Dispute Resolutions Using a Football Field Technique

Negotiation is one of ways to reach a settlement between the parties in their disputes. By definition, it’s Bargaining (give and take) process between two or more parties (each with its own aims, needs, and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual concern or resolve a conflict. Where it's root word is the Latin negotium meaning ‘business’. To negotiate is: to confer for mutual arrangement; to bargain; to traffic.

There are two main theories of negotiation: the problem-solving approach and the competitive theory.

• The problem-solving approach involves the negotiator trying to resolve the dispute by suggesting resolutions that can be to the advantage of both parties; in other words, concentrating not on the negotiating party’s own position but seeking a mutually beneficial outcome by focusing on both parties’ interests.

• The competitive theory involves a tough, powerful and competitive negotiation. According to this theory, the aim is to obtain the best outcome for the individual negotiator and the ‘common good’ is irrelevant. In fact, in this theory, gestures of empathy or attempts to reach a mutually beneficial solution are seen as signs of weakness. In this theory, each side is out to gain as much as possible and lose as little as possible.

There are few factors that influence the way that the parties decide to negotiate such as: The relationship between the parties, The identity of the negotiating party, The value of the dispute, The strength of the parties’ legal positions. Cultural difference, The personality of the negotiation, The progress of the negotiation.

one of the best ways I had learned in the negation which John Grisham mentioned in his Novel "the Associate" which I read recently is the "Football Field Technique".

Where Kyle ( the associate in the novel) was in a table with a fake FBI agent (Wright), who was trying to convince Kyle to accept a job offer from a giant law company to be like a spy for him, since Wright has an evidence (Video) that will let Kyle be a servant for him to achieve his mission. This technique could influence anyone who worked on a dispute resolution to help him or her achieve the objective of their goal, but this way requires that the negotiator have the power over the meeting! ( my article How to Make Executive's Meetings Productive? could assist you in handling any meeting)

Wright was speaking slowly, with authority; the meeting belonged to him

He started his meeting with "Did you ever play football?”

Kyle: “Yes.”

“Then let’s say this table is a football field. Not a great analogy, but one that will work. You are here, at this goal line.” With his left hand, he stripped an imaginary line “You have a hundred yards to go, to score, to win, to walk out of here in one piece.” With his right hand, he laid down the other goal line, next to the heavy file. His hands were four feet apart. “A hundred yards, Kyle, “bear with me, okay?”

Kyle: “Okay.”

Wright: “Somewhere in here, at about the fifty, I’ll show you the video (EVIDENCE) that is the source of this conflict. You won’t like it, Kyle. It will make you ill. Nauseous. Sick to your stomach. But, if we are able, then we will continue your little march to the goal line, and when we get there, you will be quite relieved. You will once again see yourself as the golden boy, the handsome young man with an unlimited future and an unblemished past. Stick with me, Kyle, allow me to be the boss, the coach, the man calling the plays, and together we’ll make it to the promised land.” His right hand tapped the goal line.

“Now, Kyle, we need to start with the basics. Just some background, okay? 

Wright pulled some papers from the file, studied them for a second, then picked up his pen. And started giving him some facts about his life, where did he born? About his family, his hoppy, etc....

then he unleashes some of the facts that Kyle won't share with others, but wright ( the Fake FBI agent) pretend he knows to add a high position in the negotiation.

Then start asking Kyle few questions mainly to get him engaged in the negotiation ( refer to my article 4 levels of engagement to know more about how the engagement will help you to connect with others)

He asked Kyle questions such as; you were there? What happened?

Moreover, he moved to challenge his answers ( like a professional coach)

Which let Kyle take a deep breath, then another gulp of the water. Which let the flash of anger to be gone, replaced by the crush of confusion and fear.

Kyle was clever in his answers indeed Wright didn’t like the smart-ass answer, but decided to let it slide. (That a great way of negotiation, because you need to get out most from your second party)

After few challenging questions and more answers from Kyle, Wright took his elbows off the table and tried to relax a little deeper into the folding chair. He crossed his legs and placed the legal pad on his left thigh. He chewed the end of his pen for a moment, staring at Kyle as if he were now a psychiatrist, analyzing the patient. And open another topic (more challenging, to show the weaknesses of Kyle position).

After few minutes of the discussion, Wright suddenly seemed bored with the questions. He had stopped his scribbling. His hard stare began to drift. He stuffed some papers back into the file, then tapped a finger at the center of the table. “We’ve made progress, Kyle, thank you. The ball is at midfield. Do you want to see the video (Evidence)?

Kyle shows his nervousness.

Kyle watches the video. Wright sat patiently at the table, hairy hands folded again and motionless on his legal pad. Time meant nothing. He could wait forever.

“Are we in midfield?” Kyle asked, breaking the silence.

“Past midfield, around the forty and driving.” Wright replied,

then both keep discussing, until reaching the agreement that Wright want which was the goal.

This is one of the best types of negotiation that we could use in our negotiation when we have power and authority, and more Wisdom, (refer to my article The Importance of Wisdom in Dispute Resolution)

In every book, we read there are lessons we could learn. A lot of people are watchers few are observers.

John Grisham one of the authors that inspired the professionals who worked in dispute resolutions, arbitration and Law, thus he was one of the recommended authors to read his book that will help you to understand the law as per Glanville Williams: Learning the Law by A.T.H. Smith.