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Negotiation Ethics

Roman Sheremeta, Ph.D.

Professor, Weatherhead School of Management

Case Western Reserve University

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Exercise: Rules

  • Exercise: Bullard Houses
    • Two-person negotiation over the sale of Bullard Houses.
      • A buyer: Jones & Jones.
      • A seller: Downtown Realty.

  • Rules:
    • You will be randomly assigned a role.
    • You will have 30 minutes to read the instructions.
    • You will be matched with somebody else in the other role.
    • You will have 30 minutes to reach a deal.
    • All signed contracts must be submitted before the deadline.

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Exercise: Role Assignment

  • Roles:
    • Jones & Jones = odd number (1, 3, 5, …)
    • Downtown Realty = even number (2, 4, 6, …)

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Matching

1-2

15-16

29-30

43-44

57-58

3-4

17-18

31-32

45-46

59-60

5-6

19-20

33-34

47-48

61-62

7-8

21-22

35-36

49-50

63-64

9-10

23-24

37-38

51-52

65-66

11-12

25-26

39-40

53-54

67-68

13-14

27-28

41-42

55-56

69-70

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Ethics

  • Ethics is moral principles that govern a person's or group's behavior.

  • Research shows:
    • (1) On a given day you are lied to on average from 10 to 200 times.
    • (2) Strangers on average lie 3 times within the first ten minutes of meeting a person.
    • (3) People lie more to strangers than to co-workers.
    • (4) Extraverts lie more than introverts.
    • (5) Men lie more than women (Capraro 2018).
    • (6) Women lie more to protect other people than men.
    • (7) Married people lie to each other in 1 out of every 10 interactions.

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Unethical Behavior in Negotiation

  • Unethical behavior in negotiation:
    • Lying.
    • Bluffing.
    • Deception.
    • Reneging on negotiated agreement.
    • Retracting an offer.

  • Lying about:
    • Positions.
    • Interests.
    • Priorities and preferences.
    • BATNA and reservation prices.

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Exercise: Seller

  • What is the seller’s target?
    • Target: $20-$30m.

  • What are the seller’s BATNA and reservation price?
    • (1) Sell to Wimbledon Properties (expected $8.6m).
    • (2) Sell to Gentrification Inc. (expected $15m).
    • (3) Sell to Grouse Inc. (expected $17.5m-$19.5m).
    • Reservation price: $15m-$19.5m.

  • What are the seller’s interests?
    • Sell the property to the “right” buyer.
    • Prevent the Bullard Houses from becoming tourist attractions.
    • Keep a good reputation and avoid neighbors’ uprising.

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Exercise: Seller-Buyer

  • Sellers:
    • Who did you sell the ancestral home to?
    • What are they going to do with it?

  • Buyers:
    • How did you respond when you were asked about the identity of your client?
    • How did you respond when you were asked about the intended use of the property?

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Exercise: Buyer

  • What is the buyer’s target?
    • (1) luxury housing $11.5-$13.5m .
    • (2) $20 Quincy Market.
    • Target: $10m-$20m.

  • What are the buyer’s BATNA and reservation price?
    • Building hotel on a different territory for $20m (not as prestigious).
    • The site could be worth $32m-$40m, but it is difficult to build a hotel.
    • Reservation price is given by the client: $24m.

  • What are the buyer’s interests?
    • Buy the property for a hotel site.
    • Do not reveal who is the buyer and the intended use of the site.

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Exercise: Bargaining Zone

  • Possible settlement:
    • Seller’s reservation price is $15m-$19.5m.
    • Buyer’s reservation price is $24m.
    • Bargaining zone: $9m-$4.5m.

  • There should be no agreement unless:
    • (1) The buyer lies about the planned use of the property.
    • (2) The buyer violates the instructions not to disclose the planned use of the property.
    • (3) The representative of the seller loses sight of the seller’s fundamental interests.

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Exercise: Closing the Deal

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The Real Story

  • The New York Palace Hotel is a hotel combining the historic landmark Villard Mansion with a modern 55-story tower.

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Economics of Lying

  • Typical economic cost-benefit analysis:
    • As the benefits of deception rise and the costs fall, negotiators become more likely to lie.

  • Benefits of lying:
    • Possible gains in the short-run.

  • Costs of lying:
    • Bad reputation in the long-run (lower likelihood of a successful negotiation in the future).
    • Probability of detection (legal costs).

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Deception Game Study

  • The deception game (Gneezy 2005):
    • Player 1 sends either message A or B to player 2:
      • Message A: "Option A will earn you more money than option B“.
      • Message B: "Option B will earn you more money than option A“.
    • Player 2 chooses either A or B solely based on the message of player 1.

  • Conclusions:
    • The higher the benefit of lying the higher is the likelihood of lying.
    • The higher the cost of lying the lower is the likelihood of lying.

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A

B

Participants lied by suggesting B

(5, 6)

(6, 5)

36%

(5, 15)

(6, 5)

17%

(5, 15)

(15, 5)

52%

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Psychology of Lying

  • Psychological costs of lying:
    • Lying produces emotional psychological costs in forms of guilt and shame.
    • People who engage in lying behavior have to remember “too much”.

  • Biases that give rise to ethical problems:
    • Overconfidence.
    • Confirmation bias.
    • Self-serving bias.

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Negotiation Biases

  • Cognitive biases are mental errors caused by our simplified information processing strategies:
    • Overconfidence.
    • Agreement bias.
    • Anchoring bias.
    • Incompatibility bias.
    • Fixed-pie bias.
    • Confirmation bias.
    • Self-serving bias.
    • Availability heuristic.
    • In-group bias.
    • Exaggeration of conflict bias.

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Confirmation Bias

  • Confirmation bias:
    • The tendency to select information that confirms your beliefs.

  • Rationality behind the confirmation bias:
    • Biased search for information.
    • Biased interpretation.
    • Biased memory (false memories).
    • Availability heuristics (a mental shortcut that relies on immediate examples that come to a person's mind).

  • Potential solutions:
    • Be open minded (embrace surprises).
    • Hire a third party to conduct effective and complete due diligence.

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Self-serving Bias

  • Self-serving bias:
    • The tendency of people to attribute positive events to their own character but attribute negative events to external factors.
    • Example: You get an A in the Negotiation class and you attribute it to your own awesomeness! You get a C and you attribute it to your professor not having explained well enough.

  • Rationality behind the self-serving bias:
    • Common strategy to protect your self-esteem.
    • Attribution theory – tendency to attribute a cause to the behavior.

  • Potential solutions:
    • Mindful awareness.
    • Be accountable for your actions.

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Common Reasons for Lying

  • Conditions under which negotiators say they would engage in deception (i.e., lying) in negotiations.

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  • Lie-for-a-lie: When I suspect the other party is deceiving me
  • One shot: In a one-shot situation, with no potential for a long-term relationship
  • Personal gain: If there was a gain to be had
  • Not getting caught: If I felt I could get away with it
  • Life or death: If the situation was “life or death”
  • Low power: If the other party had more power (i.e., to “level the playing field”)
  • Protecting reputation: When I would not have to worry about my reputation
  • Dislike: If I did not like the other person
  • Fixed pie: If the situation was purely distributive

The Reciprocity Principle

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Strategies to Avoid Lying

  • Strategy 1: Do not answer uncomfortable questions.
    • When asked about your current salary you can avoid the question by saying: “I am willing to take a reasonable offer”.

  • Strategy 2: Rule question out of bounds.
    • When asked about other offers you can respond by saying: “I don’t feel comfortable discussing other offers”.

  • Strategy 3: Answer another question.
    • When asked about your current salary you can avoid the question by saying: “I’m focusing on jobs in the $90-$100K range”.

  • Strategy 4: Answer with a question.
    • “What is the salary range your company is offering for the role?”

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Strategies to Detect Lying

  • Strategy 5: Focus on the relevant attributes (Belot et al. 2012).
    • It is hard to detect a lie (Eckman and O’Sullivan 1991).
      • Detection rate: college students (53%), adults (55%), police (56%), FBI (56%), judges (57%), psychiatrists (58%), secret service (64%).
    • Not important: age and attractiveness.
    • Important: gender (men lie more, especially when a lie is self-serving; women lie more to protect others) and actions, such as promises.

  • Strategy 6: Focus on inconsistencies.
    • Start with the baseline – discover how people act naturally.
    • Ask “direct questions” and focus on inconsistencies and vagueness.
    • Pay attention to body movements, voice and content of conversation.

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Bill Clinton

  • Bill Clinton: "I did not have sexual relations with that woman…“

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When Lying…

  • When lying:
    • (1) People are over determined in their denial: “I did not”.
    • (2) People use distancing language: “that woman”.
    • (3) People repeat the question.
    • (4) People use too many details.
    • (5) People avoid eye contact (or look for too long into your eyes).

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Thank you!

Roman Sheremeta, Ph.D.

Professor, Weatherhead School of Management

Case Western Reserve University

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References

  • Thompson, L. (2004). The Mind and Heart of the Negotiator. New Jersey: Prentice Hall. (Chapter 7 & Appendix 2)
  • Capraro, V. (2018). Gender differences in lying in sender-receiver games: A meta-analysis. Judgment and Decision Making, 13, 345-355.
  • Robinson, R.J., Lewicki, R.J., and Donahue, E.M. (2000). Extending and testing a five-factor model of ethical and unethical bargaining tactics: Introducing the SINS scale. Journal of Organizational Behavior, 21, 649-664.
  • Gneezy, U. (2005). Deception: The role of consequences. American Economic Review, 95, 384-394.
  • Ekman, P., & O'Sullivan, M. (1991). Who can catch a liar? American Psychologist, 46, 913.
  • Belot, M., Bhaskar, V., & Van De Ven, J. (2012). Can observers predict trustworthiness? Review of Economics and Statistics, 94, 246-259.

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Appendix: Dictator Game

  • The dictator game (Gneezy, 2005):
    • Player 1 chooses either A or B.
    • Player 2 makes no action and simply receives the suggested payoff.

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A

B

Participants lied by suggesting B

(5, 6)

(6, 5)

66%

(5, 15)

(6, 5)

42%

(5, 15)

(15, 5)

91%