Volume 1 • Issue 04 - NEGOTIATION(S)

Posted by Site Staff on Saturday May 3, 2008

At it’s lowest terms negotiation(s) is talk (communication) between two or more parties attempting to resolve their problem, conflict or dispute. This occurs at corporate and international levels also.

The subject of negotiation an Alternative Dispute Resolution method (modality) is large entailing different styles, theories, procedures, tactics and abilities.

There are those who state that this method is about give and take; this newsletter’s opinion is it is more than give and take. Adjusting and re-adjusting one’s position is a big part. Concentrating on interests and needs not positions is important. It is good to place oneself into the other’s shoes to enable better understanding of the situation. Separating people from the problem is an important strategy.

The Principled Negotiation method, Getting To Yes: Negotiating Agreement Without Giving In, Fisher, Ury and Patton, 1983, Houghton Mifflin Co. is an excellent way to conduct negotiation in
an integrative style. The soft cover is inexpensive and is a quick read teaching tactics and styles. This book is worth its weight in gold and will open your eyes to significant negotiation methods.

Emotions play a large role in negotiating. Positive emotions lead to cooperation, better understanding and creativity. Negative emotions cause difficulty. One must be careful, however, that
positive emotions are not carried too far; positive is good as long as the parties stay in the here and now without overkill. Effects of emotion can well play a role in the outcome and results of the
negotiation. Anger is a problem, distorting one’s judgment and thinking. Making decisions in anger will more than likely cause negative and poor results. This is also true of the negotiator (if one is used). An angry negotiator will cause restriction in the process, skewing results. In anger people attempt to dominate, use power tactics and not focus on interest or needs. This all leads to a poor
session.

In negotiations specific tactics, methods and styles have gained some notoriety:

  1. CHERRY PICKING- utilizing examples favorable to one’s position while excluding (ignoring) other results or positions.
  2. BATNA- (best alternative to a negotiated agreement), Fisher, Ury and Patton, Getting To Yes. Always be ready with plan B. If you have to walk away then have another plan to protect your position that you can go to.
  3. FRAMING- defining a problem and what it is. Aspects of a problem, dispute, conflict viewed as important while others are looked at as not important. How one perceives a problem or situation.
  4. Refraning- redefining one’s view or outlook on a problem. Looking at a situation in a different way.
  5. HARD BARGAINING- refers to adversarial, competitive methods and styles. This is different then Principle Negotiation.
  6. RIPENESS- a dispute/conflict is “ripe” for resolution/settlement when the parties reach a stalemate. Parties seeing that all options will not get what (even at the least) they need. At this point parties will likely be ready to negotiate, gain or obtain at the least part or some of their interests or needs.
  7. GRIT- (gradual reduction in tension) coined by Charles Osgood. This refers to gradual de-escalation where a party makes a small concession in the hope that the other party will do the same. If refused the concessioning party should try again. These concessions do not have to be big ones or significant.
  8. SOFT BARGAINING- cooperative, conciliatory, focusing on reaching an agreement without destroying a relationship or “burning bridges”.
  9. GAME THEORY-assists in a possibly destructive relationship by framing, managing or transforming allowing certain benefits; most discuss the arms race (deterrence) when speaking of this process, but it applies in all forms (methods) of Alternative Dispute Resolution.
  10. WIN/WIN-where all parties walk away from the negotiating table with (if not all) of what their interests or needs called for then at least enough to satisfy; this is accomplished through concessions, compromise and the negotiation process.
  11. WIN/LOSE-When one party wins everything they needed to satisfaction and the other party does not. This can be accomplished through Principled Negotiation, hard bargaining or soft bargaining. In reality, however, this newsletter’s opinion is that Principle Negotiation, hard bargaining and having a BATNA are the best methods to protect one’s position interests and needs. Negotiation involves procedure (process), behavior and substance (content). During the negotiation process all three of these Areas (process, behavior and content) must be satisfied.
  12. ZERO-SUM GAME-the win/lose approach is the same; someone has to lose When there is only so much to go around (finite) no side can get all they need and resolution can only be brought about through compromise or concession if this does not occur and there is stalemate, then, as discussed escalation may well take place, which can grow to conflict or be resolved through some form of concessions by both or one party.

PRINCIPLED NEGOTIATION

Fisher, Ury and Patton in their publication, Getting To Yes, developed numerous strategies and tactics to enable a successful negotiation. They are:

  1. SEPARATE THE PEOPLE FROM THE PROBLEM-.aim at dealing and focusing on needs and interests not the parties.
  2. OBJECTIVE CRITERIA-insist on standards such as comparative prices in the market or industry. Do not accept anything that is thrown out by another party as correct. Comparable in the real estate market is important in negotiating on a home. Knowing your market or pricing area is important. Do some scouting around so you know the values in your interests or needs before entering negotiation. Going in without some knowledge of what is going on in the area of your needs or interests is not wise and leaves you open to being taken advantage of.
  3. GOING TO THE BALCONY-stepping back, get yourself together and focus on looking at the problem objectively. Work hard on channeling thoughts away from the session as though you are on a balcony above the stage taking in all that is going on. Step back from your emotions as much as possible, think clearly and consider all options having your BATNA available.
  4. STAY CALM DO NOT COUNTERATTACK OR REACT TO OTHER’S ATTACKS-stay with the problem at hand, avoid personal problems of the other and totally focus on solutions to the problem. Always consider alternate solutions.
  5. BATNA-best alternative to a negotiated agreement; have it ready to use if necessary. There are those who believe Principled Negotiation is not adequate in an intractable dispute or conflict and that other methods must be employed. It is this newsletter’s opinion utilizing strategies in Getting To Yes is important to gain a foundation in the process and then should other strategies or methods be required use them. A party can gain a strategically, good position by implementing the five tactics above.

NEGOTIATOR

The parties may decide to use the services of a third party (negotiator) to assist in the process. This is fine and along the lines of an arbitrator or mediator. Choosing a negotiator and paying for it is no different then in mediation.

Being cautious about who is chosen is important. This newsletter’s opinion is that word of mouth is the best way to find competent professionals. Even with a quality negotiator it is important to ask about style and experience in the area of the problem / dispute / conflict

CAVEAT—If you are a world traveler doing business or simply negotiating for yourself know the following: Not all cultures or societies bargain by looking at need/ interests. Some are more concerned with relationships, saving face, repairing damaged relationships or enhancing them. In some cultures/societies emotions are important and interests or needs take a back seat. The State of Hawaii still adheres to emotions and relationships as being of importance. Should you be in an Asian or island community and you require mediation or negotiation you had better thoroughly check to find out the customs with regard to emotions, needs or interests. It may behoove one to check this issue out prior to making the trip.

Forewarned Is forearmed.

WHAT TO AVOID

Stay away from the following:

  1. Emotion, in particular anger
  2. Mediator or negotiator style which does not fit your needs
  3. Destroying a relationship (burning bridges)
  4. Polarization; avoid refusal to consider ideas, options or new thoughts—avoid being positional
  5. Allowing others to sway your thinking.
  6. Mediator/negotiator muscling; do not allow this to occur (speak up)
  7. Power moves; leverage in bad faith
  8. Thinking about one’s needs, interests without considering the others
  9. Not focusing on the process you one is involved in; stay in the now
  10. Conflicts of interest; mediator, negotiator or arbitrator’s Prior involvement with other parties or oneself


THANK YOU FOR READING THE MAY 2008 ISSUE OF escape litigation.com. THE NEXT ISSUE (June, 2008) WILL CONTINUE THE DISCUSSION ON NEGOTIATION AND BEGIN TO EXPLORE THE IMPORTANT AREA OF POWER. CONTINUE TO CHECK THIS WEBSITE FOR WEEKLY, DAILY SUPPLEMENTS AS IMPORTANT GERMAINE NEWS OR INFORMATION IS DISCLOSED.

PLEASE FORWARD THROUGH OUR EMAIL IDEAS, QUESTIONS OR INQUIRIES AND SUGGESTIONS. CRITICISM IS WELCOME.


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