ETR 4100

Negotiation: Getting To YES

Conclusion and 10 Questions

These notes are intended for the writers individual use. No copying and/or sharing or both sharer and 'sharee' will receive a 0 (zero) on related quiz or test score.

I. In Conclusion (147) 1. You knew it all the time -organize common sense and common experience in a way that provides a usable framework for thinking

and acting
2. Learn from doing (147) -aware of ideas and aware of what you are doing, it can help you learn. 3. "Winning" (148) -prove more efficient and less costly to human relationships. II. Ten questions people ask about getting to yes (149) Fairness and "Principled" Negotiation 1. "Does positional bargaining ever make sense?" 2. "What if the other side believes in a different standard of fairness?" 3. "Should I be fair if I don't have to be?" Dealing with People 4. "What do I do if the people are the problem?" 5. "Should I negotiate even with terrorists or someone like Hitler? When does it make sense not to negotiate?" 6. "How should I adjust my negotiating approach to account for differences of personality, gender, culture, and so on?" Practical Questions 7. "How do I decide things like, 'Where should we meet?' 'Who should make the first offer?' and 'How high should I start?" 8. "Concretely, how do I move from inventing options to making commitments?" 9. "How do I try out these ideas without taking too much risk?" Power 10. "Can the way I negotiate really make a difference, if the other side is more powerful?" 11."How do I enhance my negotiating power?" A. Fairness and "Principled" Negotiation (151) 1. "Does positional bargaining ever make sense?" (151) -requires preparation 2. How important is it to avoid an arbitrary outcome? -exploring the dealer's interests and looking for creative options is probably a good idea. 3. How complex are the issues? - Complexity calls for careful analysis of interests that are shared or that can be creatively dovetailed, and then for brainstorming. 4. How important is it to maintain a good working relationship? -avoid tactics such as threats that involve a high risk of damage to the relationship. -Negotiation on the merits to avoid a choice between giving in or angering the other side. 5. What are the other side's expectations, and how hard would they be to change? -listen instead of attacking, to brainstorm instead of quarreling, and to explore interests before making a commitment. 6. Where are you in the negotiation? -Bargaining over positions tends to inhibit looking for joint gains. 2. "What if the other side believes in a difference standard of fairness?" (153) -it is easier to agree to follow a principle or independent standard than to give in to the other side's positional demand. Agreement on the "best" standard is not necessary. -Using external standards often helps narrow the range of disagreement and expand the area of agreement. -When standards have been refined to the point that it is difficult to argue persuasively that one standard is more applicable than another, the parties can explore tradeoffs or resort to fair procedures to settle the remaining differences.

3. "Should I be fair if I don't have to be?" (154) -negotiators we meet more often fear getting less than they should in a negotiation, or damaging a relationship if they press firmly for what they do deserve. -How much is the difference worth to you? -A well-established reputation for fair dealing can be an extraordinary asset. It opens up a large realm of creative agreements that would be impossible if others did not trust you. -Are you likely later to regret the agreement, believing that you took unfair advantage of someone? B. Dealing with People (157) 4. "What do I do if the people are the problem?" (157) -substantive issues need to be disentangled from relationship and process issues

-Substantive issues- terms, conditions, prices, dates, number, liabilities

-Relationship issues- balance of emotion and reason, ease of communication, degree of trust and reliability, attitude of acceptance, degree of mutual understanding -A good working relationship tends to make it easier to get good substantive outcomes for both sides. Good substantive outcomes tend to make a good relationship even better. -explain your perceptions and feelings -It is the perception that is skewed, not the response to that perception. 5. "Should I negotiate even with terrorists or someone like Hitler? When does it make sense not to negotiate?" (161) -If your BATNA is fine and negotiation looks unpromising, there is no reason to invest much time in negotiation. 6. "How should I adjust my negotiating approach to account for differences of personality, gender, culture, and so on?" (166) -The more successfully you can get into step with that person's way of thinking, the more likely you are to be able to work out an agreement. C. Tactics (168) 7. "How do I decide things like 'Where should we meet?' 'Who should make the first offer?' and 'How high should I start?'" (168) -Usually you will want to explore interests, options, and criteria for a while before making an offer. Making an offer too soon can make the other side feel railroaded. -Once both sides have a sense of the problem, an offer that makes an effort to reconcile the interests and standards that have been advanced is more likely to be received as a constructive step forward. -start with the highest figure that you could justify without embarrassment. Another way to think of it is to start with the highest figure that you would try to persuade a neutral third party was fair. 8. "Concretely, how do I move from inventing options to making commitments?" (171) -Think about closure from the beginning -sketch the outlines of what an agreement might look like as part of your preparation. - brainstorming, it is a good idea to agree clearly that all commitments are cautious. This will allow you to have some sense of progress during your discussions, but avoid the inhibiting effect of worrying that every option discussed may be heard as a commitment.

9. "How do I try out these ideas without taking too much risk?" (175) Start small - As you gain experience and confidence, slowly raise the stakes by trying new techniques in more significant and challenging contexts. Make an investment

Review your performance Prepare!

D. Power (177) 10. "Can the way I negotiate really make a difference if the other side is more powerful?" and "How do I enhance my negotiating power?" (177) Some things you cant get - should not expect success in negotiation unless you are able to make the other side an offer they find more attractive than their BATNA How you negotiate makes a big difference Resources are not the same as negotiation power Dont ask, whos more powerful - The more you try for, the more you are likely to get

There are many sources of negotiation power - People, interests, options, and objective criteria -commitment Working Relationship -if people problems are dealt with directly, not by demanding or offering concessions on substance, negotiations are likely to be smoother and more successful for both parties.