MBS618 – Dispute Management
Lecturer: Mr Ernest Charles Boswarva
“Assignment 1 – Case 8 Sick Leave”
CONTEXT OF NEGOTIATIONS
FORMS OF NEGOTIATIONS
TANGIBLE / INTANGIBLE FACTORS
CROSS CULTURAL COMPARISONS
THE INFLUENCE OF CULTURE ON NEGOTIATIONS
APPENDIX 1 – THE CONTEXT OF INTERNATIONAL NEGOTIATIONS
APPENDIX B – SCHWARTZ’S CULTURAL VALUES
APPENDIX C – DUAL CONCERNS MODEL
Kelly (a Canadian citizen) is employed as an Assistant Language Teacher (ALT) by the Japan Exchange and Teaching Program (JET) in Soto, Japan. The JET program was designed by the Japanese government to improve its English language education through the exchange of international teachers. It was anticipated that this exchange would also foster a deeper understanding at the grass-roots level of the importance and value of integration between different cultures. Any workplace problems the ALTs encounter during their employ can be resolved with the assistance of the Conference of Local Authorities for International Relations (CLAIR) as required. However, CLAIR should only intervene if the host institution is unable resolve the problem by itself. In the case study, a conflict occurs between Kelly and her Japanese supervisor, Mr. Higashi over the allocation of contractual leave entitlements. This report seeks to address the development of the conflict between the JET staff and the ALT, whilst identifying the underlying factors which influenced the situation. Using tools and theories from cross-cultural negotiation scholars, this report will then propose recommendations and options for the resolution of current and future conflicts. 2
Negotiation is “a form of decision making in which two or more parties talk with one another in an effort to resolve their opposing interests”. Negotiation typically refers to those situations in which both parties are endeavoring to reach an outcome that is mutually acceptable, or win-win (Lewicki, 2011). In the context of this case study, we will be exploring the negotiation strategies and forms available to Kelly and Mr. Higashi, in order to resolve the issue at hand. 2.1
CONTEXT OF NEGOTIATIONS
In international negotiations such as that highlighted in the case study, it is important to understand the overall contexts that will influence the discussions (Refer Appendix A, Phatak and Habib, 1996), whilst also guarding against cultural attribution error (Rivers, 2007) stereotyping (Weiss, 1993) and the halo effect (Lewicki, 2011). In the case study, the cultural context is an important consideration as individuals, such as Kelly and Mr. Higashi, may tend to negotiate differently depending on where they are from. In Japanese culture, people tend to negotiate deductively in that they gain agreement on general areas, before moving to the specific; whereas Canadians tend to negotiate inductively by settling on a specific issues which then become areas of general agreement (Salacuse, 1999). Mr. Higashi’s insistence that Kelly utilise accumulated Paid Leave instead of her entitlement to Sick Leave is a clear example of the different manner in which the parties may approach the situation; Mr. Higashi’s explanation of the expected work ethic from Japanese workers in that they will use their paid vacation time out of “respect for his employers” is typical of the bigger picture, deductive approach whilst Kelly’s insistence on her contractual rights, denote her tendency towards inductive reasoning. 2.2
FORMS OF NEGOTIATIONS
In distributive bargaining situations, which are fundamentally competitive or win-lose,...
References: Downing, R. 1992. “The continuing power of cultural tradition and socialist ideology: cross-cultural negotiations involving Chinese, Korean and American negotiators”. Journal of Dispute Resolution Vol.1992 (No.1): pp 105 – 132.
Goldfinger, G. and Greenleaf, R. 2000. Doing Business in Japan, New Jersey, Princeton Training Press.
Lewicki, R. et al. 2011. Essentials of Negotiation, 5th Edition, New York, McGraw-Hill Irwin.
Movius, H. et al. 2006. “Tailoring the Mutual Gains Approach for Negotiations with Partners in Japan, China and Korea”. Negotiation Journal Vol.22 (No.4): pp 389 – 435.
Oikawa, N. and Tanner, J. 1992. “The Influence of Japanese Culture on Business Relationships and Negotiations”. The Journal of Services Marketing Vol.6 (No.3): pp 67 – 74.
Phatak, A. and Habib, M. 1996. “The Dynamics of International Business Negotiations”. Business Horizons Vol.39 (No.5): pp 30 – 38.
Prestwich, R. 2007. “Cross-Cultural Negotiating: A Japanese-American Case Study from Higher Education”. International Negotiation Vol.12, (No.1): pp 29 – 55.
Rivers, C. and Lytle, A. 2007. “Lying, Cheating Foreigners!! Negotiation Ethics across Cultures”. International Negotiation Vol.12 (No.1): pp 1 – 28.
Salacuse, J.W. 1999. “Intercultural Negotiation in International Business”. Group Decision and Negotiations Vol.8 (No.3): pp 217 – 236.
Schwartz, S.H. 2012. “An overview of Schwartz Theory of Basic Values”. Online Readings in Psychology and Culture Vol.2 (No.1) http://dx.doi.org/10.9707/2307-0919.1116
Sujin, L. et al. 2013. “Cultural Perspective Taking in Cross-Cultural Negotiation”. Group Decision and Negotiation Vol.22, (No.3): pp 389 – 405.
Weiss, S. 1994. “Negotiating with “Romans” – Part 1”. Sloan Management Review Vol.35 (No.2): pp 51 - 61
Source: Phatak and Habib, 1996.
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