Prepare a negotiation strategy in a report format for a company or government or other legal entity on a project or undertaking of your own choosing. Be sure to clearly describe the nature of that pro

Abstract

Cognitive bias is a major component in the process of negotiation. Both parties have to plan their negotiation planning for a strategic plan task and learn how to major it. At the same time they have to control their emotion when dealing with others parties. This task is discusses about the movie clip that about the negotiation between two lawyers regarding their client divorce case and how the perception, cognition and emotion also the cognitive biases that involved in clip that are considered building blocks of social encounters.Those biases which appear common to both parties which are the plaintiff and opponent when they make judgements about the case. Implications of biased judgement are discussed in this task. Although we still do not know the best ways to elicit judgements,

Perception is on how we see something, whether it is an image in our mind or a shadow in our heart. It is the process by which individuals connect to their environment and a view of something what is happened around. It is based on what we know, sense making, how we make sense, what is our approach, common sense or how we make sense about it. If the person has a lack of knowledge and they have not enough information about the matter, their perceptions and views are quite limited. Sometimes our perception can influence people around us that they also will follow our perception in first place They will see that things either positively or negatively and it will turn to cognitive and emotion based on their evaluation. Sometimes our judgment about something is true sometimes it is not and we should not make to early perception about something if we do not know what the thing is.

Cognition is a term referring to the mental processes involved in gaining knowledge and comprehension information through information received from the environment and learning that include thinking, knowing, remembering, judging, language, problem-solving and others. Cognitive bias is a systematic bias that exists from the way the person processes the information in their mind according to the way that they think, and tends to use this occurrence as a benchmark for their decision making. That thinking will influences the decisions that they make. The level of bias also varies according to a person’s level of maturity. There are four primary biases that have an impact on how the decision that they are going to make which are affinity bias, confirmation bias, conservatism bias and fundamental attribution error bias. Some of the biases are related to the memory or to the problems with attention. The cognitive process is different between children and the adults and these biases also will be different when people become older due to decreased of cognitive flexibility. There are twelve types of biases which are “irrational escalation of commitment”, “mythical fixed pie beliefs”, “anchoring and adjustment”, “issue framing and risk”, “availability of information”, “the winner’s curse”, “overconfidence”, “the law of small numbers”, ”self-serving biases”, endowment effect”, “ignoring others’ cognitions” and “ reactive devaluation”.

Emotions are biologically based psychological states brought on by neurophysiological changes, associated with thoughts, feelings, behavioural responses, and a degree of pleasure or displeasure. It is a psychological response factor that naturally occurs in human feelings. Emotions include mood and a strong emotional feeling towards something that will cause us to act on according to that feeling, whether angry, sad, happy, scared or others. A good or bad emotions will influence us to the decision that we made tends to be positive or negative decision. If the person's emotional is unstable due to emotional stress, they will experience the depression and continue to result in irrational behaviours such as commit suicide and other actions that will endanger themself. Therefore the party concerned had created a special hotline for those who experiencing this emotional stress to share their problem and at the same time can help to reduce their burden to prevent such things from happening.

Combinations of these elements are considered building blocks of social encounters and will create a conflict if they act it negatively. The conflict that occurs between two parties involving two or more individuals will occur formally or informally because these parties are tried to defend their opinion and their stand in the negotiation. There are several factors that trigger to a conflict such as lack of discussion and communication, differences in beliefs and attitudes, different goals, differences in individual attitudes and experiences, personal interests and other related factors. The existence of a conflict is not all negative, sometimes it will create a new good outcomes when they know how to solved it in a proper way. Conflicts also occur in a married life, for some couples if their problems already at a serious stage and cannot be considered anymore they will choose to divorce.

In this assignment it is based on the evaluation of the movie clip that has been given where the movie is about the negotiation between two lawyers regarding their cline divorce case. What can we seen in this movie clip is that these two lawyers from the plaintiffs and opponents site just start the negotiation and they did not continue their negotiation because both parties already start to argue and the wife’s lawyer and the wife start leave the negotiation. How the perception, cognition and emotions is relate to the movie clip are, the differences of the perception of both lawyers which are the plaintiff maybe holds the perception that the things will went smoothly and the opponents may give what they had demand, but in my opinion the opponents perception is different when they may think they want to delay the process and don’t want to fulfil what the plaintiff demand because of certain ‘strategic” reason. The cognition of this matter from my point of view is both lawyers will always remember that they can’t make any statements that will contradict or would interfere the court process and they will considered other do and don’t to prevent unwanted things from happen before the matter is solved. From the emotion perspective that I can relate in this movie clip is the lawyer on the wife's site and the wife became angry and continued to change their mood after the lawyer on the husband's side stated something that make them disagree and they tend to leave the negotiation with a feeling of anger but the lawyer’s on the husband side is being quite relax and want to continue the discussion.

In every negotiation we should have a strategies and planning to win in that negotiation. Negotiation is what we learn from the experience and we also want a win-win situation between both parties. Maybe in some cases we need to use BATNA skills to facilitate the negotiation process. BATNA (Best Alternatives To A Negotiated Agreement), which is often used in negotiation tactics and it is the most advantages alternatives that a negotiating party can take if their negotiations is fail to an agreement. If they don’t want to lose in their negotiations, they should also have to take the correct step by seeking the information and doing a research about their negotiation issue before proceed for further steps.

Mismatches in a matter or in the relationship will indeed the source of conflict and its cause off by a certain reason. For our self in our situation in making any decision we have to consider our mismatches if we don’t want to face any conflict soon because of we don’t make a right choice. It’s also our right to make that decision based on our comfort ability from what we feel and not from other people suggestion. The reasons that occurs mismatches between party’s that sources of conflicts are incompatibility of respective attitudes, different ideologies and goals, personal interests, emotional and social factors, due to the power that they have and others related factors. What can we relate in the clip, these two lawyers, they don’t have a mismatches to hold the negotiation because the lawyer on the husband's side is too pressurized by giving the explanations that make the lawyer on the wife's side and also the wife angry when the quarrel occurs and they tend to leave the negotiation. The mismatches in frames between party’s source of conflict is because they did not get acquainted with each other, they were only hired by their client to manage their divorce case and their meet are not due to personal matters that will give an opportunity for them to get to know each other to find the compatibility.

Irrational escalation of commitment is one type of cognitive bias found in the source of inherent conflict. The irrational escalation of commitment is that something is not make sense for the negotiator in some situation that they are supposed to face it. The negotiator maintain their commitment to course of action even when that commitment constitutes irrational behaviour. Sometime when we explain our rational or our opinion with a reasonable reason other party they still not believes and angry and gives us a lot of reason to against that. In this clip, the lawyer’s wife and the wife should not leave the negotiation even if they feel angry and they should be more professional in dealing with this situation. At the same time they must know how to handle that situation and know how to control their emotion to answer the argument because their mood has changed at that time, but however they still have to stay because that party is the party that they should meet to manage the case until it is completed. This is what it’s means by an “irrational escalation of commitment”.

Anchoring and adjustment is the effect of the standard (anchor) against which subsequent adjustment (gain or losses) are measured. The anchor might be based on faulty or information and maybe misleading sometime. In this case, the things that can help to prevent errors of anchoring and adjustment are, both parties lawyer’s must be prepared with all the necessary documentation, relevant information and make preparations from other angles before proceed with the negotiation. This is important because if they are ready with that related information so that they can make an appropriate and accurate decision. This preparation is also to prevent them from getting the wrong information and it will give the opponent a chance to take advantage of them because the opponent know that they have a lack of information or they do not understand the things that they need to know because by the time the things sometimes are shifted. In this clip , of course both parties lawyer’s they must already had made proper preparations for what to discuss in the negotiation because both sides had hired the right party to handle their case and of course their lawyers had an experience to handle this matter and they will ready with the necessary information to be used in this consultation of negotiation to provide the best services for their client and at the same time they want to maintain their reputation as a lawyer who trusts in carrying out their responsibilities.

The winner's curse is the tendency to settle quickly on an item and then subsequently feel discomfort about a win that comes too easily. It’s a winning bid in an auction that usually exceeds the actual value of the item. In this clip regarding the winner’s curse is that both parties lawyer’s should get an advice from the relevant parties for the latest valuation on their client property for example such as assets, they should ask the real estate brokers and if it about the shareholding they should refer to the current price of the shares because it has a fluctuating value that changes over time. They also have to analyse it whether that asset have a common value element and make comparison with other “bidders” before discussing the division of their client property in that divorce case. The best remedy for the winners curse in this clip are when both parties lawyer know the value of each property that under the valuation by doing the research that mention above, so that their client will pay or get for a reasonably price of the division of the property and it also will prevent them from being cheated by the opponent and at the same time they will not lose in that bidding.

Overconfidence is a feeling where a person is too confident about something beyond what they should be thinking. Their ability or level of thinking for something is exactly higher than what is spread or overestimate of something. Overconfidence has a double edge effect. It can solidify the degree to which negotiators support position or option that are incorrect or inappropriate. It also can lead negotiators to discount the worth or validity of the judgment of others. Shut down other parties as sources of information, interest and options necessary for a successful integrative negotiation. In this clip, both parties’ lawyer should not be too confident in this case. For example, if they are overconfidence about the convinced of child custody, the division of the property or overconfident that the negotiations will run smoothly, it will trigger their anger or disappointed emotions if it happens otherwise. In the video it is seen that the lawyer on the wife's side is angry and leave the negotiation with the wife and maybe it is possible that they are too confident that this matter can be resolved easily and it happened otherwise so that the double edged effect of overconfidence can be considered in this clip

The conclusion that can be concluded is this scenario is, firstly when we face this problem we must be calm, relax, patient and learn how to control our emotions in managing this matter, we have to be wise to handle it and ask our friend or other people advice if they have that experience and make sure we get the best lawyer that have experience in handling this type of cases. Because in every negotiation case even other than divorce cases we also must make an initial preparations so that the negotiations process can be run smoothly, also when the opponent site they see our perfect preparation they cannot cheat us and used us for their personal interest. All this information also for us to share with other people soon if they are faces the same problem. So that they can get the clear picture from us what they should do, at the same time we also can give them the moral support to solve their problem for them to feel more confidence in handling this negotiation.

Words : 2,319

References :

Jason Gordon, (2021). Cognitive Biases In Negotiation. Retrive from :

https://thebusinessprofessor.com/en_US/communications-negotiations/cognitive-biases-in-negotiation

Kendra Cherry. (2020). What Is Cognitive Bias?. Retrieve from :

https://www.verywellmind.com/what-is-a-cognitive-bias-2794963

Nurul Husna Mahmud. (2001). Usah Pendam Konflik. Retrieve from:

https://www.hmetro.com.my/WM/2020/10/631170/usah-pendam-konflik

Sinar Harian. ( 2021). Hati-hati kesan stress terhadap mental dan fizikal. Retrieve from :

https://www.sinarharian.com.my/article/25276/LIFESTYLE/Sinar-Aktif/hati-hati-kes

The Amateur Financer. (2021). Your Mind and Your Money: Irrational Escalation of Commitment. Retrieve from :

https://www.theamateurfinancier.com/blog/your-mind-and-your-money-irrational-escalation-of-commitment/

University Of Taxas, Dallas. (2021), 2 Overconfidence has a double edged effect it can. Retrieve from :

https://www.coursehero.com/file/p2roq5p/2-Overconfidence-has-a-double-edged-effect-a-It-can-solidify-the-degree-to/