The Situationist

Posts Tagged ‘negotiation’

Negotiating the Situation

Posted by The Situationist Staff on February 9, 2011

Lu-in Wang,  has posted an intriguing situationist paper, titled “Negotiating the Situation: The Reasonable Person in Context ” (forthcoming Lewis & Clark Law Review, Vol. 14, p. 1285, 2010) on SSRN.  Here’s the abstract.

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This Essay argues that our understanding of the reasonable person in economic transactions should take into account an individual’s race, gender, or other group-based identity characteristics – not necessarily because persons differ on account of those characteristics, but because of how those characteristics influence the situations a person must negotiate. That is, individuals’ social identities constitute features not just of themselves, but also of the situations they inhabit. In economic transactions that involve social interaction, such as face-to-face negotiations, the actor’s race, gender, or other social identity can affect both an individual actor and those who interact with him or her, because those characteristics often create expectations, based largely on group-based stereotypes, that influence the parties on both sides of the transaction. Individuals’ social identities thereby can influence their constraints and incentives, and accordingly their choices, behavior, and outcomes.

This Essay offers a couple of well-known examples of the influence of social stereotypes on individuals’ choices, behavior, and outcomes in economic transactions. It then provides a more extended examination of the effect of social identity on economic transactions by drawing upon a recent, growing, and fascinating area of social psychological research into the effect of gender on negotiations. The findings of this research are both disturbing and promising: disturbing because they show that stereotypes can influence the behavior of both women and men in negotiations, to the detriment of women, even if the individuals do not believe the stereotypes to be true, and that stereotypes can interact with other features of the situation to aggravate their tendency to promote unequal outcomes. The findings are promising as well, however, because they also show that gender stereotypes can be moderated or even counteracted by yet other features of the situation. Appreciating the situation-altering yet situation-sensitive influence of social identities such as gender provides us with a richer understanding of the circumstances in which people interact and shows that, sometimes, common economic transactions take place in different places for different people.

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Download the paper for free here.

Related Situationist posts:

Posted in Abstracts, Implicit Associations, Life, Social Psychology | Tagged: , , , , , , , | 2 Comments »

The Affective Situation of Ethics and Mediation

Posted by The Situationist Staff on May 29, 2010

Ellen Waldman recenly posted her thoughtful article, “Mindfulness, Emotions, and Ethics: The Right Stuff?” (Nevada Law Journal, Vol. 10, No. 2, 2010) on SSRN.  Here’s the abstract.

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What role do emotions play in ethical decision-making? Philosophers have long debated the question, disagreeing about both the nature of “the good” and how best to achieve it. Rationalists ground one’s capacity for virtue in logic and deliberate cognition, while moral intuitionists look to one’s capacity for feeling deeply. Immanuel Kant, for example, maintained that right conduct flowed from a sense of duty that functioned independently of emotion. Conversely, David Hume argued that all right action involved sentiment and that reason, stripped of passion, could not impel ethical choice.

Philosophers are not alone in their fascination with the question. Psychologists also have delved into the relationship between emotion and moral development, creating varying models of maturation that either embrace or reject emotion as a critical component of moral discernment. Today, debates in the “soft sciences” of the mind spill into the “hard sciences” of the body. Interest in the biological bases of emotion invigorates neuroscience, and developments in functional magnetic resonance imagery (fMRI) promise methods for mapping the synaptic pathways that induce affective states. Although we can now detect activity in portions of the brain associated with emotional experience, it remains unclear whether those electrical surges push us in “right” or “wrong” directions.

In the mediation world, scholars and practitioners frequently treat emotion as the unruly step-child of the problem-solving mind. Professor Leonard Riskin characterizes emotion as a potential negotiation saboteur and offers “mindful practice” as a useful corrective. He argues that mindful mediation can help negotiators gain better control over their wandering minds and negative emotions, and achieve more satisfying, interest-based solutions.

This essay celebrates Riskin’s call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. It examines in more detail the relationship Riskin posits between mindful practice and ethical decision-making. It discusses recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. It also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, it examines what Riskin has, in an earlier work, described as the ethical “hard case” in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although the mediation community need not wade deeply into the debates currently roiling social psychologists, it is useful to reflect on the genesis of our ethical commitments and whether they continue to serve the field’s long-term goals and interests.

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You can download the article for free, here.  For a sample of related Situationist posts, see “The Situation of Legal Ethics,” “Blind to our Situational Blindness,” “Mood and Moral Judgment,” Law, Psychology & Morality – Abstract,” “Situating Emotion,” “The Motivated Situation of Morality,” and “Moral Psychology Primer.”

Posted in Abstracts, Book, Emotions, Morality, Neuroscience, Social Psychology | Tagged: , , , , , , , , | 1 Comment »

2010 HNLR Symposium: The Negotiation Within

Posted by The Situationist Staff on February 24, 2010

This Saturday The Harvard Negotiation Law Review is hosting a symposium titled “The Negotiation Within.”

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To visit the conference registration site, click here.

Posted in Events, Situationist Contributors | Tagged: | Leave a Comment »

The Situation of Negotiation

Posted by The Situationist Staff on December 1, 2009

John F. McCarthy, Carl A. Scheraga, and Donald E. Gibson, recently posted their interesting paper, titled “Culture, Cognition and Conflict: How Neuroscience Can Help to Explain Cultural Differences in Negotiation and Conflict Management” on SSRN.  Here’s the abstract.

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In negotiation and conflict management situations, understanding cultural patterns and tendencies is critical to whether a negotiation will accomplish the goals of the involved parties. While differences in cultural norms have been identified in the current literature, what is needed is a more fine-grained approach that examines differences below the level of behavioral norms. Drawing on recent social neuroscience approaches, we argue that differing negotiating styles may not only be related to differing cultural norms, but to differences in underlying language processing strategies in the brain, suggesting that cultural difference may influence neuropsychological processes. If this is the case, we expect that individuals from different cultures will exhibit different neuropsychological tendencies. Consistent with our hypothesis, using EEG measured responses, native German-speaking German participants took significantly more time to indicate when they understood a sentence than did native English-speaking American participants. This result is consistent with the theory that individuals from different cultures develop unique language processing strategies that affect behavior. A deliberative cognitive style used by Germans could account for this difference in comprehension reaction time. This study demonstrates that social neuroscience may provide a new way of understanding micro-processes in cross-cultural negotiations and conflict resolution.

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You can download the paper for free here.  For a sample of related Situationist posts, see “Social Neuroscience and the Study of Racial Biases,” “Law & the Brain,” “The Situation of Risk Perceptions – Abstract,”and to review previous Situationist posts on cultural cognition, click here.

Posted in Abstracts, Conflict, Cultural Cognition, Neuroscience | Tagged: , , , , | 1 Comment »

 
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