Negotiation and Mediation SkillsLSS 2003Module 7

Overview Defining Negotiation Skills Promoting Creative Responses Negotiation Questionnaire (How much

do you know?) Mapping Conflicts and Developing

Options Negotiation versus Mediation Broadening Perspectives

Creative Responses There are two people in a kitchen. There

is only one orange left and both of them want it. What would you expect as the solution?

Compromise is one option. They might cut it in half and each gets half.

Creative Responses Let’s assume that’s what they do. One

person now goes to the juicer and starts squeezing a rather too small glass of orange juice.

The other, with some difficulty, begins to grate the rind of the orange to flavor a cake.

A win/win approach involves: Going back to underlying needs Recognizing individual differences Adapting positions in light of shared

information and attitudes Attacking the problem, not the people

Creative Responses Problems or Challenges? Perfection versus Discovery? “Is this good enough? (Usually not!)

“Does this meet my impeccably high standards?

The discovery hat says: “How fascinating! What are the possibilities here?”

Negotiation Defined: Take a few minutes of

discussion/dialogue to arrive at a common understanding of the term “negotiation”

“Negotiation involves two or more parties with competing or conflicting interests or needs, working towards an agreement on how they will cooperate.”

(Tillett, 1991)

Negotiation Questionnaire Answer True or False to the following 1. Negotiating is concerned with winning

more points than the other side. 2. If the other party is a hard,

aggressive negotiator, then we must use the same tactics in self-defense.

3. If our organization is large, we should be prepared to use our power to influence the outcome.

Negotiation Questionnaire (2) 4. Negotiation is about concluding a

contract. 5. It is a sign of weakness to be slow

and cautious in reaching agreement. 6. People who are demanding and

uncompromising make the best negotiators.

7. There is nothing wrong with giving misleading information if it is going to help you get what you want from negotiations.

Negotiations Questionnaire (3) 8. It is dangerous to allow the other

party to know what you really want in a negotiation.

9. We have failed in a negotiation if we do not get exactly what we want.

10. There can only be one winner in any negotiation.

What does the questionnaire mean to you in your role? There are many styles of negotiation; one

is the hard or aggressive approach that states: “more for you means less for me.”

If you answered true for six or more of the statements, your adopted style is probably the “hard bargainer.”

The openly aggressive negotiator reveals tough behavior & doesn’t hide intentions.

Others are quietly aggressive and secure their objective surreptitiously.

Dealing with Tricky Negotiators—How do you respond to: Exaggerated Bluff “You can’t be

serious!!!” The Invisible Competition “Your

competitor quoted lower.” No-way Jose “It’s against our agency

policy.” Salami (a thin slice at a time) Deadline Dilemma (using delays and

deadlines)

Dealing with Tricky Negotiators—How do you respond to: Hot and Cold (Initial enthusiasm, sudden

cooling off) “Just one last thing.” Family Discounts “Look how much I’ve

done for you?” (presenting concessions as a personal favor)

“It’s none of my business but…” (complaints about your agency’s service or attitude)

Dealing with Tricky Negotiators—How do you respond to: “I don’t have the authority.” (need to

refer to the decision maker) All Change (new faces, predecessor had

“no authority”) Raising the Roof (each concession

followed by a raised demand) My Way or the Highway “And that’s my

final offer!” Over My Dead Body

-refusal/preconditions

Think of recent negotiations in which you have been involved: Grade from an assessment Negotiating a new salary Determining a major concentration Negotiating different roles and

responsibilities in class Arranging rides to/from school

Ask yourself the following: Why do we negotiate in these settings?

How is our style of negotiating different dependent on the situation?

What do you think a win/win approach to negotiation would involve?

A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.

In International Law, mediation is the friendly interference of one state in the controversies of nations. It is recognized

as a proper action to promote peace among nations.Source: http://legal-dictionary.thefreedictionary.com/mediation

Mediation

Mediation Strategies 1. Clarify (the facts, the players, the

positions, the issues) 2. Explore Options (developed by all the

players as they unfold the whole picture)

3. Move to the Positive (ask questions like: “What would it take to solve this problem?” “What is it that you want?” “What would make it better?” “What would make you willing?”

Mediation Strategies 4. Go Back to Legitimate Needs and

Concerns (ask: “What do you need?” “Why is it important to you?” “Tell me why that seems the best option to you?” “Are there alternatives that would also satisfy you?”)

5. Design options using clarifying tools, negotiating tools, and generating tools.

Broadening Perspectives Selection

Is it built on a win/win approach? Does it meet many needs of all parties? Is it feasible? Is it fair? Does it solve the problem? Can we settle on one option or do we

need to trial several?

Broadening Perspectives Implementation

Are there a number of steps involved? What are they? Who is responsible for each step? Is the responsibility shared fairly? What is the time frame? What is the review and evaluation

process?

Broadening Perspectives Agreements

Are there any other relevant issues that need to be addressed?

Do we need agreement displayed (e.g., by handshake, show of hands, or in writing)?