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Negotiation Positions:
“The Insult” is a film directed by Ziad Doueiri (2017). It delves into Lebanon’s complex social and political problems. The film’s primary characters have opposing viewpoints and interests, which fuel the tension and negotiation between them. Tony Hanna, a Lebanese Christian mechanic, harbors profound anger for Palestinians due to his painful experiences during the civil war. Tony’s primary point is that he refused to apologize for abusing Yasser, a Palestinian construction worker, since he believed he had the right to express himself freely. His primary interest, however, is in seeking justice for his complaints and defending his dignity as a Lebanese Christian.
Tony filed a legal complaint against Yasser. In the movie, when Yasser tries to apologize to Tony, Tony does not respond and instead continues to insult Yasser, which eventually results in Yasser punching Tony in the stomach. This scene was based on actual events. As a direct consequence of this, Tony decided to file an assault lawsuit against Yasser. On the other hand, Yasser was coerced into defending himself legally even though he did not want to pursue legal action. The movie demonstrates how something trivial as an insult can snowball into a protracted legal dispute, emphasizing the significance of open dialogue and mutual respect in mediating disagreements.
Tony is represented in court by Wajdi Wehbe, a notable Lebanese lawyer. Wajdi’s central point is defending Tony’s right to free speech and demonstrating that his insult was not intended. His ultimate motivation, however, is to use the case as a political platform to forward his nationalist agenda and get the support of Lebanon’s Christian community. In the film “The Insult,” Nadine Wehbe, Wajdi Wehbe’s daughter and a human rights lawyer, takes on the task of defending Yasser in court. Nadine is dedicated to fighting for Yasser’s dignity and proving that Tony’s insult caused him harm. Her ultimate goal is to challenge the institutional discrimination that Palestinians face in Lebanon and promote justice and equality for all individuals.
The main characters’ negotiating positions and objectives in “The Insult” mirror Lebanon’s complicated social and political reality, where historical grievances, sectarian divisions, and discrimination continue to define the lives and aspirations of its people. The video illustrates the intense hostility between various populations in Lebanon, with the scars of the civil war still visible today (Barry et al., 2015). Tony and Yasser’s feud exemplifies the tensions between Lebanese Christians and Palestinians, with each community feeling aggrieved and discriminated against.
The video also depicts lawyers’ roles in Lebanon’s court system, where the law is frequently utilized to push political agendas rather than achieve justice and equality. Wajdi and Nadine are two characters that symbolize opposing sides of the legal profession, with Wajdi using the law to promote his nationalist agenda and Nadine using it to fight for human rights and dignity. Ultimately, “The Insult” is a thought-provoking film that illuminates Lebanon’s complex social and political reality. The film emphasizes the significance of intercommoned discussion and understanding and the importance of supporting justice and equality for all.
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Resistance points and BATNAs:
Tony’s point of resistance was that he would not give in to Yasser’s pressure and withdraw his demand that he apologize. His best alternative would have been to file a lawsuit against Yasser, which would have made the disagreement much more public and contentious. In addition, he had the backing of his community, which, had the dispute lasted, could have contributed to its further escalation.
Yasser’s main point of contention was that he did not want to apologize because he was under the impression that he had not committed any transgressions. If he wanted to prevent additional friction with Tony and the Lebanese community, his only alternative was to resign from his job. Also, he enjoyed the backing of his local Palestinian population, which, had the conflict continued, might have contributed to the conflict’s further escalation.
The quarrel between Tony and Yasser in the film “The Insult” was resolved through a court-mediated settlement. The court encouraged both parties to reconcile and apologize to one another, which they eventually did. The apology was extended to their respective groups’ current confrontations and past grudges. Finally, Tony and Yasser understood the futility of their fight and resolved to go on with mutual respect and understanding. The film emphasizes the value of dialogue, empathy, and reconciliation in resolving problems between individuals and groups with a long history of strife.
Distributive vs. Integrative bargaining:
The parties involved in the negotiation attempt to maximize their interests through competition over a predetermined quantity of resources to engage in distributive bargaining, a type of negotiation tactic. It is more adversarial, with one side attempting to obtain as much as it can at the expense of the other. When two parties engage in distributive bargaining, the gain of one party is the loss of the other party.
Integrative bargaining, on the other hand, is a negotiation method in which the parties involved aim to generate value by collaborating and finding ways to extend the available resources. This contrasts traditional bargaining, in which the parties try to get what they want (Adler et al., 1998). The tendency is toward greater cooperation, with each party attempting to discover solutions to the mutual interest of both parties. In integrative negotiation, both parties have the potential to walk away with something beneficial.
Benefits and consequences of each negotiation style:
The film showed the pros and cons of distributive negotiation. Creating a harsh and confrontational environment allowed Tony and Yasser to express their needs and interests, which may have led to further violence and conflict. This resulted from the strategy. Integrative bargaining was shown to be beneficial in the film. Tony and Yasser found a solution that worked for them by finding common ground. This strategy needed both sides to comprehend and work together, which can be difficult in a stressful environment. The film showed that integrative bargaining is more likely to provide long-term solutions and favorable consequences for all parties. The film showed that distributive and integrative bargaining could be effective negotiation methods depending on the situation(Lax & Sebenius, 1992). It also showed that distributive bargaining might backfire if handled poorly. Hence, context and objectives should be considered while choosing a negotiation technique.
The film “The Insult” demonstrated the advantages and disadvantages of distributive and integrative bargaining. Tony and Yasser were able to express their demands and interests through distributive negotiation, but it produced an aggressive environment that could lead to increased violence and conflict. On the other hand, integrative bargaining enabled Tony and Yasser to develop a solution that suited both parties by identifying common ground. It encouraged cooperation and collaboration, resulting in long-term solutions that benefited all parties involved.
One downside of distributive negotiation is that it might result in a lose-lose situation in which one party feels they have been treated unfairly or have missed out on essential portions of the negotiation (Lax & Sebenius, 1992). This can lead to resentment and increased conflict, as demonstrated in the film when Tony refuses to apologize and demands that Yasser apologizes to him. This entrenched position eventually led to a court struggle that could have been avoided if both parties had been more open to compromise and finding a mutually beneficial solution.
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Apply the Situational Matrix:
Richard Shell created the Situational Matrix to help negotiators comprehend the significance of the connections involved in a negotiation and the stakes at risk. The nature of the parties’ relationship and the stakes at risk were significant factors that influenced the negotiation process flow in the case study of “The Insult.”
Stakes:
Tony and Yasser had a lot riding on the outcome of their discussion. Both of these guys had a lot riding on the outcome of the situation, including their pride, dignity, and identity as members of the communities to which they belonged. Tony was in legal jeopardy and desired to exert his influence over Yasser. On the other hand, Yasser was under pressure from his company and community to avoid additional conflict.
Relationship:
Tony and Yasser have had a tense and turbulent relationship since the beginning of the conflict. Before the incident, they had no prior history or relationship, and the fact that they came from different backgrounds and had separate identities contributed to the tension between them. Nevertheless, they had never met. Despite this, they became better at understanding and appreciating one another’s points of view as the negotiation went on. As a result, they established a relationship founded on mutual respect.
Relative importance:
In this case, the relevance of the stakes was initially weighted far more highly in favor of the stakes than the connection. This was done to underscore the gravity of the situation. Tony and Yasser’s tension increased alarmingly since they were adamant about accomplishing their unique goals and meeting their demands. However, as the talk about collaboration progressed, negotiating became less and less essential. Tony and Yasser began to communicate more openly and empathize with one another, allowing them to find a solution that fulfilled their interests while resolving their communication concerns.
According to the Situational Matrix, the relative importance of the stakes compared to the significance of the relationship can fluctuate throughout a negotiation depending on how the parties interact (Peterson, 1998). In the case of “The Insult,” the initial emphasis on the stakes was replaced by a more significant emphasis on the relationship, which ultimately contributed to the conflict being resolved more constructively and helpfully.
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Tactics:
During the negotiation in “The Insult,” Tony and Yasser utilized various strategies to add and share value to accomplish their objectives.
Adding Value:
Tony’s first attempt to contribute valuable information was to seek an apology from Yasser. He felt that his honor and dignity had been offended, and he believed that the apology would restore those qualities to him. However, as the negotiations advanced, he realized that he also needed monetary compensation to cover his medical expenditures and to protect himself from the potential ramifications of the legal predicament. This was added in addition to the amount he was negotiating for. On the other hand, Yasser attempted to add value by expressing his desire to repent for any harm he may have caused and by offering to fix Tony’s drain line for free. Both of these actions were attempts to atone for his actions. Yasser believed he had offended Tony in some manner.
Distributing Value:
As the complexity of the negotiation increased, both sides tried to allocate value to advance the negotiation and attain their respective objectives. Wajdi, who represented Tony’s interests in legal matters, attempted to coerce Yasser and Nadine, who represented Yasser’s interests in legal matters, into complying with Tony’s requests using his extensive legal knowledge. On the other side, Yasser sought to appeal to Tony’s sense of empathy and understanding by explaining the historical context behind the insult and apologizing for any harm he may have caused. Yasser’s explanation did not persuade Tony.
Approaches:
During the negotiation, participants argued based on various perspectives, including power, rights, and interests. At first, Tony tried to stress his demands by relying on his power as a citizen and as the person who had been hurt. Additionally, he considered that he was entitled to an apology from the other party and monetary recompense for the harm he had suffered (Budjac Corvette, 2007). On the other side, Yasser appealed to his interests and emphasized the significance of open communication and mutual understanding amongst the various populations.
Most successful approach:
In the end, it was determined that the approach that was centered on Yasser’s interests was the one that was the most successful. He was successful in developing a relationship with Tony that was more respectful and constructive by appealing to Tony’s capacity for empathy and understanding. This allowed them to develop a solution that considered their interests and prevented any other dispute from erupting. While initially successfully exerting pressure on Yasser, Tony’s power and rights-based techniques proved less successful in attaining an outcome to both sides’ satisfaction.
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Examining the Outcome:
In the course of the negotiation that is described in “The Insult,” both sides were successful in achieving some of their objectives; nonetheless, I believe that Yasser was ultimately more successful in the negotiation than Tony was. Yasser accomplished his principal objective: avoid additional friction and legal issues. According to the Situational Matrix, the relative importance of the stakes compared to the significance of the relationship can fluctuate throughout a negotiation depending on how the parties interact (Peterson, 1998). In the case of “The Insult,” the initial emphasis on the stakes was replaced by a more significant emphasis on the relationship, which ultimately contributed to the conflict being resolved more constructively and helpfully.
Yasser and Tony’s disagreement eventually led to a legal lawsuit in which both parties presented their positions in court. Finally, the court declared Yasser not guilty of any misconduct, implying that the court concluded Yasser was innocent and that Tony lacked a viable case against him. Furthermore, the absence of monetary compensation indicates that the court did not believe Yasser had caused Tony any harm that warranted financial compensation. In other words, the court accepted Yasser’s innocence and determined that Tony had no genuine claim against him. As a result of his inability to prove his case against Yasser, Tony was forced to accept the outcome of the legal case without financial gain. This underlines the significance of seeking justice through legal means and depending on the court system to decide conflicts fairly and impartially. Before they part, they smile at each other, appearing to have resolved their dispute.
References
Adler, R. S., Rosen, B., & Silverstein, E. M. (1998). Emotions in negotiation: How to manage fear and anger. Negotiation Journal, 14, 161-179.
Barry, B., Lewicki, R., & Saunders, D. (2015). Essentials of negotiation. McGraw-Hill Higher Education.
Budjac Corvette, B. A. (2007). Conflict Management. A Practical Guide to Developing Negotiation Strategies. Upper Saddle River^ eNJ NJ: Pearson Education, Inc.
Craver, C. B. (2021, September 1). Collective Bargaining Union negotiation. Negotiation Experts. Retrieved March 25, 2023, from https://www.negotiations.com/articles/collective-bargaining/
Doueiri, Z. (Director) (2017). The Insult [Film]. Ezekiel Films, Tessalit Productions, Rouge International
Lax, D., & Sebenius, J. (1992). The manager as negotiator: The negotiator’s dilemma: Creating and claiming value. Dispute resolution, pp. 2, 49–62. https://www.beyondintractability.org/artsum/lax-themanager
Peterson, E. (1998). The Mind and Heart of the Negotiator. Leigh Thompson. BUSINESS AND THE CONTEMPORARY WORLD, pp. 10, 543–546.