I’ve received at least a half dozen suggestions from different students over the years that I ought to consider using “The Art of War” as one of the readings in my Negotiation class. I just got another such suggestion, from a student who took my class at least a decade ago, and he was writing to say that he’d just re-read Sun Tzu and it made him think of the Negotiation course at many points. I have to confess that I’ve never made it all the way through Sun Tzu before, and I’m not sure that I’ve given a fair reading even to those parts of it I have read. I don’t have an easy time articulating my hesitation, and I’m thinking perhaps I’m missing something great. I wonder if any of you out there use excerpts as readings or would have other thoughts or guidance about this idea that keeps getting offered.
MM
Not knowing the background of the people who have recommended using The Art of War for teaching negotiation, I cannot say whether I agree or not. Moreover, I do not consider myself qualified to offer advice. However, from my own experience in the construction world, I can say that negotiations, at least in the construction field, are similar to a war.
All of the major construction companies that I have worked for have at least one room aptly named the “War Room.” Usually, this is the room that “buy-out ” takes place in. Buy-out is simply when a general contractor awards subcontracts for a particular project to a subcontractor. The so-called “war” begins when subcontractors negotiate portions of a contract, clauses in a contract or the final contract amount.
Having read the Art of War, I can confidently say, that depending upon your goal as a negotiator, there are many parallels that can be drawn with negotiation. This is readily apparent from the titles of the chapters within the book. Depending upon what version of The Art of War you are reading, the chapter titles differ but a sample list is :
Chapter 1 Laying Plans
Chapter 2 Waging War
Chapter 3 Attack by Stratagem
Chapter 4 Tactical Dispositions
Chapter 5 Energy
Chapter 6 Weak Point and Strong
Chapter 7 Maneuvering
Chapter 8 Variation of Tactics
Chapter 9 The Army on the March
Chapter 10 Terrain
Chapter 11 The Nine Situations
Chapter 12 The Attack by Fire
Chapter 13 The Use of Spies
It would be very difficult to argue that in negotiations, a negotiator does not lay plans, identify their parties weak and strong areas, understand the cost of going to war or dare I say, “the why” of going to war. I have most definitely used some of what the Art of War has taught me in negotiations, but I do wonder if it made me believe that negotiation is a war. I acknowledge that I am a very green law student, but I think I can say with confidence that in a negotiation, there shouldn’t be a winner or a loser but some form of a resolution that both sides can live with. After all, different parties want different things from a negotiation, but perhaps that is me being naive. When I think of a war ending, I think of a winning side and a losing side. In my novice opinion, I wonder if a green negotiator can separate the teachings of war, where the desired outcome is to “win,” and apply those teachings to a situation where, in theory and hopefully practice, both parties win.
things to keep in mind during negotiations
“Who wishes to fight must first count the cost”
“The greatest victory is that which requires no battle.”
― Sun Tzu, The Art of War