Chapter 3: ý
The Phases of a Negotiation |
Contents:
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The development of the subject matter takes
place in four phases.
These phases are:
¨
Exploration
¨
Bidding
¨
Bargaining
¨
Settling
The distinction between these four phases is
blurred in reality. Many negotiations proceed with the
participants jumping back and forth between the phases.
However, if you can aim to take them as
separate phases, you have a much higher chance of
controlling the negotiation.
The start of each phase leads to a surge in
energy amongst the participants. Each start of phase
represents a critical moment in the negotiation. Figure 3.1
illustrates how the Time and Energy pattern relates to the
four phases of a negotiation.

Figure 3.1: Phases of a negotiation
In this module we look at the two phases in
the negotiation: Exploration and Bidding.
We will treat Exploration in four stages:
Starting position, Creative possibilities, Principles and
Skills.
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3.1
Exploration – Starting Position

Exploration – Creative Possibilities

Exploration – Principles

Exploration – Skills

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3.1
Exploration – Starting Position
Why do we explore? The answer to this is that
we explore for the same reason that we assess any task
before undertaking it.
At the outset of a negotiation we know nothing about the
other party's perspective and they know nothing about ours.
Without exploration we could waste hours, for example,
finding out that we actually agree totally on an issue.
When two parties meet to negotiate, they
start with their own perspectives on the issue under
negotiation and with certain wariness towards each other. If
they follow the principles of this course, they will start
to move together at once by establishing a good climate and
then by agreeing on procedure. Their next step is to explore
the issue facing them not in an antagonistic manner, but
rather together.
The objective of both parties during the
first part of exploration is to fully understand the
position of the other party in order that they may both move
on to look for ways of reaching agreement.
At the start of exploration, there will be a
number of things which one party perceives about the issue
under discussion. There will also be things which neither
party perceives yet. This situation is illustrated in Figure
3.2. We both see the part where the lines overlap and
neither of us see the area bounded by the lines.
Figure 3.2: Exploration – Starting Position

Exploration
is a cooperative phase in which each party
strives to show the other as much as possible of what he or
she sees.
The approach is to listen carefully while the
other party tells you his position as fully as he can. You
avoid attacking any of his statements. You ask questions to
clarify what he is saying but you do not demand
justification. When you have listened and clarified your
understanding, restate his position in your own words to
verify that you do indeed fully understand his position.
Only when you have fully heard him out and
clarified what you have heard and have got his agreement
that your restatement of his view is correct do you respond.
You respond by starting your own position. Not in response
to his, but as if you had not yet met him. State your
position as an INDEPENDENT fact. Do not correct his view.
Help him to understand exactly what your position is. Of
course, it may be that you start and he responds, but the
approach is the same. At the end of this exchange, you each
understand a lot more about the overall position. You are in
a position to move on; however, it is important to AGREE on
where you now stand. Do this by emphasising any points of
AGREEMENT which have arisen during the exploration. Bring
these out as positive points and celebrate the fact that you
are on the way to overall agreement. Now state points of
difference. Do not worry about them. Just define them and
get them into the open. AGREE that these are the differences
between you and AGREE to explore them further later.
You are now in a position to move on to
discussing CREATIVE POSSIBILITIES. Unfortunately, most
negotiators who have not been through a programme like this
one adopt a very different approach to the first stage
negotiation. We call it the "Chip-Away" approach.
The "Chip-Away" approach arises from the
mistaken belief that if you allow the other party to say
something and you do not challenge it, you will have to
concede on that point. In the "Chip-Away" approach you chip
away at the other party's statements.
So, for example, when the other party says he wants 10,000
you say, "That is ridiculous! How do you justify asking 10?"
The moment you start to do this, DISAGREEMENT
sets in. The other party digs in and you are at war.
The whole essence of Constructive Negotiation
is that you do not DISAGREE. You proceed through a series of
AGREEMENTS to a final AGREEMENT.
The problem with the "Chip-Away"
approach is that it breaks the whole collaborative climate
of the negotiation. It also leads to getting stuck on the
first aspect of the subject to be discussed.
Do not Chip Away! Explore!
3.1.1
Exploration – Creative Possibilities
If you have carried out the first stage of
your exploration well, you and the other party now have an
agreed view on where you are in agreement and where you have
differences. You also know what those differences are in
specific terms.
It is now time to explore the creative
possibilities for working together. We are not talking about
making concessions. We are talking about investigating new
ways of looking at the subject matter which we both find
satisfactory.
The first step is to find those issues which
both parties would like to discuss. These issues should be
identified in general terms.
For example, one party might want to discuss
methods of payment, delivery terms and special
modifications. The other may want to discuss some of these
plus some ideas of his or her own.
Deliberately avoid delving into any idea.
Keep the ideas flowing and get a list down of possible areas
for discussion LATER.
The ideas will dry up fairly soon. When they
do, AGREE with the other party which ideas you would like to
discuss further. Then prioritise these ideas and put them
down for discussion.
If all has gone well, you and the other party
now have AGREED a number of ideas which you wish to develop
in order to find an overall agreement. You are now ready to
discuss these ideas in the phases of Bidding, Bargaining and
Settling. Before we go on to look at these phases, we need
to review the principles of Exploration and talk about the
skills involved.
3.1.2 Exploration – Principles
There are four main principles
to be observed during the exploration phases of a
negotiation. They are:
¨
Be positive
¨
Take a helicopter view
¨
Establish Common Goals
¨
Be open
By being positive we mean emphasise the
collaborative nature of the discussion and seek AGREEMENT.
Do not be negative or aggressive.
Comment on the goodwill existing
between the parties. Look for positive points to make. Where
the exploration reveals a difference, state it as a
challenge you both have to overcome, not as an unreasonable
demand by the other party. Taking a helicopter view means
operating above the level of scraps and problems and the
difficulties we are in now. Raise above all that and
emphasise the long-term interests of both parties working
together. Try to establish common goals. Look for areas
which are in the common interest and try establishing them
in such a way that all the difficulties will be confronted
together and not antagonistically.
The last principle is openness.
Be open and truthful in stating
your position and exploring the other party's position. That
is not to say you have to tell the other party all about
your cost structure, or that you have been told to get a
deal at any cost! It does mean being open and honest about
what you do say. Do not lie or bluff. And, if you do not
want to tell the other party something, tell them you don't
– openly!
3.1.3 Exploration – Skills
There are three skills areas important in
Exploration:
¨
Preparation
¨
Presentation
¨
Listening
In module 2 you were given some reading
material on Preparation. This
preparation and the preparation you did in terms of
establishing the Climate and Procedure in module 1 have a
vital impact on the success of the Exploration phase.
You will need your skill as a presenter.
For the exploration phase to work to the advantage of both
parties, it is essential that you can put your view across
accurately and clearly. Perhaps the most important skill of
all in this regard is the skill of listening. Listening is
the only way to understand the other party's perspective and
if you do not do it, you will not be able to discuss any
creative possibilities for reaching agreement.
Exploration is very important. If it is done
well, the chances of the parties seeing common ground are
greatly increased. The important things to remember are that
you must PREPARE in an appropriate way, you must LISTEN
well, you must not challenge what the other party says and
you must avoid getting involved with any one issue.
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3.2
Bidding

What Bid?

How
To Present The Bid

How
to Respond to A Bid

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3.2
Bidding
Bidding
is the process by which each of the parties
puts forward their offer on each of the issues in the deal.
It is important to distinguish the communication that takes
place in Bidding from that which takes place during
Exploration. There are some similarities.
During Exploration, the parties are concerned
with communicating their overall objectives, desires and
constraints. In Bidding, on the other hand, the parties make
specific proposals in the various areas which they have
identified during Exploration.
We will be treating Bidding in three parts:
What should you bid? How should you put your bid? And how
should you respond to a bid made by the other party?
3.2.1 What Bid?
The party selling something will want the
highest possible price for it. Similarly, the party buying
will want the lowest possible price. We will talk in terms
of the seller and let you turn the argument around for the
buyer yourself.
The answer to the question "what bid?" is THE
HIGHEST DEFENSIBLE BID.
The first mention of money is very important.
It immediately communicates to the other party the sort of
deal we are hoping for. Once made, it becomes the top price
you will be able to get from a negotiation. Once you have
mentioned a figure, you will not be able to go above it;
even of it later becomes clear that money is no object to
the other party.
There is also a tactical advantage in aiming
high. It affects the other party's expectation of the likely
settlement area. It has to be as high as you make it in the
circumstances but it must be commercially defensible. The
other party may ask you to justify it and you must have a
credible justification in reserve, even though we counsel
you not to volunteer that justification. In deciding how
high you can go in the circumstances you must bear in mind
where you are. Different cultures have different
expectations about negotiations.
In many Third World and some advanced countries people
expect you to set your opening bid far above where you
expect to settle. In Northern Europe, people bid where they
expect to settle. Take account of the other party in
deciding what is defensible. It is no good telling your
auditors that your overheads make their fees unattainable if
they know the inside story. Our advice is that if you are in
doubt, be completely truthful. Put the bid at which you
expect to settle and not depart from it.
3.2.2 How To Present The Bid
Having decided what constitutes the highest
defensible bid, the question arises of how to put it.
The rules here are:
Clearly
Firmly
Without justification
Without apology
The bid must be clear and firm to convey
confidence. It must be stated completely and not built up
to.
Do not explain how you arrived at the figure.
That is your affair. If you rehearse your thinking (real, or
contrived), you invite the other party to challenge you item
by item. Of course, the other party may well ask you justify
your bid in any case, but by explaining how you got there
voluntarily you are inviting a challenge.
You may well clarify your bid in response to
questions or of own volition. There
is an important distinction between clarification and
justification. Make sure the other party understands exactly
what you are bidding. You do not have to tell him or her why
you are bidding at that level.
3.2.3 How to Respond to A Bid
When the other party makes a bid, it is vital
that you understand exactly what they have bid. Does the
figure mentioned include VAT? What period until delivery are
we talking about? And so on.
To make sure you fully understand the bid,
ask questions to clarify what you have heard. Do not ask for
justification. Avoid any aggression or disagreement. Avoid
asking questions starting with "why".
When you believe you understand the other
party's bid, restate it in your own words to verify your
understanding and then AGREE your understanding with the
other party.
When you have understood the bid, make a
counter offer. As in Exploration, your counter offer is
independent of the other party's offer. Clarify any parts of
the offer the other party may not have understood.
When you have made your counter offer, you
and the other party can look at the two bids and identify
the areas of agreement and the areas of difference. How to
bridge any gap there may be is discussed in the next module.
If all has gone well, at the end of the
Bidding stage, each party has made a firm offer which is
understood by the other party. You are now ready to move on
to the bringing together of the parties by bargaining and
Settling. As in Exploration, many people respond to a bid by
the technique known as "Chipping Away". The party using this
approach simply attacks the bid made by the first party
without making his or her own position clear. Chipping Away
involves challenging the Bidder to justify the bid and
attacking each stage of the justification.
This approach puts pressure on the bidder and
leads to conflict. The bidder is pulled towards the other
party without any clear idea of where he is going. If you do
find yourself up against someone trying to chip away at your
bid, try not to play that game. Say something like, "Rather
than explain how arrived at my figure, could I ask what your
figure is. We may not be that far apart". The object of the
Bidding phase is to arrive at a stage where each party has
made an offer at which he or she is prepared to settle.
There will be differences in these positions and the parties
must now seek constructively to find some end point which is
to their mutual satisfaction.
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3.3
Bargaining – The Outset

Bargaining – The Principles


Bargaining – The Skills
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3.3
Bargaining – The Outset
It is essential to review where, exactly; we
are at the outset of the Bargaining phase. We have
established a good working climate and we have agreed a
Procedure for the Negotiation.
We have stated our respective positions,
clarified our understanding of them and have agreed on areas
for discussion (Exploration).
We have now made our first Bids. If these
have been done well, they will have been presented
laterally, i.e., they will cover several issues.
It is very likely that we will want to take a
RECESS around this point. A recess would be helpful before
putting our first bids and/or after doing so. This is, of
course, a matter for your judgment, but we would be
surprised if you could undertake any but the simplest of
negotiations without a recess to take stock.
Assuming that you are now ready to Bargain,
the first step is to make sure you fully understand the Bid
facing you. Until now we have advised a totally neutral
approach to the other party's statements, concentrating on
understanding them only.
Now we advise a more searching response.
Check each item of the other party's bid. Ask why they
require that particular outcome and ask how important it is
to the other party. Ask how flexible the other party is on
the issue.
Once again, it is important to be
collaborative and not aggressive. You are not challenging
his requirements. You are clarifying them and getting a
sense of his priorities. Note his answers without comment.
If he says that having it Electric Blue is very important to
him, accept that and do not tell him that he could surely
manage with Pink!
At the end of this phase, you should be able
to state to the other party what his bid is and what parts
of it are vital to him, without in any way threatening him.
You should be able to AGREE on a statement like, "So you are
offering a maximum of 6.50 per unit, they must be Electric
Blue, you must have at least 50 by next week, but you are
not unduly concerned about when the other 500 are delivered,
within reason, and you are able to pay straight away so
extended credit is not important to you?".
That statement may be miles away from what
you would like to hear, but you are in a position to agree
on the statement rather than argue about issues.
When the other party examines your bid in the
same way, limit your answers to the essentials he asks for.
If he asks if you are able to deliver in less
than four weeks, tell him "no" if that is your answer and do
not start telling him about your other priorities at the
plant.
At this stage, ASSESS THE POSITION. If
necessary, take a recess to do so. Then agree with the other
party what the areas of difference between you are and what
the points of overlap are.
This is where you need endless patience! You
need to form a judgment based on what you have heard as to
whether they have enough flexibility and you have enough
flexibility to meet in an area where it will still be to
your benefit to do business.
If so, you are ready to start Bargaining.
3.3.1 Bargaining – The Principles
What is bargaining? Bargaining is the
process of offering to change your bid in return for a
change in the other party's bid. Obviously, the hope is
that one or other party will eventually make a revised bid
which is acceptable to the other party. At this stage they
can SETTLE. It is quite possible to bargain without Settling
and it is also possible to settle directly without
Bargaining. Your initial Bids may be quite acceptable to
each other!
Let us assume that Bargaining is required!
The most important principle is to move
laterally and not vertically.
If you are discussing price, all you can do is argue about
it. If you are discussing price, delivery and payment terms,
you can trade one against the other to get movement.
The next five principles concern changing
your bid.
1)
Do not offer to change your bid unilaterally.
Make sure the other party makes a corresponding offer to
change his or her bid.
2)
Make sure that the pace of change is similar
as between the parties.
For example, if you concede a little ensure that the other
party concedes a corresponding amount before moving.
Exchange something of minor importance to you for something
of major importance to you. Incidentally, this is not the
same as adopting a "winning approach". If you can trade
something of minor importance to you for something of major
importance to you but which is of minor importance to the
other party, he has not "lost".
3)
Help the other party to see each of your
concessions as being significant.
4)
Aim high.
5)
Move at a measured pace towards the likely
settlement point.
This measured pace is very important to avoid
losing ground, as shown in Figure 3.2. It may become
apparent to you that you are likely to reach agreement
midway between your current bid and the other party's
current bid.
Figure 3.2: Measured pace

If you simply assume that this will happen
and offer to settle there the other party may well see the
difference between you to have narrowed and try to settle
midway between the new offer and his current bid. Hence,
even if you think you can see the way things are going,
still proceed in careful stages at a measured pace towards
where you expect to end up.
3.3.2 Bargaining – The Skills
The skills required in the Bargaining phase
are similar to those emphasized in earlier parts of the
programme.
They are: be positive; take a
helicopter view; avoid aggression; ask, don't tell; confront
issues, not people; prepare; establish common goals; be
open; and so on. A few need special emphasis during the
Bargaining Phase.
The first is to avoid any loss of face
by the party.
Be able to defuse any clash. You need this skill to break
any impasses which arise. The secret is to keep things
fluid. Avoid getting stuck on an issue so that one party has
to win and one loses. You do this by knowing when to
introduce another issue. For example, you may offer to leave
the issue of price for a while and look at something else.
When you do return to price, you may both be prepared to
move in exchange for movement elsewhere.
The second is to avoid any conflict.
You do this by focusing on issues rather than people. If
conflict arises on an issue, change the issue, or take a
break. A break can be very effective and you can use it to
re-establish the collaborative climate. You can go for a
walk with the other party and get back on the same side by
talking about issues totally unconnected with the
negotiation. Your holiday plans, for instance.
Thirdly,
be objective and reasonable throughout.
Never react to a bid or concession in a hostile or
incredulous fashion. Keep using your skills to verify what
you are hearing and AGREE your interpretation with the other
party. If the other party really annoys you, take a break
until you are able to be cool and reasonable again. Deflect
challenges to your bids and concessions by asking for a
counter move.
Fourthly,
do not tell the other party what is good for him.
Any advantage which a party perceives for himself is a plus.
Any advantage he is told about is a minus. If you think you
can see an advantage to the other party in some aspect of
your bid, ask him if it is of benefit to him. Do not tell
him.
Finally, do not bluff. Above all, do not lie
or bully.
In fact do not say anything you do not mean. It is much
better to be open and honest throughout.
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3.4
Settling

The
Essence of SETTLEMENT Is TIMING

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3.4 Settling
As the Bargaining phase develops, the
positions of the parties will move steadily closer. There
will come a time when overall agreement is in sight. The
parties are now approaching SETTLEMENT, that vital and short
phase when they hammer out a final agreement.
3.4.1 The Essence of SETTLEMENT Is TIMING
When agreement is in sight, the energy levels
of the parties will rise. This burst of energy will be short
lived. If agreement is reached quickly, all will be well.
However, if the parties try to do too much in this phase,
energy will collapse again and the negotiation will be in
ruins.
1)
DO NOT RUSH INTO IT
2)
DO NOT ATTEMPT TO CRAM TOO MUCH IN
If you have been negotiating hard on price,
delivery and quality and all that now separates you is that
your customer wants delivery in 8 months and you want to
deliver in 9 months, it is very tempting to cave in to
secure agreement. So you say, "All right, 8 months". Don't!
If you have not reached a position with which
you are happy, continue to bargain. Certainly do not agree
to anything you cannot live with.
If you CAN deliver in 8 months, try and settle at 81/2
months. Give the other party the satisfaction of forcing a
hard bargain!
When you have agreement available, seize the
moment. Grasp the agreement and do not over elaborate.
It is sometimes tempting to use the burst of
energy and good
will that occurs when agreement is reached to
try and add in agreement on some details which have not been
properly agreed. This can destroy the agreement and sour the
climate. Rather, agree on the overall deal. If there are
details to be worked out, agree to resolve them at a later
date.
Once you have agreement, SUMMARISE it. Make
sure you both understand exactly what you have agreed. Agree
any action that must follow from the negotiation. And then
part in a friendly way.
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3.5
Preparation for Negotiation

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3.5
Preparation for Negotiation
This note is to make more specific
suggestions about preparation for constructive negotiations,
and briefly to comment on preparation for major negotiations
involving a long series of meetings.
Let us again emphasise the need for effective preparation.
The negotiator who wants to control the negotiating process
must know how he or she intends to conduct the negotiation.
He or she should have clearly defined targets but must also
be flexible.
The skills of constructive negotiation
include a high ability to listen and to work constructively
to forge a business relationship and business friendship
with a commercial partner. Being determined to stick to a
fixed position destroys that form of negotiation. It
blinkers the negotiator's thinking and deadens his awareness
of constructive possibilities; it leads quickly to
controversial issues and reduces the probability of
agreement.
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3.6
Preparation for Constructive Negotiations
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3.6
Preparation for Constructive Negotiations
In the notes on preparation in module 2, we
suggested the use of the A4/A5/A6 technique.
Now we recommend not 1 x A6 but 3 x A6:
A procedural A6
An opening statement A6
A question A6
The
procedural A6 is to the same pattern as described in module
2, but with the addition of a third element. A third P. The
Pace or time available.
The procedural A6 thus contains 3 Ps:
P - 1 key word for purpose
P – 4 key words for Plan
P – Time or Pace
The second A6 is for the opening statement
which your side will aim to put. This should be positive,
containing your view of past and prospective relationships
with the other party, some sense of a range of
possibilities, points which establish the level of your
interest in matters of mutual interest.
Do not at this stage go into specific figures
and other controversial issues. These have to be worked out
gradually. Make a note elsewhere (see below) of any
particular figures which you anticipate needing to propose
later on.
The Questions A6:
This should contain 4 key words on matters
which you hope the other party will touch on in their
opening statement. Questions which can be diplomatically
raised by you, if they are not covered in the opening
periods.
The combination of your opening statement and
that of the other party will form the basis on which you can
both build to reach a mutually satisfactory agreement.
Premature bidding prevents parties reaching that
constructive phase.
Never try short cut the need for 3 separate
A6s.
Always have them, specially prepared for each meeting, even
if they are only kept tucked away in an inside pocket.
For the moment, we are recommending an
elaborate process. Try it.
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3.7
Major
Negotiations
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3.7
Major Negotiations
The preparation methods described in this
programme so far have been in terms of relatively short
negotiations. Further methods are needed if, for example, we
are going to be involved in negotiation lasting several
months, involving repeated meetings.
In principle, the method we suggest now is
first an A4/A5 process, covering the main objectives,
strategies, tactics and team selection for the negotiation.
Subsequently, successive uses of the A4/A5/A6 approach in
advance of each stage.
Delegates with special interest in such major
negotiations should consider chapter 17 in Bill Scott's book
"The Skills of Negotiating". That chapter deals with
"conducting extensive negotiations" under the headings:
1.
The preliminaries
2.
Conduct of the negotiation
3.
After the negotiation
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3.8
Lateral versus Vertical Negotiating
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3.8
Lateral versus Vertical Negotiating
Throughout this program we have emphasized
the need to advance on a broad front rather than get stuck
on individual issues too early.
For example, during the early phases of the
negotiation we advised agreeing on overall time constraints
and procedures, rather than getting straight down to
specific issues.
When exploring, we advised that you do not
challenge the individual statements made by the other party,
but rather you hear them out and then make a complete
statement about all aspects of your position before
proceeding.
Whilst generating Creative Possibilities, we
advised moving rapidly forward to list the greatest number
of areas for possible discussion, rather than exploring each
one in detail as soon as it arose.
There are many other examples of this
approach which we call "LATERAL NEGOTIATING". Lateral
Negotiating is one of the cardinal principles of this
programme.
In Lateral Negotiation, we proceed across a
board font, starting with a policy agreement, for example.
We then go into more detail across the board
until we reach overall agreement. It is a Grand Strategy and
enables us to see the overall picture at all times.
Vertical Negotiation, on the other hand,
involves seizing on an issue and batting away until a final
agreement on that one issue is reached. Only then do you
move on to the next issue. This makes trading one issue
against another almost impossible. The negotiation turns
into a series of confrontations as each issue is raised.
Adopting a Lateral approach is important at
all stages of a negotiation. It is particularly important in
both the Bidding and bargaining stages. Bidding and
Bargaining are deistic processes but they tend to cycle and
recycle round each other.
A Bid is followed by Bargaining and this
leads to new Bids. It is vital that the lateral approach is
followed all the time during this process to ensure that all
the variable factors in a negotiation can be brought into
play.
3.8.1 Procedural Control
Procedural Control governs in the EFFICENCY
of a negotiation. It is possible for the parties to blunder
about, neither of them sure of how the other wants to tackle
the discussion. It is possible to dodge haphazardly amongst
the phases which we have identified during this programme.
It is even possible still to come to an agreement.
It is possible but it is not efficient. It
reduces the chance of finding a constructive agreement. The
human mind can tolerate and work with a limited amount of
uncertainty.
It becomes ineffective when there is too much
uncertainty and there is no need to complicate the
inevitable haze about the subject matter with further
haziness about procedure.
The best approach is to follow the advice
given in module 1 and establish your Purpose, Plan and Pace
at the outset.
Then you must ensure that you follow your
plan or. At least, revise it by mutual agreement and follow
the new plan.
The key steps to exercising control in
subsequent steps of the negotiation are:
·
Check Progress
·
Summarise Agreement
·
Check the time
·
Agree what next
The effect of doing this will be:
1)
To raise energy levels
2)
To keep things moving forward
3)
To help participants see where they are
When you summarise agreement, you are
emphasising the positive. If you are stuck on one issue and
the whole thing looks like collapsing, remind yourself and
the other party that you are 80% of the way home gives a
great boost to everyone's determination to resolve the
problem issue. When you check progress, if it is apparent
that you have not moved on from last time, you may decide to
move to another issue, or take a break. In other words,
realising that you are stuck may be sufficient to make you
take action to get unstuck. Alternatively, if you have moved
on, even a little, all participants will realise that
progress is being made and that it is worth putting more
effort into going forward.
Checking time has the effect of boosting
energy levels slightly and encouraging participants to step
back and take the helicopter view, rather than risk losing
everything because of being bogged down on a comparatively
minor point. In the light of your check on the
process, you can agree what to do next. This may be to
continue as you are, but it may be to move on to a new area.
Keeping control of the process of the negotiation is so
important that it is worth appointing one of your team to
monitor it. If you are negotiating alone, you must still be
very aware of the process and prepared to exercise control.
Such control needs to be exercised every fifteen minutes or
so.
3.8.2 Climate Control
Settlement is reached by steering the
negotiation steadily towards it.
However, settlement is only likely to be reached when there
is goodwill between the parties. The most skilful procedural
control will avail you naught if the other party has decided
you are nasty piece of work to be beaten into the ground or
disagreed with. As we said in module 1, the first few
moments are more important in establishing the climate of a
negotiation than anything you do in the middle.
Nonetheless, people get tired during the
negotiation and can feel under considerable stress, it is
very important that the friendly and collaborative
atmosphere is not allowed to deteriorate. The atmosphere is
maintained by using the skills in this programme. Make
counter statements rather than challenge. Be polite.
Question rather than tell. Confront issues not people. There
are steps you can take to improve a climate which is
deteriorating despite all these factors. Humour, a little
light relief, or leaving the subject entirely for a short
time can restore a flagging climate. A bit of refreshment
can make a difference. Coffee or water can help a lot. By
all means break if problems are arising. This is not quite
the same as a recess, in which you consider your positions
separately. In a break, you may well stay together, but talk
about something quite unconnected with the subject under
negotiation. If the weather permits, a walk together may
help considerably. In a long negotiation, a swim, game of
golf or dinner together can restore the climate. It is a
good idea to schedule in breaks during a negotiation when
you are at the planning stage. People look forward to them
and their energy therefore remains high. However you do it,
it is as important to maintain a constructive climate as it
to control the procedure.
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3.9
Summary
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3.9
Summary
Use the A4/A5/A6 approach. Adapt this for
more constructive negotiation to 3 X A6: i.e., Procedural;
Opening Statement; Questions.
Practice and develop your expertise in using
this approach before trying any short cuts. More elaborate
preparation is needed for longer negotiations.
Concentrate on developing your approach for
constructive negotiations.
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3.10
Review of Module3

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3.10 Review of Module3
In the third module, we looked at the
processes of BARGAINING and SETTLING.
In previous modules, we reached the stage at
which the parties agreed the issues for discussion and knew
much more about each other's position than they did at the
outset.
Now they have to move to an agreement.
We looked at two different approaches to
negotiation: lateral and vertical.
We looked at BARGAINNG in terms of WHEN to
bargain, the PRINCIPLES of bargaining and the SKILLS you
need to apply during bargaining.
We looked at SETTLING, the point at which
agreement is reached.
Here we were concerned with the timing of a
settlement and what to do and not to do during this
bargaining.
Finally, we looked at CONTROLLING THE CLIMATE AND
PROCEDURE. |
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