Observe the emotions of the other party, and try not to respond in kind if the discussion becomes "heated. Finally, make sure that your communication is clear and preciseto avoid misunderstandings. Use active listening techniques, such as looking directly at the speaker, listening carefully, and allowing each person to finish before you respond. Focus on Interests, Not Positions People are seldom "difficult" just for the sake of it, and almost always there are real and valid differences sitting behind conflicting positions.
Negotiations occur constantly on micro and macro scales, both in the office and in everyday life. As in-house counsel, you are sure to encounter numerous types of negotiations as part of your daily tasks, such as salary negotiations, contract negotiations with outside counsel, settlement negotiations during litigation, union negotiations, purchase order negotiations, and more.
This QuickCounsel provides a summary of the advantages and disadvantages of different types of negotiating formats, negotiating styles and preparation strategies. Negotiation Formats While countless types of negotiations exist, running the gamut from negotiating with your spouse over which tv show to watch to settling a civil suit, there are only two main formats in which these negotiations take place.
Positional bargainingalso known as distributive negotiation, involves arguing based on a position. Each side takes an extreme position based on its wants, needs, and limitations. These positions are almost always on opposite ends of the spectrum.
The parties then treat the negotiation as a zero-sum game in which only one party can "win" the negotiation. By starting with an extreme initial position, the parties are then forced to make concessions to reach agreement.
The smaller the concessions made, the more victorious one party feels. However, by starting with extreme positions and making only small concessions, the parties find that the negotiations become tense and drag on. A failed negotiation results when a stalemate is reached, and no final agreement is made.
Positional bargaining is best characterized by a pie analogy - each party is competing for the biggest slice of the pie. The negotiating room grows hostile, and communications may involve threats and lack transparency. A lack of trust ensues, and the future of the relationship may seem precarious.
As the negotiation continues, parties grow even more entrenched in their positions, refusing to change their minds. Parties strongly commit themselves to one position and one position only and focus only on their own goals.
Despite its flaws, there is a time and place for positional bargaining. It works best when haggling on price, compromising on a position with another party that has conflicting underlying interests, or acting in a situation of immediate crisis.
Principled negotiationalso known as integrative negotiation, is another negotiation format in which parties work together to forge a value-creating agreement that leaves both parties happy with the outcome and with the status of the relationship. Principled negotiation creates a collaborative environment in which parties establish shared interests and work together to build mutually beneficial solutions.
Parties are able to understand each other and trust each other while also being creative in solving the shared problem. Rather than thinking in terms of positions, the parties think in terms of interests and problems.
Rather than a zero-sum game, principled negotiation leaves both parties no worse off than when they started the negotiation.
Principled negotiation can also be characterized by a pie analogy - each party collaborates with the other to try to create a bigger, mutually beneficial pie in which to share. There are five main negotiation styles.PDF | Lateralized and complex organizational structures increase the potential for emergence of conflict situations.
In this context, in which the relations of authority are rendered down, the. Negotiation is an open process for two parties to find an acceptable solution to a complicated conflict. There are five steps to the negotiation process: Preparation and planning ;.
negotiation is collected and answered research questions two and three. The third chapter will provide a description and discussion of the research methodology used . THE INTERNATIONAL NEGOTIATION COMPETITION: A GUIDE FOR PARTICIPANTS The International Negotiation Competition offers students the unique opportunity to negotiate with other students from all across the globe.
With that opportunity come some challenges. In any international experience, preparation smoothes the way.
1 Interest-BasedNegotiation Introduction Negotiation is a communication process where you attempt to influence someone to give you what you need or want in exchange for . 1 POWER TACTICS: Successful negotiation from a disadvantageous position.
1. Have you ever felt pressured into accepting a deal that you were unhappy with?