Anatomy of a Positional Negotiation (redux)

Back in March I wrote this post about the breakdown in negotiations between Ryan Smyth (a hockey star) and the Edmonton Oilers. Because things fell apart despite the fact that Smyth, the Oilers and their fans all wanted an agreement, this negotiation remains my favourite example about how process, and not substance, can torpedo agreements and destroy relationships. Indeed, the case is so good, it has become a key teaching tool in my negotiation workshops (when in Canada, of course…).

Interestingly, recent events have added to the important negotiation lessons that can be drawn.

When sharing the case some people contended that Smyth and the Oilers didn’t fall out but instead cut a secret deal, one that would bring Ryan back to Edmonton once he became a free-agent. The fact that, after being traded, Ryan stood crying in the Edmonton Airport while awaiting his flight to New York didn’t dissuade these doubters. This was of course, all part of the act.

Well, on July 2nd, on the first day of free-agency, Ryan Smyth signed a contract with the Colorado Avalanch for $31.25 million. A bad outcome for Oilers fans, but a good outcome for my credibility as a negotiation consultant.

So why didn’t Smyth go back to Edmonton?

I can think of two reasons – both of which spring from the positional negotiation process Smyth and the Oilers adopted.

Firstly, the previous negotiations permanently damaged relations between Smyth and the Oilers. A haggling process never builds a stronger relationship. It generally involves the parties slugging it out as they tell one another why the other’s current offer is insulting. Of course none of it’s “personal.” But isn’t it is telling that the Oilers broke off negotiations and traded Smyth without notifying him (I believe he learnt he’d been traded by watching TV). Moreover, as I mentioned before, Smyth was distraught enough to cry during the interview in the airport. You don’t have to be a negotiation consultant to know that when one person makes another cry, the agrieved party is looking for ways to work with them again. In this case, Smyth probably wasn’t receptive to any new offers from the Oilers. Their prior negotiation burnt that bridge.

Second, the Oilers painted themselves into a corner on the issue of price. I’ve maintained that Smyth probably wanted to be in Edmonton or Calgary. In the above linked to YouTube video Smyth says his heart is in Edmonton, and he probably wants to be close to family, community, charitable work, etc… I suspect he might have accepted a marginally reduced salary in order to stay there. But with other teams now offering over $31 million, the Oilers probably needed to offer $29-30 million in order to compete. Given their previous “best” offer had been $27 million, any new higher offer would be an admission that they’d undervalued Smyth. That left them with two options. Option 1: Eat humble pie, offer $30 million and admit they’d been lowballing Smyth. In the testosterone world of hockey I suspect the Oilers GM’s ego couldn’t stomach that choice… Not that it would have mattered, any such an offer would have been tainted. It would be like saying “sorry we tried to screw you in our previous negotiations, but we hope that you’ll come work for us now that we’ve been forced to offer you more.” That left option 2: Save face by walking away and claiming the Avalanch over-paid.

Of course, the Oilers’ GM may genuinely believe that Smyth isn’t worth $30 million. Who knows, he may be right. Only time will tell. But, the negotiation process he adopted – and not the substance – destroyed an opportunity for getting Smyth at a much lower price. Most people believe negotiations succeed or fail based on substance (can buyers and sellers agree on a price), sadly that is only sometimes the case. All too often, the determining factor is how we conduct negotiations.

Job Posting @ Mars

This job opportunity came through from Ross W., a very cool looking job indeed. I know the MaRS team is excited about this new development. Contact info is at the bottom. Enjoy!

Director, Social Entrepreneurship

The MaRS Discovery District is seeking a Director, Social Entrepreneurship. Reporting to the CEO, the Director will assemble and lead a team of advisors focused on helping new and emerging social entrepreneurs refine, launch and scale their innovative ideas for creating transformative social change.

S/he will also lead Social Innovation Generation @ MaRS (SiG@MaRS) – a node in a new national network linking MaRS, the McConnell Foundation, the University of Waterloo and PLAN. Finally, the successful candidate will become a member of MaRS’ senior leadership team and contribute to the development and evolution of MaRS itself.

Position Overview

The person hired for this position will leverage MaRS’ expertise and networks in supporting emerging entrepreneurs to develop a new suite of programs and services focused on social entrepreneurship.

Responsibilities will include:

  • Liaising with the other SiG nodes to develop a national social innovation network, spanning idea generation, incubation, evolution and expansion
  • Building and leading a team with the expertise to help emerging social entrepreneurs test and launch their ideas and strengthen and grow their organizations
  • Selecting and coordinating a group of external mentors and advisors to work with emerging social ventures and their leadership teams
  • Developing course material/curricula/programming content, and assembling tools and templates that support social innovation
  • Creating opportunities to connect social innovators and their commercial counterparts
  • Build strategic initiatives in financing social ventures, knowledge transfer, and enabling technology platforms for social change
  • Identifying the key organizations active in this field across the country – and internationally – and developing a partnership strategy that includes government and the private sector
  • As a young, entrepreneurial organization, everyone at MaRS is expected to be flexible; specific duties/responsibilities will evolve, and staff will be expected to contribute to various projects as needed.

Skills/Qualifications

  • At least 5 years of experience in the social sector, including roles that involved team formation and leadership
  • Entrepreneurial experience either creating or building an early-stage venture
  • Knowledge of public policy and a proven ability to work with public, private and third sector partners
  • Ability to work both independently and in teams
  • Exceptional communications skills, both oral and written

About MaRS

MaRS is a not-for-profit organization dedicated to maximizing the economic and social mpact of Canadian innovation. The MaRS Centre – a 700,000 sf convergence centre in downtown Toronto houses over 65 organizations, from investors and scientists to entrepreneurs and policymakers.

Contact Information

Ross Wallace – Director, Corporate Strategy (416) 673-8126 – rwallace@marsdd.com
Applications for this position must be received by July 31, 2007.

Sicko – I laughed, I cried, but I didn't think

I saw Sicko on Sunday night. No doubt, Michael Moore makes a fun movie. Clearly the US health insurance system is broken. It is, in all honesty, an embarrassment – a fact Moore ruthlessly exploits to great effect. That said, I nonetheless left the theater vaguely unsatisfied. I think it is because there is virtually no analysis of why the US healthcare system is broken, beyond of course the old stand by of “corporations are evil.”

As the film repeatedly demonstrates, health insurance firms often behave appallingly. But it isn’t because they are staffed entirely by evil people. This is a structural problem. For some reason, these firms are incented to literally turn their clients into their enemies (which is never a sound business strategy).

The best explanation I’ve seen comes from 5 pages in The Undercover Economist (an excellent book) where the author – Tim Harford – talks about the problems created in markets where there are asymmetries in knowledge. It is so good, I’ve reprinted (in an edited and very condensed form) the relevant bits:

“Economists have known for a while that when one participant in a transaction has inside information, markets may not work. It makes intuitive sense. But it wasn’t until an economist named George Akerlof published a revolutionary paper in 1970 that economists realized quite how profound the problem might be.

Using the used car market as an example, Akerlof showed that even if the market is highly competitive, it simply cannot work if sellers know the quality of their cars and buyers do not. For example, let’s say that half the used cars on sale are “peaches,” and half are “lemons.” The peaches are worth more to prospective buyers than to sellers – otherwise the buyers wouldn’t be buyers – say, $5,000 to prospective buyers and $4000 to sellers. The lemons are worthless pieces of junk. Sellers know if the car they’re selling is a lemon or peach. Buyers have to guess.

A buyer who doesn’t mind taking a fair gamble might think that anything between $2000 and $2500 would be a reasonable price for a car that has a 50/50 chance of being a peach. The seller of course don’t have to gamble: they know for certain whether their car is a peach or lemon. The problem is that sellers with lemons would snatch up a $2500 offer while sellers with peaches would find it insulting. Wander around offering $2500 for a car and you’ll discover that only lemons are for sale at that price. Of course, if you offered $4001 you would also see the peaches on the market – but the lemons won’t go away, and $4001 is not an attractive price for a car that only has a 50% chance of running properly.

This isn’t just about a trivial problem around the fringes of the market. In this scenario there is no market. Sellers won’t sell a peach for less than $4000, but buyers won’t offer that much for a car that has a 50% chance of being a lemon. With buyers only offering $2500 the sellers won’t sell their peaches, so in the end the only cars that get traded are worthless lemons, which get passed around for next nothing. Less extreme assumptions about the problem lead to less extreme breakdowns of the market, but the conclusions are similar.

Now let’s look at health insurance in this lens:

Let’s say that people who are likely prone to sickness are “lemons”; people who are likely to stay healthy are “peaches.” If, I suspect myself to be a lemon, I’d be advised to buy all the medical insurance I can. If, on the other hand, you feel fine and all your ancestors lived to be a hundred, then you may only buy medical insurance if it is cheap. After all, you hardly expect to need it.

Thanks to Akerlof’s proof that markets whose players have asymmetrical information are doomed, we can see how the insurance market may disappear. You, whose body is a succulent peach, will not find a typical insurance package a good deal; while I, whose body is a bitter lemon, will embrace a typical insurance package with open arms. The result is that the insurance company only sells insurance to people who are confident they will use it. As a result, the insurer loses clients who are unlikely to make claims and acquires the clients who are likely to make costly claims. As a result the insurer has to cut back on benefits and raise premiums. People of middling health now find the insurance is too expensive and cancel it, eliminating even more marginal “peaches” from the insurance pool and forcing insurance coming to raise premiums even higher to stay in business. More and more people cancel their policies, and in the end only the most sickly of the lemons will buy insurance at a price that will be nearly impossible to afford.”

Admittedly, this hardly covers all the problems facing the US healthcare system, but it does give an assessment of why the market for health insurance creates firms who behave so poorly (and yes, criminally). It is, in my mind, the best explanation for why a single insurer system (like what we have here in Canada) can work more effectively. However, this a single insurer system also creates problematic incentives, but more on that later in the week… (is anyone left reading a post this long?)

Taylormania sweeps the nation

Anyone who’s picked up the summer edition of The Walrus may have seen Taylor Owen and Patrick Travers piece – entitled 3D Vision – on Canada’s mission in Afghanistan. Interesting that The Walrus allows free access to their articles.

Taylor also interviewed on CKNW Radio on sunday at 2:30pm, you can hear the interview if you go here (creating a user name and password is a hassle, but free).

Also, on a completely different tack, for those that didn’t catch it, this post once again demonstrates why Andrew Potter is such a joy to read.

Foreign Policy in Asia

This story is an interesting update on the growing links between the United States and India.

The integration of India into the broad alliance of Western Democracies will probably be the most important geopolitical challenge and opportunity of the first half of the 21st century.

Conservatives (or for IR geeks, Neorealists) will like it because it will help contain China. Liberals will like it because it will both strengthen a democratic anchor in the heart of Asia and create a powerful ally whose values and ideals are broadly aligned with our own.

India is bankable because it is increasingly capitalistic and democratic, has an independent judiciary, and its demographics are slowly stabilizing. This puts it in sharp relief against China which is increasingly capitalistic and authoritarian, possesses a weak rule of law, and has highly unstable demographics (the one-child policy is causing both a gender imbalance and creating the longer term crisis of a suddenly contracting population). In short, China has the short term potential of being quite powerful, but over the long term, could become a source of instability. India, over the short term runs the risk of being impotent, but over the longer term could become a source of power and stability. Hence, the western economies are happy to trade with China, but the relationship ends there. With India, they not only want to trade but also explore the possibilities of partnership.

So where is Canada in all this?

Unclear. I’ve seen no evidence that we are making ourselves indispensable to the key players in this new alliance. And, as our experience in NATO has taught us, it is always good to get in on the ground floor. Alas, you have to have a reason to get in the door. It’s not clear we have one. And that is very, very, bad news.

Afghanistan – Exploding the mission

The Asia Times Online has reported that the United States and its NATO allies have been granted permission to hunt for the Taliban inside Pakistan.

This is a dramatic change in the mission.

The upside is significant. Extending the use of force into Pakistan denies the Taliban a safe haven from which to prepare and launch attacks in Afghanistan.

The risks however, are equally significant. This is a major escalation of the war. Indeed, it is, in many ways, precisely what Al-Qaeda has always wanted – an expansion of the conflict into a broader war, one that brings to rise the thorny situation of having an (at best) semi-legitimate secular Pakistani government coordinate attacks against its own citizens in conjunction with US forces.

Moreover, the Afghan conflict has always served as an outlet for Pakistani extremists, a method of preventing civil war by focusing their attention abroad. This agreement could bring those chickens home to roost – causing a civil war between secular and fundamentalist Pakistanis – all with American involvement.

If it goes well it will be a major blow against extremism. If it goes poorly, the geopolitical consequences will make Bush’s disastrous adventure in Iraq look like a historical footnote in comparison.

These stakes are big.

(good to see Canadian newspapers have so far ignored this important development)

Google on Public Policy

I should have known it existed, but floating through delicious I just uncovered that Google has a public policy blog.

Google Public Policy Blog

Incredible.

After a quick perusal it seems the blog is partly about the interface between technology and public policy (making me their much, much, much smaller neighbour) and partly about Google’s efforts to lobby for policies that are in its (and so far, the publics’) interests.

For example, the blog tracks Google’s efforts to fight “censorship” which it defines VERY broadly. This is of concern to Google because, as the blog’s authors point out…

“…to industries that depend upon free flows of information to deliver their services across borders, censorship is a fundamental barrier to trade. For Google, it is fair to say that censorship constitutes the single greatest trade barrier we currently face.”

Of course, under this definition, the Canadian content rules (Cancon) may constitute censorship – so Google may already have a few enemies north of the border. Of course, it hardly matters. In a world of online media, infinite websites, and delivery mechanisms like Joost, CanCon rules are probably among the regulatory walking dead. How will regulating content on television and radio matter when I’ll be getting my content via the internet?

Speaking of censoring the internet. The blog also documents Google’s participation in another important fight, the battle over net neutrality. While I already knew Google’s position on this issue, it was interesting to hear their thoughts directly. And hey, when you are taking on the entire cable and telecommunication industry, it is nice to know that at least one multi-billion dollar company is in your corner.

It’s made me wonder… will Google Canada take up arms in pursuit of net neutrality here at home? Someone has to take on Rogers and Bell as they attempt to control and shape our internet experience. Will Google Canada be as active and its parent company?

Open Source Chamber of Commerce

One of my favourite sessions from last week’s Open Cities unconference was a session Mark Surman proposed around what an Open Source Chamber of Commerce might look like.

So what is an Open Source Chamber of Commerce? Good question. Mark’s initial thinking was…

…to focus and build buzz around the significant volume of open source activity that is quietly (and disconnectedly) happening in Toronto. The number of companies, projects and research labs focused on open source is growing in this city, yet they are spread out a thousand nooks and crannies. There is no sense of community, no sense of anything bigger. Of course, that’s totally okay on one level. No need to invent community, especially when most people are tapped in globally. However, there is another level where staying disconnected locally represents a missed opportunity to make Toronto a better place to work on open source. (read Mark’s full post here.)

The session sparked a good debate about what such a Chamber might look like – or even what membership would entail.

The possibility that most excited me was how such a Chamber could serve as a home and talk shop for corporations or organizations that agree to “donate” a specific number or percent of their workforces’ hours, towards an open source projects. Many organizations (indeed most) use open source products, and some of them allow their IT employees to contribute towards them (for which there is a good business case). The Chamber could serve to connect CIO’s and other representatives from these firms and organizations with one another as well as with key figures within open-source projects. Up and coming open-source communities could pitch their software and community. Members could exchange best practices on how to best contribute to OS projects and on how their organizations can most effectively leverage OS software.

In addition, the Chamber could serve as an interest group, an advocate for infrastructure and policies that would make Toronto a more attractive location for Open-Source projects and contributors specifically and IT workers generally. According to the Municipal Government, Toronto already has the third largest cluster of Information and Communication Technology in North America (around 90,000 ITC facilities with 100 employees or greater) so there is a rich pool to draw from. On top of that – as Mark also notes – there is an interesting group of people affiliated with various open-source projects in Toronto. Why not figure out what Toronto is doing right and amplify it?

(As a brief aside, check out the Seneca FSOSS conference website if you haven’t yet – here’s a group that’s been doing a lot of heavy lifting on this front already.)

Mark and I are simply batting around the idea and would love feedback (positive and critical).

Centralization of Foreign Policy & the Role of DM's

Yesterday Taylor and I had this oped published in the Toronto Star (PDF version available here). Had a tremendous amount of positive feedback from many friends, including those in the foreign policy community. Please keep sending me your thoughts. Among the most interesting was from David B. who commented that

“Prime Minister Mackenzie King resisted inviting opposition leaders into the Privy Council during the Second World War because he believed it was the duty of the opposition to oppose; he feared that co-opting the opposition would lead to government tyranny. An interesting counter-perspective.”

Fantastic historical anecdote and important counterpoint! In our example, it should be noted that even after Mulroney invited the opposition leaders into the Privy Council they continued to opposed the war. However, his act shifted the discourse from a political debate to a policy debate – although we could debate if that is desirable. Thank you David.

In addition, yesterday’s post on the role of Deputy Ministers and public sector service renewal generated a large amount of email – all of which was deeply appreciated. Many agreed, although some thought that DM’s can’t be completely divorced from the policy process (which was not my intent, but I concede the piece is easily be read that way – my error). My larger point was that, in the conversations I’ve seen, the leadership keeps looking for a policy solution to this problem – a document or combination of changes that will solve the problem. I just don’t think it exists because this is not a policy problem. It’s a cultural issue. This means it requires a different type of solution and in particular some leadership and behavioural modeling from the top (which is not necessarily lacking, its just not focused or sustained on this issue).

In another fun, albeit tangential historical anecdote. Andrew C. noted that JC Watts was not only an African American Republican Congressman, he was also a veteran of the CFL. Who knew? Apparently Andrew.
One final comment (excuse the pun). Many of you wrote me emails yesterday with your thoughts – and every one was both great and appreciated. I’d like to also encourage you to write comments on the blog. This whole project is made much more interesting when people build off of or critique what’s written. While this isn’t the globe and mail, there tend to be 100-200+ people passing through each day, so please keep emailing, but also consider sharing your thoughts with others.