Negotiation — Free Article

The How, Why and What of Negotiating Successfully

 

Positions are the HOW of each negotiation. They are the specific actions, agreements and outcomes desired by each party and explained at the beginning of each negotiation. Positions can be the most flexible and most creative part of the negotiating process. They are meaningful only insofar as they address real issues. But sometimes people can get locked into the position they have taken and miss the opportunity to find a genuine winning solution. Have you ever heard a line like this before? It is a classic:

 “We have to have at least a 5% concession on the price or there is no reason to continue this conversation.”

 Interests, on the other hand, are the WHY of each negotiation. They define the reason we are negotiating in the first place. Interests usually arise from each person's values, belief systems, important goals, or perceived needs.  Interests are NON‑NEGOTIABLE – that is, people are entitled to their own needs, whether they make sense to us or not. However, the ranking of one particular interest among other interests may change according to the need of the moment. The point is, a person may take up a position, and protect it vigorously, but probably only because he hopes the position will fulfill an interest or meet an important need in his life. Parents, have you ever had this conversation? 

Mom: Jeanette, we already have plans to visit Aunt Jill this weekend. I’m afraid you will have to miss cheerleading practice this once.

 Jeanette:     MOM!!! I absolutely MUST be at practice on Saturday. Miss Clifton is making final cuts on Monday and I will just die if Stacy and Autumn make the squad and they leave me out. I just won’t go, I won’t!

 See, Jeanette took a position – she was not willing to take a family trip. But her interest – her need – was to belong. She didn’t want to lose the chance to share an important experience with her friends. Under every strong position is an interest or desire to meet a need. Remember that. We are all just people. We all have needs

 And that brings us to issues. Issues are the WHAT of each negotiation. They are tangible items that a person believes must be distributed, acquired, or otherwise dealt with in order to resolve a conflict. Issues are measurable and negotiable. Identify the key issues, and you can jump start a stalled negotiation. Let’s check in again on the Jeanette’s crisis.

     Mom:         Now, calm down honey. Tell me again what time the practice is going to be.

    Jeanette:         Mom, I told you TEN times it starts at 9 on Saturday morning and Miss Clifton says we won’t be done before noon.

    Mom:         Well, if you got all packed before you left for the practice, we could pick you up at noon and leave straight for Aunt Jill’s house. I bet we could still be there by 3:30. I know she won’t mind if we are a few hours late. We will just have to stay up later to get our Scrabble game in.

    Jeanette:     That would work great! Thanks, Mom.

 And there you have it. In a Win-Win negotiation you may start with positions, but make an effort to identify the interest or need that is driving that position. Then work with the external issues until you find a way that addresses the needs and interests so that everyone comes out happy.

Work towards finding common interests, uncovering opposing interests and exploring differing interests. Try to find out why they take a certain position. Why won't they accept your point of view?  Are their interests in conflict with yours?  Realize that there will be a multitude of interests present in the negotiations. Talk with the other party about each other’s interests in specific terms so that each party has a clear understanding of the interests at stake. Remember to work towards solving the problem and allowing yourself room to be flexible. Above all, while focusing on the interests, remember to be hard on the issues and soft on the people. Commit yourself to your interests, but be open to the other party's point of view as well. This is what Win Win negotiating is all about.


 


 


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August Negotiation Quick Tip of the Month – Keep Your Cool

There is no doubt that negotiations can by high pressure, high stakes affairs, which, in turn can increase the possibility that we will experience stressful emotions. It also doesn't help when the other party hits you with a few tactics to increase the pressure on you. Once you lose your cool and start negotiating emotionally, you are bound to make mistakes that could hurt the outcome. For this reason, learn to practice some kind of stress reduction or relaxation techniques that you can use during the negotiation. Deep breathing exercises are often very helpful in such situations, because you can practice them quietly without being noticed, and they really do help regulate your anger response. If the stress gets too intense, call a time out and go some place where you can be alone and unwind for a few minutes. Above all, you must not let your emotions dictate your responses. Speak slowly and carefully, keep your voice in a calm range, and stay focused on the issues and interests involved. Calm, clear thinking negotiators always have the advantage.

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