To Negotiate

8/12/2019 To Negotiate

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Is to negotiate the meeting of two or more parties, who seek ways to resolve their conflicts , and

may be assisted by a neutral mediator called or by a third conciliator .

Traditional methods for trading may be unsatisfactory or stressful for those involved. It is in thiscontext that the method of the Harvard School arises .

METHOD OF HARVARD NEGOTIATION

This system, based on principles developed in the Negotiation Project Harvard School , is to decide

the issues (whatever they are ) on their merits (also called principles or interests ) , rather than

decide them by haggling.

This method suggests that mutual benefits are sought whenever possible and that the conflict of

interest must be resolved based on a fair basis. Based on these principles , taught to separate the

people from the problem : can be hard on the arguments and the problem itself , but at the same

time be gentle with people. No tricks or employs poses.

Allows you to get your rights and be decent at the same time , protecting those who are willing totake advantage . Anyone can use this method.

Every deal is different but the basic elements of the method are unchanged. And if the other

discovers our strategy , our method , instead of being more difficult to negotiate , will be easier.

WHAT HAPPENS WHEN USING TRADITIONAL STRATEGIES ?

When discussed based on positions , foolish and inefficient agreements occur, and endangers the

relationship between the parties . Furthermore, when the parties are many even more difficult to

reach an agreement if they are focused on their positions.

Around the table they can sit several parts, or each party has their constituents , their superiors ,

boards or committees to which it must respond . It is difficult to change a position , especially when

additional participants who are superior , yet still present in the table, must give its approval.


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An agreement is sensible as far as possible when meeting the legitimate interests of both parties,

resolves the conflict of interests fairly, is durable agreement and takes into account the interests of

the community.

METHOD OF POSITIONS BY NEGOTIATION CAN BE HARD OR SOFT .

You can choose to be a soft negotiator when you think parties are friends , the goal is to reach an

agreement , when relying on others, is bidding , disclosed the last position , the emphasis on

achieving an agreement, tries to avoid confrontation , and yields to the pressure .

You can choose to be a tough negotiator when you think parties are adversaries , the objective is todefeat, suspicious of others, threatens , deceives about your last position and apply pressure.

If it is soft compared to hard you can lose your shirt . If it is hard, you can reach a wise agreement.

The game of trading occurs on two levels : Level One , negotiation is essential: the wage increase ,

the price of rent, etc. . Level two refers to how to negotiate the rules of the game , rules of

procedure : it is a game about a game ( a meta- game).

The answer to the question of whether to use soft or hard version of positional bargaining is ?

Neither one nor the other ? . Change the game .

The Harvard Negotiation Project develops an alternative method to produce wise outcomes

efficiently and amicably : the method of interest.

ELEMENTS

This method can be defined around four basic elements : a ) People : people of the problem must be

separated . Players must see themselves working together to solve the problem, not attacking each

other . To separate the two, you have to work with the perceptions that each party has to try to

understand them , standing in the place of another : this will be a benefit because it will reduce the

scope of the conflict. ( The owner of the property on which it is negotiating a new contract can see

that with the increase in other costs , he needs more income , and the rent has not gone for long.


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Tenant can collect the rent and is too high and the increase in other costs, he can not pay more for

your home. the owner may think that the tenant has a sound that crazy, and think it is a good tenant

because they have dogs or cats. and so ad infinitum. ) is also useful to allow emotions are made

explicit , that the parties express it highlights the seriousness of the problem , the weight of

unexpressed emotions are released, and the parties will be better prepared to work on solving the

problem. It is good that each party, in turn, to vent getting a great psychological relief . Faced with

problems of communication, very common among people, you have to listen , to understand the

perceptions, emotions feel and hear what others are trying to say . While listening to the other

should not be thinking about the answer because one can miss what the other said and no

communication. There are many techniques to communicate better developed by this project . It is

useful to create a working relationship with the other party or the other negotiator , before you start

negotiating , trying to learn and find out what he likes or dislikes , meet informally , arrive early and

stay a while when the meeting ended . It is easier to negotiate with someone you know ( colleague,

friend , partner) with a stranger, who can be attributed evil intentions . b ) Interests : Focus on

interests underlying concerns ? ? and not positions . Think about the story of two men who arefighting in a library. ? One wants the window open and the other wants the window closed. They

discuss how open : just a slit , half , three quarters : no solution that satisfies both. Then comes the

librarian and asks one ? Why you want to open the window ? . To receive freso air, pick up, pick one .

Asks the other why he wants to close the window, so there is no current. After thinking a moment,

the library opens a window in the next room so getting fresh air , with no current. If the library had

focused on the positions of both men : open or closed , I could not have invented a solution ? .

The basic problem in a negotiation is interest, not the conflict between positions, but the conflict

between the needs , desires , concerns . One can say ? I disagree . He wants $ 100,000 for the house

and not pay a penny more than $ 95,000. But on another level the problem is: He needs at least $100,000 in a settlement with his ex-wife and I told my family I would not pay more than $ 95,000 per

house . These desires and concerns are interests . We tend to think that because the positions are

opposite, it will also be interested , but there may be shared and compatible interests , besides

conflicting . To discover and identify the interest you have to ask why ( they walk this or that) ?

There are fundamental concerns involving everyone : are basic human needs , and negotiations have

no chance to progress if one party thinks he sees threatened their basic needs. They are: security,

economic well-being , a sense of belonging , recognition , control over one's life . c ) Options : Before

attempting to agree on the only correct solution , invent options for mutual gain . Take time to think

about a wide gradation of possible solutions that promote shared interests and reconcile different .

Spread the invention of the decision because the critical judgment inhibits the imagination. The rulewould postpone all criticism , merely ? Step in brainstorming ? whole group to invent ideas without

stopping to think whether they are good or bad. No one should feel like a fool. After the storm does

point out the most promising ideas to begin to develop more . d ) Criteria : insist that the result be

based on objective criteria , independent of the will of a single part , such as the opinion of an expert

, custom , or law, market value , etc. . The discussion of these criteria would lead to either party

must yield to the other , but both are hosting a fair solution.

With this alternative method of negotiation, rather than a soft or hard negotiator takes you to the

parties understand that they are neither friends nor foes but are troubleshooting.


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The goal is not agreement or victory is to achieve a sensible result in an efficient and friendly manner

. Instead of being soft or hard , be soft on people and hard on the problem , separating the two. Do

not trust or distrust : proceed independent of trust . No change or maintain its position : Focus on

interests . Do not make offers or threatens : explore interests . Do not give out your last position and

what fool about is this: I avoid having a late position . Do not accept unilateral losses or require

unilateral advantages : invent options for mutual gain . Do not give in to pressure from pressures :

argue and remain open to the reasons give in the beginning and not to pressure .

FEATURES

We can review as characteristic and distinctive effective trading system , designed by Fisher and Ury

( Harvard School of ) the following:

1) Interests : are the desires, needs , concerns , fears of each of the parties. Interest is disguised ,

hidden , hidden behind the positions of each party. Should be negotiated based on interests and not

positions. To differentiate interest positions the story of two sisters who were fighting an orange

counts . As each position wanted orange ? went to a judge to settle the dispute . This Solomonic

judge divided by the orange halves . One sister used her half to make juice. The other , to grate the

peel. The judge ruled based on positions. Had resolved based on interests ? Juice and peel ? both

sides could have won twice and took what , for 100% orange juice and to 100% for shell could have

been .

2) Alternatives : Possible actions are having house party outside the negotiating table , are unilateral

( sue , post a request , make a report before administrative agencies , etc). . The BATNA is the best

alternative to a negotiated agreement, and each party must get to know what is the MAAN own and

what is the other, or endeavor to imagine , before going to the negotiating table . She must be very

clear , because it could be the case that the BATNA a party is as good (eg . Almost certainly win at

trial ) that you should not sit down and negotiate . In a negotiating table each party should ? Throw

down ? or worsen the BATNA of the other ( in eg . letting you know that you may not have thejudgment won because there is a shift in the jurisprudence , or letting you know has much evidence

for its part, etc. . ) .

3) Options: are the ideas that emerge from both parties working together, at the table of

negotiations, both sides should create many options and then choose the most convenient , that will

end the conflict. At the beginning of the negotiation should be further brainstorm (brain -storm ) and

then move on to analyze : the emerging you will not be valued because it inhibits creativity and

imagination. One thing is to create and another to decide .


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4) Communication : It is important to show sensitivity and understanding in speaking and listening

parties . The misunderstanding is always possible , therefore, receiver and he should handle the

same language, and talk about the same thing on the table.

5 ) Commitment: an agreement is reached to the extent that the parties are committed to the

negotiation process itself and the result is satisfactory and can meet . The degree to which the

parties will engage in negotiations and then meet in the future with the agreement arriving .

6) Legitimacy: are the objective criteria of reasonableness that the parties will choose and use to

select options and reach agreement, are not arbitrary , capricious, or subjective , are the framework

that will give peace of mind that no one gets hurt . For example the market prices, the customs , and

so on.

7) Relationships: the employment or business relationship between the parties must be city and may

need to be remade along negotiations for possible future negotiations. When a person makes a

business is supposed to be repeating .

To achieve the reader better understanding of how this system works in a particular case , let's take

a theoretical example and will relate each concept with case.

BIBILIOGRAFA .

Grisolia , July, Alfie , Miguel , Bernasconi , Ana , Cancela, Diego. " PROFESSIONAL PRACTICE LAWYER "

(MEDIATION AND NEGOTIATION ) . Editorial Abeledo Perrot . Third Edition. Buenos Aires , 2013.

1344 pages .

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To Negotiate