Processes of negotiation Essay Example for Free

Processes of negotiation Essay In simplest terms, negotiation is a discussion between two or more disputants who are trying to work out a solution to their problem. Negotiations typically take place because the parties wish to create something new that neither could do on his or her own, or to resolve a problem or dispute between them. The parties acknowledge that there is some conflict of interest between them and think they can use some form of influence to get a better deal, rather than simply taking what the other side will voluntarily give them. When parties negotiate, they usually expect give and take. While they have interlocking goals that they cannot accomplish independently, they usually do not want or need exactly the same thing. This interdependence can be either win-lose or win-win in nature, and the type of negotiation that is appropriate will vary accordingly. The disputants will either attempt to force the other side to comply with their demands, to modify the opposing position and move toward compromise, or to invent a solution that meets the objectives of all sides. The nature of their interdependence will have a major impact on the nature of their relationship, the way negotiations are conducted, and the outcomes of these negotiations. Mutual adjustment is one of the key causes of the changes that occur during a negotiation. Both parties know that they can influence the others outcomes and that the other side can influence theirs. The effective negotiator attempts to understand how people will adjust and readjust their positions during negotiations, based on what the other party does and is expected to do. The parties have to exchange information and make an effort to influence each other. As negotiations evolve, each side proposes changes to the other partys position and makes changes to its own. This process of give-and-take and making concessions is necessary if a settlement is to be reached. If one party makes several proposals that are rejected, and the other party makes no alternate proposal, the first party may break off negotiations. Parties typically will not want to concede too much if they do not sense that those with whom they are negotiating are willing to compromise. The parties must work toward a solution that takes into account each persons requirements and hopefully optimizes the outcomes for both. As they try to find their way toward agreement, the parties focus on interests, issues, and positions, and use cooperative and/or competitive processes to come to an agreement. Planning for Negotiations Effective planning is crucial to meeting negotiation objectives. If the parties are to reach a stable agreement, specific events must take place before the parties ever come to the table. 1. Parties must frame the problem, and recognize that they have a common problem that they share an interest in solving. Frames are the conceptions that parties have of the situation and its risks. They allow the parties to begin to develop a shared definition of the issues involved, and the process needed to resolve them. When the frames of both parties match, they are more likely to focus on common issues and have a common definition of the situation. The way in which parties define the problem can shape the rest of the planning process. 2. In the early stages of framing, negotiators must also determine their goals, anticipate what they want to achieve, and prepare for the negotiation process. They must define the issues to be discussed and analyze the conflict situation. In many cases, negotiators can appeal to research or consult with experts to help them develop a complete list of the issues at stake. 3. Negotiators often exchange and negotiate the list of issues to be discussed in advance. Consultation between negotiators prior to actual negotiation allows them to agree on the agenda of issues to be discussed, as well as the location of the negotiations, the time and duration of the sessions, the parties to be involved in the negotiations, and techniques to pursue if negotiation fails. Negotiators should also agree on principles that will guide the drafting of a settlement, the procedures to be used in negotiations, and the formula by which a general agreement is to be reached. 4. After assembling issues on an agenda, the negotiators must prioritize their goals and evaluate the possible tradeoffs among them. Negotiators must be aware of their goals and positions and must identify the concerns, desires, and fears that underlie their substantive goals. They must determine which issues are most important, as well as whether the various issues are linked or separate. Once they have determined the relative importance of the issues, parties need to decide the order in which issues should be discussed. Different situations suggest different answers to that question, and different negotiators and mediators prefer one approach over the others. 5. Negotiators that are operating on behalf of a constituency should consult with their constituents as well as with the other side to ensure that the constituents needs and priorities are included in the negotiations. 6. The next step is for negotiators to define specific targets with respect to the key issues on the agenda. Parties should try to figure out the best resolution they can expect, what counts as a fair and reasonable deal, and what is a minimally acceptable deal. They should also be aware of the strongest points in their position and recognize the strongest points in the other sides position. 7. Because negotiations typically involve more than one issue, it is helpful for negotiators to anticipate different ways of packaging issues. They can balance the issues they regard as most important by being more flexible about items they deem less important. 8. Planning for negotiation also involves the development of supporting arguments. Negotiators must be able to present supporting facts and arguments, anticipate how the other side will respond to these arguments, and respond to the other partys claims with counter-arguments. 9. Finally, planning involves assessing the other partys priorities and interests and trying to get a better idea of what that party is likely to want. Negotiators should gather background information about the other partys current needs, resources, and interests. This can be done through preliminary interviews or consultations with those who have done business with the other party in the past. In addition, negotiators need to understand the other partys objectives. Negotiators should be aware of the other partys negotiation style, reputation, and the strategy and tactics they commonly use. They should investigate that partys past behavior in related settings, determine his or her organizational position, and find out whom he or she admires and whose advice carries weight. An individuals past negotiation behavior is a good indication of how he or she will behave in the future. Also, negotiators should understand the other partys alternatives. If the other negotiator has strong alternatives, he or she will probably be willing to set high objectives and be willing to push hard for these objectives during negotiation.