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• When you'd lose the farm • When you're sold out • When the demands are unethical • When you don't care • When you don't have time • When they act in bad faith • When waiting would improve your position • When you are not prepared

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What are some circumstances where you should NOT negotiate?

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TANGIBLE o Rate, price, financial outcome INTANGIBLE The underlying psychological motivations that may directly or indirectly influence the parties during a negotiation. o The need to "look good" o Desire to book more business than any other sales person o The fear of setting precedent in the negotiation. o Core beliefs and values

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What are tangible and intangible factors in negotiation?

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These relationships are characterized by interlocking goals. The parties need each other in order to accomplish their goals.

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What does it mean to say that parties are interdependent?

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1. Explore a wide range of options for action 2. Find common ground with the other party 3. Consider the long-term implications 4. Set upper and lower limits

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What are Rackman's suggestions about negotiation planning?

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When one party accepts a change in his/her position

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What are concessions and how do they affect the bargaining range?

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• Honesty How much of the truth to tell the other party • Trust How much to believe in what the other tells you

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What are the dilemmas of honesty and trust?

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• Distributive Positional Win or loose • Collaborative both parts help to negotiate • Integrative Based on interests only

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What is the difference between distributive, collaborative and integrative negotiation?

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Yielding Problem Solving Compromising Inaction Contending (Own Outcomes)

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Dual Concerns Model

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• Concert about their own outcomes Assertiveness dimension • Concert about other's outcomes Cooperativeness dimension

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What are those two types of concerns?

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• Contending Actors pursuing the contending strategy pursue their own outcomes strongly and show little concern for whether the other party obtains his or her desired outcomes • Yielding Actors show little interest or concern in whether they attain their outcomes, but they are quite interested in whether the other party attains his or her outcomes • Inaction Actors show little interest in whether they attain their own outcomes, as well as little concern about whether the other party obtains his or her outcome. • Problem solving Show high concern for attaining their own outcomes and high concern for whether the other party attains his or her outcomes • Compromising Represents a moderate effort to pursue one's own outcomes and a moderate effort to help the other party achieve his or her outcomes.

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What are the five major strategies for conflict management, and how does each strategy relate to the two concerns?

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...

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How does the dual conflicts map differ from Ting-Toomeys Revised conflict map?

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• Build up strong relationships with the people you are negotiating with • Don't fight with the people you are making a deal with.

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What suggestions does Leigh Steinberg have about negotiation?

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Point beyond which a person will not go and would rather break off negotiation

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Resistance Point

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Spread between the resistance points

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Bargaining Rage

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Anything that sets the price in a negotiation

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1st offer

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Zone of possible agreement

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ZOPA

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A really bad offer that offends the other party

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Insult Price

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List of possible issues form both sides in a negotiation

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bargaining mix

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When there is not enough information to build up a negotiation

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Calculated incompetence

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• The other party will think negotiating is a waste of time and will therefor halt the process. • It is difficult to justify

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Disadvantages of making an extreme/exaggerated opening offer?

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• Harm to reputation • Lost deals • Negative publicity • Other party's revenge

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Risks involved when using hardball tactics

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• Good Cop/Bad Cop • Lowball/Highball • The Nibble • Chicken • Intimidation • Aggressive Behavior • Snow Job Negotiators

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Hardball tactics

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The bad cop is assigned only when the negotiation are headed in a direction that the team does not want.

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Good Cop/Bad Cop

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Starting with a ridiculously low or high opening offer that they know they will never achieve.

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Lowball/Highball

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After a considerable amount of time has been spent in negotiation, when an agreement is close, one party ask to include a clause that hasn't been discussed previously and that will cost the other party a proportional small amount.

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The Nibble

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Combine a large bluff with a threatened action to force the other party to chicken and give them what they want.

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Chicken

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Attempt to force the other party to agree by means of an emotional ploy, usually anger or fear.

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Intimidation

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Pushing your position or attacking the other person's position.

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Aggressive Behavior

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Negotiators overwhelm the other party with so much information that he or she has trouble determining which facts are real or important, and which are included merely as distractions.

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Snow Job

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All three approaches can potentially exist in a single situation; negotiators make choices about where to place their focus and tended to reciprocate these strategies

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Interrelationship among interests, rights, and power?

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Identity--> How the parties define "who they are" Characterization--> How the parties defines the other parties

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Difference between the identity frame and the characterization frame

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*Trust Frame Little step by step process. Reliability. Competence *Distrust Frame Apologies. Reparation. Say vs Do.

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How are the trust and distrust frame different. Why are they important?

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*Social linkage--> Groups rather than isolated individuals *Harmony--> Peaceful coexistence is highly valued * Roles--> Hierarchy * Reciprocal obligations--> Each role specifies de obligations *Face

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Chinese Frames

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*Beliefs about themselves *Religion *Rightful entitlements

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Middle eastern Frames

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1. Defining the issues What are the issues in the upcoming negotiation? 2. Assembling issues and defining the bargaining mix Based on the review of ALL of the issues, what is the bargaining mix? (which issues do we have to cover? Which issues are connected to other issues? 3. Defining interests What are my interests? 4. Defining limits What are my limits- what is my walkaway? What is my alternative? 5. Defining one's own objectives (targets) and opening bids (where to start) Defining the targets and openings- where will I start, what is my goal? 6. Defining the constituents to whom one is accountable Who are my constituents and what do they want me to do? 7. Understanding the other party and its interests and objectives What are the opposing negotiators and what do they want? 8. Selecting a strategy What overall strategy do I want to select? 9. Planning the issue presentation and defense How will I present my issues to the other party? 10. Defining protocol, where and when the negotiation will occur, agenda, who will be there. What protocol needs to be followed in conducting this negotiation?

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Negotiation planning

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Describes the inherent thinking errors that humans make in processing information. These thinking errors prevent one from accurately understanding reality, even when confronted with all the needed data and evidence to form an accurate view.

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Cognitive biases

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• It should produce a wise agreement if is possible. • It should be efficient. • It should improve or at least not damage the relation between the parties.

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What criteria should be used in judging a good negotiation?

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One which meets the legitimate interests of each side to the extent possible, resolves conflict interests fairly, is durable, and takes community interests into account

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Wise agreement

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Face-saving reflects a person's need to reconcile the stand he takes in a negotiation or an agreement whit his principles and with his past words and deeds.

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Save face

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Involves reconciling an agreement with principle and with the self-image of the negotiators. Its importance should no be underestimated.

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What is a mean for Fisher to save face?

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The interaction between the degree of threats or considerations one party offers to another party, and the degree of claim for a sense of self-respect (or demand for respect toward one's national image or cultural group) put forth by the other party in a given situation

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Ting-Toomey definition of face

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• Negotiators are people first • Every negotiator has two kinds of interests: in the substance and in the relationship • The relationship tends to become entangled with the problem • Positional bargaining puts relationships and substance in conflict • Separate the relationship from the substance; deal directly with the people problem

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What does it mean to "separate the people from the problem." What are the elements involved in separating people from problems

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The ability to see the situation as the other side sees it, as difficult as it may be, is one of the most important skills a negotiator can possess. It is not enough to know that they see things differently.

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Perception

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Is not a cost understanding their point of view, it is a benefit. It allows you to reduce the area of conflict, and it also helps you advance your newly enlightened self-interest.

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Role perception plays in conflict and negotiations

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Instead of arguing with the other side about the past, talk about what you want to have happen in the future.

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Look forward, not back

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1. Premature judgment 2. Searching for the single answer 3. The assumption of a fixed pie 4. Thinking "solving their problem is their problem."

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Identify the four major obstacles that inhibit the number of options parties consider to resolve a conflict

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Premature judgment Searching for the single answer The assumption of a fixed pie Thinking "solving their problem is their problem."

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Explain the four major obstacles that inhibit the number of options parties consider to resolve a conflict

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• Judgment hinders imagination. • Your creativity may be even more stifled by the presence of those on the other side. • You may also fear that by inventing options you will disclose some piece of information that will jeopardize your bargaining position

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Premature judgment

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By looking from the outset for the single best answer, you are likely to short-circuit a wiser decision-making process in which you select from a large number of possible answers.

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Searching for the single answer

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A third explanation for why there may be so few good options on the table is that each side sees the situation as essentially either/or — either I get what is in dispute or you do

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The assumption of a fixed pie

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For a negotiator to reach an agreement that meets his own self-interest he needs to develop a solution, which also appeals to the self-interest of the other.

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Thinking "solving their problem is their problem."

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The circle chart provides an easy way of using one good idea to generate others.

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Circle Chart

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The approach is to commit yourself to reaching a solution based on principle, not pressure. Concentrate on the merits of the problem, not the mettle of the parties. Be open to reason, but closed to threats.

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Case for using objective criteria

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Best Alternative to a Negotiated Agreement

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BATNA

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Instead of ruling out any solution, which does not meet your bottom line, you can compare a proposal with your BATNA to see whether it better satisfies your interests.

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What role does it play in negotiations? What happens in situations without BATNA's?

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It counters the basic moves of positional bargaining in ways that direct their attention to the merits.

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What is negotiation jujitsu ?

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When they don't want to play

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When is it most likely to be used?

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Third party can also separate inventing from decision-making, reduce the number of decisions required to reach agreement, and help the parties know what they will get when they do decide.

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One text or single text negotiation

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• Recognize the tactic-> Often just recognizing a tactic will neutralize it. • Raise the issue explicitly-> Discussing the tactic not only makes it less effective, it also may cause the other side to worry about alienating you completely. • Question the tactic's legitimacy and desirability-> negotiate over it.

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3 Steps to stop tricky tactics

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Deliberate deception Psychological warfare Positional pressure tactics

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Categories of tricky tactics

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o False statement o Ambiguous authority

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Deliberate deception

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These tactics are designed to make you feel uncomfortable, so that you will have a subconscious desire to end the negotiation as soon as possible.

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Psychological warfare

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Is designed to structure the situation so that only one side can effectively make concessions

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Positional pressure tactics

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*Transfer of technology *Representatives of the developing countries expressed keen interest in an exchange of technology; their countries wanted to be able to acquire from the highly industrialized nations advanced technical knowledge and equipment for deep-seabed mining.

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Law the sea negotiations

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*the U.S. wanted a low price for Mexican natural gas *Since the Mexicans had no other potential buyer at the time, he assumed that they would then lower their asking price *Rather than sell their gas, the Mexican government began to burn it off, and any chance of agreement on a lower price became politically impossible.

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Mexico-United States gas negotiations

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The better your BATNA, the greater your ability to improve the terms of any negotiated agreement.

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Importance of a Batna

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Saner said that in negotiations the pie is unlimited. Find the bottom of interests of those involved can build on the negotiation. When value is created are ways to satisfy the interests of those involved. Whereas when claiming value, negotiators fights only for what is negotiated

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Saner model for creating value

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Occurs in situations in which we interact with others in public or professional settings

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Front stage

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Occurs in one's home environment where you can stretch and "be yourself"

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Back stage

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*In the value-creating view negotiators work primarily to increase the available resources, to find joint gains or "win-win" solutions, wherein all the parties will benefit. Negotiators must act cooperatively, and successful negotiators are open and creative. They share information, communicate clearly, maintain a cooperative attitude and focus on developing common interests.

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Creating value

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In the value-claiming view negotiators work primarily to claim the largest share of the disputed goods. To be successful negotiators must engage in hard bargaining; they must "start high, concede slowly, exaggerate the value of concessions, minimize the benefits of the other's concessions, conceal information, argue forcefully on behalf of principles that imply favorable settlements, make commitments to accept only highly favorable agreements, and be willing to outwait the other fellow."

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Claiming value

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Self-enhancement, Closure and consistency, Cooperation (maximization of shared goals) Accountability (or constituency pressure)

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Motivational biases

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