Introduction Flashcards
(223 cards)
1
Q
Quality of Alternative
A
Is a way to look at a negotiation to find the best possible outcome for your party
E.g. If a party has a good argument, they should content
If a party has a poor argument, the should concede
If all parties have good outcomes, they should look at finding more value in further negotiations - good both creative compromise
If all parties have poor outcomes, they should look at alternatives which keeps both parties at the bargaining table sine all parties will lose - clear-cut compromise
2
Q
How do personalities affect negotiation
A
Personalities influence the way we think in negotiation and often turn the negotiation into a win or lose ‘competition’
Personalities can get other negotiators annoyed, lose their tempers and make unreasonable ultimatums
We cannot excuse our personality and behave as we wish and we cannot rely on on our personality as a substitute for becoming more competent
Our personality may not have a determining impact on negotiations but how we approach a negotiation certainly does
This can lead to an understanding of negotiation as a game or contest in which there are winners and losers
Meaning we tend to view negotiations as having completely competitive sctipr
3
Q
How does one deal with differences
A
Take your time
Clearly state your perspective and expectations, that is, the issues and concerns which have to be addressed if there is to be an agreement
Present your position in the broader context so that it does not look like you are presenting a “take it or leave it” proposition.
Invite the other party to state and restate their positions and interests; allow them to do so without interruption.
Do your best to outline, albeit a bit at a time, the key drivers behind your position; encourage reciprocity through information drip feed;
Invite the other party to provide background information; reciprocate when they do
Give attention to building a good working relationship with the other negotiator
Ask ‘why’ from time to time (but don’t assume you are going to get the full answer to the first time you ask that question)
Encourage reciprocity by giving full answers
Summarise regularly
Accept that underlying interests might evolve as the parties sort out their priorities
Take a process perspective: if it seems to be getting positional, view this as differentiation, not closure
Put any suggested solutions on hold, but try to discern what motivated the suggestion.
Ignore any threats or closing statements from the other party, responding instead with a restatement of your own preferred position and why.
4
Q
How to be strategic with time pressure
A
All negotiations have timeframe in which an agreement is required before the deadline.
This leads to more creativities ideas to get the ball moving again if there is a standstill in the negotiation and the deadline is fast approaching
Negotiators who are under more time pressure do less well as they concede more to achieve an agreement
If negotiators who are genuinely under a deadline tell the other party, tis puts the other party under the same deadline and subjects them to the same time pressure
If both parties are under the same time pressure they are more likely to make mutual concessions resulting in a better outcome for the party that initially experienced the greater time pressure
5
Q
Effect of time pressure on strategy choice
A
low time pressure = content
high time pressure = concede
high time pressure = clear-cut compromise
low(ish) = creative compromise
6
Q
Ways mediators can help in negotiations
A
If the Negotiation process has been poorly managed then efforts should be made to get the negotiations back in phase, perhaps with the involvement of a mediator
• A mediator can rebuild the process and get the parties to reconsider their positions on the issues in dispute
• mediators have to be as strategic as the negotiators
• The role of the mediator is not to fix the dispute but to help the parties fix their dispute themselves (and so be more committed to implementing the agreement)
• The mediator brings a skills set and experience which the parties might lack and so assists them through the remainder of their negotiation
SEE IMAGE ON SLIDE 2 2017
7
Q
Rules of good negotiation
A
- Be friendly and make cooperative opening move
- Be firm and match the others behaviours
- Be forgiving
- Be facilitative
8
Q
- Be friendly and make a cooperative opening move
A
Make a ‘yes-able’ proposition, rather than an excessive one which will indicate a degree of reasonableness and so show that you won’t expect the other party to make every single move to reach an agreement
9
Q
Be firm and match the others behaviour
A
Be clear from the outset on any genuine non-negotiables; state and restate underlying interests; match the other party’s statements of interest/position with your own; make concessions to match the other party
10
Q
Be forgiving
A
Do not try to recoup any ‘losses’ from a previous negotiation; do not focus on retrieving setbacks in the current negotiation – look at the overall package being negotiated.
11
Q
Be facilitating
A
Hold positions on the issue and don’t press for change from the other party
12
Q
Ways to arrive at creative compromises
A
• to propose or consider new options that will add value
• Adding value to the proposal can change direction of the negotiations as it provides new ground to which the other party can compromise to
• A creative compromise aims to produce options that will accommodate the interests of all parties
• The parties’ differences can be used to create
compromise
• Proposals should be weighed against a primary value for the party
• Discuss ways to improve the proposal
13
Q
The effect of importance of issue to self and concern for other on strategy choice
A
Importance of issue strategy choice = high content THUS concern for other strategy choice = low contend
Importance of issue strategy choice = low content THUS concern for other strategy choice = high contend
Importance of issue strategy choice = low(ish) clear-cut compromise THUS concern for other strategy choice = high clear-cut compromise
Importance of issue strategy choice = high creative compromise THUS concern for other strategy choice = high creative compromise
SEE SLIDE 4
14
Q
Behaviours associated with cooperative negotiations
A
Reciprocation
Develop Trust
Four Fs
Ethical behaviours
15
Q
Reciprocation
A
If one party is cooperative, it is likely that the other will develop a similar approach.
Matching Behaviour – For each positive behaviour, it is likely the other party will match/equal the behaviour.
Information Exchange – Enables each party to better understand their position. Equal exchange of
information strengthens a party’s position through trust.
16
Q
Develop Trust
A
Maintain integrity and predictability
Open discussion about how negotiations are unfolding – talk process
Build the other party’s confidence through reciprocation and information exchange.
17
Q
Four Fs
A
Friendly – Through language and demeanour, show willingness to reach a solution.
Firm – Reciprocate, do not feel obligated to reduce your position to overcome impasse.
Forgiving – If a friendly attitude is not reciprocated, remain
firm, but do not seek to punish the other party.
Facilitating – Openly discuss the issues and process and ways to proceed.
18
Q
Ethical Behaviour
A
Can be viewed as a scale of behaviours with some more acceptable and others leaning toward unacceptable.
Concealing a party’s lowest acceptable outcome, or tactical/competitive bargaining is viewed as acceptable.
Examples of unethical behaviour are manipulation, misrepresentation, bluffing and providing false information
19
Q
Dimensions of cultural difference
A
Individualism or Collectivism
Power distance
Temporal perspective
20
Q
Individualism or Collectivism
A
Degree of self reliance rater than reliance upon others
21
Q
Power distance
A
Egalitarianism or Hierarchal - Level of acceptance of inequality as legitimate. This flows through into how relationships are organised, decisions are made and power in exercised
22
Q
Temporal perspective
A
Attitude towards time (short or long term perspective) This flows through into evaluations of situations and issues, and influences how tasks might be approached
23
Q
Mediating and managing negotiator’s behaviour - mediators obligation
A
Mediators must employ the same behavioural techniques as negotiators to manage the behaviour of each party.
24
Q
Mediator’s reciprocity
A
The manner in which the mediation is conducted will create a sense of balance between negotiators
25
Mediator's trust
A mediator will seek to build the parties’ trust as the first step to developing trust between negotiating parties.
26
Mediator's power
The mediator should ensure the parties’ understand the balance of power. They will seek to control and negate attempts of the negotiators to exercise personal power.
27
Mediator's information exchange
The mediator will endeavour to ensure that each party knows what the other wants and why
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Mediator's ethics
The mediator’s own competency, conduct and ground rules will set the standard for the parties.
29
Mediator's ourcome
The mediator will ensure the parties are fully aware of what they are agreeing to and the implications
30
Role of ethics in negotiation and exercise of power
It is typically unethical to exercise power over an involved party to gain the upper hand in negotiations or an unfair outcome.
Unethical practices via power intimidation lead to distrust and therefore countering the intention – a loss of
power in negotiations.
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What is an example of unethical exercise of power?
An example of this is a FUD strategy (fear, uncertainty, doubt).
• Fear – Intentionally cause a party to believe that their outcome may be highly detrimental or catastrophic.
• Uncertainty – Intentionally cause a party to worry about the future of their business operations.
• Doubt – Place doubt in the mind of a party about their position in negotiations.
32
Why/where do differences arise
* As negotiation is two sided the hoped for results of any tactic are not guaranteed as you can not predict the actions of the other party
* Emotional tactics establish social relationships and shape how issues are
* Expressing anger to draw out a succession is known to work--- however is situation dependent--- less likely under time pressure, if the other party is more focused on understanding the situation or if they feel they are more powerful.
* Showing emotion can be effective where the statements are about the issue and not the person--- don’t transfer frustration to the other negotiation “you know I can’t accept that offer!”
* Negotiators use emotional outbursts as a tactic because they are passionate about an issue, a trigger is pushed or simply because it works for them, males are more reactive to emotion then female as they see it as getting in the way of fixing the dispute, whereas females see it as part of the relationship
33
Process of Emotion in negotiation
→ Treat people with respect→ Treat yourself with respect→ Reflect on what others are saying→Seek to manage the process
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How can gender differences affect negotiation
* Gender and professional background (e.g. lawyer) can effect how the negotiators approach their task, particularly in shaping one’s expectations (e.g. expect to earn less so don’t bother negotiating) and goals
* Women prefer a relationship rather than a substantive outcome taking a more cooperative approach, and will be wary of negotiating assertively because of the anticipated backlash
* The role expectations of the organisation provide a context that shapes how individuals approach the task of resolving differences
* Male negotiators should look at the broader perspective and include other people’s concerns, while backing off from using threats or sarcastic humour
35
Levels of conflict
Micro, Meso, Macro
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Micro conflict
intra (within ourselves e.g. I shouldn’t eat that Easter egg) and interpersonal (conflict between people)
37
Meso conflict
```
Inter group (conflict between
groups)
```
38
Macro conflict
inter state and nation (e.g. between power, language, government or territory groups)
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Sources of conflict
```
→Resources
→Preferences
→Communication
→Power differences
→Identity and Values
```
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Destructive aspects of conflict
→Competitive processes
→Misperception and bias
→ Emotionality
→Decreased communication Blurred issues of what actually needs to be discussed
→Rigid commitments
→ Magnified differences between parties, minimised similarities and failure to see points of commonality
→Escalation of the conflict--- increase costs, time, public shaming incurred by the other side to pressure them to concede to demands
41
Creative and productive aspects of conflict
→Uncovers underlying problems--- latent conflict that has always been there, is given a voice
→Agent of change and adaptation--- change the situation
→Can promote understanding of one another’s sides
→ Personal and psychological development
→An opportunity to go beyond status quo--- greater number of needs met and interests recognised
42
Conflict mapping
thinks about who are the immediate parties to a conflict and who are the effected audience (stakeholders and their degree of involvement)•
43
Conflict diagnosis
what is the source of conflict and why has it occurred.
44
Conflict prognosis
what is going to happen if it continues to manifest itself in this wa
45
Conflict Therapy
what can be done to improve the conflict/situation
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William Ury: The walk from "no" to "yes"
* Step back from the situation and look at it with fresh eyes--- find a new solution that creates value
* The secret to peace: the community surrounding conflict need to play an active role.
* Third side to conflict: the surrounding community--- the third side needs to remind the two parties what is at stake
47
Conflict management approaches
• Moves from lower degrees of coercive power to greater degrees of coercive power
in resolving conflict
48
Forms of 3rd Party Intervention
* Mediation: facilitating and structuring negotiations
| * Arbitration: binding decision by a third part
49
Advantages and disadvantages of 3rd party interventions
* Negotiation: control over process and outcome
* Mediation: lose control over process but retain control over outcomes
* Arbitration: retain some control over process but lose control over outcomes
50
Interest based bargaining
Realistically the parties know what they would like their interests to be coming to negotiations, only to find during the process that they must revise their thoughts on what is really important as they learn more. (e.g. reordering priorities as they learn they will not get everything they want)
Interest based negotiations should be opened by the parties presenting their key concerns and interests
Uncovering interests takes time
Interests eventually have to form into proposals which can begin to look positional
The negotiations have become very positional as of 6.2--- a good negotiator would try and maintain an even handled dialogue and encourage the exchange of more information--- as a result new insights into the underlying interests of the parties might emerge
51
New interests from the indigenous
“no access for this one particular company because of what they are doing to the land”--- underlying interest in getting everyone to respect the land
• Mining representatives= sense of frustration at delays in the exploration permit process, not the only area for development [see table 6.3 for the new issues]
52
The issues facing the parties can be reframed in interest based bargaining
instead of whether to allow mineral exploration in the park which was azero sum issue, the PROBLEM is now how to set up a decision making process on access that was (a) relatively quicksand (b) governed the conduct of companies operating in the park
53
Be clear on the strategic intent
* Initiating company is at an advantage as the target company is in a reactive position
* Negotiators must be clear on the strategic intent that underpins the negotiation--- the underlying rationale for the proposal drive the exploration for ways around the problems and again during periods of exchange where issues are trying to be closed of.
* Think in terms of the bigger picture
* The proposal has to be put into negotiable terms--- from this subsidiary objectives arise such as specific legal or financial aspects critical to defining a successful outcome “Unless we obtain the company for less than X we will not proceed”. Process issues also arise such as the actual cost of negotiation, or time spent in negotiation.
54
High Context Communication
* The physical context and the person who is communicating is equally important to what is actually being said
* Communication requires individuals to have similar ‘reference points’
* You require understanding of the whole context before reaching any conclusions
* Statements will be reserved - communication will be in a way that maintains harmony within their own group
* Information will be sought through inference and through indirect means - eg. through reactions to offers made
* Silence conveys meaning
55
Low Context Communication
The meaning and intent will be conveyed primarily through the spoken word
Statements will be precise and relevant
Statements will reflect opinions, feelings and reactions
Information will be sought through questioning
Silence will be filled with words
56
Mediation Diamond
The mediation diamond represents 8 steps to a process which opens an issue, explores options in the negotiation and narrows down the options before an agreement and closure.
57
8 Steps of the mediation diamond
1. Meet each party separately and take them through the situation
2. Make an opening statement about their role and the purpose of the mediation
3. Let each party outline their issues and desirable outcomes
4. Summaries each parties statement and makes clear all parties were understood and sets the agenda to be followed
5. Mediates each parties issue one by one before letting each party discuss the issue together
6. Discuss possible settlements, question their key issues and desirable outcomes. Reiterate BATNA to mediation and encourage resolving the issues
7. Explore possible options between parties
8. Negotiation of options
9. Completion of negotiation and assistant to each party so they are clear about what they are committing to.
58
Challenges of negotiating over the phone
The phone is not a leveller; one party can still dominate.
We tend to over do our strategy and to be repetitive because we are not picking up any visual clues as to how much the other person is receiving what we are saying.
We get fewer response cues, especially regarding the genuineness of agreement.
Negotiators with a strong case do better over the phone.
We tend to sound more competitive
59
Preparation for Negotiation
Constantly review the situation to take account of changes in the context
that might lead to a revision strategy.
Consider what might be done to the context to make a preferred course of action more likely.
Make considered analysis before deciding
upon a course of action.
Be constantly aware of options.
Have clear, considered goals.
60
Rules of negotiation
Rule 1 - Be Friendly and Make a Cooperative Opening Move
Rule 2 - Be Firm and Match the other's Behaviour
Rule 3 - Be Forgiving
Rule 4 - Be Facilitating
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Distributive Bargaining Strategies and Behaviours that are aimed at shaping the other party’s expectations;
Limited information exchange – that is, only information that helps one’s own case.
Adopting firm positions and making commitments.
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Distributive Bargaining Strategies and Behaviours that are aimed at getting the other party to agree
Threatened alternatives and power plays undermining the other’s position or party.
Tense, controlled interaction.
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What is a high context communicator able to do?
Some negotiators are high context communicators, able to read a situation not only from what is being said but also from info about the inferred meaning from context
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What do low context negotiators like and what do they have difficulty with?
Low context negotiator who like the facts and a straight yes or now answers often have more difficulty discerning the other party’s underlying motivations, priorities and limits
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What are Negotiators who are more individualistic in their orientation less likely to be willing to do?
Negotiators who are more individualistic in their orientation are less likely to be willing to offer info about their own priorities and so have to rely more on the offer-packaging approach to gain an understanding of the other parties’ priorities
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What is the impact of emotion on negotiation and how do you deal with it?
Emotion may increase tension and conflict reducing the success of the negotiation
Stating an opening position can lead to the negotiations becoming a positional context
Negotiator use emotional outbursts as a tactic because they feel deeply about the issue and get carried away
67
What are the tactics of dealing with emotion?
Treat people with respect
Do listen - show you are trying to understand
Do allow for exaggeration
Do not use put-downs yourself
Do not challenge people's statement
Treat yourself with respect
Do not get angry or frustrated
Do retain your belief that you can find a good solution
Restate what you want to achieve (but do not press others to agree)
State your own feelings too, but briefly
Reflect on what others are saying
Recognise the emotional component
Build on their statements about the substantive issues
Seek to manage the process
Talk about where the present dynamic is leading
Suggest alternative ways of interaction
68
What outcome do negotiators often emphasise?
win-win outcomes
69
Contending - Issue dimension - What are we doing about the issue? (Dealing with differences)
To stand firm and maintain one's position in the expectation that, in time, the other party will accept your position
70
Differentiation - Process dimension - what are we trying to achieve at this point in the negotiation (Dealing with differences)
To find the full extent of the differences between the parties, particularly their underlying interests.
To decide whether to continue netogiating
71
Action dimensions - now are you going to do it? (Dealing with differences)
Information exchange
Clear statements, reiterating both "what" and "why"
Information "drip feed"
Checking understanding
DO NOT: challenge positions and present solutions
72
Bais thinking
Can be developed from the lack of critical thinking, biasses and prejudice and these biases can lead to negotiation difficulties. It is useful to reflect one's negotiation process to encourage the awareness of biases
73
BATNA
Best Alternative To a Negotiated Agreement
• In a negotiation situation – what will happen if an agreement is not reached? What is ‘our’ – i.e. the company’s, negotiating party’s, etc. – backup strategy?
• Negotiations generally do not go accordingly to plan. As such, it is good practice to have a backup plan!
74
Quality of alternative
* Have a formulated and thought-through BATNA / alternate – it is easier to be railroaded in a negotiation if a negotiator does not have a strong conviction in their alternatives.
* Improve alternatives before a negotiation!
* If you do not have a strong backup and are relying on the negotiation, you will become desperate.
75
Managing competitveness
* Negotiations can become quite competitive.
* Tactics used by competitive negotiators may trigger a desired response; focus on secondary information / other topics; etc.
* Strategies for dealing with competitiveness:
* Remain firm on the issue / topic
* Focus on the process
* Repeat main concerns and/or summarise
76
Reciprocity and non-reciprocity in information exchange
Reciprocity works on the idea that if you walk into a conversation with an cooperative or bias attitude the other half will respond in kind. Leaving us all in possible a worst position.
• The ways around this issue it to cooperate and allow each other to give and take. (Check out the diagrams on page 16 & 17)
It is the tendancy of one person to match what the other is doing, if one negotiator is causing conflict it is likely to other will reciprocate. The reverse is true; if one person is cooperative it is most likely going to be matched.
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Now to maintain reciprocity
One method recommended is to follow the stages below
1: be Friendly
2: be Firm
3: be Forgiving
4: be Facilitating
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How to deal with threats
“If the threat would indeed get you to change your mind and it cost nothing to the other party to implement their threat, they would not be talking to you but would have already done what they are threatening to do”
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Listening effectively - information exchange skills
* In the end Negotiations take time and repetition, it is important to understand that the other speaker has reason and evidence that supports their discussion, so while your mind might be filled with points you want to make. Try to listen to what they are saying
* So using a tic for tac approach be friendly don’t interrupt and listen to them
* Additionally if you have to disagree with them… then make the reason why more important in your talk than the rejection.
* Check out page 68 in some methods through different media
80
Strategies of negotiation - what are the 4-5 overarching options?
1. You content - your aim is they will concede
2. You concede - your aim is they will contend
3. You clear-cut compromise - your aim is the 50/50 but at least its something
4. You creatively compromise - your aim is the mysterious win win
and the non-negotiation option: You walk away - your aim is business is better elsewhere
What factors these options is time, relations, opinion and significance of the negotiations.
81
Helpful behaviours in exploration
▸ You are effectively prepared
▸ Explore options and maintain communication
▸ Differentiate between parties and options
▸ Remain flexible
▸ Framework agreement
82
Unhelpful behaviours in exploration
▸ Yours into the solution oriented phase
▸ Become competitive
▸ Limit yourself to a single solution
▸ Reject suggestions and apply pressure
83
Ways to arrive at creative compromises
▸ Realise the importance of the outcome AND the relationship
▸ Maintaining clear consider goals, remaining aware of options, considered analysis before deciding, adaptability
▸ Raise other party’s level of concern in both dimensions - dual concern approach
84
Dual Concern Approach
```
▸ High importance of issue to self
▸ High concern for other’s outcome
▸ Expectation of other’s strategy to be to compromise
▸ Low time pressure
▸ Good quality of alternatives
```
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Biases in negotiation - how bias can affect the negotiation
▸ Being hostile, intolerant, inappropriate towards another
▸ Personal beliefs
▸ Relationships with other parties
▸ Professional opinion
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How can biases be resolved?
▸ Keeping communication open
▸ Differentiate between internal bias and what needs to be achieved
▸ Find key areas of common ground
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Concern for other's outcome
▸ Be engaged with other parties
▸ Recognise different work styles and needs
▸ Be respectful and attentive
▸ Remain open minded to exploring alternative options
▸ Have a desire to compromise and resolve the issue to both parties advantage
88
Competitiveness & cooperation - distributive vs integrative bargaining
Distributive arrangement winds up in a win-lose circumstance where a few gatherings remain at leverage and the others miss out. Then again, integrative transaction makes a win-win circumstance for every one of the gatherings.
Distributive arrangement is aggressive in nature and requires that each gathering sees each other gathering as a contender, while integrative transaction is synergistic in nature and every one of the gatherings consult on agreeable terms, going about as partners to each other.
Integrative transaction fills in as a peace making apparatus, while distributive arrangement increases the contentions further.
In distributive transaction each moderator concentrates on meeting his own advantages, paying little mind to the misfortune the others may need to confront. Conversely, integrative transaction concentrates on shared interests of the considerable number of gatherings and hence, thinks of useful arrangements that will be useful for all.
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Cultural differences
Negotiators from various cultures may tend to see the reason for a transaction in an unexpected way. For bargain producers from a few societies, the objective of a business transaction, as a matter of first importance, is a marked contract between
the gatherings.
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Negotiation factors that contribute to the impact of differences in engotiation
```
Goal: Contract Relationship
Attitude: Win/lose Win/Win
Personal Styles: Informal Formal
Communications: direct indirect
Time sensitivity: High Low
Emotionalism: high Low
Agreement form: Specific general
Agreement building: Bottom up Top Down
Team organisation: One leader Consensus
Risk taking: High Low
```
91
Behaviours associated with competitive negotiations
* Competitive behaviours are most often seen during the differentiation phase when the negotiator may believe it beneficial to come out with a hardball offer.
* Negotiators also tend to become more competitive when there are constituencies involved as well as during the “end game” of negotiations when final agreements are made.
* Competitive negotiators will also try to undermine any offer made by the other party - This can involve threatening to walk away or showing anger to elicit a concession and/or unsettle their “opponent”
* Other competitive behaviours may include:
- Bringing a larger team to the negotiation table
- Always changing the topic
- Making personal attacks
92
Common tactics for competitve negotatiors
* interrupting the other party
* taking a tough stance
* engaging in gamesmanship
* or if with a partner, engaging in a good cop-bad cop routine
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Reciprocity
* A central dynamic of negotiations - it is based on the theory that a person will match what the other is doing
* Therefore, if you are engaging in competitive tactics, the other party will do the same
* The reverse is also true - co-operative behaviour will likely be mirrored by the other negotiator
94
Key elements of negotiation a
```
Reciprocity
Trust
Power
Information Exchange
Ethics
Outcome
```
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Trust
* Choosing to trust the other party is difficult: especially as they may exploit the trust you gave them
* Researching the other party’s credibility, integrity and honesty will help with making this decision
* The two types of trust are calculus based trust and identification based trust
96
Power
* Power is at the heart of any negotiation
* However it can take many forms and is therefore difficult to categorise
* Power can manifest as having greater knowledge of the other party or even having a higher degree of credibility and respect
* However, the best measurement of power in negotiations is through the quality of alternatives you have in the case this negotiation is not successful
97
Information Exchange
* Exchanging information is crucial to understanding the other party’s priorities and interests (which in turn generates a richer outcome)
* It can also help you to present your own proposal in a favourable light by understanding the other party’s interests
* Exchanging information about facts surrounding the issue is important in any negotiation: one way of doing this is to drip feed information
98
Ethics
* Ethics is crucial to maintaining trust during the negotiations and unethical behaviour can result in a negative outcome
* Unethical behaviour can include: misinformation or lying, misrepresentation and bluffing to manipulate others
* However, tactics associated with competitive bargaining are seen as more acceptable: such as asking for more than what you want and concealing your bottom line
99
Outcome
* The outcome can be evaluated as good or bad in response to how well it fulfilled the party’s goals
* According to Walton and McKersie (1965), an outcome can be defined as “win-win” and “win-lose”
* There is no “lose-lose” outcome as both parties can walk away and go with their alternative
100
What does leaning to "read" a negotiation require?
* Learning to “read” a negotiation requires being a reflective practitioner
* This involves not just reflecting after a negotiation is over but while it is ongoing (reflecting in “real-time”)
101
What does learning to "read" a negotiation help a negotiator with?
Doing this can help a negotiator understand the shifting point where reaching an agreement is more important than pursuing their demands
102
What does learning to "read" a negotiation facilitate?
* This skill can also help facilitate a breakthrough or creative compromise when a negotiation has become stuck:
* One way of doing this includes to stop and think before taking action
* This is the first step of reflecting
* The second step is about thinking what ought to be happening
* However, as the negotiator is not likely to remember detailed recommendations from a “how to” textbook
* Therefore, memorising simple catch phrases (e.g. ”negotiate over interests not positions”) or having a visual imagery/negotiation script is useful
103
Why is negotiating over the phone difficult?
* Phone negotiations are usually less formal however it is still possible for one party to dominate
* Challenges of negotiating over the phone is largely due to not being able to see the other negotiator:
* Negotiations becomes harder to read as visual cues such as body language are absent
* This can result in negotiators overdoing their strategy as they are unable to see how much information is being received by the other party
* Similarly, negotiators get fewer response cues - especially regarding the genuineness of agreement
* This results in negotiators being less trusting and generally more competitive during phone negotiations
* e.g. Hanging up the phone as a way of reinforcing their position
104
What are many negotiations based on?
Many negotiations are based on the principle of how one company can help another improve its value chain, so there is an instrumental concern for the others outcome in any negotiations between them.
105
What must concern for others be distinguished from?
Concern for other must be distinguished from the relationship.
106
Relationships in negotations
* If the effective implementation of the agreement will require an ongoing relationship, then the relationship becomes part of the issue being negotiated, and so increases the importance of the issue.
* Don’t have to like each other but must have a relationship that enables exchanges to take place.
* Build a working relationship with the other party’s negotiators, even when disagreeing with them.
* Be clear on what sort of relationship – and between whom – is needed to properly implement the likely agreement.
* Check whether you are being drawn into negotiating the next agreement rather than the present one.
107
What can close relationships result in?
A close relationship can raise expectations
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How does one arrive at a creative compromise?
* You find a solution that adds some value to the issues so that both can gain something but not at the expense of the other party
* Importance of issue to self is high
* Concern for the others outcome is high
* Expectation of the others strategy is compromise
* Time pressure is low(ish)
* Quality of alternative is good for both
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Concede
You bring the negotiations to an end by agreeing with the other party
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Clear-cut compromise
You split the difference between what you want and what the other party
wants so that you both get something, but neither of you gets all that you wanted
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Creative Compromise
you find a solution that adds some value to the issues so that both can gain something, but not at the expense of the other party.
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The non-negotiation option
You bring the negotiations to a close because you can do better elsewhere
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Dual Concern Model
take two factors into account – the concern for self, the second is how important do I feel it is for the other people to get what they want? This model indicates which of the four strategies is the appropriate one.
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How is the success of negotiation measured?
The success of a negotiation is measured by how well the outcome achieves the parties goals.
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What is the intent of a negotiation?
Intent of a negotiation is to find a good negotiated outcome
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Win-win negotiation
parties objectives are not in direct conflict: one party might be able to gain but not at the others expense.
However, a genuine win-win agreement is one on which neither party can improve, except at the
expense of the other.
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What should the negotiators do in a negotiation?
The negotiators should exchange information, openly explore options and so find a solution that
suits them both.
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Types of bias
Overconfidence, Fixed-pie perception, anchoring, extremism, illusion of transparency, knowledge of other
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Overconfidence
we believe that others will judge in our favour, to overcome this bias you need to not become complacent and focus on the fundamentals of your argument.
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Fixed-pie perception
having an ‘Us Vs. Them’ mentality, it isn’t necessarily so black and white in a negotiation, to overcome this bias, you must carefully consider the other parties goals and concessions they may make.
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Anchoring
giving greater weight to early information, to overcome this consider information equally, irrespective of when you receive it (early/late)
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Extremism
thinking that other positons are more extreme than they actually are, try to objectively consider the other parties opinion or position, don’t overexaggerate.
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Illusion of transparency
assuming the other parties understand our point of view, don’t assume they know anything and explain your point clearly
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Knowledge of Other
ignoring how the other party may be thinking and why, try to put yourself in their shoes to understand their outlook.
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Phases in negotiation
2 broadly defined phases, the first competitive, the second cooperative.
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Process models - separate
* Competitive: Win/lose argument
| * Cooperative Collaborative, win-win resolution
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Process models - mixed
* Stage: Distinct and predictable periods of activity, defined issue
* Episodic: Flexible structure of activity periods duration and frequency
* Interdependence: Mix of win-win and win-lose arguments with collaborative problem solving throughout.
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What is trust
Trust is described as being extremely important to fruitful negotiations.
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What is trust related to?
Trust is related to personal credibility, integrity and honesty, but in a negotiation the definition is more acute. In a negotiation, trust is the understanding that the other negotiator(s) are willing to collaborate
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What is calculus based trust
Calculus based trust is weighing up the consequences of trusting compared with not trusting
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Identification based trust
Identification based trust is relationship-centric, is built on an understanding of the other party and their expectations
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Situation specific trust
Situation specific trust means adapting your level of trust depending on what outcome you wish to achieve, if you are engaged in a negotiation surrounding a single transaction, calculus based trust is the preferred method, if you are building a relationship for the future, then identification trust may be more suitable.
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Rules of good negotiation
• Rule 1: Be friendly and make a cooperative opening move. Establish a comfortable environment that is conducive with collaboration.
• Rule 2: Be firm and match the others behavior. Ensure the relative importance of your argument by matching the other parties statements with your own.
• Rule 3: Be forgiving Don’t over-argue the other parties points, focus on delivering your own points as opposed to constantly rebutting. Try to be collaborative.
• Rule 4: Be facilitiating Make suggestions about how to progress if you
reach a deadlock but make sure that you constantly reinforce what position you hold.
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What can emotion lead to
GETTING EMOTIONAL CAN CAUSE THE OPPOSITION TO REVEAL SOME CRITICAL INFORMATION. DOESN’T ALWAYS WORK
THOUGH.
BEING EMOTIONAL ABOUT SOMETHING IN A NEGOTIATION WILL SOMETIMES CAUSE THE EMOTIONAL PERSON TO NOT LISTEN TO ANYONE ELSE AND CONTINUE TO TALK ABOUT THE ISSUE.
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What can getting angry lead to?
GETTING ANGRY EITHER AS A TACTIC OR EMOTIONALLY CAN CAUSE THE SAME THING TO HAPPEN, HOWEVER ALSO DOES NOT ALWAYS WORK. IT CAN ALSO CAUSE THE OPPOSITION TO ALSO GET ANGRY, WHICH RESULTS IN A HEATED NEGOTIATION.
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How can emotion be dealt with?
* TREAT PEOPLE WITH RESPECT.
* TREAT YOURSELF WITH RESPECT.
* REFLECT ON WHAT OTHERS ARE SAYING.
* SEEK TO MANAGE THE PROCESS.
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What results from both parties being satisfied with the result?
WITH BOTH PARTIES BEING SATISFIED WITH THE RESULT, THEY WILL BE MORE COMMITTED TO IMPLEMENTING THE OUTCOME, BUT THIS IS NOT NECESSARILY ALWAYS THE RESULT.
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What is a win-win negotiation
A WIN-WIN NEGOTIATION IS WHERE BOTH PARTIES SEEK TO COME TO THE BEST POSSIBLE AGREEMENT FOR EACH OTHER, SO EACH SIDE HAS AN EVEN AMOUNT OF GAIN.
WIN-WIN OUTCOMES CAN ALSO BE KNOWN AS LOSE-LOSE AS SOMETIMES NEITHER PARTY GETS WHAT THEY ORIGINALLY WANTED
OVERALL, NOT A BAD OUTCOME FOR BOTH PARTIES, BUT COULD BE BETTER
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What is and is not unethical?
It is unethical and unlawful to provide false information- instead of doing this in a negotiation, a negotiator should consider asking a question or restate or summarise previous points.
Concealing or not announcing a BATNA isn’t unethical, it is simply a question of judgement, not ethics.
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What does applying an ethics test achieve?
During a negotiation applying an ethics test is an effective way to test whether a negotiation is ethical or not. The ethics test is as follows: “How would I feel and react if the other party did to me, what we are proposing to do to them?”
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When does dealing with differences come to an end?
Dealing with differences in a negotiation comes to an end when each negotiator is confident they understand where each other the other party/s are coming from.
When you understand where the other party’s in a negotiation are coming from, it is much easier to have a realistic expectation of what level of agreement that can be made.
It will help understand what people are really looking for in a negotiation. This can
lead to a lot of revising expectations and priorities.
In fact, a failed negotiation can teach a negotiation to learn a lot about their own negotiation skills and their own situation and position.
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what are helpful behaviours in a negotiation?
Helpful behaviours in a negotiation include being honest with all other parties as this is much more likely to lead to result
* Tentative proposals
* Other-directed proposals
* Asking Why?, What if? And Why Not?
* Open responses to questions
* Checking understanding
* Summarising
* Restating
* Reflecting
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What are unhelpful behaviours?
On the other hand lying to other party’s is unethical and illegal and will lead to not having a result in a negotiation.
* Firm proposals
* Implications not spelt out
* Justifying proposals
* Interrupting
* Criticising
* Being in a hurry
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What are methods to control tension?
A helpful skill in negotiation is understanding and managing tension. A few methods can be to talk about common ground, have a quick break, stick to talking about facts and if possible potentially changing personnel.
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Distributive bargaining
* Also known as ‘zero-sum’ or ‘win-lose negotiations’
| * A negotiation technique used when multiple parties are trying to distribute something, e.g. Money.
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when does distributive bargaining occur?
```
• Occurs when a fixed amount of assets or resources are to
be divided (such as between a management and a union) in situations where there is no understanding between the negotiating parties on the major issues
```
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Dual concern model
Assumes that parties’ preferred method of handling conflict is based on two underlying dimensions
• Assertiveness and empathy
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Differentiation - the process dimension
* The second part of four different aspects relating to differentiation
* Issue
* Process
* Action
* Outcome
* The process dimension refers to defining what you are trying achieve to resolve the related issue
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Calculus based trust
where parties trust each other as they will both benefit
| Weighing up consequences of trusting
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Identification Based Trust
relationship orientated. Based on understanding of other party and their expectations
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Situation specific trust
depends on what we are trying to achieve
• If single transaction negotiation use calculus based trust
• If future relationship is to be built use Identification based trust
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Information exchange strategies
* Be specific about how information will be exchanged
* Write down the questions you need to ask the other party
* Plan to or not to share information the other party requests
* Listen carefully to their presentations and statements
* Ask open ended questions
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Cautious information exchange
* Information provided and withheld early in negotiations usually present the party’s situation in a favourable light
* Reciprocity can be the first step to generating information exchange
* Being cautious can be beneficial, but amount of information shared should steadily increase with build up of trust to reach a solution
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can personality be used as a tactic in negotiation?
Yes. A typical personality tactic would be to get the other negotiators annoyed, lose their tempers and so then reveal some critical information or make an unwarranted concession. However, negotiation is both two-sided and messy. The hoped-for results of any tactic are not guaranteed.
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Who often uses overly competitive tactics?
Negotiators who believe they are in a strong position often use overly competitive tactics (Crott, Kayser and Lamm, 1980 )
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What is the best strategy for negotiators in managing deliberately competitive tactics?
The best strategy for negotiators is to engage in integrative bargaining first to increase the size of the pie and then distributive bargaining to get as much of the larger pie as possible. They also note that as well as being the best strategy, it is also the most difficult! This therefore suggest that negotiation is a sequence of cooperative then competitive tactics.
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Constituency
“A constituent is someone or a group on the same side of the negotiating party but who exerts an independent influence on the outcome through the principal negotiator, or to whom the principal negotiator is accountable”
Constituency negotiations is a negotiation between people who have been elected by a group of voters to represent them in the negotiation, basically acting on behalf of others. Which are called the constituents: rather than for oneself. In these situations, negotiators can find themselves acting as a bridge, spanning the two sides and forming a channel of communication and accommodation.
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Most fundamental point about constituency
The most obvious and important point about the presence of constituencies is that there will be three negotiations, not just one
In addition to the negotiations across the table between the parties, there will also be negotiations within each party. The power/authority given by the constituency to its representatives is important. Then there will be another negotiation within the teams as each team prepares to meet the other. “Intraorganisational bargaining”
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How/why do separation in constituency negotiations occur?
Separation in constituency negotiations can occur. The changing dynamics between the joint negotiations and the constituency can be viewed in terms of cohesion and separation ( Figure 9.4 ). At the start of the negotiations the constituency and their representatives will be as one, solidly behind the position being put to the other party.
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How do females react to negotiations?
It is important to note; Female negotiators seem to react less to statements which might trigger an emotional response (typically anger or frustration) because they view negotiation in relationship terms, emotion being part of a relationship (Schroth, Bain-Chekal and Caldwell, 2005 ). For male negotiators, emotion gets in the way of fixing the dispute and so they react to it more.
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Sources of power
1. Expert knowledge
2. An ability to reward or punish another
3. One's position of authority or respect conferred by others
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Forms of power
a. Referent Power
b. Coercive Power
c. Bargaining Power
d. Best
Alternative to Negotiated Agreement (BATNA)
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Information exchange challenges via the internet
The internet is a leveller; no one can easily dominate. Even so, dont shout
The length of communication s not constrained
There are fewer social protocols; it is not so easy to have a social warm-up
Bad grammar, compressed words, etc. are acceptable, but they usually lead to mistakes and misunderstandings
Interactions are interpreted more competitively. The essence of email is its immediacy so we dont read it properly; we just reply. Delays in response increase out frustrations. There is a risk of messages going elsewhere
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Individualism
Degree of self-reliance rather than reliance upon other. This flows through into confident in making decisions, in the ability to get things done and in assessing success or failure.
Individualism is often concentrated with collectivism, which places an emphasis on subordinating one's position within the group; this flows through into behaviour within the group and towards the out group
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Power Distance
Level of acceptance of inequality as legitimate. This flows through into how relationships are organised, decisions are made and power is exercised
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Temporal Perspective
Attitude towards time-short or long-term perspective. This flows through into evaluations of situations and issues, and influences how tasks might be approached.
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What does the modified Dual Concerns Model suggest?
The modified Dual Concerns Model suggests that a negotiator should, on
the one hand, take account of the importance of the outcome and on the other, be concerned with the importance of the relationship.
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The choices of issue strategy
* Contend
* Concede
* Clear-cut compromise
* Create compromise
* Walk-away
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What factors need to be considered when being strategic?
* The importance of issue to self
* Concern for the other’s outcome
* Expectation of other’s strategy
* Time pressure
* Quality of alternatives
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What is involved in being strategic in negotiation
```
Having clear, considerable goals
• Be constantly aware of options
• Make a considerable analysis before you decide
• Consider changing the context
• Reviewing the course of action
```
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What can competitiveness lead to?
Sometimes negotiators become competitive due to the increased uncertainty, such as unexpected issues, or being wary of showing weakness.
This causes negotiators to close down and be more defensive, which conveys an impression of competitiveness, to which the other party reacts accordingly.
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How to manage the tough stance negotiator
Apply the tit-for-tat strategy
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How to manage Gamesmanship and other tactics
Check your BATNA; restate your main points
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How to manage the good cop bad cop rotine
Let it run, then call it
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How to manage the bluffing and deception
Stand firm on the issue; ask questions
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How to manage the The cooperative inviting negotiator and ingratiation
Focus on the issue, not the relationship
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Things to avoid during negotiation
* Talking in big-picture generalities, saying nothing definite
* Saying what you want but not why you want it
* Repeatedly emphasising the common interests (this is an irritation)
* Interrupting the other party
* Being judgemental about what the other party says
* Telling the other party what the outcome is going to be
* Making threats, particularly ones you can’t implement
* Imposing a false deadline
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Types of mediation
1. Expert advisory
2. Settlement
3. Facilitative
4. Wise council
5. Tradition-based
6. Transformative
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Facilitative mediation
helping the parties through the process
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Evaluative mediation
Provides their assessment of the parties’ positions.
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3 broad categories of mediation
Neutral – Not to take sides or to tell parties’ what to do but just help them keep talking.
Evaluative – Tell the parties the strength and weaknesses of their case.
Pressing – Be the devils’ advocate and put pressure on the parties to compromise.
(Evaluative and Pressing are more successful)
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3 ways to handle inaccurate information
Prevention, Diversion and Detection
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Prevention in handling inaccurate information
To deter the other party form providing inaccurate information.
- Be honest with yourself
- Be obviously prepared
- Ask questions
- Do not rush the negotiation
- Take notes
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Diversion in handling inaccurate information
When the other party asks a question you are not ready to fully answer
- Ask questions
- Restate the main points
- Summarise
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Detection in handling inaccurate information
When you think the other party is providing less than accurate information
- Dont automatically assume that the information is not true
- Dont respond competitively
- Seek repetition or clarification
- Present your understandings
- Seek time to confirm
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How can deadlocks in negotiation emerge?
clashing egos, time constraints, lack of cooperative behaviour, looking at smaller issues rather than the bigger picture.
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What is important with deadlocks in negotiation?
* It is important to recognise not all deadlocks are a bad thing as it is an opportunity to reconsider and can potentially provoke further progress. Could be through informal communication if conducted in an appropriate manner.
* Also important to be cautious of deadlocks as some negotiators use them in a competitive manner in hopes the other party will be forced into a corner and make a concession
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dealing with threats
* Threats early in a negotiation does not show much respect, nor does stating you have an alternative and the other negotiator doesn’t. This creates a more competitive response and does not bring any advantages to the table
* Although threats which do occur are more effective in the end game
* Important to note that if a threat is made, this negotiator will have costs associated with implementing it
* If a threat is made it is sensible to ignore it but to be aware of those implementation costs
* However if threatened a second time, bring these costs up then continue to make your points
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Mediation diamond
Imagine a diamond
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Intake sessions to set up the mediation
Mediator's opening statement
Parties opening statements
Summary and agenda settings
Exploring the issues
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(Middle of diamond)
Private meetings
Generating options
Negotiation
Agreement and closure
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Three useful questions to ask in negotiaiton
Issue: What is this really all about
Process: What is going on here?
Action: What do I do next?
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Behaviours associated with cooperative negotiations
Negotiation is a mix of competitiveness and cooperation, and also is an indication of trust. However, a negotiator can not reap the benefits from true cooperation, as they are not getting 100% of what they want.
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The prisoner's dilemma
Cooperation v.
Competition
The prisoners dilemma situation is described in terms of cooperation. It is the choice that would maximise joint benefit, implying trust and defection which maximises own trust which implies no trust.
§ In negotiations, this principal is most applicable in the End-game, as each negotiator makes a decisions to maximise individual beneficial outcomes or the consideration of information exchange to seek a mutual benefit.
§ This is a tit for tat relationship where reciprocity defines the added value for the agreement.
§ In a mathematical perspective, Fells analysis can be displayed in the following manner; see slide 107
§ It can be seen that the most gain is achieved when both parties display trust.
§ If one party provides information and the other doesn't’t reciprocate the benefit is one sided
and future relationships maybe impacted.
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High individualism (individualism)
Draws on own motivation, own reasoning
Can achieve mastery over events
Events (outcomes, achievements, mistakes) attributable to the individual.
Expressive of attitudes, opinions
Acknowledges the presence of conflict; will actively seek to resolve the difference and move on
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Low individualism (collectivism)
Draws upon contextual support in decision-making and action
Tendency to be fatalistic, accepting
Events attributable to the context.
Passive, inscrutable, not willing to appear different from the group
Expresses disagreement only indirectly; prepared to let a difference sit
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low power distance (egalitarianism)
Hierarchy present, but not overt, more egalitarianism
Has a sense of empowerment; able to contribute to decisions
Authority is recognised but may be challenged
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high power distance (hierarchical)
Hierarchy strong and visible
Power to make decisions is at the top
Authority is deferred to
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Short term temporal perspective
The future is bigger and better
Early returns are valued more highly
Conscious of emerging difficulties or downsides and will want to address them
Linear perception of processes or approach to a task
Focused on the immediate task; action-oriented
Conscious of time - time is money; tendency towards the monochronic (punctual, agenda-driven, one task at a time)
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long term temporal perspective
```
The future is shaped by the past
Longer-term benefits are more important
Less impacted by pressing downsides
Circular view of processes
Discontinuous, fuzzy action
Not impacted by time, tendency towards the polychronic (operates by rubber time; engages in multiple tasks).
```
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Tit for tat strategy
The power of the tit for tat strategy is it emerged relatively unbeaten when tested in a repeated dilemma game. The essence being that a negotiator matches what the other has just done. If someone provides information (positive)
then a virtuous cycle is established and negotiations progressed. If one person provides information and the other person doesn’t it puts the
person who initially shared the information in a difficult position, having them to encourage cooperation by providing even more information. Which sometimes results in looking ‘weak’. The correct response in a tit for tat strategy would be to provide no additional information resulting in a deadlock. Negotiators will realise no progress can be made like this so in turn they must adopt more cooperative strategies to reach an agreement.
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Recognising an emerging critical moment
Recognising the depth of feeling held by the other party is an important skill. The signs may be an increase in tension; (sharper voices, more interruptions, dismissive comments and sighs of exasperation) all signs of emotional pressure building leading into a critical moment. Negotiators use these emotional outbursts as a tactic because they recognise the issue with the other negotiator. Being able to recognise these critical moments helps in your future proposal and moving the negotiations forward. As the other negotiator is so concerned with the topic they could go off track or be so intent on contending that nothing gets agreed upon. Realising where the conversation could be potentially headed and keeping it on track is positive for the course of the negotiation.
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ASSESSING THE REALATIONSHIP FACTOR
* Build a working relationship with the other party’s negotiators, even when disagreeing with them
* Be clear on what sort o relationship – and between whom – is needed to properly implement the likely agreement.
* Check whether you are being drawn into negotiating the next agreement rather than the present one.
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quality of alternative
* A good alternative puts a negotiator into a stronger position, but negotiation is two-sided and a strong alternative can only be good if the other party has a weak one.
* If both parties have good alternatives they tend to see the prospect of a better outcome through continued negotiation, and they pay greater attention to each other’s needs. Further reciprocity develops through information exchange & as a results integrative agreements are achieved.
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DNA of Negotiation
reciprocity, trust, power, information exchange, ethics and outcome
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Positive reciprocity
* Perpetuates a cycle of trust
* The level of trust is matched by both parties
* If the flow of information isn’t reciprocated the best option is to follow suit and avoid giving up too much information in order to foster a trusting dynamic.
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Negative reciprocity
* Over comital may indicate weakness
* Be friendly / be cooperative
* Be firm and match behaviors
* Forgive where necessary
* Facilitate dialogue and a positive discourse
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HOW TO HANDLE SUGGESTIONS CONSTRUCTIVELY AND WHY IT MATTER
Keeping cri ticism to a minimum wi l l enable an open environment
It would not be realistic to assume that negotiators would be free from criticising – particularly when they are representing someone else
clarify what has been proposed
This gives time to figure out the implications as well as an opportunity
for reflection upon the proposal
When disagreeing wi th proposals, give the reasons first
When a proposal is made help unpack i t by:
1: Not completely saying no to the option, even if you do disagree with it
2: Finding an aspect of the proposal and discussing what it would mean for both parties as well as a reminder of what your interests are.
3: Leaving the proposal and revisiting it later rather than accepting or rejecting it
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Behaviours associated with competitive negotiations
If the other negotiator intends for you to make an opening offer, this is not as cooperative as it may seem as they will spend the rest of the time discussing why it is not worth that.
If not ready for this, ask more questions and summarise dif ferences
You are not obligated to make concessions when the other party may be coming across as friendly, although they may just genuinely be being nice.
It is not entirely effective to close down and get defensive as some actions convey the impression of competitiveness which makes the other party mirror it. This can be said for competitive behaviour as well.
Wearing down the other negotiator with aggressive tactics is not recommended. This will usually start with an extreme opening offer.
Other common tactics include
Tough stances, gamesmanship/unsettling, good cop bad cop, bluffing/deception as well as the cooperative inviting negotiator and ingratiation
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The Grit Strategy
- The GRIT strategy - graduated and reciprocated initiatives in tension reduction
- A party seeking to break the deadlock will first outline intentions (foreshadows plans to take firm action against the other party, a number of conciliatory gestures)
- Relies on the other party responding positively - resulting in successive cooperative moves, converting competitive reciprocation to cooperative reciprocation
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The central dynamic of negotiation
the tendency of one person to match what the other is doing - how we relate to each other, considers context, personality traits, etc.
- Reciprocity is the ‘crude law of social relationships’
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Reverse reciprocation
increased cooperation and friendliness - more smooth proceedings and establishes healthy relationships
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Effective listening
Tendency is to prepare for what is going to be said - results in ineffective listening without hearing
212
"to listen"
- involves suspense expectation that there is more to come (Bolton, 1986)
- Involves being attentive, encouraging the other person to keep talking, and reflecting on what they have said
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‘Listen with all four ears’
what is being said, what is not being said and what the person is trying to say but isn’t and more unexpectedly what listeners are saying to themselves as they hear what is being said (McClendon, Burke and Willey, 2010)
- ‘What is not being said’ - importance placed on one point, with reluctance to address other point
- ‘What listeners are saying to themselves as they hear what is being said’ - making judgments, anticipating following points, and preparing how to reply
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Listening vs. interruption
interruption could trigger defence-attack spiral to develop, too much involvement could result in information shared that shouldn't have been, listening and hearing their own pitch could prompt the realisation of unreasonableness
215
Take notes during and checking
Take notes during negotiation and check everything during closing stages - possibility of separate note taker - important due to complexity of common negotiation dialogue
216
Uncertainty Avoidance
The degree to which people in a country prefer structured over unstructured situations. Structured situations are those in which there are clear rules as to how one should behave. These rules can be written down, but they can also be unwritten and imposed by tradition. In countries that score high on uncertainty avoidance, people tend to show more nervous energy, while in countries that score low, people are more easy-going. A (national) society with strong uncertainty avoidance can be called rigid; one with weak uncertainty avoidance, flexible. In countries where uncertainty avoidance is strong a feeling prevails of "what is different, is dangerous." In weak uncertainty avoidance societies, the
feeling would rather be "what is different, is curious."
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Masculinity
The degree to which tough values like assertiveness,
performance, success and competition, which in nearly all societies are associated with the role of men, prevail over tender values like the quality of life, maintaining warm personal relationships, service, care for the weak, and solidarity, which in nearly all societies are more associated with women's roles. Women's roles differ from men's roles in all countries; but in tough societies, the differences are larger than in tender ones.
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Long-Term Orientation
Values associated with Long Term Orientation are thrift and perseverance; values associated with Short Term Orientation are respect for tradition, fulfilling social obligations, and protecting one's 'face'. Both the positively and the negatively rated values of this dimension are found in the teachings of Confucius, the most influential Chinese philosopher who lived around 500 B.C.; however, the dimension also applies to countries without a Confucian heritage.
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Ways to deal with interruption
Don’t respond – continue to make your point
Acknowledge – continue and address later
Follow the interruption by referring back to main point
Refer to the ground rules of the debate
Maintain direct eye contact prior to continuing main point
Refer to other negotiators behaviour
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Learning to read a negotiation
A good negotiator should be able to go to the balcony and look down on a negotiated and see what is happening - essentially to stop and think, to see what is really happening and not to get caught up in the moment.
Negotiate over interest, not over positions.
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Negotiation process
➤ Ongoing routine;
➤ Malfunction;
➤ Temporary breakdown (mild);
➤ Temporary breakdown (persistent); and
➤ Total breakdown.
```
It is important to stop and think about what is going on and what to do next:
➤ Reinforce progress;
➤ Corrective action; and
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Why is an open environment important in negotiations
* An open environment is a place in which brainstorming is encouraged.
* In an open environment an idea should be put forward without being criticized and should be accepted as it is.
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How to create an open environment for negotation
* Think on an interpersonal level, but also think on a interparty level. However, their needs to be separation between the two.
* Criticism should be kept to a minimum- let people express their feelings and let them get it out without judgment.
* Allow time for the development and adjustment of ideas and for agreement to take place.
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Some key strategies for creating an open environment include...
* Joint Problem Solving- framing ideas as ‘problems’ not ‘issues’ and keeping the negotiation moving forward to avoid complete ’win-lose’ mind frames.
* Unilateral Problem Solving- creative problem solving within a party in order to provide feedback to the main negotiation table
* Handling Suggestions- a response to a suggestion needs to be a mixed message involving some clarification, some reflections on where the proposal might lead and gently remind the other parties involved in your own interests. State reasons for disagreement first as this has a primacy effect.
