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Negotiating Powered By Docstoc
        Information is Power – So Get It!
          Set Appropriate Goals – in any negotiation, first
           find sufficient information to determine your
           goal(s). Then design a strategy to accomplish it.
          How do you define “success”?
          (1) Goal-setting tips
              a. set “aggressive but realistic” goals
                   - how much is enough?
              b. create positive expectation of achievement
                   - passionate, positive attitude makes a difference
              c. set concrete, specific goals
 Which is more effective:
      “Do the best you can.”
      “Get me $425,000 and a corner office”
      d. Evaluate importance of relationship
      e. Commit yourself by writing down goals
  2) Evaluate other side’s goal(s)

  Get Critical Information – The more you learn about
   what both sides have and will agree to, the better you’ll do.
     What information – for both sides – do you want?
         Substantive Information
              Related facts, issues & opinions
              Fundamental interests underlying positions
              Options that might satisfy interests
         Strategic Information
              Willingness to agree/disagree
              Negotiation styles/strategies – Know thyself and thy

  Information - How to get it?
    Write down information needs
    Psychological Tendency: “The Liking Principle”
       Research: We’re more likely to say yes and share info with
        those we like!
    Ask lost of questions
       Research: effective negotiators ask at least 2.5x questions
        than others.
              1) Use “Funnel Approach” – use open-ended
        questions (leading) “tell me about…..”
              2) Ask WHY! – focus on interests, not positions
              3) Use the “Power of Silence”

  Information - How to get it?          Cont’d

    Answering
       Decide information to disclose
       Decide information NOT to disclose

      Do this before you begin discussions! And revisit
       before every meeting!

  Maximize Your Leverage
    Determine Level of Needs (both sides) – How much do
     you – and they- want it?
    Do the BATNA (both/all sides)
      Best Alternative To a Negotiated Agreement
       Why?
           Tells you when to walk – prevents you from making an
            agreement you should reject.
           Tells you when to sign – accept agreement only if its better
            than your best likely alternative

  Maximize….cont’d
    How?
       Invent….alternatives to take if you don’t/can’t reach
       Convert…better alternatives into practical possibilities
       Select…..the best – and measure other offers against it.
        Employ “Fair” Objective Criteria
          Issue: What is a “fair and reasonable” basis for
           resolving the issues?
             Find objective criteria and standards based on principle,
              not pressure
              (1) Fair independent standards
                   a. Market value
                   b. Precedent
                   c. Scientific judgment expertise
                   d. Professional
                   e. Efficiency
                   f. Costs
                   g. Tradition

    Employ “Fair” Objective Criteria
        Issue: What is a “fair and reasonable”
         basis for resolving the issues?
            Find objective criteria and standards based on
             principle, not pressure
             (1) Fair independent procedures
                 a. One cut, other choose
                 b. Take turns/draw lots/flip a coin
                 c. Use a third party – arbitration/mediation

   Prepare to negotiate over “fair” objective
   Psychological Tendency: “The Consistency
        Research: People have a nearly obsessive desire to be
         – and appear to be- consistent (tip - use the expert the
         other side has previously used!)

  Design an Offer/Concession Strategy
     Issue – What to do regarding timing, speed and size of
      Recognize concession dynamics
          General concession patterns
             Start – big and far apart
             End – small and quick -
             Center movers – go 2nd, let other side go first
              Center Moving Dynamic - be careful not to fall into the
              trap set by efficiency goal.

 HRESSC - High Realistic Expectation and
   Small Systematic Concessions

    Analyze “First Offer” Issues
       Advantages to making first offer
           Sets the focal point
           Elicit genuine reaction from the other party
           Set mandate/range for concessions

  Analyze “First Offer” Issues
      Disadvantages to making first offer
          Lack information to opportunity set it
          Other side gains important info from your reaction
          You are more likely to make first concession and thus do

  Make Convincing offers and concessions
      Be specific and promote air of finality
      Justify with standards
      Sometimes point out consequences – no ranges

  Pre-Plan concession/flexibility strategy
      Evaluate flexibility and agency issues
          Agents concede less per unit time
  Psychological Tendency:
     “The Reciprocity Rule”
     Research: we try to repay – in kind – what others provide to us.
      Justify with standards
      Sometimes point out consequences – no ranges

  Control the Agenda: Substantive &
   Issues: If and when and how subject matters get
     addressed affects your results
    Techniques to Set the Agenda – prioritize which issues to address
     and when
        Use the “Power of the Pen”
            Prepare a written agenda and hand out
            Use whiteboard/blackboard/flip chart
        Use questioning techniques to keep on track
        If necessary – negotiate over agenda

   Recognize Deadlines Dynamics
     Competitive/tense and increasingly fast
      concessions as near end
   Apply “the 3 Ps Principle”
     Perception of Patience Pays
   Apply “The DEF Principle”
     Deadlines: Evaluate Flexibility
 1)   Use a situation – specific approach (generally, two different
      negotiation strategies)

      a) Competitive Negotiations – strategies and tactics to undermine the
      other negotiator’s confidence in his/her bargaining position and
      strength his/her perception of your position
         Examples of Competitive Strategies
                   1. highly reluctant to share information and directly
                   challenges other side’s positions.
                   2. relatively open conflict on leverage issues
                   3. minimal reliance on independent standards and
                   4. extreme initial offer/demand and highly reluctant moves
                   5. overt and biased agenda control tactics
  Ten Common competitive “negotiation games”
       1. power in numbers
       2. First/Firm/Fair/Final – Take it/Leave it
       3. limited authority
       4. overt anger
       5. seemingly irrational
       6. context manipulation (time/location/setting – home court)
       7. threats and warnings
       8. flattery
       9. good/bad cop
       10. “the nibbler”
  b) Problem-Solving (PS) Strategies – strategies
  focused on building trust, relationships and relatively
  open communications that enable parties to jointly
  work to find mutual solutions to problems
      1. Examples of PS strategies
             - actions and atmosphere confirm trust and valued
             relationship, and relatively openly share information
             - leveraged downplayed – but still there
             - overt reliance on objective criteria
             - reasonable offered and principled concessions
             - mutually agreeable agenda and agenda control

 c) Factors Affecting Negotiation Strategy
       - Value of future relationship –
                The more you see potential interests satisfied with a
                future relationship, the more likely you should use a
                PS approach.
       - Number of interests and issues
                As the number of interests and issues increases, so
                does the likely success of a PS approach
       - Creative option-generation/non-zero-sum potential
       - Will they problem solve?
 2. It Takes Two to Tango
   Issue: What if you want to problem solve, but the other side
   engages in competitive tactics?
        - can’t problem solve alone – you’ll potentially get

   How to get Past No…
     Don’t React: “go to the balcony”
         Prevent action/reaction emotional escalation
         Refocus on your fundamental interests
         Separate people and problem
 Don’t Argue: Step to their side
      Defuse their negative emotions (defensiveness, fear, suspicion,
      How?
          Listen respectfully
          Acknowledge legitimacy of points and feelings without agreeing
 Don’t Reject: Reframe
      Reframe their position as an attempt t problem solve. Ask why?
 Don’t Push: Build a golden bridge
      Bridge the gap between their interests and a mutually beneficial
      Show how it’s in their interests to agree to….
 Don’t Escalate: Use power to educate
       Don’t use threats and coercion – educate them to
        consequences of their approach
       Focus on process and objective criteria
 Top Ten Impasse-Breaking Strategies
    1. get more info – data gathering and sharing
    2. switch objective criteria
    3. brainstorm options
    4. set deadlines
    5. temporarily switch issues
    6. take a break
    7. prioritize needs and interests
    8. move up the chain – speak with their decision-makers
    9. list potential gains/losses
    10. bring in third party (mediator, arbitrator..)

 If Nothing works, engage in competitive strategies

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