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NEGOTIATIONS

Negotiation is any form of meeting or discussion in which you or the person you

are in contact with use argument and persuasion to achieve an agreed decision or

action.

Negotiation is a process of bargaining in which two parties try to reach anagreement, on mutually accepted terms. Negotiation occurs when conflict exists

between groups and both parties are prepared to seek a solution throughbargaining.

Negotiation is a better solution to solve problems rather than breaking contacts.For negotiations to result in positive benefits for all sides, the negotiator must definewhat the problem is and what each party wants. In defining the goals of negotiation, it

is important to distinguish between issues, positions, interests and settlement options.

An issue is a matter or question parties disagree about. Issues can usuallybe stated as problems. For example, "How can wetlands be preserved

while allowing some industrial or residential development near a stream ormarsh?" Issues may be substantive (related to money, time or

compensation), procedural (concerning the way a dispute is handled), orpsychological (related to the effect of a proposed action).

Positions are statements by a party about how an issue can or should be

handled or resolved; or a proposal for a particular solution. A disputantselects a position because it satisfies a particular interest or meets a set of

needs.

Interests are specific needs, conditions or gains that a party must havemet in an agreement for it to be considered satisfactory. Interests may

refer to content, to specific procedural considerations or to psychologicalneeds.

Settlement Options--possible solutions which address one or more party's

interests. The presence of options implies that there is more than one wayto satisfy interests.

PEOPLE NEGOTIATE ON

Job Roles (dissatisfaction, organizing team task & priorities) Pay Scale Contacts (terms & conditions) Quality of the product Buying a car, house (price rate) Compliance with government regulations

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PROCESS/PHASES OF NEGOTIATIONS

PREPARATION, OPENING, BARGAINING, CLOSING

Find out goal, what do you want to achieve, what are your clients expectationSEEK ALTERNATIVES

If you dont reach towards an agreement with the other person. How much does it matter if you do not reach an agreement.

RELATIONSHIPS

What is the history of the relationship Should this history impact the negotiation Will there be any hidden issues that may influence the negotiation How will you handle these

EXPECTED OUTCOMES

What outcome will people be expecting from this negotiation What has the outcome been in the past, and what precedents have been set

THE CONSEQUENCES

For you is it winning or losing As well as for the otherPOSSIBLE SOLUTIONS

Based on all of the considerations, what possible compromises might there be?

HOW CAN YOU NEGOTIATE SUCCESSFULLY

1. Focus on how can you win the situation2. Separate people from the problem3. Focus on interests, not on positions (explore interest)4.

Invent options for mutual gain5. Seek compromises based on arbitrary divisions

6. Speak to be understood7. Try to reach consensus decision

Dos and Donts

Dos- Open credibility

- Listen- Anticipate

- Compromise- Use concessions

Donts- Avoid confrontation- Talk too much

- Dont just say no- Overstate case

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- Highlight shortcomings- Deny weakness

Two types of approach First Integrative (win/win) approach stableSecond Distributive (win/lose approach) - unstable

The Critical Factors The goals and interests of the parties The perceived interdependence between the parties The history that exists between the parties The personalities of the people involved The persuasive ability of each partyWHY PARTIES CHOOSE TO NEGOTIATE

The list of reasons for choosing to negotiate is long. Some of the most common

reasons are to: Gain recognition of either issues or parties;

Test the strength of other parties; Obtain information about issues, interests and positions of other parties;

Educate all sides about a particular view of an issue or concern;

Ventilate emotions about issues or people; Change perceptions;

Mobilize public support; Buy time;

Bring about a desired change in a relationship; Develop new procedures for handling problems;

Make substantive gains; Solve a problem.

WHY PARTIES REFUSE TO NEGOTIATE

Even when many of the preconditions for negotiation are present, parties often choosenot to negotiate. Their reasons may include:

Negotiating confers sense and legitimacy to an adversary, their goals andneeds;

Parties are fearful of being perceived as weak by a constituency, by theiradversary or by the public;

Discussions are premature. There may be other alternatives available--informal communications, small private meetings, policy revision, decree,

elections; Meeting could provide false hope to an adversary or to one's own

constituency; Meeting could increase the visibility of the dispute;

Negotiating could intensify the dispute; Parties lack confidence in the process;

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There is a lack of jurisdictional authority; Authoritative powers are unavailable or reluctant to meet;

Meeting is too time-consuming; Parties need additional time to prepare;

Parties want to avoid locking themselves into a position; there is still time to

escalate demands and to intensify conflict to their advantage.