international economic relations and facilitating domestic companies’ access to global markets. This research significantly contributes to our understanding of the multifaceted role of science diplomacy in global knowledge dissemination and problem-solving. It elucidates the importance of science diplomacy in international relations and academia, emphasizing its constructive impact on addressing complex challenges.
... Effective negotiation techniques are vital for shaping mutually beneficial trade agreements, formalizing bilateral ties, and resolving conflicts to maintain positive relationships and foster cooperation (Fisher et al., 2011;Susskind et al., 1987;Ury, 2000). Long-term strategic planning, aligned with economic goals, ensures sustainable growth and strengthens the partnership over time, as suggested by Mintzberg (1994). ...
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This article investigates the intricate relationship between bilateral trade and economic diplomacy, focusing specifically on the case of Ethiopia and China. Through a qualitative approach integrating interviews, focus group discussions, and thematic analysis, the study delves into the evolving dynamics of their multifaceted partnership. It examines various dimensions of economic relations, including trade agreements, infrastructure projects, and cultural exchanges, while addressing the significance of economic diplomacy in shaping international economic policies and advancing mutual interests. Drawing on insights from scholars and historical context, the research explores specific research questions pertaining to trade policies, tariffs, trade imbalances, quality and type of traded goods, trade-related disputes, and diplomatic negotiations. Findings reveal the transformative power of economic diplomacy, evidenced by the historical trend of bilateral trade volume and the influence of trade policies, tariffs, and agreements on economic diplomacy outcomes. Trade imbalances and trade diversification emerge as critical factors shaping economic diplomacy effectiveness, highlighting the importance of strategic policy alignment and diplomatic negotiations. Theoretical perspectives including liberalism, realism, interdependence theory, constructivism, and institutionalism provide a comprehensive framework for understanding the evolving Ethiopia-China economic relationship. The study underscores the pivotal role of diplomatic negotiations in navigating trade dynamics and fostering resilient economic partnerships. Recommendations offered in the study provide strategic pathways for policymakers to enhance economic relations between Ethiopia and China in the global context, emphasizing the need for strategic engagement in trade negotiations, balancing trade deficit, promoting investment and industrial development, strengthening regulatory and legal frameworks, fostering cultural and academic exchanges, and enhancing infrastructure and connectivity. Moreover, suggestions for future studies outline avenues for further research to deepen understanding of this complex relationship, encompassing longitudinal analysis, comparative studies, sector-specific investigations, stakeholder perspectives, environmental and social dimensions, policy evaluation, and cultural and societal impacts. Addressing these aspects will contribute to a more comprehensive understanding of the impact of bilateral trade on economic diplomacy between Ethiopia and China.
... Although Olekalns & Adair (2013) have focused on these four points, there is one more line of thought that, different from those presented, has been discussed nowadays, in academia and in the corporate world, which is the concepts of bargaining and power (Duzert & Zerunyan, 2015). Those aspects are based on concepts such as the degree of preparation the negotiator has when entering a negotiation and how it interferes with the development of the decision-making process (Fisher et al., 1981). Also, the negotiator's status, autonomy, and role in the negotiation and how they interfere with the process development (Fisher & Shapiro, 2006). ...
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This study examines trust in firms and explores strategies to enhance virtual negotiations. The focus is not just on crises but also on reducing time and expenses associated with travel and in-person meetings. We examined the factors influencing trust in online business-to-business (B2B) negotiations. It focused on complex negotiating situations, involving n = 35 qualitative interviews with experts from 17 distinct business sectors. Research indicates that the mode of communication (synchronous, asynchronous, visual or non-visual), the frequency and convenience of communication, the analysis of behavior (honesty, loyalty, objectivity, dress code, anchoring), and the technology employed influence the perception of trust during virtual negotiations. Hence, we provide a novel framework incorporating the many aspects that influence trust in online negotiation. We refer to this concept as "The Seven Forces that Shape Trust in Virtual Business Negotiations."
... With the further development of AI and negotiation agents, all the knowledge and typical strategic approaches, tactics, and countertactics specific of a particular negotiation context or subcategory, can be part of a possibly enormous database of known strategies and tactics grouped by categories, against which machines will have no match from the side of humans, as they can access all this information in a fraction of a second. Real-time negotiation agents can automatically and dynamically generate some key classical concepts in negotiation, such as the Zone of Potential Agreements (ZOPA), negotiation bands, or Pareto curves, surpassing human capabilities (Raiffa, 1982;Lax & Sebenius, 1986;Fisher & Ury, 1991;Shell, 1999;Raiffa et. al., 2002;Dietmer & Kaplan, 2004). ...
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Since the dawn of time, negotiation has been the way human societies have interacted, transitioned, and prospered. The Latin word negotium, which literally means 'the negation of otium' or 'the negation of leisure', is also related to the word 'business'. Societies and organizations that perfected the way to negotiate prospered or captured the most value available at any deal, while others did not. For a long time, the negotiation capabilities remained solely with individuals. Artificial Intelligence (AI), however, has been invading all spheres of human existence, with potentially positive and negative impacts. Consequently, automated negotiations have become a reality, despite being just in their early stages. Aside from the effective evolution of Negotiation Support Systems (NSS), the Age of Negobots, or automatic negotiation agents, is gaining traction and may have an unexpected impact on all aspects of life. It is not difficult to imagine the economic impacts of powerful algorithms conducting automated negotiations on behalf of humans, organizations, or States, while analysing massive volumes of historical and real-time data, which provides an advantage for the most performing ones. The purpose of this paper is to provide an application of a framework to identify and rate potentially disruptive technologies, achieving this goal by drawing a parallel between the assessment of potential disruptive technologies and the taxonomy concepts used by biologists and naturalists to evaluate species. A framework that incorporates fifteen critical variables across five dimensions was applied and preliminary results suggest that such framework effectively helps in assessing the potential impact of disruptive technologies. Notably, it was found that variables with the highest scores play a crucial role in shaping current and future global affairs across all spheres of human activity.
... Prior research on engaging groups resistant to planning has highlighted the importance of identifying factorslike land values and travel times-that can encourage active participation in the planning process (Trapenberg Frick, 2013). Alternatively, applying Fisher and Ury's (1981) principled negotiation to debates on the 15MC offers a path toward dialogue by identifying common interests between critics' and supporters' positions. Yet, this strategy presumes a common ground that may not always be present. ...
... We expected this to be particularly true for negotiations that contain integrative issues in which conciliatory behavior and creative problem-solving are especially critical to one's personal outcome. Also, beyond purely integrative negotiations, the creativity that results from positive affect could also help people to claim more value by generating more ideas to legitimize or justify their demands (Falcão, 2012;Fisher et al., 2011). ...
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What little prior empirical research that investigated the effects of mindfulness meditation on negotiation performance was conducted in Singapore and the UK and finds benefits. This research reports a mini meta-analysis of ten studies (N > 1100) we conducted in the US on the effect of a brief mindfulness meditation induction on negotiation outcomes and finds a small detriment in terms of value claimed. We had initially hypothesized that mindfulness meditation would help individuals obtain better objective outcomes by claiming more value for themselves due to reduced emotional interference and enhanced flexibility of thought. However, the first study we ran found a moderately strong result in the opposite direction – participants who had just meditated obtained worse objective outcomes by claiming less value than participants in the control condition who had not meditated. In terms of subjective negotiation outcomes, participants in the mindfulness condition reported marginally less satisfaction with the instrumental outcome compared to participants in the control condition. Then we ran nine more experiments and never obtained a significant effect of mindfulness on objective outcomes again. The meta-analysis of the total effect on value claiming across these ten studies was significant (p = .020), negative, and very small (aggregated d = -0.138, 95% confidence interval [-.256, -.021]). We also ran a second meta-analysis on value creation on the appropriate subset of participants and did not find a significant total effect in either direction (p = .609, aggregated d = -.076, 95% confidence interval [-.367, .215]). We discuss implications for theory and practice.
... Diplomats often find themselves mediating disputes and seeking mutually beneficial solutions. Theoretical perspectives emphasize diplomacy as a tool for conflict prevention and resolution (Fisher et al., 1991). African diplomats need to excel as negotiators, adept at finding common ground and building consensus. ...
Article
This article undertakes a comprehensive exploration of the historical evolution of diplomacy in African countries within the Western context, scrutinizing traditional practices, post-colonial transformations, and the enduring impact of milestones like the struggle against apartheid. While diplomacy in this context is vital for international cooperation, economic partnerships, and the projection of national interests, there persist gaps in understanding the determinants shaping diplomats' qualities.The study addresses these gaps by thoroughly examining cultural factors, the impact of educational qualifications, the role of professional experience, and the influence of political challenges on diplomatic effectiveness. Through qualitative methodologies, including purposive sampling and thematic analysis, the research strategically selects cases aligned with the specific focus on diplomatic qualities, ensuring relevance and depth in exploring the nuances of diplomatic effectiveness.Secondary sources, such as academic literature, historical documents, and theoretical frameworks, play a crucial role, contributing to a comprehensive exploration of the subject matter. The combination of purposive sampling and thematic analysis, supported by secondary sources, enhances the robustness of the research design, facilitating a nuanced investigation into the determinants shaping diplomatic effectiveness.The determinants of diplomatic qualities, explored through cultural factors, educational background, and professional experience, offer a holistic understanding of how African diplomats navigate international diplomacy successfully. The study's findings contribute to a robust foundation for policymakers and practitioners to enhance diplomatic strategies, training programs, and educational curricula, ensuring the continued effectiveness of African diplomats in the Western context. Overall, this research provides valuable insights that can inform diplomatic practices, training initiatives, and educational approaches to meet the evolving demands of the African-Western diplomatic landscape.
... En el ámbito metodológico, cuando se trata de enfrentar conflictos, la referencia suele ser el "Modelo Harvard de Negociación" (Fisher et al., 1991) o su sinónimo coloquial: ...
Article
Los conocimientos, habilidades y destrezas para la gestión de conflictos constituyen herramientas útiles para aquellas personas que desempeñan labores de gerencia en instituciones públicas o privadas, pero también para quienes conciben que su vida personal y social es la empresa más importante y quieren gestionarla exitosamente. En este ensayo nos proponemos destacar los elementos conceptuales y metodológicos que caracterizan los diversos modelos de gestión de conflictos y poner de relieve que las competencias requeridas para el manejo y la transformación de conflictos, tanto en el ámbito personal como en el organizacional, y especialmente en el de la conducción de nuestras instituciones de educación universitaria, son ahora y serán en el futuro cercano, requisitos indispensables para la convivencia comunitaria y para los que ejercen la dirección en cualquiera de sus niveles, en una sociedad globalizada post pandémica, que ya no será como la hemos conocido.
... Bir diğer tanıma göre ise müzakere, anlaşmazlığın nasıl çözüleceğine veya kaynakların nasıl dağıtılacağına yönelik tarafların birbirlerine bağlı şekilde karar vermelerini kapsayan sosyal etkileşim sürecidir (Yun ve Jung, 2022). Müzakere kavramını davranışsal bakış açısıyla yorumlayan Fisher ve Ury (1983), müzakerenin bir diğerine karşı kazanılan bir oyun olmadığını tekrar tekrar vurgulamaktadır. Ayrıca her iki tarafın da kazanç sağladığı senaryonun ve iyi bir ilişkinin çözüm uygulamalarında anahtar bir rol oynadığını belirtmektedir (Yu ve Luo, 2022). ...
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Modern iş dünyası, farklı kişisel ve kültürel özellikler ile farklı algılamalara sahip çalışanlar ve yöneticilerden oluşmaktadır. Yöneticilerin kişilik tipilerinin müzakere stillerine etki ettiği düşünülmektedir. Bu çalışmada kamu sağlık kuruluşlarındaki yöneticilerin kişilik tipleri ile müzakere süreci arasındaki ilişkinin araştırılması amaçlanmıştır. Çalışma nitel araştırma yöntemlerinden gözlem ve derinlemesine görüşme yöntemiyle yürütülmüştür. Veriler Batı Anadolu Konya alt istatistik bölgesinde yer alan Konya ve Karaman illerinde kolayda örnekleme yoluyla ulaşılan kamu sağlık kuruluşlarında görev yapan 19 idarecilerinden elde edilmiştir. Araştırmada katılımcıların rızası ile 334 dakikalık ses kaydı verisi elde edilmiştir. Ses kayıtları kelime işlemci programına aktarılmış 9123 kelimelik görüşme metni oluşturulmuştur. Nitel yollarla elde edilen veriler MAXQUDA programı ile keşfedici bir yaklaşımla tematik olarak analiz edilmiştir. Analizde katılımcıların kişilik özellikleri ve müzakere yönelimleri iki vaka modeliyle kodlanmıştır. Katılımcılar yönetim, protokol kuralları, müzakere konularında eğitim almadıklarını bildirmişlerdir. Yöneticilerin mükemmeliyetçi melankolik ve güçlü klorik kişilik tiplerinin öne çıktığı harmonize kişilik tipine sahip olduğu görülmüştür. Ayrıca rekabetçi/işbirlikçi müzakere yöntemlerini birlikte kullandıkları görülmektedir. Müzakerelerde, kurumsal dinamiklerin kişilik özelliklerinden daha çok ön plana çıktığı dikkat çekmektedir. Müzakerelerde, mükemmeliyetçi melankolikler ile güçlü kloriklerin rekabetçi müzakere tarzına; barışçıl soğukkanlı ile popüler optimistlerin ise işbirlikçi müzakere tarzına daha yatkın olduğu belirlenmiştir.
... The frequently used strategies of identifying the root cause of conflicts and focusing on shared goals align with Fisher and Ury's principle that advocates for "focusing on interests, not positions" and "inventing options for mutual gains" as more effective ways to resolve disputes [71]. This principle highlights the importance of negotiation skills in conflict management, suggesting that a deeper engagement with negotiation training could enhance students' capabilities to manage disputes effectively. ...
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This study implements a conflict management training approach guided by principles of transformative learning and conflict management practice simulated via an LLM. Transformative learning is more effective when learners are engaged mentally and behaviorally in learning experiences. Correspondingly, the conflict management training approach involved a three-step procedure consisting of a learning phase, a practice phase enabled by an LLM, and a reflection phase. Fifty-six students enrolled in a systems development course were exposed to the transformative learning approach to conflict management so they would be better prepared to address any potential conflicts within their teams as they approached a semester-long software development project. The study investigated the following: (1) How did the training and practice affect students’ level of confidence in addressing conflict? (2) Which conflict management styles did students use in the simulated practice? (3) Which strategies did students employ when engaging with the simulated conflict? The findings indicate that: (1) 65% of the students significantly increased in confidence in managing conflict by demonstrating collaborative, compromising, and accommodative approaches; (2) 26% of the students slightly increased in confidence by implementing collaborative and accommodative approaches; and (3) 9% of the students did not increase in confidence, as they were already confident in applying collaborative approaches. The three most frequently used strategies for managing conflict were identifying the root cause of the problem, actively listening, and being specific and objective in explaining their concerns.
... Negotiation is the communication between two or more interlocutors with the aim of settling disputes, gaining individual or collective advantage, coming up with solutions that will satisfy diverse interests. Both parties are interested in negotiation on topics of mutual interest and strive to come to an agreement (Fisher et al, 1984). As a fundamental aspect of human interaction and the cornerstone of effective communication through language, negotiation plays a significant role in various domains of human activity such as politics, diplomacy, personal relationships (Ali, 2023). ...
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The study of negotiation skills within education extends beyond verbal communication to encompass cultural competence. Language instruction not only facilitates language acquisition but also fosters development of negotiation skills. Thus, the focus of the present study is on integrating negotiation skills training within the framework of English language instruction, in higher education in particular. The investigation carried out with the application of qualitative and quantitative research methodology, investigates the role of negotiation in educational contexts, discusses the significance of integrating negotiation skills training into higher education, evaluates the effectiveness of various teaching methods in enhancing students’ negotiation abilities, examines the relationship between negotiation and language acquisition. As a result, it can be stated that the integration of negotiation training into the education classroom holds immense potential for students (both academically and personally) in today’s globalized world, thus representing not only an educational imperative but also a societal necessity enabling students to navigate confidently in today’s increasingly complex and interconnected world.
... By "staying power" we mean the capacity to walk away from a relation. In business jargon, this is the BATNA (Best Alternative to a Negotiated Agreement) (Fisher 2011). People who depend on markets for subsistence must enter relations through which to generate market income. ...
... In construction, these criteria may include project specifications, industry standards, and legal requirements. Utilizing objective criteria helps ensure fairness and transparency (Fisher, Ury, & Patton, 2011). 6. ...
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The research studied contract disputes and conflict resolution in building projects in Anambra State. The research adopted a qualitative design. A mixed methods approach was deployed. A scoping review of literature was done, followed by a survey that was carried out by means of a structured questionnaire to elicit information on contract disputes and resolution in Anambra State building projects from 2015 to 2022. The survey results revealed a notable occurrence of conflicts, specifically contract disputes, within the construction initiatives of the state government. In order to optimize conflict resolution in the context of state government construction projects, the research recommends that prioritizing clear contract language, cultivating efficient communication strategies, and encouraging preemptive conflict resolution planning be undertaken. It is advisable to utilize stakeholder collaboration, continuous training, along with legal expertise in order to effectively prevent and manage conflicts.
... This act will have the capacity to address negative emotions that emanate from any of the groups. In doing so, they could adopt these tenets of negotiating an agreement by "separating people from the problem, focusing on interests rather than positions, inventing multiple options looking for mutual gains before deciding what to do, and insisting that the result be based on an objective standard (Fisher, Ury, & Patton, 2011). Also, the NGOs can work to address human rights violations in conflict affected societies. ...
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... Undergraduate students may at times find it difficult to maintain engagement while reading about the historical social psychological research related to negotiation. I was glad to see mention of Getting to Yes (Fisher & Ury, 1981) at the end of the chapter, but it seemed like an omission to not include Robert Cialdini's Influence and Pre-Suasion books (Cialdini, 2007(Cialdini, , 2016 at this point in the discussion; it may also be worth noting that these works by Cialdini were not cited at any point in the book. ...
... However, successful mediation requires effective negotiation skills. 3 Negotiation is back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed. ...
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This paper explores the intricate role of identity in the processes of intercultural conflict resolution and mediation, focusing specifically on the African context. It delves into how ethnic, cultural, and national identities influence conflict dynamics and the effectiveness of mediation efforts across diverse African societies. It explores the intricate role of identity in the processes of intercultural conflict resolution and mediation, focusing specifically on the African context. It delves into how ethnic, cultural, and national identities influence conflict dynamics and the effectiveness of mediation efforts across diverse African societies. This research also explores how cultural identities, encompassing ethnicity, religion, and social groups, influence conflict dynamics and complicate peacebuilding efforts. Drawing on case studies of prominent African conflicts, interview sessions with some affected Africans and a target audience survey questionnaire, the dissertation analyses how: • Identity-based grievances fuel conflict escalation. • Misunderstandings of cultural norms hinder communication and trust during mediation. • Exclusion of certain identity groups from peace processes undermines their legitimacy and sustainability. The research highlights the pivotal role that identity plays in both exacerbating conflicts and facilitating their resolution. The study employs a multidisciplinary approach, integrating theories from history, sociology, and conflict resolution to understand the complex interplay between identity and intercultural conflicts. By examining successful mediation practices that have effectively addressed identity-based tensions, the dissertation offers valuable insights into developing more culturally sensitive and effective conflict resolution strategies. The dissertation proposes a conflict resolution game and course specially designed for Africans for incorporating culturally sensitive and identity-conscious mediation strategies. This framework emphasizes: • Pre-mediation training for mediators on cultural competency and identity dynamics. • Inclusive dialogue that acknowledges and respects diverse perspectives. • An African inspired Conflict resolution game which is infused with ways on how the concept of identity can be used for successful mediations • Power-sharing mechanisms that address underlying inequalities between identity groups. By integrating these strategies, the research argues that mediation can be more effective in resolving and preventing future conflicts in Africa. The dissertation contributes to the ongoing dialogue on intercultural conflict resolution by offering a nuanced understanding of the interplay between identity and peacebuilding in a critical region.
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Chapter
This chapter examines the role of empathy in the processes of conflict resolution through mediation. In this context, empathy displayed by the third party can be discursively produced either in a transactional or in an interpersonal fashion. When the expression of empathy carries a transactional value, empathy is employed exclusively to help opponents to reach an agreement within a problem-solving framework (Della Noce, Negotiation Journal 15: 229–244, 1999). When, instead, it is framed in relational terms, empathy moves by mediators seek to advance interpersonal understanding between the discussants. The goal is to foster a collaborative transformation of the conflict (Della Noce, Negotiation Journal 15: 229–244, 1999). In our analysis, we review some of the strategies displayed by mediators to explore and to bring about relational empathy, that is, reciprocal empathic understanding between the parties. In this approach, the final purpose is not just the outcome of an agreement, but the transformation of the conflict into something with new significances for the people involved. Mediation thus becomes the arena for renegotiation of roles and reparation.
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The concept of professional resistance describes the principles professionals should follow when they seek to counter social harm and injustice. Applied to medical education, the principles of professional resistance can help learners and teachers balance the responsibilities to respond to harm and injustice with their roles and responsibilities as health professionals. However, there remains the problem of how educators and leaders can constructively respond to learner acts of resistance. It would seem that many leaders have dismissed learner resistance with variations on "Those Darn Kids!", a complaint that has long been levied at those in younger generations who challenge power and authority. How can productive change in medical education be achieved if learners' complaints are not taken seriously? Rather than dismissal, leaders and educators in these situations need the tools to engage learners in conversations that draw out their concerns.
Chapter
One of the persistent features of modern life is the increasing incidence of anger and aggression which culminate in hostility and violence. The incidence of these negative emotions is on the rise at various levels (e.g., individual, family, group, and nation), and humanity is paying heavy costs in terms of loss of life, increase in ecological hazards, and rise in challenges to health. Aggression is used as an instrument for gaining control over power, authority, and resources. The cultural control or regulatory mechanisms are compromised by the rise of consumerism and competitiveness. On the whole, violence and negativity are assuming alarming proportions. Against this backdrop, this chapter examines the social and cultural context of anger and aggression and discusses the strategies to deal with them. It is argued that control of anger and aggression and promotion of peace and harmony require multi-pronged strategies.
Chapter
This research examines the role of digital negotiation in capturing and fostering comprehensive, inclusive, efficient and responsible planning processes that consider climate change impacts on the urban fabric. The study focuses on Geodesignhub (GDH), a digital interface for collaborative planning, as a method for examining the challenges and opportunities inherent in the deep involvement of the public in digital planning processes. Tel Aviv-Yafo’s Neve-Sha’anan neighbourhood provides an example of a dense urban fabric which, due to institutional, planning and socio-economic factors, has become a complex and neglected area suffering from air pollution and rainfall flooding hazards. This study examines the current situation and reveals how a transparent, continuous digital feedback process enables deep stakeholder engagement, while pursuing agreements through digital negotiation.
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This chapter focuses on automated negotiations based on multi-agent systems. It targets researchers and students in various communities of autonomous agents and multi-agent systems, such as agreement technology, cyber-physical system (CPS), electronic commerce, and so on. It helps readers understand automated negotiations, negotiation protocols, negotiating agents’ strategies, and their applications. Negotiation is an essential aspect of daily life and represents an important topic in multi-agent system research. This chapter focuses on multiple interdependent issues negotiation, which is a more realistic situation than simple negotiations involving only multiple independent issues. The key impact of such issue dependencies is that their results in agent utility functions are complex. Existing negotiation protocols which are well-suited for linear utility functions are, however, often not able to find well agreements when applied to complex negotiations with issue dependencies. This chapter shows some negotiation protocols focusing on the multiple interdependent issues negotiations to find high-quality solutions for the complex agents’ utility function.
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A partir de 2014, en al ámbito de Cooperación Internacional No Reembolsable, se estableció que Ecuador había llegado a su “graduación” por lo que los flujos de AOD (Ayuda Oficial al Desarrollo) han disminuido, dejando un gran desafío sobre la estrategia correcta para enfrentar ese déficit. Este trabajo analiza las negociaciones ecuatorianas para la obtención de Cooperación Internacional No Reembolsable (CINR). Mediante una metodología cualitativa, se analiza los procesos de negociación entre Ecuador y España con respecto al marco teórico de la negociación por principios (metodología Harvard), para determinar si en la práctica estas negociaciones siguen la normativa de la Cooperación Internacional (CI). La investigación destaca cómo la obtención de CINR adecuada depende en un grado sustancial de la aplicación de metodologías constantes y congruentes de negociación.
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This paper introduces a hybrid framework for trustworthy and responsible natural resource management, aimed at building bottom-up trust to enhance cooperation among decision makers in the Food, Energy, and Water sectors. Cooperation is highly critical for the adoption and application of resource management alternatives (solutions), including those generated by AI-based recommender systems, in communities due to significant impact of these sectors on the environment and the economic productivity of affected communities. While algorithms can recommend solutions, effectively communicating and gaining community acceptance of these solutions is crucial. Our research stands out by emphasizing the collaboration between humans and machines, which is essential for addressing broader challenges related to climate change and the need for expert trade-off handling in the management of natural resources. To support future decision-making, we propose a successful control-theory model based on previous decision-making and actor behavior. We utilize control theory to depict how community decisions can be affected by how much individuals trust and accept proposed solutions on irrigation water rights and crop operations in an iterative and interactive decision support environment. This model interacts with stakeholders to collect their feedback on the acceptability of solutions, while also examining the influence of consensus levels, trust sensitivities, and the number of decision-making rounds on the acceptance of proposed solutions. Furthermore, we investigate a system of multiple decision-making and explore the impact of learning actors who adjust their trust sensitivities based on solution acceptance and the number of decision-making rounds. Additionally, our approach can be employed to evaluate and refine potential policy modifications. Although we assess potential outcomes using hypothetical actions by individuals, it is essential to emphasize our primary objective of developing a tool that accurately captures real human behavior and fosters improved collaboration in community decision-making. Ultimately, our aim is to enhance the harmony between AI-based recommender systems and human values, promoting a deeper understanding and integration between the two.
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This work highlights the primary effects of externalities on businesses, organizations, and teams. It then discusses the necessity for adapting and complementing traditional concepts, models, and theories of negotiation in this increasingly diverse and complex nonmarket arena. A third topic focuses on strategic negotiations with Governments, one of the most potent components among nonmarket forces. Finally, the work provides a list of practical recommendations for negotiators in the new era of externalities’ impacts and nonmarket prominence.
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En la primera parte de este libro se presenta la técnica de la Reformulación en el ámbito de la Mediación y se diferencia de otros conceptos cercanos desde la Lingüística, el Análisis del Discurso, la Psicología y la Mediación. Por último, se realiza una definición integradora de la reformulación en el ámbito de la Mediación con las aportaciones que pueden realizar otras ciencias afines para una conceptualización más completa y clarificadora. A continuación, se realiza una revisión bibliográfica sobre el concepto de la Reformulación en el ámbito de la Mediación. En la segunda parte, se analizan las bases neurológicas de la Reformulación desde el ámbito de la neurociencia afectiva. Se recoge el abordaje desde el método científico para la operativización, descripción y explicación del afecto, y se lleva a cabo una explicación del concepto y funcionamiento de las emociones desde la Filosofía, la Psicología y la Neurociencia, a la vez que se explica el concepto y los correlatos conductuales y neuronales de la Regulación Emocional que subyacen a la reformulación del lenguaje.
Chapter
Conflict is a problem with different demands for its resolution. Solution-Focused Negotiation is an intensive attempt to reach practical and enforceable agreements that settle the conflict by peaceful means. However, negotiation is a broad concept. Negotiation involves various methods, settings and procedures for scholars, practitioners and negotiators. This chapter introduces three types of negotiation—bargaining, problem-solving and consensus-building—with their origins, applications and implications.
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