Art science of win win negotiating for effective communication
description
Transcript of Art science of win win negotiating for effective communication
![Page 1: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/1.jpg)
The Art and Science of Win-Win Negotiating for Effective Communication
2013 Joint Spring ConferenceKentuckyMarch 20, 2013 Juanita Richardson
![Page 2: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/2.jpg)
2
Introduction
Juanita Richardson - MLIS, MBA
Juanita is an Associate with Dysart & Jones and a Professor at Seneca College in Toronto, Canada. Her areas of expertise include strategic planning for clients who want to deliver information services that have an impact. Prior to her consulting career, Juanita held positions on both the supplier and user sides of the information industry.
![Page 3: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/3.jpg)
3
• Agenda
Definitions 3 Phases of Negotiating Negotiating Pitfalls Learn 360° - Discussion of case of your choice Implementation Mentality Deal-Minded VS. Implementation-Minded – Negotiator’s
Tactics Transitioning to Implementation Mentality The Spirit of the Deal Social Contract Close: Win-Win Q&A Bibliography
![Page 4: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/4.jpg)
4
• What can be negotiated?
• Anything! Including …▫ Sales agreement▫ Job offer▫ Business partnership▫ Compensation – bonus, salary increase▫ Performance goals▫ Etc!
![Page 5: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/5.jpg)
5
“Negotiation” Defined:
• Negotiation is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and / or attempt to craft outcomes which serve their mutual interests … Traditional negotiating is sometimes called “win-lose” because of the hard-ball style of the negotiators whose motive is to get as much as they can for their side … In the 70’s, practitioners and researchers began to develop “win-win” approaches to negotiation …
This approach is referred to as “Principaled Negotiation”.
![Page 6: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/6.jpg)
6
• “Principled Negotiation”
• Principled negotiation is a win-win approach where the goal is to reach a lasting agreement, rather than traditional positional (win-lose) bargaining.
• Elements of Principled Negotiation:▫ Separate the people from the problem;▫ Focus on interests rather than positions;▫ Generate a variety of options before settling on an
agreement;▫ Insist that the agreement be based on objective
criteria.
![Page 7: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/7.jpg)
7
• “Best Alternative to a Negotiated Agreement” (BATNA)
• In negotiation theory, the best alternative to a negotiated agreement or BATNA is the course of action that will be taken by a party if the current negotiations fail and an agreement cannot be reached … If current negotiations are giving you less value than your BATNA, there is no point in proceeding.
![Page 8: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/8.jpg)
8
• Overview: 3 Phases of Negotiating
Phase 1: Before the Negotiation▫ Step 1: Prepare and plan:
Gather the facts Do the math Review SWOT Consider the other party’s negotiating style /
interests / issues Prepare your BATNA Prepare their BATNA Identify your dealbreakers
“You can’t win if you don’t play”
![Page 9: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/9.jpg)
9
• Overview cont.
Phase 2: During the Negotiation▫ Step 2: Set the tone:
Fair, honest, creative, collaborative … but, be prepared for:
![Page 10: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/10.jpg)
10
• TACTICS
Presenting demands / “don’t show your cards first” Deadlines (artificial) Good cop / bad cop Limited authority Concessions High-ball / Low-ball Intimidation Getting it in your hands Fait accompli Take it or leave it Walking out
![Page 11: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/11.jpg)
11
• Overview Phase 2 cont.
▫ Step 3: Exploring underlying needs ACTIVELY listen for facts and reasons behind the
other party’s interests. Try to develop creative alternatives without losing win-win focus. Scan widely.
▫ Step 4: Selecting, refining and crafting an agreement Both parties discuss the starting proposal. Listen
for new ideas, think creatively to handle conflict, create cooperative environment.
▫ Step 5: Reviewing and recapping the agreement Formalize the agreement in a written contract.
“You won’t get what you don’t ask for.”
![Page 12: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/12.jpg)
12
• Overview cont.
Phase 3▫ Step 6: After the negotiation:
Review the negotiation to identify lessons learned on how to achieve a better outcome. Take the time to review each element, asking “what went well?” and “what could be improved next time?”
“Whatever you negotiate, you’re going to have to live with”
![Page 13: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/13.jpg)
13
• 6 Pitfalls to Avoid
1. Neglecting the other side’s problem2. Letting price bulldoze other interests3. Letting positions drive out interests4. Searching too hard for common ground5. Neglecting BATNA
![Page 14: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/14.jpg)
14
Learning 360°
![Page 15: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/15.jpg)
15
• Negotiating as if implementation mattered
When the deal looks good on paper – but doesn’t work. What went wrong?:▫ Negotiators too focused on closing the deal and
squeezing the best terms out of one another – and not focused on implementation.
▫ Bargainers never ask how – or whether – their agreement will work in practice.
Need to:▫ Define negotiation not as closing the deal but as setting
the stage for a successful long-term relationship.▫ Ensure that both sides’ stakeholders support the deal. ▫ Communicate a consistent message about the terms
and spirit.
![Page 16: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/16.jpg)
16
• Negotiator’s Tactic: SURPRISE
Deal Minded
• Introduce new actors or information at strategic points in negotiation.
• Raise new issues at the end.
Implementation Minded
• Propose agendas in advance so both parties can prepare.
• Suggest questions to be discussed and provide relevant data.
• Raise issues early.
![Page 17: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/17.jpg)
17
• Negotiator’s Tactic: INFO SHARING
Deal Minded
• Withhold information.• Fail to correct mistaken
impressions.
Implementation Minded
• Create a joint fact-gathering group.
• Commission third-party research and analysis.
• Question everyone’s assumptions openly.
![Page 18: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/18.jpg)
18
• Negotiator’s Tactic: CLOSING TECHNIQUES
Deal Minded
• Create artificial deadlines.
• Threaten escalation.• Make “this day only”
offers.
Implementation Minded
• Define interests that need to be considered for the deal to be successful.
• Define joint communication strategy.
![Page 19: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/19.jpg)
19
• Negotiator’s Tactic: REALISTIC COMMITMENTS
Deal Minded
• Focus on documenting commitments rather than on testing the practicality of those commitments.
• Rely on penalty clauses for protection.
Implementation Minded
• Ask tough questions about both parties’ ability to deliver.
• Make implementation a shared concern.
• Establish early warning systems and contingency plans.
![Page 20: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/20.jpg)
20
• Negotiator’s Tactic: STAKEHOLDERS
Deal Minded
• Limit participation in discussions to decision makers.
• Keep outsiders in the dark until it is too late for them to derail things.
Implementation Minded
• Repeatedly ask about stakeholders.
• Whose approval is needed?
• Whose cooperation is required?
• Who might interfere with implementation?
![Page 21: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/21.jpg)
21
• 5 Steps to Transition to Implementation Mentality
1. Start with the end in mind.2. Help them prepare too.3. Treat alignment as a shared responsibility.4. Send one message.5. Manage negotiation like a business process.
![Page 22: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/22.jpg)
22
• The Spirit of the Deal
• Even when parties agree on the terms of the deal, they may have contrasting expectations about how their agreement will work in practice.
• How do you address the “spirit of the deal”? The Social Contract
![Page 23: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/23.jpg)
23
• Social Contract Discussion Points
• Underlying social contract Real nature and purpose of the agreement Scope and duration
• Ongoing social contract Consultation Decision making Dispute resolution Reevaluation and renegotiation
• Meeting of the minds Alignment Shared perceptions
![Page 24: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/24.jpg)
24
• Win-Win
• The product of a negotiation isn’t a document; it’s the value produced once the parties have done what they agreed to do. Negotiators who understand that prepare differently than “deal makers” do. They don’t ask: “What might they be willing to accept?” but rather, “How do we create value together?”
![Page 25: Art science of win win negotiating for effective communication](https://reader033.fdocuments.in/reader033/viewer/2022061221/54bfae684a79596f7c8b45a2/html5/thumbnails/25.jpg)
25
• Bibliography
“3-D negotiation: playing the whole game” by David A. Lax and James K. Sebenius. Harvard Business Review, Nov. 2003.
“Six habits of merely effective negotiators” by James K. Sebenius. Harvard Business Review, Apr. 2001.
“Getting past yes: negotiating as if implementation mattered” by Danny Ertel. Harvard Business Review, Nov. 2004.
“Negotiating the spirit of the deal” by Ron S. Fortgang, et al. Harvard Business Review, Feb. 2003.
William Ury, et al. Getting to Yes: Negotiating Agreement Without Giving In. Houghton Miffin: 1992.
William Ury, et al. Getting Past No: Negotiating Your Way from Confrontation to Cooperation. Bantam: 1993.
Harvard Law School Program on Negotiation: http://www.pon.harvard.edu/main/home/index.php3
Wikipedia: http://en.wikipedia.org/wiki/negotiation