Prof. John Barkai William S. Richardson School of Law University of Hawaii

1. Prof. John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution

3. Handling of Problems Asian Western - American designed by Liu Young

5. Ideals, values, and assumptions about life that are widely shared among people and that guide specific behaviors. (Brislin 1993)

7. Humu’humu’nuku’nuku’a’pu’a’a Water to the fish

8. Cultural Dimension Interests

9. Statements about culture are never statements about individuals. warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning

10. The Dances Of Negotiation Text links to this jump www2.hawaii.edu/~barkai

11. Are security cooperation negotiations different from business (money) negotiations?

12. Specific & General Approaches Cultural specific - only in one culture Cultural general – in many cultures

13. Levels of culture

14. Top Countries by Exports April 2011 CIA – The World Factbook, References, Guide to Country Comparisons. https://www.cia.gov/library/publications/the-world-factbook/rankorder/rankorderguide.html

15. Top Exporters - Alphabetical Canada China France Germany Hong Kong Italy Japan Netherlands Russia South Korea UK United States

16. Exports ($billions USD) $1506 1337 1270 765 509 466 458 451 407 406 389 377 China Germany United States Japan France South Korea Italy Netherlands Canada UK Hong Kong Russia 4/11 Saudi Arabia 235

17. Top 10 Countries by Population

18. Alphabetical Population 2011 Bangladesh Brazil China India Indonesia Japan Nigeria Pakistan Russia United States

19. Ranked in millions Population China 1337 19% India 1189 17 United States 313 4.5 Indonesia 246 4 Brazil 203 2.8 Pakistan 187 Bangladesh 159 Nigeria 155 Russia 139 2.0 Japan 126 1.8

20. Ranked in millions Population 12 Philippines 102 14 Vietnam 91 20 Thailand 67 23 France 65 26 S. Korea 49 37 Canada 34 43 Malaysia 28 50 Taiwan 23 55 Australia 22 64 Kazakhstan 16 66 Cambodia 15

21. 98 Hong Kong 7 • Singapore 4.5 • 134 Mongolia 3 • 159 Fiji .9 • 175 Maldives .4 • 183 Samoa .2 • 191 Tonga .2 • 189 FMS .1

22. If there were 100 people in the worldhow many would live in…? Africa Asia Europe N. America S. & Latin America Pacific Islands

23. Africa Asia Europe N. America S. & Latin America Pacific Islands 14 60 12 5 8 1 If there were 100 people in the worldhow many would live in…?

24. What do you see?

25. Interests Drive Negotiations Iceberg Theory

26. Iceberg Theory “Below the line” issues Huge & invisible. Purposely hidden, or simply Out of awareness

27. CROSS CULTURAL

28. High context, low context Edward T. Hall Hofstede Dimensions Power distance Individualism v. collectivism Masculinity v. femininity (Comp v Coop) Uncertainty avoidance Long-term v. short term orientation Geert Hofstede

29. The top 10 ways that culture can affect your negotiation Jeswald W. Salacuse

31. High context, low context (U.S.) Edward T. Hall

32. The low-context communication style it is infused with the can-do, problem-solving spirit, assumes a process of give-and-take, and is strongly influenced by Anglo-Saxon legal habits. When theorists posit a universal paradigm of negotiation (usually involving such features as the "joint search for a solution," "isolating the people from the problem," and the "maximization of joint gains"), they are in effect proposing an idealized version of the low-context, problem-solving model. Notice the instrumental assumptions of rationality that underlie the paradigm: people are part of the problem, not the solution; each problem can be solved discretely; goals are defined in terms of material, not psychic, satisfactions. Raymond Cohen The words convey the meaning

33. The high-context communication style An "alternative model, associated with a nonverbal, implicit, high-context style of communication, predominates in interdependent societies that display a collectivist, rather than individualist, ethos. This paradigm was found to mark the negotiating behavior of the non-Western states…In contrast to the result-oriented American model, it declines to view the immediate issue in isolation; lays particular stress on long-term and affective aspects of the relationship between the parties; is preoccupied with considerations of symbolism, status, and face; and draws on highly developed communication strategies for evading confrontation." Raymond Cohen The meaning is not in the words, but in the greater context. “That’s just great.” (when its not) – “That would be difficult.”

34. Opinion

35. ConflictsLow Context Perspectives American negotiators tend to be surprised by their [negotiation partner’s] preoccupation with history and hierarchy, preference for principle over nitty-gritty detail, personalized and repetitive style of argument, lack of enthusiasm for explicit and formal agreement, and willingness to sacrifice substance to form. They are frustrated by their partners' reluctance to put their cards on the table, intransigent bargaining, evasiveness, dilatoriness, and readiness to walk away from the table without agreement. Raymond Cohen Negotiating Across Cultures

36. ConflictsHigh Context Perspectives Non-Western negotiators tend to be surprised by their [negotiation partner’s] ignorance of history, preoccupation with individual rights, obsession with the immediate problem while neglecting the overall relationship, excessive bluntness, impatience, disinterest in establishing a philosophical basis for agreement, extraordinary willingness to make soft concessions, constant generation of new proposals, and inability to leave a problem pending. They are frustrated by their American partner's occasional obtuseness and insensitivity; tendency to see things and present alternatives in black-or-white, either-or-terms; appetite for crisis; habit of springing unpleasant surprises; intimidating readiness for confrontation; tendency to bypass established channels of authority; inability to take no for an answer; and obsession with tidying up loose ends and putting everything down on paper. Raymond Cohen

37. Smart Bargaining: Doing Business with the Japanese Graham & Sano Japan External Trade Organization's (JETRO)

38. 16 ways Japanese avoid saying “No” 1. Vague “no” 2. Vague and ambiguous “yes” or “no” 3. Silence 4. Counter question 5. Lateral responses 6. Exiting (leaving) 7. Lying (equivocation or making an excuse— sickness, previous obligation, etc.) 8. Criticizing the question itself 9. Refusing the question 10. Conditional “no” 11. “Yes, but . . .” 12. Delaying answer (e.g., “We will write you a letter.”) 13. Internally “yes,” externally “no” 14. Internally “no,” externally “yes” 15. Apology 16. The equivalent of the English “no”— primarily used in filling out forms, not in conversation

39. No – Maybe Game To evade a direct answer to any question that you are asked. Sample questions (make up your own): What is your name? Where do you live? Where do you work or go to school? Where did you get that shirt you are wearing? Where did you go on your last vacation? How much money do you have saved? Do you like to eat Chinese food? - make up other questions

40. No – Maybe Game Examples. Possible answers / ways of saying "no" without saying "no.“ - vague and ambiguous answer - ask a question back rather than answering their question - say something that is not on point - criticize the question - active listen, paraphrase, or summarize the question - make the "no" conditional - saying "yes, but ..." - delaying the answer - making an apology - silence - tell a lie or make an excuse - walking away

41. High Context Implicit Japanese China Arabian Latin American Spanish Italian English (UK) French North American (US) Scandinavian German Low Context Explicit Swiss

42. Punctuality Western Asian

43. 36 Chinese Strategies Applied to Negotiations

44. Background of “36 strategies” • Methods of deception • Used in all daily encounters • Common Chinese expression – even Chinese children are aware of its meaning • Describes someone’s actions as deceitful • Chinese study these strategies not to deceive, but to prevent these strategies from being used against them

45. History of “36 strategies” • Many foreign negotiators are realizing that the way to negotiating in China may be best sought from the source—China’s ancient military classics • A collection of 36 stories of strategic prowess in ancient Chinese history • Stories are derived from military ploys applied during the Warring States Period (403-221 BC) or during the Three Kingdom Period (220-265 BC)

46. Chinese negotiators commonly use deception when dealing with outsiders and non-family members Frequent use of Deception

47. 瞒天过海 Act in the open, but hide your true intentions. Strategy 1: Cross the Sea by Deceiving the Sky

48. 李代桃僵 Trade up! Take a small loss for a large gain. Strategy 11: Sacrifice the Plum for the Peach

49. 调虎离山 Seek a neutral location. Negotiate after leading them away from a position of strength. Strategy 15: Lure the Tiger out of the Mountain

50. 抛砖引玉 Trade something of minor value for something of major value. Strategy 17—Toss out a Brick to Attract a piece of Jade