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AGL 20 NEGOTIATION
SUMMARY LECTURE - PART I
ure.
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11.1 COURSE OBJECTIVES
The program provides members with the opportunity to use negotiationconcepts, terms, techniques and skills and become more completemanagers.
The specific learning objectives are to:
a. To analyze negotiation process to achieve goals exceeding BATNA
b. To evaluate the impact of culture on negotiation.
c. To practice international negotiation communication skills.
d. To develop skills in achieving negotiation strategy.
e. To motivate further study in the fut
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11.2 NEGOTIATION
The negotiation process includes: planning re-negotiation, initiatingfirst moves, making the first moves, negotiating prices, closingbusiness negotiation and undertaking renegotiation.
The key objective is to achieve win-win goals for both parties which
establish trust for short and long term relationships.
BATNA - Best AlternaTive with No Agreement. Available alternativewhen negotiation fails. Close the deal or walk away to BATNA.
BATNA affects: cash, culture, deadlines, interests, knowledge, andthe experience of both parties. Assess your BATNA at the outsetand estimate the opposing BATNA.
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11.2 NEGOTIATION
Negotiation environment includes such complexfactors as: instability and change, government controland policy, foreign exchange fluctuation, political andlegal change, external stockholders and parties,
ideological and cultural differences.
The negotiation setting may includes: levels of conflictunderlying potential negotiations, relationships beforeand during negotiation, desired outcomes, stockholderimpacts, relative bargaining power and dependenceand finally the negotiation style.
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11.3 PLANNING Negotiation begins with research and pre-
negotiation planning with each party g with adifferent goal and hopes to achieve it. Thus
there is need for clarification, comprehension andcredibility, in order to create mutual values.
As negotiation continues the parties reach
convergence of view with discussion, leading toconcessions, counter proposals and commitment.The final stage is conclusion.
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11.4 INITIATING
Making the first moved is critical, because the first impressions are difficult tochange. An initial first competitive offer should meet the context of thesurrounding discussion and must be defended with valid arguments.
In competitive markets a higher initial offer may be lowered. In traditional lesscompetitive markets, offers on the high side with concessions may be more
acceptable.
The initial offer should be confident and yet flexible to enable the negotiator tolearn other party objectives and reformulate to meet specific needs. The initialnegotiation phase, is the opportunity to create trust and exchange strategic information, not the time to make concessions.
In the initial phase, the buyer keeps his goals in mind and is ready to say no andrefer to competition. He may later seek concessions or a better offer or may ask ifthe proposal can be adapted achieve his needs.
Thus is stage reflective cooperation.
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11. 5 PRICE NEGOTIATION Price determines the total revenue and profitability of the
business by considering: objective, cost, competition, customerand government regulations.
Price negotiations may follow a cost or market approach.
The cost approach computes relevant costs and adds markup todetermine price. The market approach examines price settingfrom the customers and competitors viewpoint.
Need to highlight the business and product attributes, maintainflexibility and differentiate from the competition. At closingreliability, reputation and financial stability may be critical.
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11.6 CROSS BORDER CULTURES
Cross cultural negotiations may involve cultureemotionally based upon traditions, etiquette. It mayrelate to group behavior or just to the chosennegotiator parties as freely choose to behave.
Protocols involve dress and behavior deal withgreetings, formalities, touching, eye contact, emotions,silence, eating, body language, and punctuality etc.
Need to know the key players well and the informalcultural influences on the process.
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11.6 CROSS BORDER CULTURES
Cross cultural negotiations may involve cultureemotionally based upon traditions, etiquette. It mayrelate to group behavior or just to the chosennegotiator parties as freely choose to behave.
Protocols involve dress and behavior deal withgreetings, formalities, touching, eye contact, emotions,silence, eating, body language, and punctuality etc.
Need to know the key players well and the informalcultural influences on the process.
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11.7 SELECTING NEGOTIATING STYLE
Know your personal style and the style of the
other party. Adjust to match, and ensure
smooth negotiations.
Define the style as influenced by task or
relationship orientation, which directly relates
to cultural values.
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11.8 PRE-NEGOTIATION PLANNING In any negotiation the actual interface between the two parties is only one
phase.
The critical element is the research and planning for the preparatorystage, which must never be neglected.
Experienced negotiators may sometimes be over prepared but should
never be under prepared. With particular strengths and weaknesses, theparty that is more committed works harder for its goals, and can alwayscan achieve the best results.
Preparation is the best negotiation investment!
Pre-negotiation planning requires defining the issues, knowing the otherside position, knowing the competition and the especially
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11.9 MANAGEMENT OF CONCESSIONS
Study Exhibit C which provides practical-
guidance on achieving success on concessions,
in complex negotiation environments
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11.10 LEARN FROM CASE EXPERIENCE
MULTIMODE:
Need for quickly establishing trust with a cooperative strategy.
Acceptance of the other partys interests, objectives and limitations
Recognition of value differences.
Define conflict areas.
Creative search for seven alternatives for every key issue.
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11.10 LEARN FROM CASE EXPERIENCE
MULTIMODE:
Priority for fairness in long term relationships.
Identifying the constraints on each party for future workingin the company with the tough CEO
Need for KSA in negotiation to achieve more than BATNA
Personal reputation and status are critical factors in
implementing negotiated agreements.
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11.10 LEARN FROM CASE EXPERIENCE
QUICK DRY PAINT:
Need to know about the legal complexities of Mexico and the risk of
corruption and loss of patents.
Need to be able to check on the specific actions of the licensee.
Who will own improvements in reality?
In LA, will licensing outcome depends more on trust which takes more time, than legal issues.
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11.10 LEARN FROM CASE EXPERIENCE
QUICK DRY PAINT
Who will bear foreign exchange risk?
Dispute resolution with an agreed arbitrator able to implement his decisions.
Poor outcome of possible litigation in Mexico or USA
Lack of experience in international licensing creates high risk. If no
agreement then BATNA is best.
RESULT Deal made!!!
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11.11 Negotiation Analysis The questions to analyze in a negotiation are:
What is the BATNA of each party, with no
agreement? Who are the real Parties in the negotiation? What are the critical Interests of each party?
How to create value for both parties?
What Barriers must be overcome to achieve agreement?
How can Power influence the process?
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11.11 Negotiation Analysis
What are ethical things to do?
But rigorous negotiation analysis is necessary but not enough.
Negotiation also needs: implementation strategy, ability to listen,
persuasion, positive attitudes, patience and humour.
Negotiation is an interactive process, directly related to attitude and
creativity that needs to encourages cooperative behavior from the people with whom we deal.
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11.12 OVERALL
The six Ps of effective negotiation are : Parties,Process, Power, Product, Problem and Prognosis(outcome).
The key objective is achieving a long term relationshipof trust for mutual benefit and a win-win outcome.The BATNA is an alternative for a failed negotiation.
So much depends upon the negotiation: environment,process and the setting, which can be managed!!
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11.12 OVERALL
Business success in negotiation may well dependupon: knowing your product, customer andcompetition; effective business decision making;
finding your market niche.
Quality products; creative diversity; findingexpanding markets; network contacts; trust and
honesty; control of cash, outcomes and risk;diffusing tension; customer loyalty; creativityand overall on your skills of negotiation
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11.12 OVERALL
So many things to learn now including
Exhibit A on Protocols and deportment and
Exhibit B Practical Advice and Exhibit C
Managing Concessions
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EXHIBIT A - PROTOCOLS
Try hard to avoid making obvious mistakes with differentnationalities:
English - definite and polite with proper protocol and etiquette.
French - expecting others to behave as if in France, conductingbusiness, with the French language
German - protocol important. Conservative dress and posture withmanner expected. Seriousness of purpose and appropriate dress.
Swedish - formal relationships without price disputes. Expect
complete professional proposals without errors and of high quality.
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EXHIBIT A - PROTOCOLS
Italians - extremely hospitable and volatile. Make pointswith dramatic gestures and emotional expression.
Japanese - may spend days or weeks creating a friendly,
trusting atmosphere before discussing any business at all.
Chinese - follow fixed protocol in negotiation, alwayspreceded by small. Opposed to touching. Greeting withshort bow and very brief handshake.
Indians - formal business with polite relaxed manner.
Connections are the key to trust. Always requestpermission before entering, sitting or smoking.
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EXHIBIT A - PROTOCOLS
Mexicans - practice negotiation with heavy emotion .Drama more important than logic. Negotiators oftenselected for skills in dramatic and distinguishedperformances.
Brazilians - negotiating process valued more than the
actual result. Discussions lively, heated, eloquent, andwitty. Great hospitality to establish comfortable socialclimate.
Russians Tend to distrust business managers.Extremely cautious when dealing with new parties.
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EXHIBIT BPRACTICAL ADVICE
a. Risk averse negotiators are sometimes desperate toavoid risk and may take a quick first offer.
b. The target point is the point at which a negotiator wouldlike to conclude negotiations; it is not the negotiator'sbottom line;, not the first offer a negotiator quotes to hisopponent; not the initial price set by the seller.
c. Both tangible and intangibles factors can be the mostpowerful in any negotiation. f. Highly individualized(idiosyncratic) deals are much more common today, andthey are not reserved only for a special few.
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EXHIBIT BPRACTICAL ADVICE
d. Coordinate (cooperative) adjustment,
involves, making conscious changes to your
approach to be more appealing to the other
party.
e. Both parties making mutual adjustments to
find a common process for negotiation; craftingan approach that is specifically designed to
achieve success in the negotiation situation
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EXHIBIT BPRACTICAL ADVICE
f. Multiparty negotiations differ from two-partydeliberations in so many ways; more negotiators at thetable; more issues and more information introduced;environmental changes from one-on-one dialogue to
small group discussion.
g. The parties approach multiple issuessimultaneously; tend to achieve lower qualityagreements; increase the likelihood of achieving some
agreement; and yet exchange less information andhave less insight into the preferences and priorities ofall the other parties at the table.
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EXHIBIT BPRACTICAL ADVICE
f. Reputation in negotiation is a perceptualidentity; a reflective of the combination ofpersonal characteristics; demonstratedbehaviour. All of these define reputation.
g. The perceptual process involves a specialorder: stimulus, attention, recognition,
translation, behaviour. Visibility is important asit involves centrality or criticality in negotiationnetwork structures.
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EXHIBIT BPRACTICAL ADVICE
h. Hardball tactics are designed to be used primarilyagainst powerful negotiators; to clarify ;to adistributive (zero-sum) bargaining approach and topressure d parties to do things they would not
otherwise do..
i. Frames are important in negotiation becausedisputes are often nebulous and open to differentinterpretations. Frames do not allow parties to develop
separate definitions of the issues; frames can not beavoided; frames do not allow negotiators to articulatejust one aspect of a complex social situation
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EXHIBIT BPRACTICAL ADVICE
j. The most dominant cause of breakdowns and
failures in negotiation are distortions in
perception, feedback, and behaviors; it is not
just meaning or cognition.
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EXHIBIT C MANAGING CONCESSIONS
Plan concessions in advance, concentrating on the other partys
underlying interests.
Provide sufficient margins particularly in cultures that are
extremely demanding.
Set aside a few concessions in reserve to be used when concluding
the deal.
Trade small concessions early on to encourage the other party to
share information and to promote trust.
Insist on obtaining immediate reciprocity after making a
concession (future promises lose value over time).
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EXHIBIT C MANAGING CONCESSIONS
Determine, the real value of the concessions and what other party is willing to pay for
Remember that 80% of the concessions are traded in the 20%
remaining time.
Have the party work hard in obtaining concessions to be
appreciated as well as encouraging the other party to reciprocate generously
Provide justification/benefits for each concession to enhance its
value.
Keep a few nontangible concessions, including symbolic ones to
break a deadlock or to conclude.
Observe the other party's body language to detect hidden motives.
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EXHIBIT C MANAGING CONCESSIONS
Take into consideration that negotiators from
different cultures concede differently
Be aware that how you concede is just as
important as what you concede.
Trade concessions in fewer and fewer amounts
requiring the -other party to spend more and
more time and effort.
Manage time efficiently by concentrating on key
issues.
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EXHIBIT C MANAGING CONCESSIONS
Know the competition to resist giving away
unnecessary concessions.
Be aware of false concessions.
Build trust; otherwise reciprocity is not
adhered to.
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11.13 LEARNING PATTERNS - REVIEW
Six Ps of effective
negotiation
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11.13 LEARNING PATTERNS - REVIEW
Parties
Process
Power36
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11.13 LEARNING PATTERNS - REVIEW
Product
Problem Prognosis
(outcome)
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11.14 INSTRUCTIONS (20 minutes)
Reassemble in SG
Review the Summary Lecture for Part I
Discuss questions arising
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11.14 INSTRUCTIONS (20 minutes)
Get the best out of Part II of the program, completeALL of homework tonight:
Study the course text book: Practical Solutions to
Global
Business Negotiations (Cellich & Jain) - Chapter 1 and
explore the contents of the book for future study.
Study again the AGL Summary Lecture Part 1 and
Glossary in the Diary.
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11.14 INSTRUCTIONS (20 minutes)
Review the HBS Article (Investment Analysis).
Very briefly review the two new cases: Quick Drying Paint
and GE (handouts).
Review your notes for Part I of the course and list
outstanding
questions to be resolved in Part II
Be sure to return the Workpack to the organizer now.
You have all you need in the Diary.
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END
END OF SUMMARY LECTURE 1
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3. SUMMARY LECTURE - 2
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12.1 COURSE OBJECTIVES
The program provides members with the opportunity to use negotiationconcepts, techniques and skills so that they become more completemanagers.
The specific learning objectives are to:
To analyze negotiation process to achieve goals exceeding BATNA
To evaluate the impact of culture on negotiation.
To practice international negotiation communication skills.
To develop skills in achieving negotiation strategy .
To motivate further study in the future.
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12.2 NEGOTIATION
The key objective is to achieve the goal exceeding BATNA. Helped duringtalks, when effective relationship negotiators focus on a variety of non-contractual issues, including:
Getting to know the other side well.
Establishing a positive personal chemistry between the leadership of the companies involved.
Understanding and respecting each others cultures, expectations, and
goals. Putting mechanisms in place to foster communication after the
contract is signed.
Ensuring that the proposed deal is balanced and advantageous for both sides.
Identifying and planning for potential obstacles to implementation.
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12.3 COMMUNICATION
The exchange of messages between people to may achieve common meaning, in three forms:
Instrumental/goal directed communication - where the sender seeks
to achieve specific effects in the receiver - most important in work. Such
deliberate communication is "transmitted".
Expressive communication - where an emotional state (e.g. joy or anger)
or a motivational state (e.g. enthusiasm or frustration) is
spontaneously "emitted"
Incidental and often un-conscious communication where the sender
"imparts" information to others without intending to.
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12.3 COMMUNICATION
Be prepared for a practical reality face to face" communication, asinformation may transmitted as follows:
10% - in words
50% - in facial expressions
40% - in vocal intonation and inflection.
Thus words themselves or the "rational component", may conveyonly about 10% of the communication message. 90% of eachmessage depends on the "emotional feelings content", whether we
are aware of it or not!
Communication is helped by words and feelings.
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12.4 INTER-GROUP BEHAVIOR
In negotiation between groups, to survive and be effective, a group mustwork through differences with other groups.
Inter-group relationships are fostered by the norm of reciprocity ie.exchange of favors - like a human resource bank account. Communicationcan fail when a group refuses to provide favors for another.
Older more inflexible individuals and groups tend to become resistant tochange. Such groups are "frozen". Frozen groups, contrast with dynamicgroups that are more able to change.
People who perceive their established positions, status, security, privileges
etc. to be threatened by change will resist it more strongly.
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12 5 NEGOTIATION CONCEPTS
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12.5 NEGOTIATION CONCEPTS
Everything is negotiable with the tools of: time, power andinformation and with a "win/win" style of negotiation.
Win/lose negotiation styles do not support long term
cooperation, Successful win/win negotiation lies in findingout what the other side "really" wants and showing themthe way to get it while we get what we want.
Most needs can be satisfied by the way we act and behave,
when the goal is mutual satisfaction (but we must avoid"nibbles" - asking for extras AFTER a deal!).
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12.6 COMMUNICATION AND
NEGOTIATION SKILLS FROM A-Z
Study the ideas in Exhibit A and recognize the
ones which you have already learned.
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12.7 PRACTICAL THINGS NOT TO DO
IN NEGOTIATION
Study the ideas in Exhibit B and recognize the
ones which you have already learned.
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12.8 LEARN FROM EVERY CASE
EXPERIENCE QUICK DRYING PAINT CASE:
Clarify the different roles in licensing
Recognize the complexity of licensing and the risk of patent loss. Define what the licensor must be sure to do
Decide on the ownership of improvements
Forecast outcomes with specific clauses and controls
Decide who bears foreign exchange risk
Provide for dispute resolution with an agreed arbitrator
Be realistic on possible outcome of litigation in Mexico or USA
Recognize the possible unequal parties in licensing
With no agreement back to BATNA
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12.8 LEARN FROM EVERY CASE
EXPERIENCE
GE CASE:
Contrast of cultural values.
Possible joint venture despite highly different objectives.
Several other alternatives available
Why is tit that negotiations fail How to ensure fulfillment of Asian contracts
Taking two years of meetings to agree a relationship
Cross cultural behaviours and endeavours
Nature of the win-win deal
Need to accept and structure re-negotiation With trust for a long term potential together
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12.9 OVERALL
SWOT and KSA to achieve a goal exceeding BATNA.
The six Harvard Ps of effective negotiation are : Parties,Process,
Power, Product, Problem and Prognosis (outcome).
The key negotiation objective is achieving a long termrelationship of trust for mutual benefit and a win-winoutcome.
The BATNA is an alternative for a failed negotiation.
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12 9 OVERALL
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12.9 OVERALL
So much in negotiation will depend upon youmanaging: environment, process and the setting,Now you can do it !!!
On we go together when you have time be
sure to study section 4.0 Cultural Challenges and you will find that you have absorbed the
answer to each case instinctively after 2 days ofAGL interaction negotiation instincts worth amillion?
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
A. "ACTIVE LISTENING" is the key to good communication!
B. Use outside consultants skilfully as "organizationalsymbols" who "take the BLAME" for necessary changes that
MUST be introduced.
C. The objective of communication is to ensure thatexpectations and reactions are CONGRUENT.
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
D. Appreciate cultural DIFFERENCES. Many messages mean
different things with different emotional consequences in
different cultures!!
E. EMPATHIZE with the receiver/sender.
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
F. Seek continual FEEDBACK. Listen actively and accept, use
and reward contributions from colleagues.
G. GO for: trustworthiness, trust, empowerment and
alignment. which build commitment and promote effective
communication and delegation.
H. Seek assistance from others who may be HELPFUL prior
to communicating - ignoring them may be an insult!!
I. Clarify IDEAS before communicating them.
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
J. Recognize PREJUDICE (sexual/racial/national/religious/age ...oneself too!) ... is everywhere ... and communicate accordingly.
K. Sometimes we all need a little KITA to improve our efficiency
(doing things right) and effectiveness (doing the right things).
L. Accept that personal needs and survival are everybody'snormal first priority regardless of what they say. Look for the four"L's" : living, loving, learning and legacy.
M. Consistent MEANING - don't keep changing your message.
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
N. Recognize the cultural NORMS of the environment withinwhich you communicate.
O. Examine your OBJECTIVES and expectations for each
communication (facts? attitudes? feelings?)
P. PRACTICE what you preach because people judge you by your"action communication" (80%) not merely your "wordcommunication" (20%).
Q. Recognize that failure to use "politically correct" terminology
could lead to significant adverse reactions.
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
R. Good communication needs a "RELATIONSHIP" - to make itwith a foreign speaker - make the effort to learn some of her/hislanguage - even though you may work together in English.
S. Recognize that people are committed to change only in termsof their own personal SAFETY systems.
T. Remember that it is not only what you say but how you say it("TONE") that determines the real effect of communication.
U. Remember that to be a successful manager and communicator
it is just as necessary for you to UNDERSTAND other people's pointof view, as it is for them to understand yours.
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
V. Seek organizational culture not by complete control orcomplete freedom but by the third domain of interdependentcommitment expressed in meaningful mission statements thatrespond to the needs and VALUES of all of the stakeholders.
W. Be very creative (brain storm) in seeking "WIN-WIN" solutions,
by seeking out the magic "seven" alternatives for every problem.
X. And remember that every Napoleon theory (X) alwaysperceives himself/herself to be a tolerant, benevolent, participativetheory (Y) manager ...!!!
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EXHIBIT A COMMUNICATION AND
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EXHIBIT A - COMMUNICATION AND
NEGOTIATION SKILLS A-Z
Y. Recognize that when a manager says she/heis "LOYAL" to the company", she/he is really
saying "my personal needs are being satisfied bythis organization and therefore I want it tosurvive".
Z. "Starters" achieve effective change but don'thesitate to replace them with "Runners" whenthe time comes.
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EXHIBIT B - PRACTICAL THINGS NOT
TO DO IN NEGOTIATION Study the ideas in Exhibit B and recognize the ones which you have
already learned after two whole days of AGL effort.
So please do not:
Confuse cost and value.
Accept concessions too easily.
Be the first to make concessions on key issues.
Offer a large concession early in the discussions, as it encourages
the other party to ask for more.
Give away important concessions under time pressure.
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EXHIBIT B PRACTICAL THINGS NOT
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EXHIBIT B - PRACTICAL THINGS NOT
TO DO IN NEGOTIATION
Show too much enthusiasm when accepting concessions (winners curse)
Accept future promises in exchange for valuable
concessions. Assume that the other party values concessions
the same way as you do.
Suppose that the other party has similar
priorities, needs, goals, and motivation. Trade concessions without first creating value
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EXHIBIT B PRACTICAL THINGS NOT
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EXHIBIT B - PRACTICAL THINGS NOT
TO DO IN NEGOTIATION
Make concessions that affect the bottom line
negatively.
Claim value before creating value.
Be arrogant when refusing a concession.
Adopt a concession strategy that can be easily
detected by the other party. Make quick decisions under time pressure.
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EXHIBIT B PRACTICAL THINGS NOT
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EXHIBIT B - PRACTICAL THINGS NOT
TO DO IN NEGOTIATION
Give away information to the other party
without reciprocity.
Negotiate against yourself.
Rush into concessions to satisfy the other
party.
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LEARNING PATTERNS REVIEWSix Ps of effective negotiation
Parties
Process Power
Product
Problem
Prognosis
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FINAL NOTE
This ends our AGL program; one of a six part series:
AGL 1 - Finance for Non-Financial Managers
AGL 2 - Cost Control
AGL 3 - Planning and Budgetary Control
AGL 4 - Capital Investment Analysis
AGL 10 - Management of Working Capital
AGL 20 - Negotiation
We hope it has inspired you to develop your skills by practical applica-
tion. You are now ready to study the course text book which is excellent:
Practical Solutions to Global Business Negotiations
(Cellich & Jain)
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FINAL NOTE
Thank you for your interest and hard work. Keep the glossary handy as a dailyreference for finance and other negotiations. Follow up by doing sections 5, 6, 7
and 8 of eh Diary and giving feedback after the course.
We hope that you have much enjoyed the AGL experience and that it motivates
you to read widely in finance and accounting and to continue your studies in thefuture. We suggest the The Economist weekly and the WSJ (Wall Street Journal)
every morning - as good as an MBA!!!
Be sure to reinforce your learning with the all the activities set out in the Diary
and with the LRT (Learning Recall Tape) routine, as explained by the organizer.
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FINAL NOTE
In the month following completion of the program. Please send usthe Final Feedback Summary on day 28.
We trust that you have found AGL to be both "efficient" (doingthings right) and "effective" (doing the right things).
Thank you for being a member of the program.
RGAB
www.crelearning.com
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End of Summary Lecture 2