Negotiation is the process whereby interested parties resolve disputes, agree on courses of action, individual or group seeking advantage or seek to obtain results that serve their mutual interests. Usually referred to as a form of alternative dispute resolution.
Given this definition, one can see that the negotiation happens in almost all areas of life. In the area of \u200b\u200blaw, a skilled negotiator serves as an advocate for either party and usually tries to get the results most favorable to it. In this process the negotiator attempts to determine the minimum score that the other party (or parties) to accept, adjusting then their applications accordingly. A negotiation "right" in this area occurs when the negotiator can get all or most of the results that his party wants, but without leading to the defendant to permanently stop the negotiations.
traditional bargaining is sometimes called win-lose strength due to the style of the negotiators who seek to get as much as possible for you. In the 70's, practitioners and researchers began to develop win-win approach in negotiations so that both sides were satisfied to have made profits. This is good to avoid possible future conflicts. Perhaps the best known was articulated by the book Getting to YES by Roger Fisher and Bill Ury of Harvard. This approach, called Principled Negotiation, is also sometimes called a variety of mutual benefits. The mutual gains approach has been applied effectively in environmental situations (see Lawrence Susskind) as well as labor relations where the parties (eg management and a union) frame the negotiation as a means of solving problems .
A tool being used in over 20 countries worldwide to generate win-win solutions in negotiation, is the one created by Dr. E. Goldratt called The Cloud.
Negotiations win - winning is the most successful in the long term and difficult to be fulfilled. To come to a negotiation to win - win both sides should give a little something. Both parties should understand what is behind the position of the other party or what is the interest?
This in theory is easy, but take out is complicated. How to get to get a negotiating win - win? Especially when a negotiation of two parts, one has more power over the other, ie there is an imbalance of power.
How to make a balance of power? After understanding the factors affecting the negotiation of each of the parties, we must put on both sides balance the powers of negotiation and analyze what is making our negotiation and the other party is or is not successful.
What gives power in the negotiation?, Among other things: • Information
· Perception
· Standards
· References
· Precedent
· Etc.
The real power is the one who is in possession of the opportunity able to get a negotiating win - win with the other party.
How we see who has the power on their side in the negotiation?
· Listen
Scans
· Understanding the negotiation process
How to reduce the power of another or change the power on our side of the negotiating table?
· preparations with tactics, concepts and tools of negotiation.
But the key is in the balance of power, not the perception. Balance of Power
= Pa1-Pb1 Pa2-Pb2 +
Pa1 = Power of the person in 1 Pa2 =
bargaining power of the person in item 2 Pb1 =
bargaining power of the individual b in 1 = Pb2
negotiating power of the individual b in section 2 of negotiation
If for one moment think about the role of a third party who will serve the role of mediator, it is important this role, and that the third party to objectively analyze who has more power and how to use that power to carry out negotiations to win-win.
Ultimately, negotiations are a "pull and release" of the parties to reach an agreement. This "pull and release" could be more efficient when we think of a third party. We are negotiating "You" and "I" but to think or use a third person "He" gives us the opportunity to objectively observe and analyze both sides of both powers.
Say we are negotiating the purchase / sale of pencils, the pencil seller is to sell 100,000 sales plan pencils in the current year and is to end the remaining 3000 year and pencils to get the plan. On the other hand, the buyer need pens and pencils 5000 required price is 10% below the price offered by the seller.
If the buyer knows the seller needs to reach its sales plan, it has more power over the seller. If the seller knows that the buyer needs 5000 pencils which are going to give to their customers at Christmas and only a month and is difficult to get 5000 units of anything, the seller also has some power over the buyer.
So if the buyer or seller play the role of a third person may be able to get more information of the parties and propose a win-win.
negotiation strategy defines the way in which each party tries to drive it to achieve its objectives. You can define two typical strategies: Strategy
"win-win", in which it is intended that both parties win, sharing the benefit.
strategy of "win-lose" in which each side tries to achieve maximum benefit at the expense of the opponent.
The strategy of "win-win" is intended to reach an agreement that is mutually beneficial.
In this type of negotiation is defending its own interests but also takes into account the opponent.
Does not perceive the other as an opponent but as a partner with which we must work closely to find a solution satisfactory to all.
This type of negotiation creates a climate of trust. Both parties assume they have to make concessions, that can not be entrenched in their positions.
Probably none of the parties achieves an optimal result but a good enough deal. Both parties will be satisfied with the result that guarantees that each try to fulfill their part of the agreement.
This climate of understanding makes it possible during the negotiations to extend the area of \u200b\u200bcollaboration with in the end the "pie" to divide may be greater than the first.
For example, you begin negotiating an advertising campaign for a product launch and advertising terms also include other product lines.
addition, this type of negotiation can strengthen personal relationships. The parties want to keep alive a professional relationship which leads them to maximize long-term benefit of their collaboration.
For its part, the strategy of "win-lose" is characterized in that each seeks to achieve the maximum benefit without concern over the situation in which it is the other.
While the strategy of "win-win" bonus a collaborative environment, this strategy is the atmosphere of confrontation.
not see the other party as a collaborator, but as an opponent who must be defeated. The parties distrust each other and use different pressure techniques to promote their position.
A risk of following this strategy is that although it can emerge victorious on the basis of pressuring the opponent, he was convinced of the unfairness of the result, may be reluctant to fulfill his part of the agreement and have to wind up in court.
In conclusion it may indicate that the strategy of "win-win" is essential in cases in which you want to maintain a stable relationship, contributing to strengthen trade ties and making it harder for another party to this contract.
This strategy can be applied in most negotiations, so it only takes will on both sides to cooperate.
The strategy of "win-lose" should be applied only in an isolated trading as the wear and tear on personal relationship makes it difficult for the losing party wants to renegotiate.
Given this definition, one can see that the negotiation happens in almost all areas of life. In the area of \u200b\u200blaw, a skilled negotiator serves as an advocate for either party and usually tries to get the results most favorable to it. In this process the negotiator attempts to determine the minimum score that the other party (or parties) to accept, adjusting then their applications accordingly. A negotiation "right" in this area occurs when the negotiator can get all or most of the results that his party wants, but without leading to the defendant to permanently stop the negotiations.
traditional bargaining is sometimes called win-lose strength due to the style of the negotiators who seek to get as much as possible for you. In the 70's, practitioners and researchers began to develop win-win approach in negotiations so that both sides were satisfied to have made profits. This is good to avoid possible future conflicts. Perhaps the best known was articulated by the book Getting to YES by Roger Fisher and Bill Ury of Harvard. This approach, called Principled Negotiation, is also sometimes called a variety of mutual benefits. The mutual gains approach has been applied effectively in environmental situations (see Lawrence Susskind) as well as labor relations where the parties (eg management and a union) frame the negotiation as a means of solving problems .
A tool being used in over 20 countries worldwide to generate win-win solutions in negotiation, is the one created by Dr. E. Goldratt called The Cloud.
Negotiations win - winning is the most successful in the long term and difficult to be fulfilled. To come to a negotiation to win - win both sides should give a little something. Both parties should understand what is behind the position of the other party or what is the interest?
This in theory is easy, but take out is complicated. How to get to get a negotiating win - win? Especially when a negotiation of two parts, one has more power over the other, ie there is an imbalance of power.
How to make a balance of power? After understanding the factors affecting the negotiation of each of the parties, we must put on both sides balance the powers of negotiation and analyze what is making our negotiation and the other party is or is not successful.
What gives power in the negotiation?, Among other things: • Information
· Perception
· Standards
· References
· Precedent
· Etc.
The real power is the one who is in possession of the opportunity able to get a negotiating win - win with the other party.
How we see who has the power on their side in the negotiation?
· Listen
Scans
· Understanding the negotiation process
How to reduce the power of another or change the power on our side of the negotiating table?
· preparations with tactics, concepts and tools of negotiation.
But the key is in the balance of power, not the perception. Balance of Power
= Pa1-Pb1 Pa2-Pb2 +
Pa1 = Power of the person in 1 Pa2 =
bargaining power of the person in item 2 Pb1 =
bargaining power of the individual b in 1 = Pb2
negotiating power of the individual b in section 2 of negotiation
If for one moment think about the role of a third party who will serve the role of mediator, it is important this role, and that the third party to objectively analyze who has more power and how to use that power to carry out negotiations to win-win.
Ultimately, negotiations are a "pull and release" of the parties to reach an agreement. This "pull and release" could be more efficient when we think of a third party. We are negotiating "You" and "I" but to think or use a third person "He" gives us the opportunity to objectively observe and analyze both sides of both powers.
Say we are negotiating the purchase / sale of pencils, the pencil seller is to sell 100,000 sales plan pencils in the current year and is to end the remaining 3000 year and pencils to get the plan. On the other hand, the buyer need pens and pencils 5000 required price is 10% below the price offered by the seller.
If the buyer knows the seller needs to reach its sales plan, it has more power over the seller. If the seller knows that the buyer needs 5000 pencils which are going to give to their customers at Christmas and only a month and is difficult to get 5000 units of anything, the seller also has some power over the buyer.
So if the buyer or seller play the role of a third person may be able to get more information of the parties and propose a win-win.
negotiation strategy defines the way in which each party tries to drive it to achieve its objectives. You can define two typical strategies: Strategy
"win-win", in which it is intended that both parties win, sharing the benefit.
strategy of "win-lose" in which each side tries to achieve maximum benefit at the expense of the opponent.
The strategy of "win-win" is intended to reach an agreement that is mutually beneficial.
In this type of negotiation is defending its own interests but also takes into account the opponent.
Does not perceive the other as an opponent but as a partner with which we must work closely to find a solution satisfactory to all.
This type of negotiation creates a climate of trust. Both parties assume they have to make concessions, that can not be entrenched in their positions.
Probably none of the parties achieves an optimal result but a good enough deal. Both parties will be satisfied with the result that guarantees that each try to fulfill their part of the agreement.
This climate of understanding makes it possible during the negotiations to extend the area of \u200b\u200bcollaboration with in the end the "pie" to divide may be greater than the first.
For example, you begin negotiating an advertising campaign for a product launch and advertising terms also include other product lines.
addition, this type of negotiation can strengthen personal relationships. The parties want to keep alive a professional relationship which leads them to maximize long-term benefit of their collaboration.
For its part, the strategy of "win-lose" is characterized in that each seeks to achieve the maximum benefit without concern over the situation in which it is the other.
While the strategy of "win-win" bonus a collaborative environment, this strategy is the atmosphere of confrontation.
not see the other party as a collaborator, but as an opponent who must be defeated. The parties distrust each other and use different pressure techniques to promote their position.
A risk of following this strategy is that although it can emerge victorious on the basis of pressuring the opponent, he was convinced of the unfairness of the result, may be reluctant to fulfill his part of the agreement and have to wind up in court.
In conclusion it may indicate that the strategy of "win-win" is essential in cases in which you want to maintain a stable relationship, contributing to strengthen trade ties and making it harder for another party to this contract.
This strategy can be applied in most negotiations, so it only takes will on both sides to cooperate.
The strategy of "win-lose" should be applied only in an isolated trading as the wear and tear on personal relationship makes it difficult for the losing party wants to renegotiate.
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