cips level 4 effective negotiation

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Effective Negotiation Effective Negotiation Session 1 Negotiating in Different Settings Understanding the Supplier Organisation

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Page 1: CIPS Level 4 Effective Negotiation

Effective Negotiation

Effective Negotiation

Session 1Negotiating in Different

SettingsUnderstanding the Supplier

Organisation

Page 2: CIPS Level 4 Effective Negotiation

Effective Negotiation

Learning OutcomesAt the end of this session candidates will be able to: Define the term ‘negotiation’ Describe the different phases of negotiation in order

to the identify the range of preparatory activities Identify and describe the collaborative and

distributive approaches to negotiating in business in order to understand different negotiation settings

Compare and contrast the collaborative and distributive approaches to negotiation so as to assess the types of variables to be used in a negotiation

Identify the factors that influence the approach taken in negotiations in order to understand the supply context

Review the purchasing context for negotiations in order to understand the supplier organisation

Identify the range of supplier information required to underpin a negotiation

Apply a Porter's 5 Forces framework to a market to enable evaluation of the competitive environment

Page 3: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Situations

To discuss with a view to mutual settlement (Collins English Dictionary)

Two or more parties Conflict of interest Willingness to negotiate Need to seek agreement Better outcome through influence and

persuasion Parties seeking to satisfy tangible and

intangible outcomes

Page 4: CIPS Level 4 Effective Negotiation

Effective Negotiation

Phases of Negotiation(Diagram from workbook by Tracey G Harwood)

Phase 1 Preparation

Phase 2 Relationship

Building

Phase 3 Information Gathering

Phase 5 Bidding

Phase 7 Implementing

the Deal

Phase 6 Closing the

Deal

Phase 4 Information

Using

Source: derived from Greenhalgh (in Lewicki et al, 2003)

Page 5: CIPS Level 4 Effective Negotiation

Effective Negotiation

Collaborative Approach

Agreement is reached by:

Expanding the pie Logrolling Non-specific compensation Bridging Cost cutting

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Effective Negotiation

Distributive Approach

Agreement is reached by:

One side winning and the other losing

Head-to-head adversarial approach

Competitive and inflexible negotiation

Characterised by conflict and disagreement

Page 7: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Outcomes

Both are Buyer loseswinners Seller wins

Seller loses Both partiesBuyer wins lose

WIN LOSE

WIN

LOSE

BUYER (OR EMPLOYEE)

SELLER

(O

R M

AN

AG

ER

)

Page 8: CIPS Level 4 Effective Negotiation

Effective Negotiation

NEGOTIATIONS

Essential skills and qualities include: Questioning and listening Observation Assertiveness Influencing Persuading Patience Sense of humour!

Page 9: CIPS Level 4 Effective Negotiation

Effective Negotiation

Drivers for Change in Purchasing

Technological advances Quality and customer focus Globalisation Insourcing and outsourcing Strategic cost management Supplier relationship

development and network management

Value chain and added value focus

Page 10: CIPS Level 4 Effective Negotiation

Effective Negotiation

Impact on Negotiation

Fluctuating prices Time preferences Dynamics in exchanges Relative interests of each party Risk aversion factors Bargaining power Constraints of macro-environment

and organisational policies and procedures

Page 11: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation

Pre-contract

Contract agreement

Contractual and relationship review

Page 12: CIPS Level 4 Effective Negotiation

Effective Negotiation

Porter’s 5 Forces(Michael Porter, 1985)

Rivalry among existing

competitors

Bargaining power of suppliers

Threat of substitute products or services

Threat of new entrant

s

Bargaining power of buyers

Page 13: CIPS Level 4 Effective Negotiation

Effective Negotiation

PESTLE

Political Economic Socio-cultural Technological Legislative and Regulatory Environmental and

ecological

Page 14: CIPS Level 4 Effective Negotiation

Effective Negotiation

Effective Negotiation

Session 2Preparing for a NegotiationApplying Financial Tools to

a Negotiation

Page 15: CIPS Level 4 Effective Negotiation

Effective Negotiation

Learning OutcomesAt the end of this session candidates will beable to:

Undertake risk assessment to prepare for negotiations

Produce a SWOT analysis for a negotiation Assess legal information and its implications for

negotiations Evaluate and analyse supplier tenders Identify and calculate elements of fixed and

variable costs to prepare for a negotiation Examine different perspectives on fixed and

variable costs Define and undertake a break-even analysis using

marginal costing

Page 16: CIPS Level 4 Effective Negotiation

Effective Negotiation

Purchasing Situations (Diagram from workbook by Tracey G Harwood)

Leverage products

Bottleneck products

Strategic products

Routine products

LOW

LOW

HIGH

HIGH

Supply risk

Purchasing’simpact on financial result

Source: Kraljic (1982)

Page 17: CIPS Level 4 Effective Negotiation

Effective Negotiation

Risk Assessment(Drummond and Ensor 2003)

Routine products – low risk

Procedural problem products – adoption risks

Performance problem products – needs and compatibility risks

Political problem products – ‘ownership’ risk

Page 18: CIPS Level 4 Effective Negotiation

Effective Negotiation

SWOT

Strengths (internal)

Weaknesses (internal)

Opportunities (external)

Threats (external)

How should a SWOT analysis be used to assist negotiation?

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Effective Negotiation

Legal Terms

Express terms

Implied terms

Statutory terms

Illegal terms

Page 20: CIPS Level 4 Effective Negotiation

Effective Negotiation

Legal Framework

Sale of Goods Act 1979 Supply of Goods and Services

Act 1982 Data protection Act 1998 Fair Trading Act 1973 Competition Act 1980 Unfair Contract Terms Act 1977 Limitation Act 1980

Page 21: CIPS Level 4 Effective Negotiation

Effective Negotiation

Supplier Tender Evaluation

All suppliers must be treated equally Set clear commercial, technical and financial

criteria for evaluation Evaluate fairly against commercial

compliance Evaluate fairly against ability to meet

specifications on a technical basis Evaluate fairly on the basis of costs Analyse all tenders against objective criteria

The DTI provide guidelines for suppliers and purchasers regarding preparing and analysing

tenders

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Effective Negotiation

Post-tender Negotiation (PTN)

PTN allows flexibility in the tender process andis used when further evaluation may benecessary:

For orders over £100K Unclear specifications Limited differentiation Longer-term supply Prices in conflict with market Suspected collusion

Lysons 2000

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Effective Negotiation

Costs

Fixed costs – do not vary with output (rent, rates)

Variable costs – vary with output (materials)

Total costs – sum of costs

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Effective Negotiation

Costs

OUTPUT

COSTSTotal costs

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Effective Negotiation

Semi-variable CostsSemi-variable costs include a fixed and avariable portion, such as telephone, whichincludes a ‘standing charge’ and a variable costfactor which increases with increased use

Use the following formula to identify the twocomponents:

Difference in costs at two production levels

Difference in production volume

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Effective Negotiation

Example

Calculate the fixed and the variablecost components of power(electricity) for the following:

Making 500 units total cost of power = £6000

Making 1500 units total cost of power= £8000

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Effective Negotiation

Pricing Methods

Full-cost pricing

Contribution pricing

Mark-up pricing

Why is it important for purchasing

negotiators to understand howprices have been calculated?

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Effective Negotiation

‘Open Book’ Costing

Advantages:

Openness reduces conflict Greater reliance on negotiating

skills Focus on value for both parties Potential to further develop

relationship

What disadvantages might there be?

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Effective Negotiation

Breakeven Point

OUTPUT

COSTSTotal costs

Sales revenue

Break even point

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Effective Negotiation

Formulae

Sales revenue – variable costs = contribution

Contribution – costs = profit (or loss)

Break even = fixed cost contribution

When is marginal costing used in yourorganisation in a purchasing context?

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Effective Negotiation

Effective Negotiation

Session 3Analysing Financial

ContributionUnderstanding the

Financial Context ofNegotiations

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Effective Negotiation

Learning OutcomesAt the end of this session candidates will beable to:

Identify total costs and its constituents Differentiate between capital goods,

consumables and materials and their value to and impact on the business and its operations

Identify and calculate the components of typical costing models

Apply the concept of supply and demand on costs and pricing in an organisation

Identify techniques for financial benchmarking

Analyse the potential for economies of scale in a negotiation

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Effective Negotiation

Costs

Direct costs – directly link to a specific product or service such as material, labour and expenses (prime costs)

Indirect costs – cannot be directly related to a specific product or service

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Effective Negotiation

Costs in Manufacturing (Diagram from workbook by Tracey G Harwood)

direct materials

direct labour

direct expenses

prime cost

manufactr’goverheads

production costs

admin, sales & distribtnoverheads

TOTAL COSTS

+ +

+

+

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Effective Negotiation

Overheads Production

Sales and distribution

Administration

When is absorption costing used inyour organisation in a purchasingcontext?

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Effective Negotiation

Services

Why is costing services different to costing the making of a product?

How are services costed in your organisation – or one you know well?

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Effective Negotiation

Suppliers Perspective

The strategy used for costing andproviding prices by suppliersdepends on what they want to achieve:

Increased volume Improved profitability (ROI) Competitive parity

Why is it important to understand thesupplier’s motives in a negotiation?

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Effective Negotiation

Transfer Costs(Lambin 2000)

Incorporating the new product into organisation’s production or operations

Setting up new purchasing arrangements

Additional equipment

Training or other support

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Effective Negotiation

Goods and Services (Van Weele 2000)

Raw materials Supplementary materials Semi-manufactured products Components Finished products Capital equipment Maintenance, repair, operations

supply (MRO) Services

Purchasing add value to the organisation through cost effective and efficient negotiation

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Effective Negotiation

Just in Time (JIT) Reduces stock handling and

storage costs Reduces risk of obsolescence and

therefore reduces waste Reduced stock holding costs Lower investment required

Reduces overall costs if product quality improves

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Effective Negotiation

Value Chain (Diagram from workbook by Tracey G Harwood)

Customer service

Sales, marketing & distribution

Production Research & Development

Purchasing contribution to organisational functions

Original idea Porter 1985, from Horngreen et al 2005

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Effective Negotiation

Typical Cost Model (Diagram from workbook by Tracey G Harwood)

price to purchaser (sales price)

Profit

Overhead

Indirect marketing

Indirect manufacturing

Direct marketing cost

Direct labour cost

Direct materials costBased on Lambin 2000

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Effective Negotiation

Cost-based Pricing Minimum price (‘Floor price’) Break-even price Mark-up price

Mark-up price = Break-even price/(1 – desired Mark-up)

Target price

Target price = Direct Cost + (Fixed Cost/Expected Sales Volume + Expected Rate of Return on Capital Invested/ Cost/Expected Sales Volume

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Effective Negotiation

Circular Logic of Pricing

(Diagram from workbook by Tracey G Harwood)

What price?

For how many?

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Effective Negotiation

Price elasticity of Demand

price

quantity

p2

p1

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Effective Negotiation

Price Inelasticity of Demand

price

quantity

p2

p1

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Effective Negotiation

Price Elasticity of Demand

Can be calculated from: Expert judgement Customer surveys Econometric studies (Market data and studies) Experimenting with price!

Price elasticity = % change in quantity demanded % change in price

Why is it useful to understand priceelasticities when preparing for negotiation?

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Effective Negotiation

Financial Benchmarking

Performance ratios

Financial status ratios

Investor ratios

Why is it important to identifystrengths and weaknesses of suppliers when preparing fornegotiation?

Page 49: CIPS Level 4 Effective Negotiation

Effective Negotiation

Experience Curve (Diagram from workbook by Tracey G Harwood)

£ price

volume

Cumulative experience

Unit cost

Page 50: CIPS Level 4 Effective Negotiation

Effective Negotiation

Effective Negotiation

Session 4The Negotiation ProcessResourcing Negotiation

Stages

Page 51: CIPS Level 4 Effective Negotiation

Effective Negotiation

Learning OutcomesAt the end of this session candidates will beable to:

Develop a negotiation strategy Identify alternatives to negotiation Set targets and compose ranges for

negotiation variables Establish the bargaining position Identify and describe typical negotiation

tasks Demonstrate an understanding of the key

stages of a negotiation Identify resources for the negotiation stages Evaluate the role of resources for managing

a negotiation

Page 52: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Goals(Lewicki et al 2003)

Goals of both parties must be linked to create a base for negotiation

Boundaries must be set by both parties

Goals must be measurable so achievement can be identified

Page 53: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Strategies

Collaborative

Competitive

Accomodative

Page 54: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Strategies (Diagram from workbook by Tracey G Harwood)

organisational environment and market situation

negotiation strategy

negotiation goals

(objectives)

Purchasing organisation

Interests and positions Strengths and weaknesses

Supplying organisation

Interests and positions Strengths and weaknesses

Page 55: CIPS Level 4 Effective Negotiation

Effective Negotiation

BATNA(Fisher and Ury 1991)

BATNA = Best alternative to a negotiated agreement

When preparing to negotiate there is always the alternative not to negotiate

BATNAs are an important negotiating tool and can be used to set and clarify ‘the bottom line’

What might be the limitations of a BATNA?

Page 56: CIPS Level 4 Effective Negotiation

Effective Negotiation

Zones of Agreement (Diagram from workbook by Tracey G Harwood)

Purchaser’s zone of agreement

Supplier’s zone of agreementworst

(lowest price)

worst (highest price)

best (lowest price)

best (highest price)

range of agreement

Supplier’s target

Purchaser’s target

Page 57: CIPS Level 4 Effective Negotiation

Effective Negotiation

Influences on Negotiations

Skills and knowledge of negotiators ‘Bottom line’ requirements Negotiating styles Level of authority Stage of relationship Results of analysis of performance

and reputation Negotiation history Norms of behaviour/cultural

differences

Page 58: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Interests(Lax and Sebenius 1986)

Substantive – resource related

Process – personal motivation

Relational – how much each wants to pursue and develop the relationship

Principles – related to issues of fairness

Page 59: CIPS Level 4 Effective Negotiation

Effective Negotiation

Collaborative or Integrative Approach

Agreement is reached by:

Parties sharing information

Maximising joint outcome – win/win

Trust and openness – focus on the longer term prospects of working together

Page 60: CIPS Level 4 Effective Negotiation

Effective Negotiation

Integrative Meeting (Diagram from workbook by Tracey G Harwood)

identify and define the problem

understand the problem

generate alternative solutions

evaluate alternatives

agree the outcome

Step 1 Step 5Step 4Step 3Step 2

Based on Lewicki et al 2003

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Effective Negotiation

Distributive or Competitive Approach

Agreement is reached by:

One side winning and the other losing – maximising own outcome

Pursuit of own goals at the expense of the other side – focus in on a short-term relationship

Characterised by conflict and disagreement

Page 62: CIPS Level 4 Effective Negotiation

Effective Negotiation

Distributive Meeting (Diagram from workbook by Tracey G Harwood)

opening offer

opening stance

bargaining final offer agree the outcome

Step 1 Step 5Step 4Step 3Step 2

Based on Lewicki et al 2003

Page 63: CIPS Level 4 Effective Negotiation

Effective Negotiation

Protocol for Negotiation(Lewicki et al 2003)

Agenda - can be prepared in advance

Location – home ground preferred Duration – including ‘time outs’ Parties’ involvement – clear roles

and responsibilities Consequences of failure – dealing

with deadlock Keeping track – note taking

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Effective Negotiation

Resources

Men (including women!)

Money (expenses of meeting, pre-meeting, etc.)

Minutes (time) – team briefings pre-meetings with other party

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Effective Negotiation

Factors Impacting on Meeting Climate

Balance of power Culture and reputation Expectations Size of the deal and significance of

outcome Timing Location and environment Team dynamics Relational or ‘one-off’ situation

Page 66: CIPS Level 4 Effective Negotiation

Effective Negotiation

Effective Negotiation

Session 5Persuasive TechniquesTactics for Negotiation

Page 67: CIPS Level 4 Effective Negotiation

Effective Negotiation

Learning OutcomesAt the end of this session candidates will be able to:

Describe how power influences negotiations and examine the sources of power in negotiations

Describe different techniques for persuading in negotiations

Develop strategies for dealing with entrenchment and intractability (turning 'no' into 'yes')

Introduce the concept of Game Theory Compare and contrast the tactical tasks undertaken

for collaborative and distributive negotiation situations

Identify typical positions taken during collaborative and distributive negotiation styles

Assess methods for gaining commitment and closing a deal

Evaluate ethical and unethical behaviour in negotiations

Page 68: CIPS Level 4 Effective Negotiation

Effective Negotiation

Power Bases

Information Expert Resource control Legitimate (authority) Personal (referent)

Power is a source of leverage Imbalance leads to an opportunity

to coerce or manipulate

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Effective Negotiation

Power Bases(Lewicki et al 1997)

Negotiators can gain power from any

social variable in the situation,including:

Cultural differences Ideologies and beliefs Institutional norms Relationships Language and semantics

Page 70: CIPS Level 4 Effective Negotiation

Effective Negotiation

Communication Model

Sender Message Receiver

Encode Decode

Feedback Loop

NOISE

Page 71: CIPS Level 4 Effective Negotiation

Effective Negotiation

Effective Negotiators

Plan content to ensure it is clear and attractive to the other party

Plan structure – to avoid information overload and set out key points in a logical manner

Use styles – that are persuasive and engaging

Page 72: CIPS Level 4 Effective Negotiation

Effective Negotiation

Effective Negotiators

Use credible and valid sources of information

Use open and confident body language

Put expression into their voices to emphasise important points and underpin confidence

Control eye contact and develop rapport so they pace and then lead

Page 73: CIPS Level 4 Effective Negotiation

Effective Negotiation

Understanding Credibility

People who have influence over you:

Share the same values/beliefs Hold your trust Have ‘always been there’ for you Are reliable Are knowledgeable

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Effective Negotiation

Effective Influencing

Factors to consider when choosing

your approach:

Knowledge of the other party

Required outcome(s)

Skill in using different tactics

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Effective Negotiation

Influencing Styles and Tactics

Using expert knowledge Applying logic and reason Selling the benefits Personal appeal! Coalition Manoeuvring Coercing

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Effective Negotiation

Conflict

Interpersonal Intrapersonal Intergroup Intragroup Interorganisational

Can be positive! May be difficult to manage! When does it cause deadlock?

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Effective Negotiation

Benefits to conflict:

Discussion leads to greater awareness of problems which

may enhance problem solving. This might include introducing different

solutions to problems.

Conflict challenges current practice, potentially highlighting

poor practice.

Withstanding conflict tests and then builds relationships among colleagues. It also might define

power relationships more clearly

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Effective Negotiation

Benefits to conflict 2

Promotes self-awareness and awareness of others and focuses attention on individual

ideas.

Enhances personal, psychological development, as well as bringing emotions out into the open, as ways are sought to overcome conflict style and preferences.

Can be stimulating and fun; adds to the ‘spice of life’.

It can encourage creativity and the testing of ideas

Provides opportunities for the release of hostile feelings that might otherwise be

repressed.

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Effective Negotiation

Negative aspects of conflict

Matters of ethics or principles are involved

The issues are big, or have considerable consequences

The outcome is zero-sum – (‘win/lose’)

Transactions do not lead to a relationship, and have no

historical context Leadership is weak

There is no competent and neutral third party who can step in to help

Power is unbalanced.

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Effective Negotiation

Effects of negative conflict

Matters of ethics or principles are involved

The issues are big, or have considerable consequences

The outcome is zero-sum – (‘win/lose’)

Transactions do not lead to a relationship, and have no

historical context Leadership is weak

There is no competent and neutral third party who can step in to help

Power is unbalanced.

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Effective Negotiation

Conflict Resolution

Challenge perceptions and seek the facts

Adopt a problem solving approach, not a competitive one

Deal with emotional issues calmly Focus on the future – what each

party wants to achieve

Deal with emotions and behaviours

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Effective Negotiation

Conflict Resolution Strategies

Encourage both parties: To take time out to calm down To see what the problem looks like

from the other side Manage the substantives including the

salami technique Focus on common ground before

moving into areas of profound disagreement

Highlight positives and attractiveness of offers

Page 83: CIPS Level 4 Effective Negotiation

Effective Negotiation

Game Theory Games may be cooperative or

non-cooperative Non-cooperative games where one

player’s gain is equal to the other’s loss is called zero-sum – characterised by a lack of trust

Cooperative games lead to a non-zero-sum solution as each player presumes agreement to maximise gains for both

How does Game Theory assist in negotiation?

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Effective Negotiation

Negotiation Tactics

Distributive meetings:

Find out the other party’s resistance points

Managing others’ perceptions of you

Controlling others’ impressions of your position

Exaggerate your ‘fear of failure’ May play good cop/bad cop

Page 85: CIPS Level 4 Effective Negotiation

Effective Negotiation

Negotiation Tactics

Collaborative meetings:

Focus on meeting needs and common interests

Build on common ground to develop positive relationship

Exchange information and ideas Create environment for mutual

gain Be objective and logical not

judgemental

Page 86: CIPS Level 4 Effective Negotiation

Effective Negotiation

Bundling versus Sequential Agreements

price

quality

volumedeliveryBundle of

issues dealt with together

volume

price

delivery

quality

Issues dealt with sequentially

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Effective Negotiation

Effective Negotiation

Session 6Finalising the NegotiationEffective Communication

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Effective Negotiation

Learning OutcomesAt the end of this session candidates will be able to:

Explain the importance of ratifying a negotiation Identify and discuss components of a negotiation

evaluation Discuss how implementing the negotiation

influences future negotiations with the same supplier and other suppliers

Review legal implications of negotiation outcomes Appraise what is meant by effective communication

in negotiations, including how to improve communication during negotiations

Distinguish between different verbal and non-verbal (body language) communication techniques

Assess the range of potential communication difficulties experienced in negotiations

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Effective Negotiation

Ratifying Negotiations

Process of confirming, approving and endorsing agreements made so it can proceed to implementation

Used in international situations when there are a number of interested parties

Used by organisations when there are negotiations between internal departments or functions

What are the issues that might hinder ratification?

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Effective Negotiation

Ratifying Negotiations

Formal Agreements are ‘signed off’

All information has been discussed so there should be no factors hindering implementation

Informal Often used by internal negotiators

PSS is a good idea to prevent lack of progress following agreement

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Effective Negotiation

Evaluating Negotiations

Evaluation should include all seven phases of the negotiation

Evaluation should consider all aims and objectives to determine how effectively they were achieved

Failure could have been due to factors out of the negotiators’ control, so evaluations should be done to inform the future not to apportion blame

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Effective Negotiation

Planning Evaluation (Diagram from workbook by Tracey G Harwood)

Negotiation Setting (Study Session 1)

Distributive Integrative

Understanding the supplier organisation (Study Session 2)

Preparation (Study Session 3)

Financial analysis (Study Sessions 4-6)

Negotiation process (Study Session 7)

Resourcing Negotiation Stages (Study Session 8)

Persuasive Techniques (Study Session 9)

Tactics for negotiation (Study Session 10)

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Effective Negotiation

Post-negotiation Phase

Evaluate outcome achieved against aims and objectives

Review outcome achieved Analyse individual and team

performance Compose a ‘lessons learnt’

document to inform the future Enable authorised others to access

the results of your evaluation for their own purposes

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Effective Negotiation

Drivers of Relational Negotiation

Retention of suppliers Reduction in costs related to

inducting and liaising with new suppliers

JIT requires knowledge and commitment from both parties

Move towards high value and specialist transactions

Outsourcing becoming a norm for many organisations

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Effective Negotiation

Relationship Development Model

(Diagram from workbook by Tracey G Harwood)

Stage of relationship

Lev

el o

f co

mp

lexi

ty

Pre-KAM

Early KAM

Partnership KAM

Synergistic KAM

Time

Based on Dwyer et al 1987

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Effective Negotiation

Additional Responsibilities

Ethical responsibilities

Legal responsibilities

Economic responsibilities

Discretionary responsibilities

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Effective Negotiation

Negotiating a Contract

When negotiating a contract therewill be:

Issues or preferences that are important for the supplier (no penalties for late delivery)

Issues or preferences that are important to for purchaser (ownership of goods ASAP)

Terms will therefore vary from contract tocontract according to the outcome ofnegotiations

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Effective Negotiation

Terms and Conditions

Express Implied Statutory Unlawful

Exclusion or limitation clauses Retention of title clauses Penalty clauses

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Effective Negotiation

Core Clauses

Terms of payment Time of the essence Confidentiality and data protection Insolvency and bankruptcy Force majeure Dispute resolution Termination for breach

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Effective Negotiation

Compliance

Compliance with legal requirementsis the responsibility of the

negotiatorand must cover :

Pre-negotiation During the negotiation Post-negotiation

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Effective Negotiation

Communication in Negotiation(Lewicki et al 2003)

Offers and counteroffers

Information about alternatives

Information about outcomes

Social justifications

Information about processes

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Effective Negotiation

Negotiation Phases (Diagram from workbook by Tracey G Harwood)

1

2

3

4

5

6

7

8

9

10

11

N

T0

Tend

DISTRIBUTIVE

1. Establishing the climate

2. Exchanging information

3. Bargaining

4. Concluding the deal (Summarising)

INTEGRATIVE

1. Establishing the climate

2. Exchanging information

3. Bargaining

4. Concluding the deal (Summarising)

TIME

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Effective Negotiation

Communication Techniques

Open questions to gain information Leading questions to anticipate answers Unemotive or cool questions Planned questions Window questions to gain insight Directive questions to get specific

information Gauging questions to test reaction

What techniques have you found useful?

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Effective Negotiation

Difficult Situations

Loaded questions to put ‘on the spot’’ Coercive questions Manipulative questions Trick questions and reflective trick

questions Heated or emotional questions

What difficult situations have you had to deal with?

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Effective Negotiation

Non-verbal Behaviour

Voice tone, volume, inflection, pace

Eye contact Facial expression Gestures, posture Muscle tension Proximity

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Effective Negotiation

Cultural Differences

Language and interpretation Gestures and personal space Personal prejudices Types of shortcuts (decision

heuristics) Balance of verbal and non-verbal

to give clarity Colloquial or regional variations in

language and phrasing

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Barriers to Communication

Stereotyping Psychological pressures Selective perception Projection Making assumptions due to limited

experience of other party (halo effect)

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Framing and Reframing

Framing is about the views held that parties use to make sense of what is happening or substantives

Reframing is about changing perspectives to look at a situation from another point of view

How have you seen reframing used to assist agreement?

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Cognitive Biases

Irrational escalation of commitment Anchoring and adjustments Emotional fixed pie Winner’s curse Over confidence Small samples Self-serving bias Endowment effect Reactive devaluation Ignoring the other party’s cognition

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Effective Negotiation

Session 7Understanding Negotiation

BehaviourCharacteristics of

Successful Negotiators

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Learning OutcomesAt the end of this session candidates will beable to:

Define what is meant by ‘negotiation behaviour’

Describe the nature of conflict in negotiations and explore techniques for managing conflict

Compare and contrast different negotiation behavioural styles

Describe the characteristics of successful negotiators

Identify how negotiation competencies can be developed

Explore the role of teams in negotiations

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Negotiation Behaviour Setting the scene behaviours Specifying behaviours Social behaviours Initiating behaviours Reacting behaviours Clarifying behaviours

How do you think the above behaviours change as the relationship between the two parties develops longer term?

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Negative Conflict Arises when both parties have

different views about an important aspect of the negotiation such as price and adopt a competitive approach to resolution

Parties begin to deliberately misunderstand each other

Emotions and the conflict may escalate if the meeting does not adopt a problem solving approach

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Conflict Management(Lewicki et al 2003)

Integrating (problem solving/collaborative)

Obliging (accommodating/yielding)

Dominating (competing/contending)

Avoiding (inaction)

Compromising (halfway house)

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Facilitation (Diagram from workbook by Tracey G Harwood)

DECISIONS MADE BY

NEGOTIATORS

Conflict avoidance

Discussion and problem-solving

Informal negotiation

Mediation

DECISIONS MADE BY APPOINTED THIRD PARTIES

Administration and arbitration

DECISIONS MADE BY LEGAL ENTITIES

Increasingly win-lose outcomes likely

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‘Breakthrough’ Approach(Ury 1991)

In situations of conflict escalation:

Do not react – wait and compose yourself Listen actively to the other side to gain

all the facts Reframe to take a positive perspective Involve the other side in seeking a

solution (facilitating a ‘yes’ response) Make ‘no’ a difficult option for them by

stating the benefits of agreement and letting them know you have a good BATNA)

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Personality Traits(after Carl Jung)

Senser - logical, realistic, systematic and action oriented

Intuiter – bigger picture thinker, innovative but unrealistic

Thinker – analytical, objective, cautious and rational

Feeler – sensitive to others, relies on personal values, subjective

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Negotiator Styles(Shapiro et al 2001)

Extrovert – outgoing, impulsive

Pragmatist – focused, takes charge

Analyst – logical, process driven

Amiable – open, friendly

How would you respond to each style in negotiation?

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Fairness(Albin 2001)

Structural fairness

Process fairness

Procedural fairness

Outcome fairness

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Effective Negotiators

Consider negotiations you have beeninvolved in or know about, what arethe characteristics of a skilled negotiator:

Pre-negotiation? During negotiation? Post-negotiation?

What are your main development needs?

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Negotiation Competencies

Cognitive ability

Emotional intelligence

Ability to view all perspectives

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Learning from Experience(Kolb’s Learning Cycle)

Concrete experience (negotiation)

Experimentation Reflection

Analysis and Conclusions

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Benefits of Teams

Enhanced performance – range of skills and experience

More effective problem solving Better quality outcome Achieve better relationships Improved commitment due to

increased participation

What disadvantages might there be?

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Cohesiveness of Teams

Size of membership and stability Shared outcome and approach Common understanding of roles and

responsibilities Mutual accountability History of success Attractiveness of group Parity of rewards

Why is this important in negotiation?

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Team Roles

Leader Chair/Coordinator/Facilitator Summariser Specialist/Expert Observer

Which role or roles do you tend to play in team negotiations?

How should the responsibilities for actions be shared before and during the negotiation?

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Effective Negotiation

Session 8Developing Questioning

SkillsCultural Dimensions in

Negotiations

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Learning OutcomesAt the end of this session candidates will beable to:

Explain the role of effective questioning in negotiation

Link questions together to develop an environment of trust

Prepare for dealing with questioning from the other party

Discuss the nature of cultural differences and how this influences negotiations

Develop culturally aware negotiation strategies

Present a planning tool for preparing to negotiate with international parties

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Use of Questions

To gather information on views, substantive issues, proposals etc.

To clarify needs and seek ways to meet those needs (Huthwaite’s SPIN technique)

To test assumptions – hypothetical questions – and seek clarification - agreement

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Question Types

Open questions to gain information

Leading questions to anticipate answers

Unemotive or cool questions Planned questions Window questions to gain insight Directive questions to get specific

information Gauging questions to test reaction

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Difficult Situations

Use different approaches whensuspicious of what you have been told:

‘Call their bluff’ Accuse directly Prod, probe and provoke Use silence to force disclosure Reveal a truth to encourage them to

do the same

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Firm Flexibility(Pruitt 1995)

Concede a point Hold on to a position while seeking to

recompense the other party Hold on important issues but concede on

less important ones Hold on interests but find ingenious ways

to achieve them Hold on important issues but abandon

less important issues Hold on interests only if the other party’s

appear less important

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Tough Questions

How would you deal with:

Ultimatums? An impasse? Consistent indecision? Coercive tactics and manipulation? Unfavourable comparisons? Unrealistic deadlines? Highball or lowball tactics? Accusations of unfair play? Deliberate rudeness or sarcasm?

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Macro-environment

PESTEL is used to analyse the macro-environment:

Political Economic Socio-cultural Technological Ecological and environmental Legal and regulatory

Use this framework to identify the differences abuyer needs to consider when working acrossborders.

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International Purchasing

Reasons for sourcing internationallyinclude:

Lower cost Better availability or special

requirements can be met Better quality or innovation Lack of domestic suppliers International trade agreements

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International Negotiations

Issues for the negotiator to considerinclude:

Cultural aspects that may affect time and dates of meetings

Meeting and greeting customs Language and communication

difficulties Non-verbal gestures and behaviour

that might offend Proxemics – invading personal space Physical appearance

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Cross-cultural Negotiations(Hofstede 1991)

Power distance Individualism/Collectivism Masculinity/Femininity Uncertainty avoidance Confucian dynamism – limited

impact on negotiation

Which are you aware of or have observed when dealing with people of different cultures?

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Cross-cultural Negotiations

How do you think the first four‘Dimensions’ identified by Hofstede impacton negotiation:

Pre-negotiation During the meeting Post-negotiation

What factors should you consider when selecting a team to undertake international negotiations?

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Cross-cultural Negotiations

When preparing for cross-culturalworking consider:

Negotiation strategies Decision making process Level of authority and status

required in the team Pace of negotiation Administration and contractual

issues

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Session 9Telephone Negotiations

Internal Negotiations

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Learning OutcomesAt the end of this session candidates will beable to:

Identify the key differences in conducting telephone negotiations compared to face-to-face

Examine the difficulties that are encountered in telephone negotiations

Prepare a plan for conducting effective negotiations by telephone

Identify the key differences in conducting internal negotiations compared to external

Examine the difficulties that are encountered in internal negotiations

Prepare a plan for conducting effective internal negotiations

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Speech Structure(Mulholland)

Initial phases – establishes relationship and ‘sets the scene’

Middle phase – main negotiation to reach agreement

Close – summary and confirmation of actions to be taken (with deadlines)

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Summarising is used to …

Gain the initiative - if you feel that adiscussion is becoming too one-sided,gain the initiative by saying somethinglike,

“Can I check if I fully understand your points on this?”

You can then summarise and deal withthose points if you wish to.

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Summarising is used to …

Ensure understanding - summarising is agood way of making sure that everyonehas the same understanding of the pointsyou have discussed, the points you haveagreed and any not yet resolved

“I think we agree that …. “

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Summarising is used to ….

Steer the discussion - summarising can beused to get back to the point or to putdisagreements on hold while areas ofagreement are reached.

“We seem to agree on these points (listthem), can we hold (the area ofdisagreement) for the moment and lookat (some other points)?”

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Summarising is used to ….

Gain commitment - summarising is a goodway of getting agreement, and thuscommitment, at various stages innegotiations.

“Can we agree that we will …. (list points of agreement)” or “If we do (whatever), that will meet your needs on that issue.”

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Telephone Negotiation

More listening than talking Make notes rather than relying on

memory Signal indications – “I have two points to

make on that …” Summarise to show you have understood

speaker’s message Seek clarification verbally Use voice expressively and use pauses to

punctuate conversation Respond to feelings that are expressed Follow up conversations with a written

confirmation if necessary

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Telephone Negotiation

Do Listen without interrupting

Give verbal listening cues

Chunk new information so the listener can follow your points

Don’t Talk over the top of the speaker

Reflect back so they speaker knows you have understood

Give too much new information at once

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Telephone Negotiation

Prepare carefully so you won’t be put on the spot

Allow sufficient time Develop appropriate listening and

‘turn taking’ competencies Listen to the silences and any

undertones that conflict with the spoken work

Ensure clear telephone line and no barriers to communication

Listen for closing signals

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Listening Dynamics

Marginal – preoccupied, self-centred,

disinterested

Evaluative/Selective – jump onspeaker’s sentence, makeassumptions and compose responserather than listen to the end

Active – concentrate on speaker andgive encouragement and feedback

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Telephone Negotiation(Casebolt 1995)

Advantages include:

Easier to say ‘No’ because it is less personal

Can be quicker than face-to-face More direct – because less personal Easier to close Forces active listening

What are the disadvantages?

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Internal Negotiations

Internal alignment is needed for the success of external negotiations (Morse 2005)

Implementation suffers if there is no internal commitment

Risk of internal interference Teams work as a set of individuals Risk of negotiator being out on a

limb

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Internal Conflict

Set ground rules for behaviour and state purpose before negotiation

Provide an agenda to help everyone prepare effectively

Do not attempt to play one part of the organisation off against another

Deal with different ‘silos’ separately and stick to the facts

Deal with inappropriate behaviour immediately and use company procedures for unacceptable behaviour if you have to

Encourage positive belief in an outcome that will work for everyone

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Effective Negotiation

Session 10E-negotiations

Evaluating PersonalPerformance

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Learning OutcomesAt the end of this session candidates will beable to:

Identify the key differences in conducting e-negotiations compared to face-to-face

Examine the types of difficulties that are encountered in e-negotiations

Prepare a plan for conducting effective negotiations via the internet

Analyse outcome against objectives for a negotiation

Explore the impact of personal relationship development on negotiations between the parties

Evaluate the range of personal techniques from evaluation of performance

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eNegotiation

Factors which differentiate include:

No face-to-face contact Misinterpretation of written word Everything is recorded – audit trail Speed of response Access to new sources of supply Distance no barrier to response Electronic forms – storage issues

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e-Auctions

English auctions – the highest bidder wins Dutch auction – seller reduces price until

accepted by the buyer Sealed bid auction – highest bid wins Reverse auction - potential buyers

compete to bid the price up, suppliers bid the price down

Double-sided auction – many suppliers and many buyers bid against each other

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Advantages of e-auctions

Both parties do not need to need face-to-face

Connects buyers and sellers who would otherwise not find each other

Lots of information readily available

Bid histories available for those who continue long term

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Disadvantages of e-auctions

Need to be familiar with the technology

Typically price is a key issue not relationship building

Time online waiting for a decision on bids

Security, integrity and reliability issues for buyers and sellers

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E-negotiation Continuum (Diagram from workbook by Tracey G Harwood)

Simple ComplexNegotiations

Single issue Multiple issues

Online auctions Text-based technologies (email, chat,

videoconferencing)

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E-negotiation Media

Synchronous – electronic whiteboard application sharing, audio and video conferencing

Asynchronous – both parties are not present such as internet link

What media are you aware of? What are the advantages and

disadvantages of each?

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E-negotiation Behaviour

Some of the disadvantages of personal dislike and prejudice are avoided because there is not face-to-face contact

Difficult to build rapport unless there is a text-based component which can be used for personal exchanges

Most people find verbal communication easier than writing so there may be less information available

Tendency for some negotiators to be more aggressive when not face-to-face

Coordination of responses may not be as fluent as in a face-to-face exchange

Decision support tools for e-negotiation (E-ns) are being designed to speed up electronic exchanges and decisions

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Benefits of E-negotiation

Decisions based on more up-to-date data

Cost effective and quick identification and qualification of suppliers

Lower costs due to electronic data interchange

Reduced prices due to lower costs and higher efficiencies

Developing technology will continue to improve electronic exchanges

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Planning e-negotiation

What preparations do you need tomake to take part in an e-negotiation? Consider:

Before and during the negotiation How does this differ from a face-to-

face negotiation?

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Evaluating Performance (Diagram from workbook by Tracey G Harwood)

Negotiation X

Negotiation Y

evaluation

learning by doing

learning before doing

external knowledge Adapted from Maylor 2003

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Performance

Achievement of goals Financial variances Team work and processes Planning techniques and tools

used Monitor and control process Learning achieved

What other aspects of negotiation can be reviewed and evaluated?

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Evaluating Performance

Usually considers:

Goals Processes People performance

Evaluation should cover every phase of negotiation

Questions should be drafted to discover what went well, what did not go so well and why to inform the future

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Evaluating Relationships

Relationships develop through several stages from initial meeting to partnership and synergy

Relationships cannot be measured simply in terms of financial success

Factors that both sides value include trust and openness

Evaluation should include both parties working together to review how to build on the successes and further develop a closer working relationship

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Why Evaluate Performance?

To reflect on what went well and what needs to be improved

To draw conclusions from the reflections on what to do better in the future

To try out the learning in another similar situation which leads to another negotiation experience to evaluate

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Skills Evaluation (Diagram from workbook by Tracey G Harwood)

Focus on goalsTaking risks

Recognising company aimsAchieving required

outcomesManaging the task

Negotiation experience

Applying skillsManaging information Making use of existing

skillsDeveloping new skills

Evaluating own learning

CommunicationInternal ExternalSpoken Written

Decision-makingManaging timeManaging self

Managing others

Based on Bennett et al 2000

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Relational Conflict (Diagram from workbook by Tracey G Harwood)

purchaser

supplier

relational convergence

common ground (shared

negotiation goals)

goals that cannot be

pursued at the same time

goals that cannot be

pursued at the same time

supportable goals (conflict likely to be

limited)

Adapted from Rackam et al 1996