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    9/23/2012

    ARTICLE

    SUMMARYCOLLECTIVE BARGAINING AND NEGOTIATION

    GROUP10

    ANUJ THAKUR (2011PGP559)

    GOVIND RAJ KAUSHIK M (2011PGP640)

    PERALA PRATHEEK(2011PGP773)

    PUPPALA MOUNIKA (2011PGP802)

    SHAKUN GUPTA (2011PGP868)

    UNHALE NARESHKUMAR RAMC (2011PGP921)

    SIX HABITS OF MERELY EFFECTIVE NEGOTIATOR

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    Effective Negotiation is both science as well as art. Though negotiation is done through a process

    involving various stakeholders of buyer and seller companies, it is also an art to effectively close a

    deal through negotiations and make sure both sides end up in a win-win situation. Most executives

    know the basics of negotiation. While some are highly skilled in this area, yet due to high stakes,

    intense pressure and careless and mistakes, they turn key negotiations into disasters. Even

    experienced negotiators damage deals, leaving money on the table, getting stuck in deadlock

    situations and damage working relationships.

    In any negotiation, each side must ultimately choose between two options whether to accept the

    deal or look for its best no-deal option i.e. BATNA. While it is important to protect our own choice,

    we need to understand and shape our counterparts perceived decision and make sure they choose

    in their own interest what we want. In this way we can jointly create and claim sustainable value

    from a negotiation.

    There are many specific reasons for bad outcomes in negotiations, yet experienced negotiators

    make six common mistakes that can distract from their real purpose: getting the other side to

    choose what you want for their own reasons.

    Mistake 1: Neglecting the Other Sides Problem

    We cant negotiate effectively unless we dont understand our own interests and other no-deal

    alternatives. However if we dont understand the deal from the other sides perspective, we cant

    solve their problem or ours. So we need to understand and address counterparts problem as a

    means to solve our own. Most importantly we always need to try to put ourselves in the other

    persons shoes and understand in depth what value the other side is actually looking out from the

    deal.

    Some tough negotiators sometimes see the other sides concerns but neglect them claiming that

    they bother about their problem. This attitude can undercut the ability to profitably influence how

    the counterpart sees its problem. Many executives succeeded by understanding the deal from the

    other side of the table and reduced the gap of the golden bridge, spanning the gulf between where

    the counterpart is now and our desired point.

    Mistake 2: Letting Price Bulldoze Other Interests

    Most deals are 50% emotional and 50% economics. While price is an important factor in most deals,

    it is rarely the only factor to be considered while negotiating. Negotiators who pay attention

    exclusively to price turn potentially cooperative deals into adversarial ones. This is called reverse

    Midasnegotiation where hard-bargaining tactics (win-lose bargaining) are used that ultimately lose

    potential gains that could have been achieved otherwise.

    Several studies have revealed that people in reality care about much more than the absolute level of

    their own economic outcome. Other interests such as relative results, perceived fairness, self-image,

    reputation etc. are also important.

    Successful negotiators who accepted that price isnt everything identified four important non-price

    factors.

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    The Relationship

    Less experienced negotiators often undervalue the importance of developing working relationships

    with the other parties by majorly concentrating on price and neglecting the relationship factor. This

    is mostly true in cross-border deals. Results-oriented North Americans, Northern Europeans and

    Australians often insist prematurely on get down to business way. Whereas countries like in LatinAmerica, southern Europe, and Southeast Asia stress more on relationships rather than transactions

    working for long term deals.

    The Social Contract

    Similarly negotiators tend to focus more on the economic contract at the expense of social contract,

    or the spirit of a deal. Employing a social contract develops peoples expectations about the

    nature, extent and duration of the venture and about the way unforeseen events will be handled.

    The Process

    A deal making process is as important as its content. Negotiators often forget about this and takethings for granted and does not achieve the expected outcome. More sustainable results are

    reached when all parties perceive the process as personal, respectful, straightforward and fair.

    The Interest of the Full Set of Players

    While overall economics are generally necessary they are often not sufficient. So we need to keep all

    potentially influential internal players communicated and involved in the deal making process. We

    should ensure not lose sight of their interests or capacity to affect the deal. What is rational for the

    whole may not be so for the individuals.

    So, wise negotiators need to work with the subjective as well as objective, with the process and the

    relationship, with the social contract, and with the interests of the parts as well as the whole.

    Mistake 3: Letting Positions Drive out Interests

    Many negotiators often out-pass interests and give importance to their positions and lose a

    potential gain which could have been achieved by jointly solving problems. Both the parties will have

    their own set of interests so by jointly discussing the interests and coming to common consensus

    would create new value to both the parties. Reverse Midas negotiators mostly fixate on price based

    on their positions. This positional approach in turn will drive towards a value-claiming process.

    Great negotiators understand that the dance of bargaining positions is only the surface game but the

    real art lies when they have probed behind positions for the full set of interests at stake.

    People have built-in bias towards focusing on their positions though they can see clear advantages

    of reconciling deeper interests. This assumption that the interests are incompatible implies a zero-

    sum pie in which it is ones gain is anothers loss. If we recognize and productively manage the

    cooperative actions needed to create value and competitive ones needed to claim it, we can actually

    both expand and divide the pie.

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    Mistake 4: Searching Too Hard for Common Ground

    Though we need to find a win-win agreement by searching for common ground, many of the most

    frequently overlooked sources of value in negotiation arise from differences among the parties.

    Differences of interest and priority can help unbundling different elements and giving each party

    what it values the most. Even when an issue seems purely economic, finding differences can break

    open deadlocked deals.

    Differences in forecast of a company can also help in joint gains like contingent payments or earn-

    outs. A savvy negotiator could use these differences to bridge the value gap by proposing a deal in

    which the buyer pays a fixed amount now and a contingent amount later on the basis of the

    companys performance. A less risk-averse party can insure a more risk-averse one. An impatient

    party can get most of the early money, while his more patient counterpart can get considerably

    more over a longer period of time. While common ground helps, differences drive deals.

    Mistake 5: Neglecting BATNAs

    Negotiators often become preoccupied with tactics, trying to improve the potential deal while

    neglecting their own BATNA and that of the other side.A BATNA may involve walking away,

    prolonging a stalemate, approaching another potential buyer, making something in-house rather

    than settling, forming a different alliance, or going on strike. BATNAs set the threshold in terms of

    the full set of interests that any acceptable agreements must exceed.

    Not only we should asses our own BATNA, we should but also think carefully about other sides. The

    better our BATNA appears to both the parties, the more credible our threat to walk away becomes,

    and the more it can serve as leverage to improve the deal.

    Mistake 6: Failing to Correct for Skewed Vision

    Different perceptions of negotiators can lead to major errors in deal making.

    Self-Serving Role Bias: People tend unconsciously to interpret information pertaining to their own

    side in a strongly self-serving way. Getting too committed to our own point of view i.e. believing in

    our own line is an extremely common mistake. Even comparatively modest role biases can also blow

    up potential deals.

    Partisan Perceptions: We generally make mistakes by processing information critical to our own side

    and assessing the other side. Research studies have proven that we have an unconscious mechanism

    of portraying one side as talented, honest, and morally upright while simultaneously vilifying the

    opposition.Partisan perceptions can easily become self-fulfilling prophecies. By seeking the views of

    outsiders can help in getting a neutral assessment of the problem and this helps us in a better deal

    making negotiations.

    Finally by avoiding the above mistakes by following necessary remedial steps, negotiations help us in

    maximizing the chances for better results with better focus on full interests of all parties rather than

    fixating on price, by looking beyond common ground to unearth value-creating differences.

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    Critical Review

    It is important to note that the article Six Habits of Merely Effective Negotiators focuses on the six

    common mistakes that are made even by the experienced negotiators and is not an exhaustive list

    of the mistakes that are observed during negotiations.

    In the introduction, the authors tone suggests a hint of irony; even though most executives know

    the basics of negotiation, the bad habits that creep in makes them lose the negotiations, sometimes

    losing money or straining the relationships. The author, James K. Sebenius rightly points out that the

    ultimate goal of every negotiation should be to either accept a deal or take the best no deal option

    available. This does not seem to be the goal of many negotiators.

    Regarding the first mistake, it is true that overcoming self-centredbehaviour is critical. However, the

    example cited about a technology company is not strong enough to support this point. The example

    merely shows lack of thorough preparation by the company and has less to do with understanding

    the opposite party. An example about someone trying to understand the expectations and motives

    would have been a more suitable example.

    Sometimes people go to any length to win a petty argument but only at a risk of losing the

    relationship. This is particularly true in case of negotiation where price is given such a high priority

    that the contracts and relationships are overlooked. The author also gives very strong examples from

    research which validates this point. The article then focuses on issues, positions and interests which

    are underlying elements in a negotiation. The author expresses his surprise as to how negotiators fail

    in recognizing the importance of converging on the underlying interests and value creation rather

    fixating on the position or the stand which one has taken. A very good example of a dam

    construction has been cited where the solution has been reached because of focusing on the

    underlying interest of the parties involved rather than assuming it to be a zero sum game.

    A beautiful example has been cited for the 4th

    common mistake where people get caught up in trying

    to find out a common ground which further leads to assumptions. This mistake is in a way

    contradictory to what was mentioned in the earlier however, the differences are actually used to

    break the deadlocks. James then speaks about the other common mistakes which are neglecting the

    BATNAs and negotiators failing to correct for a skewed vision. His tone appears to be disappointed

    as he feels that even extremely seasoned negotiators tend to interpret information related to their

    own side and calls it as the self-serving role bias.

    He concludes by summarizing the common mistakes and provides a list of additional mistakes which

    people commit. He suggests that to be an effective negotiator one has to take a broader approach tosolving the right problem.

    The most important takeaway from the article is for the negotiators to focus on value creation. One

    should not consider a negotiation to be a zero sum game; rather focus on value creation and try to

    converge on the interest of all the parties rather than sticking to the position that one has taken.