The art of negotiating successfully is completely interchangeable with the art of bargaining successfully. The key is to search for solutions where all parties involved are attempting to reach mutually acceptable agreements. This requires negotiators to be spontaneous and open. The ideal or quest is for each negotiating party to strive to achieve what is commonly referred to as a Win-Win objective, a resolution where all sides of a complex issue come away at least partially satisfied. Unfortunately, every negotiator does not subscribe to this line of thought and the bargaining process often becomes a difficult exercise, one in which high-pressure tactics enters. This is where unskilled negotiators tend to lose the game. Natural abilities to wheel and deal certainly offer advantages, but the simple fact of the matter is good negotiating is a skill most people can acquire. The key to being a good negotiator merely requires sound preparation, a rational outlook, and a calm-focused approach. Something every negotiator should start with is the basic comprehension that a conflict is simply a difference of opinion; this occasional phenomenon is certainly nothing to be intimidated by. Eventually, all conflicts reach a point in which neither side is getting any closer to achieving their goals and in which no one is happy with the situation. It is at this juncture where potential negotiators come to realize the cost of continuing the struggle exceeds the potential benefits to be gained with a bargained settlement. So therefore a conflict is most often a golden opportunity for gain in disguise. Conflict with in itself does not have to be a negative, it is merely a difference of opinions and desired outcomes. Conflict is only perceived as a negative when human emotions hold sway and block agreements with binding solutions. Successful bargaining requires a deep comprehension of a science referred to as Shadow-Negotiating, a complex and subtle game negotiators engage in before they get to the bargaining table and continue to observe during the negotiating rounds. Shadow negotiating does not determine the What of the discussion, but more so the How. It determines which interests will hold greater sway, rather the conversations tone will be adversarial or cooperative, and whose opinions will be heard. In short, Shadow- Negotiations determine how bargainers deal with each other during the negotiating process. Within the realm of comprehensive negotiations, Conflict often has a productive affect leading to positive-psychological development and improved bargaining skills for both sides of the dispute and all parties involved. Conflict is most often defined as a state of disagreement between two or more individuals or groups over an issue of shared interest. It may arise between two or more individuals or parties when an individual or a group feels that the actions of the other will either affect its interests adversely or obstruct the achievement of its targeted goals. It may also emerge when the goals of the disputing individuals and/or parties differ significantly, are interpreted differently, or the basic values and philosophies of the disputing individuals and/or parties are different. Comprehensive negotiations are facilitators to positive-psychological development because they are a process in which one party agrees to exchange something of mutual value with another party in return for something also perceived to be of mutual value. For example, within a corporation, government agency, or a service organization of some sort, collective bargaining between labor unions and management are very common. Management often agrees to increase the wages and/or benefits of the employees based on the condition that workers improve their productivity. Thus, the extent to which resources are shared and tasks are completed are directly interdependent. For a greater sharing of resources, it is interdependent that employees accelerate their rate of completing work-related tasks. Vice versa, if an employer wishes to increase the rate of productivity, they must be willing to share a greater portion of the company’s resources. As simple as this sounds and as bright as people are professed to be, often, the human mind can’t seem to grasp or accept this basic reality. Most people initially believe that Conflict is bad or dysfunctional. This belief has two aspects: first, that Conflict indicates something is wrong, and, second, that Conflict creates largely destructive consequences. The first inclination is to search for sneaky-underhanded methods around the situation, we resist the conditions of the reality but ultimately business-maturity sets in along with positive-psychological development and improved bargaining skills that accompany the negotiating process. To reach such a resolution requires a positive-psychological development by both sides allowing for recognition that it is impossible to control the other party. A we versus the problem outlook takes the place of a we verses them attitude, as both parties take on a firm commitment to reach a resolution. This leads to a recognition of linkage between one side’s goal and satisfaction with that of the other party. Thus, mutual-gain is viewed as actually being attainable. Recognizing each side’s position enhances the practice of approaching a problem with the Win/Win perspective and seeking various approaches increases chances for a lasting agreement. From this illumination, it doesn’t take each side long to realize that short-term approaches focus only on immediate problems. Where as long-term approaches seek good relationships. Thus, positive-psychological development and improved bargaining skills are brought to fruition, through the realization when both tasks of resolving problems and building relationships are mutually considered. It is not only beneficial, but critical for parties in a integrative negotiation to know and share their BATNAs ( Best Alternatives to a Negotiated Agreement ) because the art of collaboration is a process of creating new, more effective power-relations in order to bring about desired change. It is absolutely imperative to address problems, not people or their personalities and negotiators must always avoid the tendency to attack opponents personally even when they are attacked. To do so requires a constant focus on the big picture, their targeted goals and objectives. A critical element in negotiation is to acquire a understanding of the other sides underlying interests and needs. By probing and exchanging information, we can find the commonalities between us and the other side with the intent to minimize the differences that seem to be evident. Understanding these interests is the key to integrative bargaining. Often negations fail because both parties fail to see the value and necessity of the integrative-element in the bargaining process. Negotiators need to be vigilant about their best alternatives to a negotiated agreement. They need to know that their BATNA is relative to a possible agreement and work to improve it so they may consciously improve the deal. To fail to do so often leads to settlements that are unsatisfying. Simply put, any good negotiator will know when his or her opponent is desperate for an agreement. When that occurs, he or she will demand much more, knowing his or her opponent will have to give in. On the other hand, if the opponent apparently has many options outside of negotiations, they are likely to get many more concessions, in an effort to keep them at the negotiating table. The Fields of Neuroscience, Medicine, Psychology, and Management all conclude that emotions and interests are not just matters of the heart, but are also results of brain-biochemistry. I believe we can safely conclude, making one’s BATNA ( Best Alternatives to a Negotiated Agreement ) as strong as possible before rounds of negotiating, and then making that BATNA known to one’s opponent, will only serve to strengthen one’s negotiating position. A negotiator must remember more complex situations require the consideration of a broader range of factors and possibilities. A good negotiator must develop a list of actions that he or she might conceivably take if no agreement is reached. He or she must also improve some of the more promising ideas and convert them into practical options. Finally, he or she should select, tentatively, the best option that seems to fit best. Most importantly, a good negotiator must consider the alternatives available to the other side. Often the other side may be overly optimistic about what their options are. The more one can learn about the other side’s options, the better prepared he or she will be for negotiation. He or she will be able to develop a more realistic view of what the outcomes may be and what offers are reasonable. A good negotiator remains focused on his or her objectives established before entering the bargaining process. A good negotiator does not allow him or herself to be rattled by high-pressure tactics because a good bargainer understands such tactics are used by Bluffers who are Bullies for the most part. Bullies prefer to torment other people through verbal harassments, blackmailing, and/or other more subtle forms of coercion such as manipulation. The bargaining process affords such individuals a stage to which to carry out their non-productive games. Their main objective is to intimidate and push others around. Bullies often use the negotiating table to feed their own sense of insecurity by demonstrating their false self-assessment of superiority to well meaning people, by bolstering their own status, capabilities, competency, knowledge and/or experience. Skilled negotiators know how to detach themselves emotionally from the given circumstance and try to look at it objectively while simultaneously searching for viable solutions. Skilled negotiators fully comprehend that there simply is no room for arguing, yelling, sarcasms, or antagonizing in constructive rounds of bargaining discussions. Such tactics are usually the approach of one-dimensional negotiators. Presenting outrageous demands and displaying irrational and/or abusive behavior is how such individuals or even negotiating teams usually get what they want. Skilled negotiators know how to sidestep such actions and counter by stirring the discussion back to the salient issues at hand with in the framework of a realistic agreement. This, however, can only be successfully achieved when skilled negotiators effectively plan and prepare in a way that allows them to anticipate how the bargaining discussions will proceed, where potential obstacles will arise, and what information they will require from the other side can be pre-determined before the negotiation process actually commences. Here are some excellent books and websites Ive enjoyed on the subject matter and I suspect can be of great benefit... Allison, Elaine., ‘ Understanding how Personality affects Negotiating ‘, American Agent & Broker. St. Louis: Mar 2006. Vol. 78, Iss. 3; p. 72 (6 pages) Barry, Bruce; Lewicki, Roy; Saunders, David, ‘ Negotiation ‘ ., McGraw Hill, New York, N.Y., 2006, Revised Edition Craig, Tera, June 3, 2002, How to Influence People , on-line Personnel Today, London, U.K. proquest.umi.ezproxy.umuc.edu/pqdweb?index=74&did=1512476201&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1216920724&clientId=8724 , Accessed date : July 12, 2008 Clouse, Carol J., May 12, 2008, Out of Options: ResCap bondholders arent happy, but they dont have an abundance of choices , on-line Investment Dealers Digest, New York, N.Y. proquest.umi.ezproxy.umuc.edu/pqdweb?index=123&did=1477005211&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1216921399&clientId=8724 , Accessed date : July 11, 2008 Davis, Linda M., ‘ Winning-Negotiations need not mean the Winner takes all ‘, Communication World. San Francisco: Aug/Sep 2003. Vol. 20, Iss. 5; p. 12 Demers, Julie., ‘ Negotiating Skills Can Be Learned ‘, CMA Management. Hamilton: Nov 2002. Vol. 76, Iss. 8; p. 33 (3 pages) Elmer, Victoria., ‘ Surviving the Salary Negotiation Minefield, How to Say What You are Worth and Get Them to Pay It ‘, The Washington Post. Washington, D.C.: Sep 30, 2007. p. K.1 Ferraro, Carmela, July 12, 2008, A Different Kind of Herd , on-line Financial Times, London, U.K. proquest.umi.ezproxy.umuc.edu/pqdweb?index=12&did=1509283171&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1216920250&clientId=8724 , Accessed date : July 15, 2008 Fournies, Ferdinand F., ‘ Coaching for Improved Work Performance ‘ ., McGraw-Hill Books, New York, N.Y., 2000. Harowitz, Barry, April 28, 2008, Win, Lose, or Draw , on-line Journal of Commerce, New York, N.Y. proquest.umi.ezproxy.umuc.edu/pqdweb?index=167&did=1469313271&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1216921953&clientId=8724 , Accessed date : July 16, 2008 Kymlicka, Will., ‘ Contemporary Political Philosophy ’ ., Oxford U. Press, Oxford, N.Y., 2002, 2nd ed. Lancaster, Hal., ‘ You have to Negotiate for Everything in Life, So Get Good at It ‘ , Wall Street Journal (Eastern edition). New York, N.Y.: Jan 27, 1998. p. B.1 Mappes, Thomas A., Zembaty, Jane S., ‘ Social-Ethics, Morality, and Social-Policy ’ ., McGraw-Hill, New York, N.Y., 2002, 6th ed. Sorkin, Andrew Ross., ‘ The Biggest Buyout Ever Could Have Been Bigger ‘, New York Times (Late Edition - East Coast). New York, N.Y., Feb 11, 2007. p. 3.8 Sterrett, Emily A., ‘ Emotional Intelligence ‘ , HRD Press, Amherst, Massachusetts, 2001 Schaefer, Richard T., ‘Sociology ‘ , McGraw Hill , New York, N.Y. , 2005, 9th ed Tyler, Kathryn., ‘ Good Faith Bargaining ‘ , HR Magazine. Alexandria: Jan 2005. Vol. 50, Iss. 1; p. 48 (6 pages) Vuorela, Taina, Jan 31, 2005, Laughing Matters, A Case Study of Humor in Multicultural Business , on-line Negotiation Journal, New York, N.Y. proquest.umi.ezproxy.umuc.edu/pqdweb?index=5&did=858889331&SrchMode=2&sid=7&Fmt=4&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1216923116&clientId=8724 Accessed date : July 16, 2008 Ury, William., ‘ Getting past No, Negotiating your way from Confrontation to Cooperation ‘ ., Bantam Books, New York, N.Y., 1993, Revised Edition
Posted on: Thu, 13 Mar 2014 12:43:26 +0000
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