Introduction Revision –Positional and interest-based Negotiation –Preparation for and the process of negotiation –Team negotiations New Material –Multiparty Negotiations –Negotiation Tactics
Positional Negotiation Extreme positions Incremental bargaining to new positions Competitive tactics Power-based tactics Concealed information Interests of parties may be overlooked.
Interest-based Negotiation Separate the people from the problem Focus on interests, not positions Generate a variety of options for mutual gain Insist that the result be based on some objective standard.
Preparation for Negotiation Research facts & law Decide who should attend Select time, place, and physical setting Identify all parties interests Prepare a working agenda Consider trade-offs, concessions and options for settlement
Preparation for Negotiation Ascertain all parties BATNAs Consider tactics (including opening offers) Allocate team responsibilities Confirm client's instructions Obtain written authority to settle in accordance with instructions.
Negotiation Procedure Establish procedural and behavioural guidelines Statements by each party of their positions/interests Develop the negotiation agenda Generate multiple options for mutual gain
Negotiation Procedure Evaluate options Generate movement towards agreement Fine tune the agreement Formalise the agreement.
Effective Team Negotiations Meet before hand (to discuss issues, make decisions, allocate roles) Decide upon team goals and priorities Inventory abilities and skills of team members - decide how these can best to used Avoid being judgmental about differences
Effective Team Negotiations Give each team member a specific role Be clear about lines of authority Pay close attention to negotiation dynamics Think creatively Present a united front - never wash your dirty linen in public.
Multiparty Negotiations Number of parties increase Quantity and complexity of information increases Procedural complexity increases Social dynamics become more complicated
Multiparty Negotiations Strategic complexity increases Negotiations take longer Negotiations take place within negotiations Audience factor increases the likelihood of positional strategies.
Managing Multiparty Negotiations Discuss how to proceed first Appoint a chairperson to facilitate the process Make clear at the outset what you are trying to achieve
Managing Multiparty Negotiations Create appropriate discussion norms –equal air time –no interruptions –no denigration Create an agenda –agree on how to develop it –write it down –discuss, modify, or challenge it Allow for simultaneous discussion of several issues
Managing Multiparty Negotiations Set aside time for option generation/evaluation Summarise progress frequently Shape a tentative agreement and write it down Discuss whatever follow-up needs to occur.
Common Mistakes Failing to adequately prepare Using questions poorly eg interrogating Failing to pick up on directional information Taking too rigid an approach or giving in too easily eg making offers too quickly
Common Mistakes Staying on difficult issues for too long Reaching final agreement on an issue when other issues remain to be discussed.
Common Mistakes in Team Negotiations Failure to coordinate the approach and activities of team members Disagreement between members Disclosing disagreements in public Arbitrary or autocratic team leadership Failure by one more team members to take their share of responsibility.
Common Mistakes in Multiparty Negotiations Dominating (bulldozing) other parties Ignoring one or more parties.