NegotiationNOTES BY: Owais Ahmad Bhat

Definition of negotiation

Negotiation is a dialogue intended to resolve disputes, to produce an agreement upon courses of action, to bargain for individual or collective advantage, or to craft outcomes to satisfy various interests. It is the primary method of alternative dispute resolution. Negotiation occurs in business, non-profit organizations and government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life. The study of the subject is called negotiation theory. The word "negotiation" is from the Latin expression, "negotiatus", and past participle of negotiate which means "to carry on business".

Basic concepts of negotiation

Strategies and Tactics

Before turning to our discussion of the various approaches to negotiation reflected in the existing literature, it is helpful to say a word here about strategies and tactics and how they fit into the various schools. A strategy is “a careful plan or method, especially for achieving an end.” Whereas the use of Tactics refers to “the skill of using available means” to reach that end.These approaches involve the presupposition that negotiations are zero-sum transactions. In other words, negotiators look at negotiations as contests over a limited or fixed amount of some mutually desired benefit such that one person’s gain is another person’s loss. The totality of available benefits is often represented metaphorically as a ‘pie’. Because negotiators battle over a fixed amount of some good or benefit, negotiators hope to ‘win’ a portion or ‘slice’ of the pie at the expense of a corresponding loss (of pie) by the other (see Figure 1a). This approach is in contrast to approaches that seek to use negotiations as a way to enlarge the pie, or in other words, to multiply gains in order to make both parties better off (Figure 1b). As a result, these approaches tend to invoke strategies that are distributive or predatorial in nature. Distributive Strategies, also known as “zero-sum”, competitive, or “win-lose” strategies are

based on this competitive view of negotiations. They are designed to secure the biggest slice possible of the proverbial pie for one side (also called “claiming value”), while leaving the other side with the smallest helping possible. The tactics used in distributive bargaining are therefore intended to help those who use themto claim value for themselves while defending against the efforts of an opponent to do the same. Because competitive strategies produce win-lose outcomes, many (particularly those who ascribe to the integrative school) view such strategies as destructive.

Tactics characteristic of distributive bargaining:

Coercion: using force, or the threat of force to wrestle concessions from an opponent.Opening strong: starting out with a position that is higher than what you realistically estimate you can achieve.Salami tactics: prolonging a negotiation to a painstakingly slow pace, only giving a very small concession to the other side when it can no longer be avoided in order to placate the other side for a little while longer.

Reservation point, bottom lines and ZOPAs

What makes a negotiated solution possible? To answer this question, we turn briefly to several key concepts used in both distributive and integrative approaches to negotiations. In any negotiation, each side has a reservation point, sometimes referred to as a ‘bottom line’. It is a point beyond which a person will not go and instead breaks off negotiations (Raiffa,1982). It is also a point that is not generally known by opposing parties and a value, which Raiffa and others argue, should be kept secret. The reservation points of negotiating parties help to frame the likelihood and possible scope of an agreement. To understand how, consider the following:

Imagine a local sugar processor and its main sugar beat supplier are negotiatinga new 3-year contract. Though the processor may hope to pay less, he knowsthat the purchase would still be worth his while at a price of up to 5Є/ton. In thisexample, 5Є/ton is the processor’s reservation point. Now imagine that thesupplier knows that (despite hoping to win a higher price through negotiations)she would be willing to sell her stock of raw sugar to the processor for aminimum of 4 Є/ton. This amount is the reservation price of the seller because

for less than this amount the seller will not make a deal.

In the case above, because there is an overlap between the maximum purchase price that the buyer is willing to pay and the minimum sell price that the seller is willing to accept, the pair is said to possess a Zone of Agreement or Zone of Possible Agreement(ZOPA) . The ZOPA constitutes the overlap range between reservation points (in our example, anything between the 4 to 5 Є per ton of sugar beat). If the negotiators are successful, they will come to an agreement somewhere within this range, and thus both come out better than they would have had they gone elsewere. If, on the other hand, the maximum buy and minimum sell price do not overlap, then no ZOPA exists. An agreement in such cases is highly unlikely and the parties may do better in some other arrangement. When a ZOPA exists, there is a possibility (but not certainty) that the parties may come to a mutually acceptable arrangement. Calculating where the ZOPA lies can be a difficult task given possible gaps in information, uncertainties about true values and the need for estimations. This is, however, a critical step if the negotiator is to have a clear view of the situation.

Integrative approach to negotioations

Integrative approaches, in sharp contrast to distributive approaches, frame negotiations asinteractions with win-win potential. Whereas a zero-sum view sees the goal of negotiationsas an effort to claim one’s share over a “fixed amount of pie”, integrative theories andstrategies look for ways of creating value, or “expanding the pie,” [see figure 1b] so thatthere is more to share between parties as a result of negotiation. Integrative approaches useobjective criteria, look to create conditions of mutual gain, and emphasize the importance ofexchanging information between parties and group problem-solving (Lewicki et al., 2003).Because integrative approaches emphasize problem solving, cooperation, joint decisionmakingand mutual gains, integrative strategies call for participants to work jointly to createwin-win solutions. They involve uncovering interests, generating options and searching forcommonalities between parties11. Negotiators may look for ways to create value, and

develop shared principles as a basis for decision-making about how outputs should beclaimed (and who claims them). the authors maintain that negotiation is a process. As such, planning for andnegotiating over the process itself are as critical for the outcome of a negotiation as thenegotiation over the substantial issues themselves. Parties must take time to considerquestions such as: Who will be negotiating? What issues will be discussed? How will thesebe discussed? What should the order and value of the issues be? And how willcommitments be decided?. Taking the time to negotiate the process before diving into talksis beneficial to all the parties involved. It might be time consuming, but in the long run“[negotiating the process] will not only save time, but it also will enable wiser, more robust,and more valuable deals” Timing is considered to be another important factor in negotiations. Zartman has arguedthat parties are unlikely to enter talks before a situation is ‘ripe for a solution’, a conditionthat occurs when the parties realize that the status quo “is a lose-lose situation, not a winlosesituation.” However, the authors maintain that ripeness, while necessary, is not asufficient condition for successful negotiations. For this, the presence of a MutuallyHurting Stalemate is also required, a condition of intolerable ‘hurting’ or mutual loss(Zartman and Berman, 1982). This kind of a stalemate arises out of the suffering thatresults when parties fail to solve an important problem. In general, parties enter intonegotiations to escape an unpleasant state of affairs when they believe that in doing so theyhave a better chance of achieving a favorable outcome, than by any other means

PRACTICAL STEPS TO INTEGRATIVE BARGAINING: THE SEVEN ELEMENTS

OF PRINCIPLED NEGOTIATION

Incorporating and extending upon previous literature on integrative bargaining Fisher and

Ury summed up their approach to integrative bargaining with what they call the “sevenessential elements” of principled negotiation: interests, people, alternatives, options,criteria/legitimacy, commitments and communication . Theseelements are explored in the following.

Identifying interests

According to Fisher and Ury, the first step in principled negotiations is to identify theinterests involved in an issue area as opposed to dealing with positions of the negotiatingparties. This distinction is an important one in the integrative school. Positions represent thestated stances and objectives of the negotiating parties, and are the focus of distributivebargaining whereas interests are the underlying reasons that explain people’s positions.Integrative approaches maintain that to negotiate efficiently negotiators should go beyondpositions and seek to satisfy true underlying interests. In so doing, negotiators can approachissues of mutual concern with greater creativity, understanding and flexibility. Interests maybe harder to identify than positions and may be unspoken or even hidden behind a party’sstated demand or position.

People

Another element of integrative strategies involves People. In Getting to Yes, Fisher and Ury argue that parties in a dispute often forget that the other side consists of people who, just like themselves, are subject to the human frailties such as emotions, potentials for misunderstandings and mistaken assumptions. Another rule for the principled negotiator is therefore to separate the people from the problem. This means finding a way for solving a problem without getting distracted by personal elements, and coming to an agreement in a manner that will preserve the relationship.The better the relationship, the more cooperation each side will get from the other, the more information can be shared comfortably, and the higher the prospects for arriving at a win-win solution. To help build

relationships, Fisher and Ury recommend considering the use of tactics that can help negotiators to get to know the other party. This may include finding ways to meet informally, arriving early to chat or staying on after formal negotiations end. Negotiators should also remain aware of important tactics and considerations that help negotiators to feel as though they can emerge from the negotiation with self-respect, and the good opinion of others. This may mean taking steps to make surethat neither party is forced to loose face or appear personally compromised as a consequence of having accommodated the other party’s demands. Saving face can be the key to negotiations that have reached a stalemate or to situations where negotiations have not started. It may involve offering gestures that give an opponent a way to justify a change in their own position, perhaps before an interested constituency.On the other hand, negotiators should be aware that protecting against loss of face should not become so central to the process that it swamps the importance of the tangible issues at stake, or generates intense conflicts that can delay or prevent progress toward agreement.Honesty and Trust. Negotiators should never underestimate the importance of Honesty andTrust in negotiations. It is critical. The perception negotiators have of each other is a crucialfactor influencing the fluidity of negotiations. Being respectful, diplomatic and maintainingone’s credibility is essential to creating positive personal relationships and preventingnegative emotions that can result in a return to distributive tactics. This is sometimes easiersaid than done; trust in relationships is slow to build and easy to destroy. Honoringcommitments is one way that parties build trust, and thus serves as another essentialelement of negotiations (Fisher and Ertel, 1995).

Alternatives

In order to set realistic goals, negotiators must start by considering certain fundamental questions: where will each side be if no agreement is reached? What alternative solutions are available for meeting your goals if you cannot count on the cooperation of the other side? As seen earlier, attention to alternatives is an important feature of distributive as well as of integrative-based approaches. However, in contrast to the emphasis that is placed on concepts such as reservation

points and bottom lines in positional approaches to bargaining, integrative approaches tend to take a slightly more nuanced view of the role of alternativesin negotiation. Fisher and Ury argue that it is crucial for both parties to know their Best Alternative to a Negotiated Agreement (BATNA) both before and throughout all stages of a negotiation. Fisher and Ury argue that having a resolute bottom line can come at high costs. By its nature, a bottom line can be inflexible and onerous. It can prevent creative thinking and lock parties into positions that may prevent them from coming to a favorable solution. A BATNA provides negotiators with a measure of flexibility that is lacking from a bottom line. Unlike bottom lines, BATNA’s change when negotiators perceive a change in their alternatives. When negotiations are viewed in terms of BATNAs, as opposed to positions or bottom lines, the negotiation can continue even when figures are rejected because negotiators are freer to continue to explore additional possible solutions. Moreover, because negotiation is viewed as a joint decision making process in the integrative approach, there is always a possibility of either side reconsidering their position in mid-stream and deciding to pursue a different course than originally planned.

Identifying the options

Once parties have begun to build relationships and to exchange information in order to gain a clearer understanding of the interests at stake, the parties should turn to the task of generating options. In negotiations, options are possible solutions to a problem shared by two or more parties. In integrative bargaining, options represent possible ways of meeting as many of both parties’ interests as possible. As the story of the orange reveals, when two people (or two companies or two nations) get locked into solutions or habitual patterns of thinking, they easily become blinded to the possibilities that a little creative thinking might reveal. Because the process of identifying options, or possible solutions to a problem,promotes creative thinking and expands problem-solving capabilities, it is as critical to the negotiation process as identifying underlying interests. Generating options through techniques such as brainstorming —a technique which involves inviting all parties to list any idea that comes to mind without criticizing or dismissing those ideas - helps to encourage creative thinking about a problem and increases the chances that the parties involved will formulate a “win-win” solution.

Criteria/legitimacy

When bargaining over positions, negotiators create a situation in which one side must concede his original claim in order for the negotiations to succeed. Positional bargaining is bargaining in which two sides lock into incompatible positions. One method is to appeal to fair standards relevant to the issue under review. Fair standards are markers outside of the parties to a conflict, for assigning some value to or for serving as the basis for a solution to a problem. The problem is not always so easily resolved because there may be multiple, potentially acceptable standards available from which to choose. An alternative way to approach the task of creating a legitimate basis for agreement is to invoke what both parties agree to be a fair procedure for deciding the matter.

Commitments

A negotiated settlement is only enduring if all parties honor the commitments that they make. Of course, those that fail to follow through on their promises stand to suffer a loss of integrity, be subject to the resentment of the other side, and risk that their partner in the negotiations (and possibly others outside of the deal as well if word of their reputation escapes) will refuse to deal with them in the future. No party to a negotiation should intentionally create commitments that they do not intend to honor. One way to build trust is to create a commitment structure that can be implemented in stages. Parties may be more willing to make a deal with an opponent when there is an opportunity to demonstrate that each side is honoring their commitments along the way.

Communication

Negotiation is only possible through communication. Good communication can change attitudes, prevent or overcome deadlock and misunderstandings and help to improve relationships. Moreover, good communication skills are essential to cogently relay your message, and to thoroughly understand the message of the other side. In addition, integrative approaches stress the importance of sharing information as a means of uncovering interests and of helping parties to explore common problems or threats. Still, negotiators are frequently hampered in their roles by common communicational errors or inefficiencies. For example parties

may concentrate only on their own responses and forget to listen to what the other side is saying. Listening provides important information about the other side and demonstrates that you are being attentive to the other side’s thoughts, and respectful of their concerns.

Distributive bargaining

It is also known as positional bargaining, zero-sum negotiation, competitive negotiation or negotiation win-lose, is a type or style of negotiation in which parties compete for the distribution of a fixed amount of value.At the end of a purely distributive bargaining, which a party has won the other has lost. The final points keep adding zero as has been previously created value, unlike what happens in an integrative negotiation.

Distributive bargaining usually occurs in negotiations based on the sale of products where all that matters is price, for example in the sale of an automobile or real estate.

The purely distributive bargaining is usually an aggressive person, ruthless, stubborn, cunning, deceitful, self-centered and, above all, manipulative.

Before seeing the different strategies and tactics that can be used in a distributive negotiation, you need to know some important characteristic of this type or style of negotiation:

Bargaining power: benefits that you have to win a negotiation. Is basically given by the alternatives that you have a negotiation, for example, buyers today usually have more power than sellers, as they have more options to choose a product.

Perception: what one side thinks the other. In a distributive bargaining is not so much what one has, but what the other party thinks you have.

Alternatives: alternatives that you have a negotiation, for example, if you have a single client than the client that is negotiating, only have an alternative. The more options you have, will have greater bargaining power.

BATNA (best alternative to a Negotiated Agreement) is a better alternative to a negotiation (the alternative that one would take in case of not reaching an agreement). Before any negotiation, we must determine our BATNA and thus know when no agreement is better and retire (when possible agreement less favorable than our BATNA), for example, if we calculate that we can charge a client 1000, that amount will be our BATNA when negotiating with a second client, in this case, our goal is to reach an agreement where we pay 1000 or more and preferably, should offer a lower figure, we know that it is preferable to a non- agreement and seek the first customer.

Some peculiarities of BATNA is dynamic, ie constantly changing, and it is psychological, ie based on a personal perspective, which tends to be subjective (eg, a seller might consider that his product is worth much more than actually worth).

Backup point: The point that sets the lower limit of a negotiation. Is the minimum (or maximum) that you are willing to accept. The backup point adrift of BATNA though not always coincide (eg, when to buy a place, not only consider the price of other similar facility, but also its location.) Before any negotiation, we must determine our point of reservation and, thus, how much is the minimum (or maximum) that we should accept.

Zone of possible agreement: range within which you can close a deal. It is located located between the reservation points of the two parties, for example, if a buyer of a product sets its reserve price in 3000 (the most you would pay), and a seller of the product sets its reserve price in 2500 (least you could accept), the zone of possible agreement between the two sides would be located between 2500 and 3000.

Distributive bargaining strategiesThe distributive bargaining strategies are aimed at shaping the perception of the

counterpart on the limits of the zone of possible agreement, looking to the other party change its point of reservation to do so back, and think that ours is closer than their own it really is.

For that, thereby, once shaped the perception of the counterparty to the limits of the zone of possible agreement, it is easier to influence their perception of the solution, and thus achieve the ultimate goal, which is that The agreement ends near its reservation or, if possible, in himself.

Therefore, the distributive bargaining strategies basically consist of:Do not reveal proprietary information, not reveal, conceal or distort information as one’s own motivations, needs and interests, your own BATNA and reservation point, etc. For this purpose, information is distorted, half-truths are told, shut up relevant information, it answers questions with other questions or incomplete responses, there is silence, it diverts attention to other issues, not shown much interest in something, dissimilar emotions or reactions, etc..

Counterparty information: get as much information counterpart, their true motivations, needs and interests, their alternatives, their BATNA and reservation point, your trading style, their way of trading (if it is aggressive or passive ), their strengths and weaknesses, etc.. For this purpose, are formal and informal questions, read between the lines, analyze their actions, interpreting nonverbal language, you get information from other sources, etc.

Distributive bargaining tacticsThe tactics of distributive bargaining, unlike the strategies are specific actions, but have the same goal, which is to reach an agreement as close as possible to the point of booking the other hand, basically pre-shaping their perception of boundaries of the zone of possible agreement.

The following are some of the main tactics used in a distributive bargaining:

To bid high, is to establish a high bid and thereby raise the other party “anchor” their perception of the range of possible agreement.

Make excessive demands, is to make excessive demands, some of which might be irrelevant and would have the sole purpose of being traded for concessions.

Make miniconcesiones: miniconcesiones is to make in order to give the impression of yielding enough.

Setting limits: is to set limits in order to convince the other party that will not give more, for example, “it is impossible to accept, would imply an increase of 10% of our costs.”

Previous: previous point is to support our arguments, for example, “we have always paid that amount, why we now call this one?”.

Comparisons: comparisons is to achieve the same result as the preceding, for example, “I know of other similar premises were rented recently at least $ 1000.”

Casting aspirations: it consists in shaping perceptions of the partner seeking to lower their aspirations, for example, if an employee wanted a raise, we could speak of the bad year we’ve had.

Saw, is to seek to change the position of putting the other party against a second alternative, either real or imagined, for example, when a potential client to believe the owner of a local rent that had contact with other owners.

Influence their subjective utilities, is to ensure that the other party lower the point of reservation to be influenced by the idea of getting benefits or subjective utilities, for example, if you want a seller to sell cheap we could promise to recommend to others.

Capture core values, is to build something that we know that the other party wants or cares a lot and, for example, ask enough in return.

Real or feigned anger, is to have rabies or pretend to demonstrate the seriousness of our position, to doubt the other party of its position, or to intimidate.

Reduce the time, is rushing to the other party either directly or indirectly, in order that you tense, giddy and make a decision without the Mediterranean much.