"Is There A Fox In You?" - Writes Dr.Sandhya Ram

Continuing with the Fox and Hare thread, Dr.Sandhya Ram brings the story now to a modern world of real estate and property dealings, and ponders...  

"Is there a fox in You?"  

If so, what is desirable for the negotiator in the fox to do, even if she is powerful.

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Last week vmscl CONCORD had seen interesting negotiation between a Fox & a Hare. In ‘A Fox and A Hare’, story the Fox decided to follow her instincts (use her position as a predator) and went to the extent of killing the Hare, once negotiation failed. Pointing to the mistake of the Hare, Dr.Patil advised the negotiators: You look into your own pocket, rather than peeping into other party’s pocket.  When the fox says: “Follow your instinct”, that is also pointing out to the negotiators who are powerful, to do the same if the other party refuses outright to consider their offer.

And Dr.Prasad took the story ahead in his post, ‘Iam the Hare’, where he explained the precarious position of the Hare, the Hare’s mistakes and the strategy that he would have adopted if he were the Hare.

That makes me wonder how this ‘Fox and Hare’ fable would work in a civilized world, instead of in a jungle backdrop where one assumes lawlessness and Statelessness. 

Let me raise a question - In a modern world governed by laws and where justice administration systems are well in place, what a ‘Fox’ could probably do in such a situation when he is in a highly powerful position as compared to the ‘Hare’. Of course he cannot just follow his instincts and kill the opposite party.

If there is a fox in you, what would you do in a like situation?

Bringing the story to the world we live in, imagine now that the Lady Fox is a builder who has already taken over an entire area of land, for her real estate development projects. The problem is with the Burrow Estate owned by the Hare, who bluntly refuses to sell it. Despite all the power, position and money that the Fox wields, she cannot afford to lose the negotiation because she needs the Hare’s estate at any cost. And she understands that she cannot wipe the Hare off, like how the fox in the fable did.

That makes the negotiator in a Fox think in terms of principled negotiation and draw up her WATNA and BATNA, after assessing her strengths and weaknesses.

Her Strengths

Lady Fox has Big Money, Influence and Power to even lobby with the politicians/media/government and get things done out of the way to coerce the Hare to sell his estate out of desperation and fear. The entire stretch of land surrounding the Burrow estate is owned by the Fox. That would give her the advantage of making life miserable for the Hare and force him to yield to her.

Her Threats/Weaknesses

Her greatest threat is the unpredictability of her own strengths. She could try using her power, position and money to make the Hare give up his land. But the result is absolutely uncertain, as it depends on many variables like the media response, public upheaval against her and the probable politicization of the issue. The Hare has quite some support considering his large family of hares. She might not be able to stop a civil society movement and protest against “land grabbing”. That would be quite a storm and then the media is sure to take up the cause, supported by her business and political opponents. If the Hare approaches the Court for relief, judiciary would go by the ‘rights’ jurisprudence. And here the “Right” is with the Hare, as being the owner of his estate, he has all rights not to sell it.

Therefore Her WATNA (Worst Alternative To Negotiated Agreement):

Use unlawful means to put pressure on the Hare, probably threaten to frame him in a criminal case etc. and thereby force him to sell the estate out of fear. This would result in embossing a stigma to the goodwill of the Fox forever. The world would not then see her brand as respectable; her credibility will suffer in all dealings, as cheating one would show her potential to cheat all, before the entire world.

And Her BATNA (Best Alternative To Negotiated Agreement):

Follow principled negotiation and legitimize the offer made. Convince the Hare by explaining the various benefits that will accrue to the Hare and to the community, with the coming up of the new project.  For this purpose involve all the hares living in the estate and propose before them the benefits of the deal. This would put peer pressure on the Hare to keep an open mind to the offer.

The Message

1.      Do Not Merely Follow Your Instincts When You Are Not Legally Right.

2.      Rather Refine and Define Your Instincts And Legitimize It.

3.      Convincing Works Magic, Coercion Though Looks Lucrative Rots Eventually.

4.      Playing Dirty Tricks May Work Temporarily. Even If You Are Powerful, It Is Wise To Follow Principled Negotiation.