"Then it's agreed. Watson, Smith, Teller, and Wilson go to Heaven; Jones, Paducci, and Horner go to Hell; and Fenton and Miller go to arbitration.
This course will ….
After taking this course
A recent student said …
My girl friend is like a changed woman
My girl friend is like a changed woman
After taking this course
My girl friend is like a changed woman
My girl friend is like a changed woman
(because she thinks I'm a changed man)
After taking this course
Common Forms of Dispute Resolutions
Negotiation:
Discussion for the purpose of settling differences.
Mediation - Conciliation:
A neutral third party assists the parties to reach a negotiated settlement but has no power to decide the issues in dispute.
Arbitration:
A neutral third party is given the power to decide the issues in conflict. The arbitrator decides after hearing arguments and reviewing evidence.
Trial in Court:
Evidence is presented to a judge or jury for a decision under formal rules of law and procedure
ADR
Alternative
Dispute
Resolution
HOW DO YOU SAY “ADR”?
Country / Language
Negotiation
Mediation
Cambodia
Ka cho cha
Agna Kandal
Hong Kong
Tam Pun
Tin Teng
India Hindi
Oriya
Samvad
Muleiba
Madhyastha
Madhyasti
Indonesia
Negosiasi
Penengah
Japan
Kosho
Chotei
Korea
Hyoepsang
Joongjae
Malaysia
Rundingan
Perantaraan
Pohnpei Micronesia
Paronogorong pene
Kamwahu
Philippines
Negosasyan
- Tawad (bargain)
Pagbatiin
China
Tan Pan
Tiao Jie
Singapore
English or Mandarin
English or Mandarin
Sri Lanka
Samuthiya
Samatha Mandalaya
Taiwan
Tam Pan
Tawa Shay
Thailand
Jeraja
Klaiklea
Vietnam
Dam Phan
Hoa Giai
Compiles by Professor John Barkai and students from the University of Hawaii’s JEMBA Program (Japan Focused Executive MBA) and JAIMS’ (Japan American Institute for
104 Million State Court Cases 2 Million Federal Court Cases
104 Million U.S. State Court Cases 56 Traffic 20 Criminal 19 Civil 6 Domestic 2 Juvenile Source: Examining the Work of State Courts, 2010
Hawaii Civil Cases 7,013 Filed 4,007 Terminated Circuit Court 2011-2012
How many jury trials? Guess!
15 Jury Trials 53 Non-Jury Trials Circuit Court Civil Cases in Hawaii 2011-2012
Jury Trials 1 Contract Trials 12 Tort Trials 3 Other” Trials Circuit Court Civil Cases in Hawaii 2011-2012
Civil Jury Trials
15
2012
6
2011
14
2010
12
2009
17
2008
12
2007
10
2006
16
2005
Hawaii Court Statistics
161 Jury Trials 58 Non-Jury Trials Circuit Court Criminal Cases in Hawaii 2011-2012
5 % Criminal cases are terminated in Hawaii by jury trial
0.4 % Circuit Court Civil Cases terminated in Hawaii by jury trial 2011-2012
3% Jury Trials in U.S.
161 Jury Trials 58 Non-Jury Trials Circuit Court Criminal Cases in Hawaii 2011-2012
Of 3575 cases terminated – 4.5% by Jury; 1.6% Non-jury
> 5 % Criminal cases are terminated in Hawaii by jury trial
Trial Rates: 0.8% District Court 13% Small Claims 2010-2011
3% Jury Trials in U.S.
Vanishing Trials – Federal Court – 1962-2002
12% to 2%
Vanishing Trials – Hawaii Circuit Court – 1964-2010
Hawaii Circuit Court – 1978-2010
What is the appropriate amount of Conflict?
Conflict
Conflict
Conflict
Conflict
In one of our concert grand pianos, 243 taut strings exert a pull of 40,000 pounds on an iron frame. It is proof that out of great tension may come great harmony.
Theodore E. Steinway
CONFLICT IS LIKE WATER: Too much causes damage to people and property Too little creates a dry, barren landscape devoid of life and color. - Designing Conflict Management Systems - Cathy Costantino & Christina Sickles Merchant
All polishing is achieved by friction - Mary Parker Follett
Who has the Power?
Information is Power
The easiest way to improve your negotiation skills is to
The following matters are agreed between the parties:
- the full exercise of Egyptian sovereignty
- the withdrawal of Israeli armed forces from the Sinai;
- the use of airfields …for civilian purposes only, and
- stationing of Forces
No more than one division of Egyptian armed forces [permitted]
Only United Nations forces and civil police equipped with light weapons to perform normal police functions will be stationed within an area lying west of the international border and the Gulf of Aqaba, varying in width from 20 km. (12 miles) to 40 km. (24 miles).
[limited border armed forces]
The Camp David Accords
September, 1978
Framework for the Conclusion of a Peace Treaty between Egypt and Israel
1962. The U.S. placed nuclear missiles in the U.K., Italy, and Turkey with the capability to strike Moscow.
The Soviet Union began to build missiles bases in Cuba for ballistic nuclear missiles with the ability to strike most of the continental United States.
The U.S. is considering the following options: pressure diplomatically the Soviet Union to remove the missiles, attack the missile bases by air, set up a naval blockade of Cuba, invade Cuba. Cuba and the Soviet Union, who supplied the missiles, claim that Cuba has a right to protect itself from a potential U.S. attack.
A. Positions B. Possible interests
Cuban Missile Crisis
Cuban Missile Crisis Positions
U.S.
No
missiles in Cuba.
Soviet Union
Yes
Missiles can be
in Cuba.
Cuban Missile Crisis Possible Interests
U.S.
- Security
- protect the U.S. from easy, “first strike” missile attack
prevent the Soviet Union from placing nuclear weapons close to the U.S.
-maintain image as a world superpower
Soviet Union
-prevent U.S. attack of Soviet Union
prevent U.S. invasion of Cuba
support other Communist nations,
maintain image as a world power
Cuban Missiles Resolution
Publicly, the Soviets dismantled their offensive weapons in Cuba and return them to the Soviet Union, subject to UN verification, in exchange for a U.S. public declaration and agreement to never invade Cuba.
Secretly, the U.S. agreed that it would dismantle all U.S.-built Thor and Jupiter IRBMs deployed in Europe and Turkey.
Power Imbalances
Smart Bargaining: Doing Business with the Japanese Graham & Sano
Nakanunara, koroshiteshimae, hototogisu (If the cuckoo does not sing, kill it.) –by Nobunaga Oda – (ruthless) Nakanunara, nakashitemiseyou, hototogisu (If the cuckoo does not sing, coax it.) –by Hideyoshi Toyotomi – (creative) Nakanunara, nakumadematou, hototogisu (If the cuckoo does not sing, wait for it.) –by Leyasu Tokugawa–(patient)
Cuckoo Strategies
36 Chinese Strategies
Applied to Negotiations
PREPARING AND PLANNING
If I had six hours to chop down a tree, I'd spend the first hour sharpening the ax.
Abraham Lincoln
Planning on roaming the neighborhood with your buddies again?
Planning
Sengoku period battle
15th century warring states period in Japan
Cuckoo Strategies
Nakanunara, koroshiteshimae, hototogisu (If the cuckoo does not sing, kill it.) –by Nobunaga Oda – (ruthless) Nakanunara, nakashitemiseyou, hototogisu (If the cuckoo does not sing, coax it.) –by Hideyoshi Toyotomi – (creative) Nakanunara, nakumadematou, hototogisu (If the cuckoo does not sing, wait for it.) –by Leyasu Tokugawa–(patient)
Cuckoo Strategies
They would never reveal every fact, because successful negotiation does not hinge on full disclosure.
