rd300 getting to yes

8/11/2019 RD300 Getting to YES

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Negotiation

A process of communicating back and

forth for the purpose of reaching a joint

decision when you and the other side

have some interests that are shared and

others that are opposed.

Hard versus soft negotiation styles.


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Positional Bargaining

Most common negotiation style adopted:

each side takes a position, argues for it and makes

concessions to reach a compromise.

Problems:

Locks people into their positions.

Ego becomes attached to your position.Focus on positions means less attention is paid to

the underlying concerns/issues of the parties.


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Positional Bargaining

Problems (cont.):

Start with extreme positions; try to hold ontothem; make only minor concessions to keepnegotiation alive.

This requires a lot of time and effort.

Becomes a contest of wills.

Can strain and even shatter relationships.

The more parties the more difficult.


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Soft

Parti cipants are fr iends.

Goal is agreement

Make concessions to maintainrelationship.

Be soft on the people and theproblem.

Trust others.

Change your position easi ly.

Make off ers.

Disclose your bottom l ine.

Accept one-sided losses toreach agreement.

The single answer: the one

they wil l accept. I nsist on agreement.

Try to avoid a contest of wil ls.

Yield to pressure.

Hard

Participant as adversaries.

The goal i s victory.

Demand concessions as acondition of relationship.

Be hard on the problemand the people.

Distrust others.

Dig in to your position.

Make threats.Mislead as to your bottom

line.

Demand one-sided gainsas the price of agreement.

The single answer: theone you wil l accept.

I nsist on your position.

Try to win a contest ofwills.

Apply pressure.


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Principled Negotiation

Characteristics:decide issues on their merits.

look for mutual gains.

where interests conflict, use fair standards toobtain a result.

can be used whether there is one issue orseveral.

two parties or many.useful in prescribed orimpromptu

negotiations


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Principled Negotiation4 Key Points

1. Separate the people from the problem.

2. Focus on interests, not positions.

3. Generate a variety of possibilities beforedeciding what to do. Invent options for mutual

gain.

4. Insist that the result be based on someobjective standard or criteria.


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Principled Negotiation

Three stages:

Analysis stage: diagnose the situation.

Planning stage: generate ideas and decide

strategy.

Discussion stage: communication back and

forth.


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Deal with People Problems

A negotiator wants to reach an agreementthat:

satisfies his/her substantive interests; and

preserves/fosters valued relationships.

Most negotiations take place in the contextof an ongoing relationship.

In some cases the ongoing relationship maybe more important than the outcome of any

particular negotiation (e.g. family).


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We tend to treat the people and the

problem as one in the same.

Egos become involved in substantive

positions.

People often draw unfounded inferences

from comments on substance.


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Deal with people problems directly;

dont try to solve them with substantiveconcessions.

Base the relationship on:accurate perceptions,

clear communication

appropriate emotionsa forward-looking outlook.


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Types of People Problems

(1) Perception -

both parties may agree as to the facts but

disagree on the preferred outcome.

we need to be able to see the situation as the

other side sees it.

understanding their point of view is not the

same as agreeing with it. You may however

modify your own views as a result.


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Dont

Even if blaming is justified, it is usuallycounterproductive.

Dont deduce their intentions from yourfears. Tendency to put the worstinterpretation on what the other sidesays or does.

Dont treat as unimportant thoseconcerns of the other side that youperceive as not standing in the way ofan agreement.


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Do

Discuss each others perceptions.

Look for opportunities to act

inconsistently with their preconceptions.

Involve the other side in the process of

reaching an outcome. Agreement is

much easier if both sides feel ownership

of the ideas/solutions.

Involve the other side(s) early.


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Allow all parties to save-face. A

potentially acceptable solution may berejected if a party is forced to lose face

in the process.

Face-saving reflects a persons need to

reconcile the stand he or she takes in a

negotiation or an agreement with their

principles and their past words and

deeds.


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Do

Make emotions explicit andacknowledge them as legitimate.Recognize theirs and yours.

Continue listening when the other sideis letting off steam.

Interact with the other side away fromthe bargaining table (e.g. dinner).

Make an apology if it is warranted.


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Do

Engage in active listening. Demonstratethat you have been listening - positive

paraphrasing. Understanding is notagreeing.

Think before you speak.

Dont

Blame the other side for the problem;name-call; or raise your voice.

Allow poor body language.


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Communication Issues

Confidentiality (the press, third parties,

constituents).

Size of group meetings.

Communication away from the table.

Ability of negotiator to make decisions on

behalf of their constituents.


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Relationships

Negotiations are about relationships.A working relationship can be very

beneficial - less chance for

miscommunication; more openness;more trust.

Hard to separate the relationship fromthe substantive problem.

Side-by-side joint problem solving.


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Focussing on Interests

Many impasses are due to our tendencyto think about our positions not our

interests.

Interests - each sides needs, desires,concerns and fears.

Our interests underpin our positions.


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Interests

In a negotiation the interests of therespective parties may be:

the same (i.e. shared);

different but compatible (e.g. Uglioranges); or

irreconcilable.

We often conclude too quickly that our

interests are irreconcilable.


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Examining each sides interests instead

of their positions can make solutionseasier to find.

For every interest there usually existseveral possible options that could

satisfy it.

Shared and compatible interests may lie

behind opposing positions.


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Differing but complimentary interestscan also form the basis for a mutually

acceptable agreement.

The interests underlying a persons

position are often not clear. They maybe unexpressed or inconsistent withtheir clearly stated position.

Try to discover the underlying interestsof the other side.


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The most powerful interests are basic

human needs:

security

economic well-being

a sense of belonging

recognition

control over ones life

Make your interests clear. Dont let them

get lost in the rhetoric. Be specific.


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if you want the other side to appreciateyourinterests, begin by demonstratingthat you appreciate theirs.

Paraphrase their interests. Active

listening. Legitimizing.

Encourage them to listen to you by:

Stating your interests and reasoningfirst and your conclusions/proposalslater.


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Shared interests:

may not be immediately obvious;

are opportunities to build upon; and

can make negotiations smoother and moreamicable (in it together).

Differences (e.g. interests, beliefs,valued items) can lead to agreements.

Dovetailing - looking for items of lowcost to you but high benefit for them,and vice versa.


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Focus on where you are going, rather

than arguing about the past.

Try to bring to the negotiation several

options that could meet your interests.

While pressing your substantive issues,

keep an open mind to modifying your listof options.


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Successful negotiators invent

options for mutual gain.


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To invent creative options:

Separate the act of inventing options from the

act of judging them.

Broaden the options on the table rather than

look for a single answer.

Search for mutual gains.

Invent ways of making their decision easy.


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Try to think laterally to generate more

options that might lead to a solution(s):

Small group activities (build on each othersideas).

Use a third party to help you overcome the

tendency for groupthink.Generate variations on your original set of

options.

Dont throw away flawed options too

quickly. They might provide the seed for a

good idea/option.

Create an environment conducive to this task.


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The above could be done by each party (among

themselves) or between the negotiating parties.

Examine your problem from the perspective ofdifferent professions and disciplines.

If you cannot agree on substance, you may be

able to agree on procedure.

At a minimum agree on where you disagree.


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A perfect win-win solution may not be

possible at the time of the negotiation.

Negotiations sometimes result in

provisional or contingent agreements or

partial solutions.

Remember: the context of most

negotiations is dynamic and will continue

to be so after the negotiation.

Can the subject matter be enlarged so as

to sweeten the pot?


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Successful partial solutions can form the

basis for more comprehensive solutionslater.

Make it easy for the other side to acceptyour solution.

Are there useful precedents to draw upon?


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Insist on Using Objective

Criteria


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Sometimes, despite your best efforts,interests will conflict.

The temptation is to resort to positionalbargaining in such cases.

The alternative is to make a decision onthe basis of objective criteria.


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The more you bring standards of fairness,efficiency, or scientific merit to bear on your

problem, the more likely is a final outcome that

is wise, fair and stable.

Example, the Law of the Sea conference: MITmodel for the economics of deep-seabedmining.

Allowed all parties to save face.


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How do you develop objective

criteria?Plan in advance.

Typically more than one objective

criterion is available. Example: car

insurance claim. What is the cars value?

Are the criteria legitimate and practical?


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Examples of Types of

Objective CriteriaMarket value

Precedent

Scientific judgmentProfessional standards

Efficiency

What a court would decide

Moral standards

Tradition


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To produce an outcome independent of

will, you can use either fair standardsfor the substantive question or fair

procedures for resolving the conflict.


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Negotiating with objective

criteria:Frame each issue as a joint search for

objective criteria.

Reason and be open to reason as towhich standards are most appropriate

and how they should be applied.

Never yield to pressure, only to principle.


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What are the costs and benefitsassociated with having a

bottom line?


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Best Alternative to a Negotiated

AgreementWhat is the difference between a bottom

line and your BATNA? Example: selling

your home.

Why should we know our BATNA?


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Your BATNA is the standardagainst which any proposed

agreement should be measured.


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Negotiating without determining yourBATNA is negotiating with your eyes

closed.

Too optimistic or too desperate.

Trip wiresprovides you with somemargin in reserve.


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The better your BATNA, the greater your

power.

How attractive to each party is the option

of not reaching agreement?

Power balance.


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Develop Your BATNA

Invent a list of actions you might take ifno agreement is reached;

Improve some of the more promisingideas and convert them into practicalalternatives; and

Select, tentatively, the one alternativethat seems best.


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Should you reveal your BATNA

to the other side?


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Consider the other sides

BATNA


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If both sides have attractive

BATNAs, the best outcome of

the negotiation, for both parties,may well be not to reach

agreement.

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