Malika Bajpai , A001 MBA Law , SBM , NMIMS

Subject :Negotiation
Lecture 13 – 30/01/2020 Thursday

Earlier we learnt that negotiation strategies and tactics that were used to play with the counter
party’s psyche i.e. on a psychological level . Now let us understand the ways in which a
negotiator can affect the counter party at a physical level .

These can be further understood by actions taken , which are ;

 Verbal
 Visual
Verbal
This refers to someone saying something for you to lose focus of the negotiation .
Visual
This refers to the visual cues such as body language , the place of negotiation , etc .

Let us understand Verbal tactics further ;

1. Playing Dumb .
This is where the counterparty makes you believe that they don’t have certain facts , they
don’t know certain things , don’t know what certain things mean , don’t know whats
happening , don’t understand certain aspects of negotiation .
Reason is
 To gain more information from you .
 To make you feel superior , get overconfident and make mistakes.

The way to deal with this is to call them out , say we know what you are doing . The modus
oprandi is to realise a tactic is being played , decode it and come with a counter strategy . If
you react before decoding the strategy , by just assuming or guessing , then you will fail .

One should realise that in negotiation every word is vital , do not assume that what you know
is not important to the negotiation or to the counterparty.

Another way to deal with this is Socratic Method of Questioning .

When the counterparty is playing dumb , ask a series of back to back questions and in such a
way that when they answer they end up contradicting themselves. Be careful and cautious
with the questions you ask because that will help you deal with this tactic.

For understanding the socratic method of questioning we saw a video on the same .

The things to keep in mind while using this method of questioning are,
 What is it stemming from
 Malika Bajpai , A001 MBA Law , SBM , NMIMS

 Reasonable alternatives
 Potential consequences – worst , best , bearable
 Repurcusions of the consequences
 Distancing

This will get a logic for the most illogical thoughts . The series of questions that you ask
will give you an idea what they are thinking about . At the same time , constantly redirect
to the main topic at hand .

2. Interrogation

The difference between interrogation and socratic method of questioning is that the former is
not intended to get a reaction , its to get a certain answer from you , the questions asked may
not always be linked to each other , whereas in the latter , the set of questions are asked back
to back and has a specific goal assigned .

This tactic could be used to check your temperament , the questions could be vague ,
nonsensical and may not always have a meaning .

If this tactic is being played with you then calling them out is not a good idea , just smile and
ignore.

3. Asking leading questions or loaded questions

These are those questions which put you in a difficult place . If you answer yes that’s a
problem and same is with saying no.
For eg.- Is your staff still disorganised?

The purpose is to put you in a tight spot , to get a consession out of you .

One should be neutral while answering these and say for example to answer the question
asked earlier , one could respond with , you are welcome to come to come and see the pattern
we follow.

Accepting , even partially puts you on a bad foot . To deal with it is to stop the questioning
then and not drag it further .

Also remember , this is not a trial , and its not an interrogation .

4. If someone is talking too much

If someone is rambling , inconsequentially talking , understand the intent of the speaker , if

they are generally like that and it is in their nature to talk so much , which is not affecting you
or the negotiation apart from extending the time , let it be until its not intentional ie. To put
you down .
 Malika Bajpai , A001 MBA Law , SBM , NMIMS

Here be careful how you construe your reply , be crisp in answering and don’t give out too
much information.
5. Shouting

Generally senior negotiators are in a habit of shouting . One could also be overcompensating
for their underconfidence by shouting . The way is to not shout back and calmly deal with it .
Your personal response and anger does not matter , keep your limitations aside and be
professional .

To understand active listening for one to be a good negotiator , we saw a video on active
listening . It taught us that one should make suitable eye contact , study our own and the
speakers body langyage and convey through our expressions and body language that we are
actively listening while also doing so in actuality .

Lecture 14- 04/02/2020 Tuesday

Here , we saw a video on non verbal communication by jeff thompson .

We learnt about METTA which stands for

Movement – includes gestures if its timid or aggressive , facial cues , posture , orientation
Environment – location , design , layout , distance , time etc
Touch – handshake
Tone – the tone and pitch of saying things
Apperance- what you wear can attract or detract the attention from what you are saying.

We also had a class activity where 3 volunteers were asked to sell a smart TV and we learnt
from their body language as to what construes as open or closed body language and how it
conveys what the person is thinking and feeling at a time .

And understood how these factors impact the communication process.

Lecture 15 & 16 – 06/02/2020 Thursday

Here we saw the video of Harvey Spectre on his body language and understood how that
conveys status , dominance , authority and power.

Our body language is subconscious , it conveys your thoughts and feelings . To understand if
your counterparty is displaying some some body languge and if its his habit or is an act , one
must have as much offline conversation as possible i..e outside the negotiation process.
When you take a break in the negotiation , don’t walk out with your team , talk to the counter
party about other things .

On the topic of body language we discussed ,

 Malika Bajpai , A001 MBA Law , SBM , NMIMS

Sitting upright shows confidence instead of slouching or crossing your legs . One should sit
straight , with both feet on the ground to exude professionalism .
The tone and speed of talking also impacts the negotiation .
Talking fast shows nervousness , excitement , under or over preparedness but this is harmful
and one should know when to take a pause and when to stop .

Stressing on the right word is also important ,

We did an activity where we spoke the sentence “What do you want” repeatedly while
stressing on different words each time . The outcome was that the meaning of the sentence
changes completely upon stressing of different words.

Language
 Stop making the conversation or the negotiation a “you” vs “I” thing and instead use
“we” .
 Don’t put yourself in a negative context , instead of using cant , don’t , wont , use
positive wordings . For eg instead of “ I don’t understand” , use “Could you repeat
yourself” or Instead of “Sorry for being late” use “Thanks for waiting”
 Be aware of the word ‘but’ don’t start a sentence in a positive light and join it with a
negative sentence using ‘but’ .

The counter party can create pressure situations for you , such as ;
1. “One time offer”

This is used to create a panic situation and hurry you into making a decision . Do not do that ,
slow down instead , and make a well informed decision.
Realise that they want you to make a mistake .

2. “Last 2 pieces left”

This is done to create a false scarcity of resources which would hurry you into making a
decision . This is done to play with your mind , what will help here is your level of
preparedness and your BATNA , to help you make a well informed deicison and not an
impulsive one .

3. Trying to delay

If your counterparty is constantly trying to delay , set up a limit and communicate that you
will not tolerate delay beyong that limit. One can threated to walk out of negotiation .

4. False Bottomline

This is where they say that the minimum they can give you is “xyz” . This is for you to
negotiate and come to their price demand .
 Malika Bajpai , A001 MBA Law , SBM , NMIMS

Here research helps . One should be prepared with the deal the counterparty has made with
other players in the market , this will help one counter the offer with research and substantial
facts.
Malika Bajpai , A001 MBA Law , SBM , NMIMS

Write Up for the Final Negotiation Exercise on

Transatlantic Trade and Investment Partnership (TTIP)

between US and EU

 How did you prepare?

I read about the currently negotiated trade agreement between the European Union and
the United States (Transatlantic Trade and Investment Partnership, TTIP) which
provides an opportunity to deepen the integration of both economies.

In representing the European Union , I searched about the problems faced by SMEs
starting their transatlantic business or the ones already existent .

The survey, made for SMEs by the European Commission and which was published on
20 April 2015, presents well the challenges that European SMEs exporting their goods
and services to USA have to face.

Among the main issues, that SMEs have to cope with in the transatlantic trade, are the
following: compliance with the rules and technical regulations of all goods which is the
most common issue; access to information about which rules apply for the products
concerned. Nearly 25 per cent of the respondents could not identify the actual source
(i.e. the US federal government or individual federal states) of the regulatory issues
they confront; legal exclusion from the market, as well as from many parts of the
procurement process; compliance with customs regulations, which can be very costly
thus it can lead to another trade barrier; differences in legislation among various US
states.

The ambitious and comprehensive TTIP agreement can help to solve these problems.
By lowering the duty rates and the unification of regulatory issues, small businesses
could easily run a transatlantic sale of offered goods and services.
Malika Bajpai , A001 MBA Law , SBM , NMIMS

 Musts and Wants (For you and your counter-party)

EUs Musts EUs Wants

 To promote trade and multilateral  IPR protection of the SMEs

economic growth with the TTIP  Ratio of representation in the offices
and promote cordial economic and SMEs can be negotiated
relations with the USA  Custom Clearance and
 To do away with different legal  Aids in shipping and transport
compliance requirement and
streamline the process for SMEs
 To unify the tariff payments by
the SMEs and reduce the amount
to promote ease of doing business
 Create a mechanism for Dispute
Redressal in case of dispute in
transatlantic businesses
 Set up offices in both the
countries for streamlining the
process and have appropriate
representation or Business Process
Simplification

USs Musts USs Wants

 To promote cordial trade relations  Business Process Simplification

 Reduces double tariff rates  IPR protection of the SMEs
 Custom clearance assistance  To do away with different legal
 Create a mechanism for Dispute compliance requirement and
Redressal in case of dispute in streamline the process for SMEs
transatlantic businesses
 Malika Bajpai , A001 MBA Law , SBM , NMIMS

 Planned Concessions ( Small , medium and major concessions you would offer)

1. Shipping and Transport cost assistance / aid

2. Customs clearance process streamlined

3. Visa assistance

 Limitations in terms of personality of your counter-party. (How well you know your
counter-party)

My counter party is Shivangi Harsora and her limitations could be

 Being Stubborn / being stuck on one point – to deal with this one would
need to logically persuade her and keep asking questions to reveal the actual
reason of her attachment to the topic she is stubborn with .
 Losing confidence – Shivangi loses confidence if something out of the
ordinary or an information that takes her by surprise is revealed .
 Zoning out – She can sometimes zone out of a conversation , for which I
will constantly involve her in the conversation so that this doses not happen.

 Negotiating Styles: Tentative Planning of the same and the reasons to do so. 

The negotiating style I wish to take up is of a logical thinker and a friendly , cordial
negotiator which is very close to my own personality .

Goal Setting: What is the end result you would like to achieve at the end of the negotiation. 

The goal is to reach at a win – win negotiation resolution to promote cordial trade relations
between the countries and overall economic growth .