Difficult Negotiation Going Nowhere? Consider an Apology

Adapted from “Stuck on the road to nowhere? Consider an apology,” first published in the August 2011 issue of Negotiation.

If you’ve ever offended a fellow negotiator with words or actions, you know how hard it can be to make amends.

In past issues of Negotiation Briefings (February 2009, June 2010), we have described how effective a simple apology can be in bringing parties back together and restoring trust.

Research by Tulane University Law School professor Elizabeth A. Nowicki suggests that apologies can increase the odds of settlement, reduce the cost of a dispute, and repair relationships.

As an illustration of the power of apologies, consider what happened in 2010 when former Florida governor Charlie Crist’s Senate campaign used the band Talking Heads’ song “Road to Nowhere” in an online video ad without permission.

The band’s former frontman, David Byrne, slapped Crist with a $1 million lawsuit.

The two sides reached a settlement before the case went to trial.

The financial terms were not disclosed, but one aspect of the deal was designed for public consumption.

Crist posted a video on YouTube in which he delivered a personal apology to Byrne for using the song without permission.

In the video, Crist says, “The use of David Byrne’s song and his voice in my campaign advertisement without his permission was wrong and should not have occurred.”

While negotiating the deal in Tampa, Crist and Byrne were spotted hanging out like “old friends,” according to the Miami Herald. “He’s a wonderful guy,” Crist told the Herald, speaking of Byrne. “We had a good interaction …and a nice settlement.”

Though we don’t know for sure, it is possible Byrne’s novel request for a public apology lessened his financial demands on Crist during settlement talks.

Byrne released a statement saying that he felt “very manly” after challenging the unauthorized use of copyrighted material, which he hoped to make “a less common option or, better yet, an option that is never taken in the future.”

Source: Program on Negotiation – Harvard Law School