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170 Chapter 10: Negotiator Cognition

An offer comes in for $280,000. Does this offer represent a $30,000 gain in comparison

with the original purchase price or a $10,000 loss in comparison with your current target?

The answer to this question is ‘‘both.’’ From a rational perspective, and based on

our intuition, we can easily determine that the difference in the two points of view is

irrelevant. However, as discussed in Chapter 4, Kahneman and Tversky (1982a) have

demonstrated that important differences arise from individuals’ responses to questions

framed in terms of losses versus gains. This difference is critical to describing negotiator

behavior.

To understand the importance of framing in negotiations, consider the following

labor–management situation. A trade union insists that management must increase the

pay of union members from $16 to $18 per hour and that anything less, given current

inflation, represents underpayment. Management argues that any raise above $16 per

hour imposes an unacceptable expense. What if each side had the choice of settling for

$17 per hour (a certain settlement) or going to binding arbitration (a risky settlement)?

Since each side views the conflict in terms of what it has to lose, following Kahneman

and Tversky’s (1981) findings, we can predict that each side will be risk seeking and

therefore unwilling to accept the certain settlement. Changing the negotiators’ framing

from positive to negative, however, results in a very different predicted outcome. If the

union views any raise above $16 per hour as a gain, and management views any raise

under $18 per hour as a gain, then both sides will be risk averse, and a negotiated

settlement will be likely. Neale and Bazerman (1985) found that negotiators with positive

frames are significantly more likely to make concessions and to reach mutually

beneficial outcomes than their negatively framed counterparts.

What determines whether a negotiator will have a positive or a negative frame?

The answer lies in the selection of a perceptual anchor. Consider some of the anchors

available to a union leader negotiating a wage with management: (1) last year’s wage,

(2) management’s initial offer, (3) the union’s estimate of management’s reservation

point, (4) the union’s reservation point, or (5) the bargaining position that the union

publicly announced to its constituency. As the anchor moves from (1) to (5), a modest

gain in comparison to last year’s wage becomes a loss when compared to the higher

goals touted publicly, thus moving the union negotiator from a positive to a negative

frame. Specifically, for workers who are currently making $16 per hour and demanding

an increase of $2 per hour, a proposed increase of $1 per hour can be viewed as a

$1-per-hour gain over last year’s wage (anchor 1) or a $1-per-hour loss when compared

to the goals of the union’s constituency (anchor 5).

Framing has important implications for the tactics used by negotiators. Framing

effects suggest that, to induce concessionary behavior in an opponent, a negotiator

should always create anchors that lead the opposition toward a positive frame. This

means you will be negotiating in terms of what the other side has to gain, thereby increasing

opportunities for tradeoffs and compromise. In addition, when you recognize

that your counterpart has a negative frame, you should encourage him to recognize that

he has adopted a risky strategy in a situation where a sure gain is possible.

Finally, the impact of framing has important implications for mediators. When the

proposed goal is a compromise, the mediator should strive to convince both parties to

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