Material ciff negotiation presentation guadalupe

Cooperative NegotiationThe 7 principles of Harvard Negotiation Metholodogy

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The Seven Principles of cooperative neogotiation (Harvard Methodology)

Main concepts

Keys to prepare for negotiation considering each of them

Real Examples (short videos)

Lets experience it!: the Ugly Orange Case Study

TODAY’S CLASS

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Negotiation Styles

ACCOMODATE

Build friendly relationship

Characteristics:

Promote harmony

Avoid substantive differences

Give into pressure to save relationship

Place relationship above fairness of

the outcomes

CO

NC

ER

N F

OR

RE

LA

TIO

NS

HIP

CONCERN FOR SUBSTANCE

LOW

HIGHCOLLABORATE

Problem solved creatively, aiming for win-win

Characteristics:

Search for common interests

Problem-solving behaviours

Recognising both parties’ needs

Synergistic solutions

Win-win becomes the main purpose of the negotiator

HIGH

AVOIDTake whatever you can get/Inaction

Characteristics:

Feeling of powerlessness

Indifference to the result

Resignation, surrender

Take what the other party is willing to concede

Withdraw & remove = behaviour of negotiator

DEFEAT

Be a winner at any cost/Competitive

Characteristics:

Win-Lose competition

Pressure/Intimidation

Adversarial relationships

Defeating the other becomes a goal for the negotiator

COMPROMISE

Split the difference

Characteristics:

Meeting half way

Look for trade offs

Accept half-way measures

Aims to reduce conflict rather than problem solve synergistically

Source: Rollin & Christine Glaser

Harvard Negotiation Project

• Began in 1983

• In conjunction with MIT and Tufts

• Negotiation art and a science 4Guadalupe de la Mata

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Getting to Yes Authors

Roger Fisher

Bruce PattonWilliam Ury

5Guadalupe de la Mata www.innovationforsocialchange.org

Negotiation Styles

ACCOMODATE

Build friendly relationship

Characteristics:

Promote harmony

Avoid substantive differences

Give into pressure to save relationship

Place relationship above fairness of

the outcomes

CO

NC

ER

N F

OR

RE

LA

TIO

NS

HIP

CONCERN FOR SUBSTANCE

LOW

HIGHCOLLABORATE

Problem solved creatively, aiming for win-win

Characteristics:

Search for common interests

Problem-solving behaviours

Recognising both parties’ needs

Synergistic solutions

Win-win becomes the main purpose of the negotiator

HIGH

AVOIDTake whatever you can get/Inaction

Characteristics:

Feeling of powerlessness

Indifference to the result

Resignation, surrender

Take what the other party is willing to concede

Withdraw & remove = behaviour of negotiator

DEFEAT

Be a winner at any cost/Competitive

Characteristics:

Win-Lose competition

Pressure/Intimidation

Adversarial relationships

Defeating the other becomes a goal for the negotiator

COMPROMISE

Split the difference

Characteristics:

Meeting half way

Look for trade offs

Accept half-way measures

Aims to reduce conflict rather than problem solve synergistically

Source: Rollin & Christine Glaser

Getting to Yes: 7 PRINCIPLES

What do you really care about?The needs, concerns, goals, hopes and fears that

motivate the parties

Ideas about how the parties might meet their interests together.

Steps each party could take to satisfy their own interests outside the current

negotiation (BATNA)

How can I persuade them they are being fairly treated?Criteria that the parties use to legitimise their perspectives.

Prepare to communicate efficiently during the negotiation

How do you deal with people issues?

Promises made to build or finalise agreement.

Basic building blocks of negotiation

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INTERESTS

• Don’t Bargain Over Positions– Arguing over positions produces unwise outcomes– Arguing over positions is inefficient– Arguing over positions endangers an ongoing relationship– When there are many parties, positional bargaining is even

worse– Being nice is no answer– There is an alternative…

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Starting pointStarting point

1. Interests1. InterestsThe purpose of a negotiation is to satisfy your interest and the other party´s interests

.

Negotiate the WHY….not the WHAT

Ejemplo Harvard (min 3.9) http://www.youtube.com/watch?v=rYGJNh8wFRc&feature=relmfu

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Interests BInterests A

Position A

Position B

The purpose of a negotiation is to satisfy your interest and the other parties interests

Side-by-side problem solving: Both parties share the problem of trying to find an agreement that both can live with

Finding a good agreement, that does not leave potential joint gains on the table

Positions A and B are too far away for a mutually beneficial agreement

Interests A and B, as a broader concept, allow for a common ground for agreementZone of

potential agreement

Cooperative negotiations

Positional vs. Cooperative Negotiations

Focusing on positions can lead to sub-optimal agreements

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1. Interest vs. positions1. Interest vs. positions

Cooperative negotiation: Negotiating is not Compromising

It is joint problem solving

Our goal is to efficiently reach a satisfying agreement for both parties, and to conclude on a positive note.

Fisher and Ury define negotiations as “Back and forth communication to reach agreement where some interests are shared and some interests are opposed.“Getting to Yes”

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1. Interests preparation1. Interests preparation

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OPTIONS

2. Options2. Options

The range of possibities among which parties can reach an agreement

Create options to satisfy interests.

An agreement is better if it incorporates many options

Brainstorming to come up with ideas and options that can meet the interests of both sides

Do not evaluate them during brainstorming

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2. Options preparation2. Options preparation

Find ways to work together to maximize common benefits

Separate inventing from judging.

Broaden the options on the table, rather than look for a single answer.

BE CREATIVE!

Search for mutual gains.

Invent ways to make their decision easy.

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Invent options for mutual gain

AVOID– Premature judgment– Searching for the single answer– The assumption of a fixed pie– Thinking that ‘solving their problem is their

problem’

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Invent options for mutual gain II

Encourage• Separate inventing from deciding

– (brainstorming)– Consider brainstorming with the other side

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Invent options for mutual gain III• Look for mutual gain

– Identify shared interests– Dovetail different interests

• Any difference in interests?• Different beliefs?• Different values placed on time?• Different forecasts?• Differences in aversion to risk?

– Ask for their preferences– Make their decision easy

• Whose shoes?• What decision?• Making threats is not enough?

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ALTERNATIVES

3. Alternatives3. Alternatives

What I am going to do if we don't reach an agreement?

Deals I can take outside of the possible agreement

Look at all your alternatives and select the BEST

Know your BATNA

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Best

Alternative

Toa

Negotiated

Agreement

You are going to negotiate with more CONFIDENCE if you know what you can do if the negotiation fails

3. Alternatives Preparation3. Alternatives Preparation

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CRITERIA

4. Criteria4. Criteria

What are the standards to convince each other that what we propose is fair?

To resolve conflicting interest use independent standards: (market value, precedent or industry practice)

Standars should be relevant and widely accepted

Is an argument based on objective criteria, independent of the parties will.

There are more than one objective criteria for an agreement

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4. Criteria Preparation4. Criteria Preparation

•Find a range of objective criteria to persuade the other party (and yourself) that what you propose is fair and makes sense.

•How will they explain the agrement to other parties?

•Prepare to help them expain the result

•Think of impartial processes to find an objective criteria (obtaining an expert opinion, arbitration…)

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Insist on using objective criteria• Deciding on the basis of will is costly• The case for using objective criteria:

– Principled negotiation produces wise agreements amicably & efficiently

• Developing objective criteria:– Fair standards– Fair procedures

• Negotiating with objective criteria:– Frame each issue as a joint search for objective criteria– Ask “What’s your theory?”– Reason and be open to reason– Never yield to pressure

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COMUNICATION

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COMUNICATION

5. Comunication5. Comunication

¿Am I ready to listen and talk in an efficient way? Both side communication

ACTIVE LISTENING: In a respective way, clarifying ambiguities and making sure you have been understood.

SPEAK WITH INTENT: Clearly and with the objective of making yourself understood and with a purpose linked to your interests.

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5. Preparare for good Comunication5. Preparare for good Comunication

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Listening is your most powerful negotiating tool

But before you can listen, you have to be skilled at asking questions:

Three critical questioning skills1. Know where your questions

are going2. Ask for permission to ask

questions3. State why you want to ask

questions

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Active Listening Techniques (1)

Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 33

Active Listening Techniques (2)

Centre for Conflict Resolution, Cape Town, South Africa, 1999Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 34

Active Listening Techniques (3)

Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 35

Active Listening Techniques (4)

Centre for Conflict Resolution, Cape Town, South Africa, 1999Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 36

RELATIONSHIP

6. Relationship6. Relationship

Disentangle the people and the problemAsk yourself: ¿Am I ready to deal with the relationship?Use people techniques for people problems

Perceptions: make questions to understand their perceptionsEmotions: Acknowledge your emotions and theirs without blameListen activelyPut yourself in their shoesTurn a face-to face confrontation into a side by side problem solvingYour are both sitting at the same side of the table dealing with the problem jointly

Be unconditionally constructive

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COMMITMENT

7. Commitments7. Commitments

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7. Commitments preparation7. Commitments preparation

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APPLYING THE MODEL

Focus on VALUE CREATIONFocus on VALUE CREATION

COMBINING THE RESOURCES TO SATISFY MUTUAL NEEDS

COMBINING THE RESOURCES TO SATISFY MUTUAL NEEDS

CLARIFYING INTERESTCLARIFYING INTEREST

COMUNICATION AND RELATIONSHIPCOMUNICATION AND RELATIONSHIP

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Applying the modelApplying the model

MEASURING SUCCESSMEASURING SUCCESS

The BEST of various options

Satisfy interests

The compromises are clear and operative

The results are considered legitimate

Comunication is efective

Improves the working relationship

BATNA

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ANNEXES• Videos:• Getting to YES Video (part 1 of 3)

– http://www.youtube.com/watch?v=rYGJNh8wFRc&feature=relmfu

• Getting to YES Video (part 2 of 3)– http://www.youtube.com/watch?

v=Cchpf7IK5nY&feature=relmfu

• Getting to YES Video (part 3 of 3)– http://www.youtube.com/watch?v=ILeXnpPZfrw&

feature=relmfuGuadalupe de la Mata

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The Four Phases of Negotiation

PLANPLAN

DEBATEDEBATE

PROPOSEPROPOSE

BARGAINBARGAIN

11

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Step One - Prepare• Research

• LIST your objectives and their objectives

• Those you INTEND to get

• Those you MUST get

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Step Two - Debate• Listen carefully• Ask questions• Clarify• Summarise• Don’t argue, interrupt or assume

...BUT

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Step Three - Propose• Make proposals• State conditions• Express concerns• Search for common interests

• Use positive body languageAND

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Step Four - Bargain• Key words are IF and THEN• Start making concession:

– Every concession should have a condition (IF you … THEN I will … )

– Conserve your concessions - don’t give everything away too soon

– You don’t have to share every piece of information with the opposing side!

– Don’t be afraid to say no

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Step Five - Agree• Usually final concession :

“IF you do that, THEN we have a deal!”• Gain commitment• Record and agree results• Leave satisfied

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Think about your influencing style

Inspirational

Logical

Personal

Forceful

7 Deadly Sins of Negotiating

• Pride - Be prepared to compromise• Gluttony - Don’t bite off more than you can chew• Anger - Handle objections calmly• Covetousness - Prioritise needs/wants• Envy - Know competitors strengths & weaknesses…

AND your own• Sloth - Do your homework• Lust - Don’t look desperate to settle

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An Unconditionally Constructive Strategy

Do only those things that are both good for the relationship and good for us - whether or not they reciprocate

RATIONALITY Even if they are acting emotionally, balance emotions with reason

UNDERSTANDING Even if they misunderstand us, try to understand them

COMMUNICATION Even if they are not listening, consult them before deciding on matters that affect them

RELIABILITY Even if they are trying to deceive us, neither trust them nor deceive them: be reliable

NON-COERCIVE MODES OF INFLUENCES

Even if they are trying to coerce us, neither yield to that coercion nor try to coerce them, be open to persuasion and try to persuade them

ACCEPTANCE Even if they reject us and our concerns as unworthy of their consideration, accept them as worthy of consideration, care about them and be open to learning from them

"Getting Together" FisherGuadalupe de la Mata

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Three Approaches To Resolving Disputes

MOVING FROM A DISTRESSED TO AN EFFECTIVE RESOLUTION SYSTEM

Distressed System

Power

Rights

Interests

"Dispute Resolution" Goldberg Green SanderGuadalupe de la Mata

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Effective SystemEffective System

Power

Rights

Interests

Goldberg

MOVING FROM A DISTRESSED TO AN EFFECTIVE RESOLUTION SYSTEM

Three Approaches To Resolving Disputes

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Stages in negotiation

Sessions 11&12

The stages in the negotiation

• It is important to understand that negotiation is a process that begins before we sit down at the table and does not end if we do not know how to make the agreements reached effective.

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Three stages can be distinguished in the negotiation

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Pre-negotiation

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Negotiation

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Post-negotiation

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• Evaluate the closing proposal, comparing it with the BATNA

• Conclusion phaseReconsideration of the agreements reachedPreparation of documentsDiscussion of the content of the documentsCorresponding reviews and modificationsFinal document showing the agreement

Closing the negotiation (I)

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• Forming the commitmentSigning a private documentElevating it to public document statusRegistration

Closing the negotiation (II)

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Negotiation Check List

Good Practice Avoid

Actively listen Question for clarification Summarising Test commitment Seeking & giving information Encourage two way conversation State and plan your proposal – then summarise Use the ‘if you ….then we’ll’ principle

×Interrupting×Attacking×Blaming×Talking too much×Sarcasm×Threats×Taking it personally×Closed body language

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