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    Principled Negotiation Outline

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    mesacuses
    The document discusses different approaches to negotiation - competitive/hard, cooperative/soft, and principled. The principled approach focuses on separating the people from the problem, understanding interests rather than positions, inventing options for mutual gain, and insisting on objective criteria. It aims to solve problems efficiently and amicably through open communication and understanding shared and differing interests, rather than taking adversarial positions or making concessions to cultivate relationships. The principled approach views participants as problem-solvers working to find wise outcomes, rather than as friends seeking agreement or adversaries seeking victory.

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    Principled Negotiation Outline

    Uploaded by

    mesacuses
    131 views8 pages
    The document discusses different approaches to negotiation - competitive/hard, cooperative/soft, and principled. The principled approach focuses on separating the people from the problem, understanding interests rather than positions, inventing options for mutual gain, and insisting on objective criteria. It aims to solve problems efficiently and amicably through open communication and understanding shared and differing interests, rather than taking adversarial positions or making concessions to cultivate relationships. The principled approach views participants as problem-solvers working to find wise outcomes, rather than as friends seeking agreement or adversaries seeking victory.

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    Principled Negotiation Outline

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    The document discusses different approaches to negotiation - competitive/hard, cooperative/soft, and principled. The principled approach focuses on separating the people from the problem, understanding interests rather than positions, inventing options for mutual gain, and insisting on objective criteria. It aims to solve problems efficiently and amicably through open communication and understanding shared and differing interests, rather than taking adversarial positions or making concessions to cultivate relationships. The principled approach views participants as problem-solvers working to find wise outcomes, rather than as friends seeking agreement or adversaries seeking victory.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    131 views8 pages

    Principled Negotiation Outline

    Uploaded by

    mesacuses
    The document discusses different approaches to negotiation - competitive/hard, cooperative/soft, and principled. The principled approach focuses on separating the people from the problem, understanding interests rather than positions, inventing options for mutual gain, and insisting on objective criteria. It aims to solve problems efficiently and amicably through open communication and understanding shared and differing interests, rather than taking adversarial positions or making concessions to cultivate relationships. The principled approach views participants as problem-solvers working to find wise outcomes, rather than as friends seeking agreement or adversaries seeking victory.

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    © All Rights Reserved
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    of 8

    Negotiations: The Principled Way

    INTRODUCTION
    We negotiate every day

    What is a negotiation?
    o Communication
    Oral
    Physical
    o Differing interests
    o An agreement
    o Satisfies the interest of both parties
    o More satisfaction than if there was no negotiation

    We all negotiate as a part of our job on a daily basis. We can all become much better
    negotiators.

    We all have a style of negotiation whether we are conscious of it or not. We must


    become conscious of how we negotiate.

    We tend to think that negotiators come in two styles:


    o Competitive (hard)
    o Cooperative (soft)

    THE COMPETITIVE/HARD NEGOTIATOR


    The competitive negotiator sees any situation as a contest of wills in which the side
    that takes the more extreme positions and holds out longer fares better.

    The competitive negotiator moves psychologically against the other person with
    behavior designed to unnerve the opponent. Competitive negotiators expect similar
    behavior from their opponents and therefore mistrust them.

    Competitive negotiators tend to employ a strategy which often includes the following
    tactics:
    o A high initial demand
    o Limited disclosure of information regarding facts and ones own preferences
    o Few and small concessions
    o Whenever possible, the competitive negotiator appears to make a concession
    without really making one
    o Competitive negotiators may also make an initial demand that is a false issue
    so that they have something to concede later
    o Threats and arguments
    o Apparent commitment to positions during the negotiating process
    o Elective disclosure about ones own case for the specific purpose of
    undermining ones opponent

    Page 1 of 8

    Empirical research shows a significant positive relationship between a negotiators


    original demand and his payoff

    To the extent that the success of a negotiation strategy is measured by the payoff in a
    single negotiation involving the division of limited resources between two parties,
    studies of simulated negotiations suggest that the competitive strategy yields better
    results than other strategies for the negotiator.

    However, the competitive strategy suffers severe disadvantages:


    o Likelihood of impasse is much greater for negotiators
    o Competitive tactics engender tension and mistrust
    o There can be long term repercussions against the negotiator or the repeat
    customer

    THE COOPERATIVE/SOFT NEGOTIATOR


    The cooperative negotiator initiates granting concessions in order to create both a
    moral obligation to reciprocate and a relationship built on trust that is conducive to
    achieving a fair agreement.

    The cooperative negotiator does not view making concessions as a necessity resulting
    from a weak bargaining position or a loss of confidence in the value of her case.
    Rather, she values concessions as an affirmative negotiating technique designed to
    capitalize on the opponents desire to reach a fair and just agreement and to maintain
    an accommodative working relationship.

    Proponents of the cooperative strategy believe that negotiators are motivated not only
    by personal or competitive desires to maximize their own utilities, but also by
    collectivistic desires to reach a fair solution.

    Cooperative negotiators assert that the competitive strategy often leads to resentment
    between parties and a breakdown of negotiations.

    Cooperative negotiators expect opponents to reciprocate with concessions of similar


    size. Cooperative strategies would include any strategies that aim to develop trust
    between the parties and that focus on the expectation that the opponent will match
    concessions ungrudgingly.

    The major weakness of the cooperative approach is its vulnerability to exploitation by


    the competitive negotiator.

    COOPERATIVE/SOFT
    Participants are friends

    Page 2 of 8

    COMPETITIVE/HARD
    Participants are adversaries

    Goal is agreement

    Goal is victory

    Make concessions to cultivate relationship

    Demand concessions as the price of


    relationship

    Be soft on the people and the problem

    Be hard on the people and the problem

    Trust others

    Distrust others

    Change your position easily

    Dig in to your position

    Make offers

    Make threats

    Search for the single answer: the one they


    will accept

    Search for the single answer: the one you


    will accept

    Accept one-sided losses to reach agreement Demand one-sided gains as the price of
    agreement
    Insist on agreement, yield to get it

    Insist on your position, apply pressure

    Try to avoid a contest of will

    Try to win a contest of will

    Disclose bottom line

    Mislead about your bottom line

    Both the competitive and cooperative strategies focus on the opposing positions of
    the negotiators. Each negotiator attempts to achieve as many concessions from the
    other as possible. These concessions move the negotiations closer to an outcome
    favorable to the negotiator; however, each concession diminishes the opponents
    satisfaction with the potential agreement.

    PRINCIPLED NEGOTIATION HARVARD NEGOTIATION PROJECT


    In 1981, Professors Roger Fisher and William Ury published their seminal book,
    Getting to Yes: Negotiating Agreement Without Giving In. Their book advanced the
    theory of negotiation developed at the Harvard Negotiation Project.

    It is a strategy largely based on problem-solving or integration. Issues are decided on


    their merits rather than through haggling process focused on what each side says it
    will or wont do. The theory suggests that you look for mutual gains wherever
    possible, and that where your interests conflict, you should insist that the result be
    based on some fair standards independent of the will of either side.

    The style is hard on the merits, soft on the people. It employs no tricks or posturing.
    There is no war-like mentality to determine a winner and a loser. You obtain what
    you are entitled to while still remaining decent.

    This has been referred to as principled negotiating, mutual gains negotiating or


    win-win negotiating. This method of negotiation sets out to:
    o Separate the people from the problem

    Page 3 of 8

    o Focus on interests, not positions


    o Generate a variety of possibilities before deciding what to do
    o Insist that the result be based on some objective standard

    This is not a concession-based strategy that seeks to divide a fixed pie; rather, it
    maximizes the parties potential for problem solving in order to increase the joint
    benefit and expand the pie.

    The principled negotiator strives to identify problem-solving solutions which are not
    readily perceived.

    SEPARATE THE PEOPLE FROM THE PROBLEM


    Negotiators are people first

    Every negotiator has two kinds of interests:


    o In the substance
    o In the relationship

    Separate the relationship from the substance and deal directly with the people

    Perception
    o Put yourself in their shoes
    o Dont deduce their intentions from your fears
    o Discuss each others perceptions
    o Look for opportunities to act inconsistently with their perceptions
    o Give them a stake in the outcome by involving them in the process
    o Make your proposals consistent with their values

    Emotion
    o Recognize and understand emotionstheirs and yours
    o Make emotions explicit and acknowledge them as legitimate
    o Allow the other side to let off steam
    o Dont react to emotional outbursts
    o Use symbolic gestures

    Communication
    o Three main problems in communication
    Negotiators may not be talking to each other
    Negotiators may not be hearing each other
    Negotiators may be misunderstanding each other

    Page 4 of 8

    What can be done to solve communication problems


    o Listen actively and acknowledge what is being said
    o Speak to be understood
    o Speak about yourself, not about them
    o Speak for a purpose

    Prevention works best


    o Build a working relationship
    o Face the problem, not the people

    FOCUS ON INTERESTS, NOT POSITIONS


    For a wise solution, reconcile interests, not positions
    o Interests define the problem
    o Behind opposed positions lie shared and compatible interests, as well as
    conflicting ones

    How do you identify interests


    o Ask "Why?"
    o Ask "Why not?" and think about their choice
    o Realize that each side has multiple interests
    o The most powerful interests are basic human needs
    Security
    Economic well-being
    A sense of belonging
    Recognition
    Control over one's life
    o Make a list

    Talking about interests


    o Make your interests come alive
    o Acknowledge their interests as part of the problem
    o Put the problem before your answer
    o Look forward, not back
    o Be concrete, but flexible
    o Be hard on the problem, soft on the people

    INVENT OPTIONS FOR MUTUAL GAIN


    Diagnosis
    o Premature judgment
    o Searching for the single answer
    o The assumption of a "fixed" pie
    o Thinking that "solving their problem is their problem"

    Prescription

    Page 5 of 8

    o Separate inventing from decidingbrainstorm


    Broaden your options
    Multiply options by shuttling between specific and general
    Look through the eyes of different experts
    Invent agreements of different strengths
    Change the scope of a proposed agreement
    Look for mutual gain
    Identify shared interests
    Dovetail differing interests
    Ask for their preferences
    Make their decision easy
    INSIST ON USING OBJECTIVE CRITERIA
    Deciding on the basis of will is costly

    Developing objective criteria


    o Fair standards
    o Fair procedures

    Negotiating with objective criteria


    o Frame each issue as a joint search for objective criteria
    o Ask "What's your theory?"
    o Agree first on principles
    o Reason and be open to reason
    o Never yield to pressure

    Page 6 of 8

    COOPERATIVE/SOFT

    PRINCIPLED

    COMPETITIVE/HARD

    Participants are friends

    Participants are adversaries

    Participants are problem solvers;


    separate the person from the
    problem; care about the person
    but focus on the problem

    Goal is agreement

    Goal is victory

    Goal is a wise outcome reached


    efficiently/amicably

    Make concessions to cultivate Demand concessions as the price


    relationship
    of relationship

    Separate people from the


    problem

    Be soft on the people and the


    problem

    Be hard on the people and the


    problem

    Be soft on the people and hard


    on the problem

    Trust others

    Distrust others

    Proceed independent of trust

    Change your position easily

    Dig in to your position

    Focus on interests not positions

    Make offers

    Make threats

    Explore interests and motivations

    Search for the single answer:


    the one they will accept

    Search for the single answer: the


    one you will accept

    Develop multiple options to


    choose from; decide later

    Accept one-sided losses to


    reach agreement

    Demand one-sided gains as the


    price of agreement

    Invent options for mutual gain


    where both interests are met

    Insist on agreement

    Insist on your position

    Insist on using objective criteria

    Yield to pressure

    Apply pressure

    Reason and be open to reasons;


    yield to principle, not pressure

    Try to avoid a contest

    Try to win a contest of will

    Try to reach a result based on


    standards independent of will

    Disclose bottom line

    Mislead about your bottom line

    Avoid having a bottom line

    "YES, BUT..."
    What if they are more powerful?
    o Know your BATNA (Best Alternative to Negotiated Agreement)
    o The better your BATNA, the greater your power
    o Consider the other side's BATNA

    What if they won't play?


    o Negotiation jujitsu
    Don't attack their position, look behind it
    Don't defend your ideas, invite criticism and advice
    Recast an attack on you as an attack on the problem
    Ask questions and pause

    What if they use dirty tricks?

    Page 7 of 8

    o Negotiate about the rules of the game


    o Recognize the dirty tricks
    Deliberate deception
    Phony facts
    Ambiguous authority
    Dubious intentions
    Less than full disclosure is not the same as deception
    Psychological warfare
    Stressful situations
    Personal attacks
    The good guy/bad guy routine
    Threats
    Positional pressure tactics
    Refusal to negotiate
    Extreme demands
    Escalating demands
    Lock-in tactics
    Hardhearted partner
    A calculated delay
    "Take it or leave it"
    SUMMARY
    You knew this all along
    Learn from doingpractice, practice, practice
    Redefine "winning"

    Page 8 of 8

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