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Dispute Resolution in Telecom and Broadcasting
Sectors“Regulatory Framework and Dispute
Resolution”
on Saturday 14th May, 2011
at Guwahati
Negotiation and Mediation
Presented by Ms. Neena Bansal Krishna
Secretary / Director (ADR)
Page 3
www.ReadySetPresent.com
DEFINITION Defined as process of reciprocal communications between participants for purpose of achieving or satisfying a participant’s claims, need or interests in face of competing, claims, needs or interests.
Process of bargaining between two (or more) interests.
Helps parties to arrive at an agreement satisfactory to both parties.
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Involves : • a complex set of human behavior
Requires :• An understanding of communications,
persuasions; • behavioral theories, psychology;• conflict resolution methods; • flexibility, creativity and reasonableness.
Listening is most powerful negotiation skill
All negotiations involve two levels :
Vs.
Works at various stages of negotiation process :
• Which strategies are planned to be used; which are actually chosen• The way other party and its intentions are perceived.• Willingness to reach
agreement
Whether to settle or not, depends on emotional factors
Positive emotions facilitate :
• reaching an agreement• help to maximize gains
Negative emotions can cause :
• intense irrational behaviour
• Conflict to escalate
• negotiations to break
Approaches to
negotiation :
Approaches to
negotiation :
Good Negotiator blends both approaches and shift according to circumstances
Both are not mutually exclusive nor one superior to other
Both may be followed
Neither approach is inherently more effective than other.
Six steps ofNegotiation Process
State the problem
Decide on best solution
Reach consensus
Restate the issues
Present possible solution - options
Identify real needs
1. Gather information
2. Leverage Evaluation – time factor, urgency, availability
3. Analysis : What are the issues; What are the ‘needs’ wants / greed Understand others needs
4. To know strengths and weaknesses of case
5. Goals and Expectations
6. Develop rapport
Fundamental elements of negotiation process :
Pre bargaining - Preparation Phase-I
Fundamental elements of negotiation process :
Bargaining Phase-II
Opening Offer :
1.More than what you expect.
2.Should be reasonable and constructive.
3.Have justifications.
4.Keep in mind both goals and bottom lines.
5.Break problem into issues.
6.Explore options.
7.Remember principles of fairness.
Negotiation dance
Opening Offer (Rs.)
Value to be distributed Rs.4000/-
Market Price (Rs.)
16,000 What do you want. 20,000
17,000 Where should be the first offer. 19,000
17,500 When to make first move 18,000
17,750 18,250
17,875 How to close. 18,125
17,935Rs.18000/-
18,065
SELLER’S WALK AWAY POSITION Rs17,500SELLER’S WALK AWAY POSITION Rs17,500
BUYER’S WALK AWAY POSITION Rs18,500BUYER’S WALK AWAY POSITION Rs18,500
Rs 16,ooo
Rs 16,ooo
Rs20,000Rs20,000
Book Sale Exercise
Fundamental elements of negotiation process :
CLOSURE Phase-III
Don’t blow end game :• Don’t rush or delay• Strike when iron is hot.
Wise agreement :• Should be efficient.• Improve relationships• Don’t fuss over petty issues.• Meets interests of both parties.
Don’t ignore emotional closure
1. Few trade off.
2.Concessions : logrolling make concessions of low priority in exchange for concessions on issue that is of more value.
3. Bridging the gap
4. Speak their language
Tricks of Negotiations :
5. Make dependence a factor
6. Explain demands – Use
objective criteria
7. Facts and statistics
8. Higher Authority9. Taking Risks : Trust is important
Tricks of Negotiations :
Negotiate from Strength
"When others sense your willingness to "When others sense your willingness to walk away, your hand is strengthened. walk away, your hand is strengthened.
Sometimes you are better off not getting to yes.“
Negotiate Effectively… Even When You are Weak
Reframe Weakness as Strength
• 1912 Presidential campaign
• Used photo of Roosevelt without permission
• 3 million copies printed
• Penalty $1/copy
• Telegram: planning to print 3 million copies of campaign speech. Excellent opportunity for photographers.
• How much are you willing to pay us to use your photograph?
• “Appreciate opportunity but can afford to pay $250.”
Lessons from Roosevelt
• Don’t reveal the weakness of your alternatives
• Having weak alternatives is not so bad if the other side’s alternative is also weak
• Being weak is bad. Feeling weak can be fatal.
• The person who defines the negotiation, wins the negotiation
Despite best efforts sometimes negotiations reach at impasse
Parties realise resolution of disputes can serve better but do not reach to settlement.
A negotiator to examine why negotiations failed and try to overcome barriers 25
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Reasons For Negotiation Breakdown
Techniques
Poor negotiation skills
Help parties with framing offers
Unrealistic Expectations
Reality testing
Issues of Principles Focus parties on practical considerations
Emotions, ego, pride Acknowledge and allow expression of emotions
Failure of communications
Act as a conduit for clear and safe communications
Poor decision making Shape agreement
Settlement panic Help parties to visualizes future beyond dispute
Mediation
Mediation is a voluntary process in which
a neutral third party - a mediator -
facilitates through communication and
negotiations, the parties to arrive at a
mutually acceptable amicable agreement
to their dispute.
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A mediator : facilitates communication and negotiations , promotes understanding, assists parties to identify interests and needs, uses creative problem solving
techniques , enables parties to reach their own
agreement.
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Utilizes negotiation skill
To understand negotiation tactics
To help parties past hurdles to make first offer
To manage parties expectations
To exchange information tactically
To use creative problem solving techniques
Mediator as Negotiator
Thank you
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