Kenny O’Donnell, portrayed by actor Kevin Costner, deals …show more content…
with a lot of conflict. As the personal advisor to the president, Kenny has a say in a majority of the major issues that affect the county. An example of mediation with Kenny is when he pulls John F. Kennedy aside and takes to him before his press conference about what he is going to say and what he believes should be said in the press conference. This is a form of mediation because he has heard all of the signs and possible outcomes and is just making sure that John does what he thinks is best. He also takes him aside so that they can find common ground on the issue and brainstorm the best possible solution and outcome or the BATNA of the situation. Mediation isn’t as common in this movie as negation and arbitration. Throughout Thirteen Days Kenny focuses more on using an integrative form of negotiation. A form of integrative negotiation from the movie is when Kenny is pulled aside by Jacqueline Kenny, portrayed by actress Stephanie Romanov, about the party guest list. When confronted about the part list Kenny and Jacqueline both discuss their sides of the issue and negotiate that there will still be a party and that she will attend but that her quests will also be invited to the party. This is an example of negotiation with Kenny. Although, it is ideal to negotiate through situations there are instances within the movie in which arbitration is the best option. Kenny deals with arbitration when he works with John F. Kennedy and Robert Kennedy to decide whether or not it is ok to trust Aleksandr Fomin, played by actor Boris Lee Krutonog, with passing on information to Khrushchev. Kenny here listens to both sides of the issue, one side stating that it is okay to trust Aleksandr and another side saying that it could all be a ploy. This can be confused with mediation but this specific type of arbitration is known as high-low arbitration. In high-low arbitration the mediator is given a range to decide between two choices and then decide on the final offer. This is demonstrated by the way Kenny listens to one side who believes Aleksandr can be trusted and then by listening to the other side who doesn’t believe Alexsandr can be trusted. Kenny takes both sides and decides that the best path of action, after some research, is to trust Alexsandr. This situation can also be looked at as sheer mediation as mentioned above. Kenny plays a large role in the conflict management throughout the movie however; the character that is in charge of everything is really John F. Kennedy.
John F. Kennedy portrayed by actor Bruce Greenwood, deals with the majority of the conflict because he is the President of the United States. In this position, Kennedy uses mediation, negotiation and arbitration. Since, arbitration is strongest with Kennedy I will start analyzing his arbitration in the movie. A major example of arbitration with Mr. Kennedy is when he commences with the blockade on Cuba. This is an example of a form of adjudication. Forms of adjudication can possibly harm relationships and in this particular case it harmed the relationship of the United States with other countries. In the sense of this arbitration the arbitrary process was completed as follows. First, Mr. Kennedy created an ad hoc contract that was drawn up stating that no militia supplies was to be taken into Cuba or the ship would be asked to turn around. If the ship refused to turn around then military action was permitted. Arbitration was already determined with he created the document and decided that a blockade was the best way to handle the situation. The panel for this arbitration would have been experts in the field on the topic of wars and international relationships. So instead of choosing a fully unbiased panel, Mr. Kennedy instead had a panel with expertise in the situation. Fourth, everyone began to prepare themselves as if they were going to an international court litigation setting. They gathered the proof the needed to prove that the Soviet Union was placing unauthorized missiles and other military supplies in Cuba. Next you have the hearing in which everyone learns of the blockade and the consequences for breaking the agreement as well as the date and time in which the blockade of Cuba will commence. Finally, the “arbitration award” occurs when the clock strikes 10 a.m. and the blockade goes into effect and the ships begin turning around or stopping before reaching Cuba. The arbitration award for this particular scenario doesn’t come immediately because there are ships that decide to sit there and attempt to wait the blockade out as well as a submarine that attempts to distract the American ship in order to allow its other two ships to sneak through. Although this was a drawn up contract and all parties were informed of the possible outcomes there is still a slight breach of contract when the submarine stunt is attempted. The contact and the known consequences made it so arbitration worked best in this scenario. The world knew what was happening and so any country that attempted to sneak past the blockade instantly had repercussions. Next, I will discuss negation with John F. Kennedy.
John F.
Kennedy deals with a lot of issues such as negotiating. One of the scenes that I enjoyed the most with negotiating was when the men decided to accept the first offer and pretend that the second offer was a mistake or that it never happened. I place this as negotiation because in this scene all of the men are brainstorming their ideas and ultimately they want an integrative form of negotiation. The men look at the interest of both countries, The United States wanting the missiles removed from Cuba and Cuba wanting the United States’ missiles removed from Turkey. With this they were anticipating the needs of the other party and learning more of their interests. Their main interest was to relieve the threat on the United States for a nuclear attack and that was by getting rid of the missiles. In this form of negotiation the men used an agent which would be the President of the United States. Ultimately the president has final say for the situation because he acts as a mediator between the United States and the Soviet Union because he wants to retain the relationship with the Soviets but he also needs to make sure that his country is safe and that the welfare of his citizens is of upmost importance. By using negotiation the president is retaining the relationship with the Soviet Union instead of jumping to adjudication and jeopardizing that full relationship. The third style that the president uses to resolve issues is mediation which will be summed up in the next
paragraph.
The president mediates when everyone is fighting over the possible outcomes of the situations and he just takes control by making it known that he will make the final decision. Although he doesn’t fully complete the mediations process, in this scenario he has taken it upon himself to be the final voice of reason for the situation. The president uses all three styles throughout the movie even if they aren’t intentional. The strongest style that the President used was arbitration. Next, I will analyze the usage of arbitration within the film.
In the movie Thirteen Days arbitration is quite prominent. Arbitration is found whenever a legal document is carried from one cast member to the next or whenever a law or sanction is created within the movie to ensure that all goes as stated. Although this form of arbitration can be confused for mediation, the fact that the document is bond by a legal document is what makes this arbitration. If the president did not have the power that he did, then he would simply be mediating or negotiating. But, the president is using a legal and fully binding agreement with a contract, typically expert through these scenes to enforce the rules and regulations.
An interesting scene that falls under negotiation is when Kenny calls the piolets and informs them that they have to lie if they are shot at and that they cannot get shot down. What is interesting about this scene is that Kenny is using power over the piolets as well as influence but he is still negotiating with them. Kenny goes through the possible repercussions of what will happen if the piolets don’t do as he says but he also offers them the idea of an internal reward by following the instructions. This leads into the next topic that we will be discussing of power. Kenny is using his power of negotiation to do what is best for the rest of the country.
One scene that I particularly enjoy is when Bobby and Kenny are in the car. I felt as if this scene really demonstrates how negotiation can work. Although Kenny and Bobby aren’t really talking at this time and the two are one two different pathways of understanding the two are able to negotiate the situation for the benefit of both of them. The two are able to look at their common ground of joining for a specific reason and they are able to see that although they have a dispute over the current situation they are one in the same. I enjoy this scene because it highly demonstrates the concept of separating the person from the behavior or the person from the situation. The two are able to look at each other in a different light after their negotiation because they understand the common ground and they are no longer in a hidden quarrel with each other. I say hidden because the argument they shared was not on full view for everyone because everyone had tension at this time; but, the two men acted with dignity. One must respect Kenny for getting into the vehicle and wanting to ride along with Bobby so that they could have a genuine discussion in such a busy time. This was a huge example in the movie of negotiation and one that helps the viewer’s understand what a common and everyday negotiation looks like.
Although there is a debate going on with the USSR the main form used between them and the United States is a combination of negotiation and arbitration. Although everything they do is through legal means and contracts are exchanged, not everything that is being exchanged is being released to the public, such as the movement of missiles in Turkey within six months. This is part of the contact but this is to be kept secret and out of public view. Most of the time when a person thinks of an arbitration case we think of publicity because during arbitration your information becomes that of the public but this was not seen in Thirteen Days which is why I would use this deal as a conjunction of negotiation and arbitration.
Throughout the movie Thirteen Days we are able to see examples of negotiation, arbitration, and mediation. Every character plays a major role in the determination of the steps that are taken but some characters play the role of the mediator or arbitrator. This movie demonstrates a great understanding of conflict management and the fundaments of dealing with issues. Without the proper steps of mediation and arbitration in this movie the plan wouldn’t have gone as it was supposed to. This movie shows how arbitration is sometimes the best option. This movie also demonstrates the value of effective communication and where communication can go wrong. Thirteen Days captures the basic values of mediation, arbitration and negotiation as well as key values of communication.