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PRINCIPLED NEGOTIATION "Getting to YES", Members: Vivian García…
PRINCIPLED NEGOTIATION "Getting to YES"
II THE METHOD
2 - Separate the people from the problem
PERCEPTIONS
Everyone knows how difficult it is to face a problem without misunderstandings arising between people, without them becoming upset or losing their sanity or equanimity, and without taking things as personal offenses.
First of all, negotiators are people who have emotions, deep values, different backgrounds and points of view; and they are unpredictable.
They look at the world from their personal point of view, and they often mistake their perceptions for reality.
Every negotiator has two types of interests: in the substance and in the relationship and wants to reach an agreement that satisfies his interests
substantial.
The continuity of the relationship is much more important than the
result of any particular negotiation.
The relationship tends to be confused with the problem. Egos tend to get involved in substantial positions.
You tend to treat the problem and the person as if they were one.
One of the most important skills a negotiator can possess is the ability to appreciate the situation as the other party does.
EXAMPLE:
Tenant perceptions: The rent is already too high.
Landlord Perceptions: The rent hasn't been raised in a long time.
EMOTIONS
In a negotiation, especially in a strong In a negotiation, especially in a strong disagreement, feelings can be more important than words.
The parties may be more ready for battle than to find the solution to a common problem together.
Inquire about what is causing the emotions. Why are you angry? Why are they? ETC.
Make emotions explicit and recognize them as legitimate.
Don't react to an emotional outburst.
COMUNICATION
Without communication there is no negotiation.
In communication there are three major problems:
the negotiators may not be addressing the other or others.
Even if you speak directly and clearly to the other party, they may not hear you.
misunderstandings.
When you repeat what you think they have said, express it in a positive way from their point of view, giving full force to your arguments.
Talk about yourself, not about them.
Speak with a purpose.
Face the problem, not the people.
3 - Focus on the Interests, not the positions
How are interests identified?
Asking the questions "Why?" and Why not?"
Some techniques are putting yourself in the other person's shoes, analyzing positions, and identifying the other party's basic decisions.
Impact on my interests
There are several questions to consider such as: -Will I win or lose?, What will be the short-term or long-term consequences?, What will the effects be?, Will it is a good or bad precedent?, Will it is "correct"?
It is important to consider that, in most negotiations, each party has many interests.
To reach an agreement, you must think of negotiation as something between two people or two parties.
The discussion about interests
The object of the negotiation is to favor the interests, and this happens when both parties communicate.
For example:
When an author wants to give away many of his books, he should discuss it with the publisher. He has a common interest in promoting the book, and maybe willing to offer a lower cost to the author.
Make his interests come alive
It is necessary to make the other party understand exactly the importance and legitimacy of the interests.
It must be specific and concrete.
The seriousness and importance of the concerns should be emphasized because, in this way, it shows that you are open to options.
Recognize that their interests are part of the problem
The interests of the other party must be considered and understood. For example, asking questions such as "Have I understood correctly?" or "Do you have any other important interests?"
State the problem before your answer
The interests and reasoning must be explained first, and then the conclusions or proposals.
Look ahead, not back
In the interests of negotiators, it is better to talk about where you would like to go, that is, look ahead in search of a goal and believe that your behavior responds to your free will.
Be concrete but flexible
In a negotiation, it is relevant to know where you are going and at the same time be open to new ideas or options.
To maintain flexibility, each option should be treated as merely illustrative.
The key is "illustrative specificity."
Be hard on the problem, and soft on the people
Each negotiator vigorously defends his interests, they will often stimulate each other to be creative in finding mutually advantageous solutions.
It is important to separate people from the problem.
Listen respectfully, be courteous, express appreciation for the time and effort.
There must be a combination of strongly supporting the other party and making the problem clear.
Definitions
Interests define the problem.
Interests motivate people.
The most powerful interests are basic human needs.
Most of the problems in a negotiation are not the conflict between positions, but the conflict between the needs, desires, concerns, and fears of the parties.
The position is something that is decided, but what drives the decision are the interests.
Basing on interests is important because several positions could satisfy an interest.
Behind the opposing positions there are shared and compatible interests, but there are also opposing or different interests. The important thing is that both are complementary.
Example:
The story of two men inside a library, one wants to open the window and the other wants the window to close. This case is based on why each one wants to do with the window, that is, in the interests and not in the positions, to find a solution.
4 - Create options of mutual benefit
There are some obstacles that prevent the creation of options of mutual benefits: premature judgements, seek of only one answer, assumption that it's everything or nothing, and the belief that the solution of their problems is theirs.
Premature judgements is about judging immediately without listening or waiting until all options are discussed.
Assumption that it's everything or nothing is when you think you will lose everything in the negotiation or you can win everything, only white or black.
Seek of only one answer is when you think there is only one correct answer and you don't think outside the box, missing all types of options that could have been added to your list if only you were not so blind.
The belief that the solution of their problems is theirs is when you only pay attention to your own problems, ignoring the problems ot the other part, leading to less options of negotiation.
Brainstorm is the best tool to come up with fresh and new ideas for everything, including negotiations.
To avoid these drawbacks, you have to do exactly the opposite: Stop judging, search for more options instead of only one, seek mutual benefits and not only personal benefits, and come up with ways to facilitate the other part's decisions.
When doing a brainstorm, you have to define the purpose, select some participants that help with the ideas, listen and do not judge, mark the best ideas, find a way to improve them, and evaluate them.
Brainstorm let people think creatively. First they need to think about the problem, then do a descriptive analysis, then you have to think what you would do or what sould be done, and finally, suggest a specific and posible action for that problem. This is called "Circular Diagram"
Think outside the box, pretend you are a lawyer, banker, economist or a broker. That way you will come up with new solutions.
Keep in mind that the differences in the interests can create mutual benefits. For example, if a two companies want oranges and they are fighting because of that interest, they have to talk and negotiate, maybe one company wants fruit pulp and the other one wants the orange peel. It's all about negotiations.
Search the mutual benefits. Search for common interests, they are opportunities, no miracles.
5 - Criteria - Results are based on an objective standards
You will almost always have to deal with the fact that interests are in conflict. What is indicated is to commit to achieving a solution based on principles (values), not pressures or positions.
Pressures and Positions
Negotiators spend a lot of time defending their position
and attacking the other party
Pressure can take many forms: bribery, threats, a reference to the trust with which it is intended to be manipulated, or simply refusing to accept.
Very hard to complete a negotiation
If the other party does not give in and does not present a persuasive basis to strengthen its position, then the negotiation is over.
Principles
Negotiations based on principles produce prudent agreements in a friendly and efficient manner.
Fair criteria and fair processes.
If you can't accept the criteria of the other party as the appropriate ones, test them by including someone that both parties consider righteous, so he or she can decide which is the best criteria.
Never give in to pressure, only in principles!
Merit-based negotiation
I THE PROBLEM
1 - Don't negotiate based on positions
The most common form of negotiation, depends upon successively taking and then giving up a sequence of positions.
Arguing over positions is inefficient
Creates incentives that stall settlement.
Try to improve the chance that any settlement reached is favorable to you by starting with an extreme position.
Arguing over positions produces unwise agreements
When negotiators bargain over positions, they tend to lock themselves into those positions.
The more you clarify your position and defend it against attack, the more committed you become to it.
Arguing over positions endangers an ongoing relationship
Each negotiator asserts what he will and
won't do
Anger and resentment often result as one side sees itself bending to the rigid will of the other while its own legitimate concerns go unaddressed
When there are many parties, positional bargaining is even worse
The more people involved in a negotiation, the more
serious the drawbacks to positional bargaining
Being nice is no answer
Instead of seeing the other side as adversaries, they prefer to see them as friends
The soft negotiating game emphasizes the importance of building and maintaining a
relationship.
There is an alternative
If you do not like the choice between hard and soft positional bargaining, you can change
the game.
The answer to the question of whether to use soft positional bargaining or hard is "neither."
People: Separate the people from the problem.
Interests: Focus on interests, not positions.
Options: Generate a variety of possibilities before deciding what to do.
Criteria: Insist that the result be based on some objective standard.
Members:
Vivian García, María Paz Abril, Matías Villalba, Alexis Vaca & Daniel Espinoza.