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DIRECT METHOD OF NEGOTIATION, DON'T NEGOTIATE BASED ON POSITIONS -…
DIRECT METHOD OF NEGOTIATION
PEOPLE: Separate the people and the problem
We have a hard time communicating clearly
Emotions are intermingled with the objective merits of the problem
The egos or conscious part of people identify with their positions
People observe the world from our personal point of view that often confuses perceptions with reality
Misunderstandings can reinforce the prejudices produce reactions
Before starting to work on the underlying problem, it must be identified and solved separately from personal problems
INTERESTS: Focus on INTERESTS, not positions
In order to reach a prudent solution, we must focus on interest, not positions
When we focus on positions, we often reach an impasse
The problem is a conflict between needs, desires, worries and fears from the parts. Those are the interests which motive people
Positions are something decided, but the motive behind are interests
Example:
Positions: Israel wanted to keep part of Mount Sinai. Egypt wanted full sovereignty over Sinai.
Interests: Israel interest was security by not having Egyptian troops on Mount Sinai. Egypt interest was sovereignty.
Solution: Egypt gets to keep Sinai territory with the condition to demilitarize it.
Why it is effective?
There were many positions that could satisfy the same interest.
There are many interests behind the positions, not only those oppose each other-> There could be shared interests or maybe different but compatible ones.
It is possible to reach an agreement due different interest
Example: The shoemaker prefers my $30 over keeping the pair of shoes. I prefer having a pair of shoes over my $30.
How to identify interests ?
Interests can be implicit, intangibles or inconsistent
Ask “Why?”
The best form to identify the other part interest is by analyzing why they are taking that position
Think about your counterpart options
Analyse what they might think you want them to do
Explore their possible reasons to take that position
Analyse the consequences
Don’t try to be 100% precise. It’s not math, is a human decision
Communicate your interests
There is a higher chance to satisfy your interest if you explain them to the other part
Be specific, use details to cause an impact
Avoid suggesting that the other part’s interests are not important or legit
Acknowledge both part’s interests as part of the problem
Explain the problem before your solutions
Focus on future goals
Be flexible, but not too much. Focus on interest so your flexibility doesn’t put you in disadvantage
Separate the people from the problem. Be hard with the problem, but kind with people
THE OPTIONS: Invent options for mutual benefit
In most negotiations there are four main obstacles that prevent the invention of a large number of options:
1) premature judgments:
It is not easy to invent options. The normal thing is not to invent them
Don´t invent options in which you reveal information that may weaken your position in the negotiation
Judgment inhibits imagination
Practical negotiations require practical thinking
2) the search for a single answer
Most people think that invention is not part of the negotiation process
If the only best answer is sought from the beginning, it is likely that a more prudent decision-making process is being avoided
3) the assumption that the cake is of a fixed size
Each party feels that the situation is essentially all / or nothing - either I get what is under discussion, or you get it
Obstacle: each party cares only for its immediate interests
Solution: Find a solution that is also attractive from the other party's interests point of view
Short-term interest can lead a negotiator to adopt biased positions, biased arguments, and unilateral solutions
4
) the belief that "the solution to their problem is theirs."
To invent creative options, you need:
2) expand the options under discussion instead of looking for a single answer
Multiply the options going from the specific to the general, and vice versa
Create a circular diagram
Steps to create the circular diagram
What is the problem?
Analyze the problem
Focus on the strategies
Generate Ideas for the action
3) seek mutual benefits
Identify comun interests
Inventing an idea that has common interests in mind is good for you and good for them
Common interests are opportunities
Insistence on common interests can make negotiation easier and more friendly
1) separate the act of inventing options from the act of judging them
Separate the creative act from the critical act
First invent, then decide
Brainstorm ideas
Brainstorming is intended to produce as many ideas as possible to solve the problem.
4) invent ways to make it easier for others to make their decision.
Present an option that is as easy as possible
it is best to focus your efforts on having a claim agent make a certain recommendation
Provide an objective criterion for your proposal and it will be easier for the other party to accept it
Look for common interests and different interests that complement each other
THE CRITERIA: Insist that the CRITERIA be objective
Identify objective criteria in advance, and think about their application
Equitable criteria, hay más de un criterio objetivo disponible como base para un acuerdo
Objective criteria must be independent of the will of the parties
Objective criteria must be legitimate and practical
Objective criteria must be applicable
Use the test of reciprocal application to find out if the proposed whether the proposed criterion is equitable
FAIR PROCEDURES, to judge the merits of the case or to resolve conflicting interests
Negotiate an equitable agreement before deciding which role each will play
Objective criteria are more efficient when there are more parties involved
Position-based negotiation is difficult, it requires coalitions between the parties
A negotiation based on objective criteria strengthens the relationship between the negotiators and increases the likelihood that the agreement will survive
Principled negotiation involves two types of questions: How can objective criteria be identified, and how can they be used in a negotiation?
Negotiate on the basis of objective criteria and in a battle for dominance
It is better to reach an agreement where both parties are discussing objective criteria than when they are trying to force the other to back down
Reduces the number of commitments that each party must make and later back out of as they get closer to agreement
Make better use of time more efficiently when discussing possible criteria and solutions
Has three basic elements
:
Formulate each aspect as a common search for objective criteria
Be reasonable about what criteria may be most appropriate and how to apply them
Never give in to pressure, only to principles
Negotiate on the basis of objective criteria
The solution is to negotiate on some basis that is independent of the will of the parties
Where do we look for criteria to solve this problem? solve this problem?
the right thing to do is to commit to a solution based on principles, not on pressures
Never give in to pressure
Never give in to pressure, only to principles
DON'T NEGOTIATE BASED ON POSITIONS
CRITERIA FOR JUDGING THE TRADING METHOD
Lead to a sensible agreement
Must be efficient
Improve and not deteriorate the relationship between the parties
SENSATE AGREEMENT
Satisfies the legitimate interests of both parties to the extent possible
Resolves conflicts of interest fairly
It is durable
Considers the interests of the community
POSITION-MAKING FUNCTIONS
Tell the other party what you want
Basis in an uncertain situation
Under pressure
Can produce the terms of an acceptable agreement
TYPES OF NEGOTIATION
SOFT NEGOTIATION
Offers and concessions
Trust the other
Insist on reaching an agreement
HARD NEGOTIATION
Participants are opponents
The goal is victory
Try to win in a clash of wills
PRINCIPLE-BASED NEGOTIATION
Consists of focusing on basic interests, mutually satisfying options, and fair criteria, usually producing a prudent agreement
Participants are solving a problem
Achieve a sensible result in an efficient and friendly manner
DISCUSSION ABOUT POSITIONS
PRODUCE INSANE DEALS
IT IS INEFFICIENT
ENDANGERS THE RELATIONSHIP