Adrian Borbély & Andrea Caputo, The Organization as Negotiator, in Negotiation Desk Reference (Christopher Honeyman & Andrea Schneider eds., forthcoming). Draft – Please do not quote or cite without permission. Most of the literature on business negotiation (and the largest part of this volume) focuses on how individuals negotiate, how they prepare, whether they negotiate individually or in teams, and how they act and interact at the negotiating table. A deep understanding of those human behavior processes is indeed crucial for a sound comprehension of negotiation. However, the larger picture of negotiations taking place within and around an organization can be lost if we focus too much attention on fine detail. We attempt to provide an overview of that picture in this chapter. Quite often, during negotiation courses and trainings, top executives ask, “How do I make my business better at negotiating?” Accordingly, we hope with this chapter to construct a coherent response to this kind of question, which arises from the “real” world and which the academic literature has not yet answered. Indeed, we will question the motto that “organizations do not negotiate but individuals do,” instead arguing that negotiation can and should be considered as a capability at the organizational level. The usual response to that question is given as: “train your key personnel, those people directly involved with negotiation.” Since negotiation training and continuing negotiation practice offer a nearly unlimited learning curve to mindful individuals, further coaching may be suggested, in order to translate classroom skills into the field. However, the initial question calls for a more insightful answer, which requires an integrated 1 perspective that would fill the disciplinary gap between negotiation and management as we know it. Acknowledging Different Perspectives on Negotiation We opt for a wide definition of negotiation that encompasses all forms of joint human decisions (Zartman 1977), which include the obvious, visible negotiations (sales and purchasing, collective and individual employment relations, etc.) as well as the more ordinary, everyday negotiations that occupy most of every manager’s time in every organization. Broadly speaking, research has taken two main approaches to the study of negotiation (Stimec 2014). Currently, the most widely-used one is the micro-level, or behavioral one, which looks, usually through the prism of organizational psychology, at the human interactions in and around the negotiation table, with little concern for what is being negotiated. A second approach, the contextual one, focuses on particular types of negotiations and their specific contingencies. The problem, however, is that the specifics of the behavioral approach are taken as a given, a sort of black box, for the contextual approach – and vice versa. This has led to a plea for a third approach, which would cover both the behavioral and the contextual aspects of negotiation. Such an “integrated” approach has been suggested by William Zartman (1988) and combines behaviors and processes in the context of specific negotiations; to serve its premises, this approach relies mostly on case studies from the geopolitical arena. Although its characteristics would easily allow for an application to business contexts, this has not yet happened; 2 Zartman’s approach has received limited attention from those studying organizational or business negotiations. Our contribution aims to look, from a theoretical and methodological standpoint, at what such an integrated approach in organizational settings would look like, and how it would enhance our understanding of negotiation as it is actually experienced by practitioners. We begin by describing three possible macro perspectives on negotiation, each of which will take a wider perspective than the last. First is the study of negotiation linkages, i.e. “the way in which one discrete negotiation influences or determines the process or outcome of another” (Crump 2010: 3). Grounding his work in international relations cases, Larry Crump isolates different linkage mechanisms and makes the case that such a wider, more strategic approach to negotiation may offer a better perspective on complex situations and allow us to better understand the players' full interests and available strategies. A second, wider lens is offered by Arnaud Stimec, a French researcher on negotiation and mediation from Sciences Po Rennes. He suggests an infrastructure approach to negotiation within the organization, which would require researchers to bridge the micro and contextual approaches outlined above. In terms of methodology, this means observing behaviors in real-life, instead of laboratory settings. By mixing negotiation theory with organizational theories, the objective would be to draft guidelines for action through an understanding of negotiation’s systems effects and reflectiveness in negotiation steering and results. That is: looking at how the organization manages its different negotiations (including its informal ones), pools them together and tries to derive performance from this whole. In doing so, Stimec sets an agenda for research that 3 “deals not only with the characterization of the observed negotiations and the level of regulation at play but looks deep into the system’s ability to articulate the different negotiations within an infrastructure that could be in part thought and formalized, in part tacit or empirical” (translated from Stimec 2014: 210). Following this line of thought, more work is being done which focuses on whether organizations develop their own signature way of negotiating. A pattern in the organizations’ behavior is shown across different studies, in particular with reference to contract negotiations (Lee et al. 1998; Luo 1999; Luo and Shenkar 2002). Recent works on institutional practices help us to understand the dimensions of organizations’ behavior in negotiations (Helms et al. 2012; Helfen and Sydow 2013). If we think about unions, public agencies or NGOs, their negotiation strategies are broadly consistent despite changes in negotiating teams, showing some form of institutional movement behind individual practices. In addition to converging interests, there appears to be an imprinting of the organizational culture on negotiating (Sydow, Schreyögg and Koch 2009). Certain patterns may create coherence among organizational negotiation practices; however, this remains to be formally documented in research. Nonetheless, as for example with the U.S. Government's well-known statement that “we do not negotiate with terrorists,” we can often identify a sort of negotiating culture in organizations. The third level takes an even wider perspective, by treating negotiations from a systematic viewpoint. This requires acknowledging the reciprocal relationship between an organization’s strategy and its negotiation practices. In what follows, we will suggest ways to examine the different processes through which (1) strategy may impact 4 negotiation practices and (2) negotiations may influence the way strategy is defined and implemented. Here, regrettably, research is scarce in both directions. Certain key variables in strategy formation may impact conflict-proneness and negotiated relationships between headquarters and foreign subsidiaries; for example, if subsidiaries are given increased autonomy to adapt to their local context, this creates avenues for internal negotiations and decreases the level of conflict with headquarters (Pahl and Roth, 1993). Similarly, some strategic decisions taken at the centralized level (e.g. recourse to complex outsourcing contracts) give the organization structured and clearly identifiable ways to negotiate with their external stakeholders (Quélin and Duhamel 2003). Also similarly, the strategic positioning of the company (e.g. as a leader in its market) dictates the behavior of its agents at different negotiation tables; for example, when a leading company opts for a cost-killing strategy, this necessarily translates at diverse negotiation tables into hard-bargaining tactics on the financials (Borbély 2014). Conversely, negotiation also plays an influential role in strategy formation. If we examine this process through the top-down model of strategy making, several studies have clearly shown the relationship (e.g. Amason and Schweiger 1997; Elbanna Ali and Dayan 2011; Parayitam and Dooley 2011). Such a stream of research considers strategy as a top-down phenomenon, with leaders defining strategy in formal settings, often behind closed doors. In these settings, when conflict arises, it may affect the strategic decision making process. If, however, we use the emergent model of strategy, which posits that strategy emerges from practices and human interactions at all levels of the organization (Mintzberg 1978), this suggests that social dialogue, employee participation, 5 and negotiation culture within an organization will all strongly impact strategy formulation and implementation. In any case, very little research has looked beyond certain negotiations of strategic importance to study how negotiation can and should be nurtured from a strategic point of view. Negotiation as Organizational Capability To justify efforts towards a negotiation infrastructure within an organization, one first needs to recognize that negotiations taken as a whole may provide a comparative advantage to the organization and, consequently, that negotiation should be approached, at the organizational level, as a capability. Our discussion thus far suggests that organizations should look at negotiation from a systemic perspective, in order to reap its full benefits. Consider several organizations supplying similar products (goods or services) to the same market: the one that negotiates best with internal and external stakeholders will undoubtedly take the lead. All other things being equal, negotiation, especially when considered at the organizational level, needs to be perceived as a source of performance and growth, supporting competitive advantage. Negotiation is therefore linked with performance, an idea congruent with the strategy literature, in particular the Resource-Based View of the firm (RBV). As one of the dominant theories in business, RBV seeks to understand how competitive advantage is created and sustained over time, by focusing on the internal organization of firms, rather than placing the focus on the firm’s positioning in its market. 6 Competitive advantage can be achieved and sustained if the firm possesses, through development or acquisition, resources that are valuable, inimitable, rare, and nonsubstitutable (e.g. Wernerfelt 1984). RBV therefore posits that organizations own a unique set of resources and capabilities, the latter being defined as their ability to deploy the former in the most productive wayi. The RBV literature stresses the notion of human capital (Schultz 1961), which, in negotiation terms, leads to the idea of “relational capital”, defined as “the set of all relationships – market relationships, power relationships and cooperation – established between firms, institutions and people that stem from a strong sense of belonging and a highly developed capacity of cooperation typical of culturally similar people and institutions” (Welbourne and Pardo-del-Val 2009: 486 citing Capello and Faggian 2005). Following this reasoning, the fruit of successful negotiations is defined as part of the firm’s capital, thereby stressing negotiation’s potential impact on the organization’s performance. This applies to commercial negotiations (sales and purchasing) but also to the organization’s ability to regulate its internal relationships through negotiation, from the work floor (unions) to the board’s table (strategy). Well-managed ongoing negotiated relationships, such as an innovative collective agreement with the workforce or an influential lobbying relationship with the regulator, are therefore assets for an organization. Recognizing negotiation as a capability does not seem to conflict with the literature, which, in particular, provides cases in which organizations’ negotiation and conflict management abilities protect them from adverse aspects of their environment. As an example, doing business in fragile, war-torn areas of the world requires specific skills, 7 in order to be accepted by the local communities and shielded from the consequences of local conflicts (Ganson 2014). Similarly, contexts of intractable labor conflict may prevent organizations from efficiently doing business, or even making key decisions. A recent example may be found in the deadlock at Air France, the French national air carrier, in September 2014: the board’s plan to develop a Europe-wide low cost airline, described as the only way to address competition, was stalemated because of failed negotiations with the pilot unions (Clark 2014). Few companies exemplify the recourse to negotiation to further their competitive advantage better than Ryanair, the Irish low cost airline (Borbély 2014). For the first decade and a half of our century, Ryanair has managed to leverage its ultra-low fare positioning in the highly competitive European air travel market with spectacular financial results. To achieve this, it relies on a thorough cost-killing approach, which goes beyond its operations to negotiation with its key stakeholders. By leveraging its market domination, the company has proven able to capture much value in its negotiations with customers, employees, aircraft manufacturers and regional airport operators. As an example of their success in negotiation, some airports pay Ryanair a “marketing fee” to serve them, rather than the more common agreement in which the airport collects a landing fee from each airline. Such arrangements alone are said to generate more revenue every year than the airline’s published yearly profits (Borbély, 2014). If this proves true, it means that Ryanair actually loses money on their air operations, making the results of their negotiations all the more central to the company’s performance., Ryanair has built its business success on an ultra-hard-bargaining stance, often equated to a “take-it-orleave-it” approach, which it applies to all its stakeholders: customers and staff are 8 explicitly told to go to the competition if they are not satisfied. It uses a similar approach toward the all-powerful airplane manufacturers, Airbus and Boeing: the case study shows how, facing extreme demands regarding discount prices, Airbus has decided not to deal with Ryanair despite well-engaged discussions in 2003, while Boeing has. Ryanair got cheap deals on its fleet, in part because they placed their two last giant orders for 737s in times of hardship for Boeing, i.e. when Boeing had a poor BATNA (in the midst of the moribund, post 9/11 aircraft market in 2003, and during the 787 Dreamliner “teething troubles” in 2013) (Borbély, 2014). We can therefore identify idiosyncratic processes of negotiation within this airline which stand at the root of its financial performance. The example of Ryanair shows that an organization may negotiate in a consistent manner, regardless of the agent sent to the table, the counterpart, the stakes, or the context of the different negotiations. Thereby, organizations’ larger strategies have an imprint on daily negotiation practices on the ground. Daily negotiation behavior in a company is difficult to observe with either of the classical methodological lenses used in negotiation research (behavioral or contextual), requiring instead an integrated approach which unveils the ways that coherence is created, maintained and exploited within an organization. Furthermore, organizational studies may help us understand how organizations nurture good practices into a true capability. We were only able to locate two works in the literature which explicitly claim that negotiation is an organization-wide capability. The first to argue in that direction was Danny Ertel (1999); Hal Movius and Lawrence Susskind (2009: 5) followed ten years later, providing support for the idea in the bluntest possible terms: “organizations that 9 look past negotiation as a core capability do so at their own peril”. From a negotiation perspective, the idea that successful negotiations create value is thereby transposed from the level of individual exchanges to the organizational level. The central question then becomes: how can an organization drive the entirety of its negotiation practices so as to secure competitive advantage? Research in organizational negotiations, and in management as a whole, is surprisingly quiet on this point. Growing Negotiation as an Organizational Capability How can managers reap maximum value from the organization’s negotiation practices? We believe that this requires some conscious, visible change efforts. Some contextual aspects also play a role, as the way people negotiate depends on the organization they serve; one explanation may therefore have to do with organizational culture. Apart from the classical agency theory incentives argument (e.g. Pratt and Zeckhauser 1985), we do not know how a specific negotiation culture naturally spreads within an organization. A possible alternative explanation may have to do with strategy: as the Ryanair case exemplifies (Borbély 2014), people negotiate based on their leaders’ strategic impulse and the resources and positioning of the organization they work for (e.g., Bazerman, Magliozzi and Neale 1985; Appelt and Higgins 2010). For example, a purchaser for Walmart does not negotiate in the same way as his equivalent at the local food co-op; among other factors, it is easier (at least in theory) to negotiate for a powerful company than for a small start-up. Comparing Ryanair with other successful negotiating 10 companies may lead to the emergence of a set of strategic features associated with better negotiating practices. Beyond these contextual elements, we suggest that business managers take steps to cohesively structure their organization’s negotiation streams. By this, we mean a broad management change and organizational structuring effort, designed to lead the company to view negotiation from a systematic perspective, rather than, or in addition to, individual negotiations taken individually. These steps must be grounded in reflections about the negotiation performance of the organization, perhaps starting from one set of issues in particular (sales, purchasing, employment relations, employee participation and quality of life at work, etc.), or possibly taken from a global perspective. Following are some ideas provided by the few existing sources on this issue. In their 2009 book, Movius and Susskind offer a consulting approach, which follows up on negotiation training and attempts to give trainees the tools to apply the mutual gains method in their work. Their step-by-step method, which can either emanate from the leadership (top-down) or individual negotiators (bottom-up), begins with a diagnosis of current negotiation practices. Change efforts then focus on innovation diffusion (tailor-made training programs, experiments, exchange of good practices, etc.); adaptation of processes (especially negotiation preparation); and change of the incentive structure. The final step in their method is the traditional ex-post assessment of the change effort, in order to tackle persistent barriers. Although published somewhat earlier than Movius and Susskind's book, consultant Danny Ertel's 1999 Harvard Business Review article offers a more detailed 11 picture. He lists different mechanisms through which negotiations may be influenced from an organizational perspective, in addition to the hiring, training, and retaining of individual negotiators. He first explicitly invites managers to move away from a situational to a more strategic and systematic approach to negotiation— i.e. they should look at all negotiations simultaneously, instead of each negotiation individually. He advocates coordinating all negotiations, rather than creating stricter rules and regulations, or setting stricter mandates to negotiators. His advice may be categorized along the following two lines. First, Ertel suggests creating a negotiation infrastructure, which not only enables people to share information, brainstorm, and exchange good practices, but motivates people toward such coordination efforts. Setting aside the idea that each negotiation is unique, such an infrastructure aims to provide negotiators with organizational support, by standardizing processes, imposing some form of management control over negotiators, and changing the way employees approach negotiation. This can lead to the creation of a central database of all negotiations, to be used as a reference in one’s individual negotiation efforts. Second, Ertel offers reflections about how to better incentivize negotiators to make the organization’s negotiation efforts more efficient overall. This requires modernizing negotiators’ key performance indicators to better align their remuneration scheme with the objectives of the company. For example, instead of quantitative successes (turnover, clients, etc.), negotiators may be evaluated on the quality of the relationships they create, or the innovative character of their deals. When correctly incentivized, negotiators may become less concerned with their immediate gain and work 12 harder toward long-standing business relationships; this may in particular help them quit responding to relationship issues with concessions on the substance (e.g. discounts). Furthermore, negotiators need to be reassured that it is fine for them to walk away when a proposed deal does not fit with the organization’s interests. Finally, for coherence purposes, Ertel insists that such efforts need to transcend organizational boundaries, be applied by management, and be aligned with the company’s public relations efforts. All of these consultants offer cases where successful management changes were applied at the departmental or company level to align negotiation practices to better serve the organization’s strategic objectives. Such structuring changes are directed by management and aim to increase overall negotiation outcomes on a company-wide basis, rather than individual negotiations, so that negotiation best serves the organization’s strategic objectives. At this point, three remarks appear necessary. First, neither source claims to be comprehensive. They provide examples and methods to increase efficiency, without aiming to cover the entire field. Second, their methodology is experiential. They do not provide empirical support for their central argument that a negotiation infrastructure makes the organization more efficient overall. Finally, neither source was able to observe more than a handful of organizations which had actually implemented the methods that they recommend. Their contribution is therefore a basis upon which to begin to build a global understanding of the diffusion of negotiation within organizations; but this work remains to be done. Taking Negotiation to the Organizational Level 13 So how do we go from training better negotiators to ensuring that the organization as a whole negotiates more efficiently? In other words, how do we ensure that negotiation serves its role in fulfilling the organization’s strategy and reaching its objectives? Approaching the question from this angle can permit us to merge fundamental negotiation theories (as discussed in other sections of this volume) with research on sales management, dispute resolution systems design, social dialogue, happiness at work (which largely deals with “invisible” everyday negotiations), and corporate strategy. We recommend that these efforts begin with an attempt to determine whether various companies consider negotiation as anything more than an individual skill to nurture among their employees. We need to know how companies structure their negotiation efforts, whether along the lines suggested by Ertel (1999) and Movius and Susskind (2009), or through other methods. We should also carefully define “efficient negotiation processes” by identifying and mapping the different processes and settings of negotiation throughout the organization, in a systematic way, such that interorganizational and cross-cultural comparative studies are made possible. This also mandates the establishment of efficiency indicators, either on a longitudinal basis, or as rigorous, cross-sectional dependent variables. Whether we follow Henry Mintzberg (1978) with his idea of “emerging strategy”, or we approach strategy formulation as a top-down phenomenon, strategy needs to be diffused within and around the organization, in part through negotiation among different actors and stakeholders. One may therefore hypothesize that, across the board, the efficiency of such negotiations will positively impact the success of the strategy, and therefore the organization’s performance. If we postulate that organizations that negotiate 14 better perform better, can we justify this with empirical data? This will require us to use the existing performance indicators for strategy (or create new ones) and build the appropriate key performance indicators for negotiation. It will also mandate a careful look for (possibly numerous) exogenous factors that may mediate the relationship between negotiation and strategy. The way people negotiate within an organization may impact its strategy in terms of how well that strategy is implemented, but also in other ways. For example, one may also hypothesize whether efficient negotiation practices, consistently applied throughout the organization, lead to less conservative, more entrepreneurial strategy formulation, with more risk-taking and innovative potential. The Ryanair example seems to suggest this: companies that perform persistently well in negotiations may be able to set, and reach, more ambitious objectives. A structured approach to negotiation at all levels of the organization may profoundly impact its culture, for example through employee participation processes and collective feedback on negotiation practices, which may in turn lead to more creative strategy ideas. A systematic map of different organizational practices regarding negotiation may enable us to isolate best practices. Some structuring efforts may work, others may not and some may only work in certain circumstances. Ertel suggests giving more freedom to negotiators and incentivizing them to search for creative deals. This may work for some functions of the firm or in certain industries, and prove non-productive in others. A structured approach to negotiation practices does not have to follow the organization chart. Often, the cases showcased by the different sources talk about 15 purchasing, sales, human resources, or strategy formulation. Beyond helping specific functions of the firm negotiate better, can a structured approach to negotiation help all functions of the firm to achieve better results? We conclude that the coherence of negotiation practices across the various functions of the firm (one is tempted to use here the word “negotiation culture”) may have a significant impact on overall performance. Bibliography Amason, A. C., and D. M. Schweiger. 1997. 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Relational Capital: Strategic Advantage for Small and Medium-Size Enterprises (SMEs) through Negotiation and Collaboration. Group Decision and Negotiation 18(5): 483-497. Wernerfelt, B. 1984. A Resource‐Based View of the Firm. Strategic Management Journal 5(2): 171-180. Zartman, I. W. 1977. Negotiation as a Joint Decision-Making Process. Journal of Conflict Resolution 21(4): 619-638. Zartman, I. W. 1988. Common Elements in the Analysis of the Negotiation Process. Negotiation Journal 4(1): 31-43. i It is worth noting that the strategy literature hosts numerous conceptual debates around the notion of capability, which is often characterized by an adjective such as “dynamic”, “strategic”, “competitive” or simply “corporate” or “firm”. We do not wish to enter the debate about what type of capability best suits negotiation, as it is highly technical and beyond the point we are making here. For a deeper understanding please see Hine, Parker, Pregelj and Verreynne (2014). 19