Recapping SW&CR: Negotiation (Ch. 11)

Chapter 11: “Hello there!” The Art of Negotiation as Taught in Star Wars (Chad Austin)

The art of negotiation is very prevalent throughout the Star Wars saga and is well put on display in some of its most iconic scenes. Past all the blaster marks, laser swords, and Ewok cuteness lies the two main approaches that characters like Han Solo and Darth Vader employ to get what they want which is the distributive approach and the integrative approach.

The distributive approach is the more popularly perceived form of negotiation where parties bargain over a fixed amount of assets. The typical example of this is how this plays out is the cost of passage on a ship between Han, Luke, and Ben Kenobi on the said piece of junk called the Millennium Falcon. The point focus of a “zero-sum” game with this approach allows parties to employ all sorts of tactics which include the stretching of facts where Han can make claims that the Falcon did the Kessel Run in less than twelve parsecs. Han can also make extreme offers of ten thousand credits for passage in hopes of seeking the best benefit of the bargain. “It’s not personal…it’s strictly business” is the mentality that Han takes in this negotiation leaving out any sort of established relationship between the parties (or so he may think).

The integrative approach or problem-solving approach tries to get the parties past the idea that the values in discussion are fixed and unalterable. Integrative negotiators seek to expand the pie and create a more collaborative environment with the parties contrary to Darth Vader’s method of negotiation which includes the excessive use of force choke. An example of this would be the hiring of a new assistant librarian at the Jedi Academy to assist the aging Jocasta Nu in her pending retirement. The negotiation of the hiring could be limited to credits but maybe you will want to include a brand new astro droid as an incentive for taking the job. This is a perfect example of expanding the pie.

Also, the integrative approach needs a level of understanding for the other party by being able to uncover the interests of the other part over their positions. This can lead a path to more creative solutions and inherently brings a more nurturing environment.

Lastly, negotiations are not for everyone (tell that to angsty Kylo Ren) so always be on the lookout for your best alternative to the negotiated agreement. This weapon is your life!

— Written by Pavan Tolani, SW&CR Padawan and 3L at the University of Oregon School of Law

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Recapping SW&CR: Mediation (Ch. 12)

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Recapping SW&CR: Ask Me About My Conflict Style (Ch. 10)