Otium or Negotium ?
The thrill of Negotiating Playing hard by negotiating efficiently
Folgore Eugenio Pozzolini – The Pozzolini Flying Circus 2009
(parts of this presentation are Copyrights of other authors)
The Courage To Do The Impossible Lies In The Hearts of Men
2009 September Beta Release 1.16
This is an Open Source document, hence free. However be kind to contact me at [email protected] before using any
part of it.
© Folgore Eugenio Pozzolini 2009 (parts of this presentation are Copyrights of other authors)
A thank you to
My father, who negotiated his survival during WW 2 as a freedom fighter
Mr. Eric Pernette – Head of Industrial Relations ERDF
For his effort in discussing this paper, advice and common good sense
Roger Fisher, PhD – Harvard Law SchoolWilliam Ury, PhD, co-founder Harvard's Program on Negotiation
Director the Global Negotiating InitiativeBruce Patton - Deputy Director Negotiation Project Harvard
Negotiation Project
authors of
GETTING TO YES (Negotiating agreement without giving in)whom I quote extensivley in this course
To get, you, through the understanding of the sequence of actions which will take place in conducting a negotiation and negotiating, to comprehend the meaning, value and effort – as well as skills - required to negotiate
The Latin ethymology of the verb to negotiate is :
negotiatus, past participle of negotiari
to carry on businessto carry on business
from the noun negotium, neg (not) + otium (leisure)
which means in one simple sentence
GOOD WORK !GOOD WORK !
Objective of the course
Chapter 1.01Chapter 1.01Today’s ethimology of the word/verb Today’s ethimology of the word/verb
negotiatenegotiateThe construction of the linguistic process and its derivates by analysing
thelinguistic and philological root tree.
i. Where do the word negotiation and the verb to negotiate come from?
ii. What are the variances and derivations of both ?
iii. Where do they lead to?
iv. What other meanings can we attribute to both!?!
If you understand this – in a short lapse of time - I will buy you abeer!
Not simple or easy but in terms of logicslogics necessary, essential
Without it you will not understand where a word/verb come from nor what are
their meaning in context, therefore you may not know what you are talking
about as you will not have a full 100 % mastering of it !
negotiation (noun) the activity or business of negotiating an agreement The Tree: act; human action; human activity ╚activity ╚negotiation
negotiation, (noun) a discussion intended to produce an agreementThe Tree: abstraction FROM ╚relation ╚social relation ╚communication ╚auditory communication ╚speech; speech communication; spoken communication; spoken language; language; voice communication; oral communication ╚discussion; give-and-take; word ╚negotiation, dialogue, talks TO ╚mediation ╚horse trading ╚collective bargaining ╚bargaining ╚diplomacy; diplomatic negotiations ╚parley
to negociate, negotiate, (verb)The Tree: act; move FROM ╚interact ╚ communicate; intercommunicate ╚ talk; speak; utter; mouth; verbalize; verbalise ╚talk of; talk about ╚hash out; discuss; talk over ╚negociate, negotiate, talk terms TO ╚broker ╚dicker; bargain ╚re-negociate; renegotiate ╚intercede; mediate; intermediate; liaise; arbitrate
My observations My observations and a few thoughts and a few thoughts
about the use/abuse, misconceptions, about the use/abuse, misconceptions, misunderstandingmisunderstanding on the concept of on the concept of
NEGOTIATIONNEGOTIATION
Chapter 1.02Chapter 1.02
The nefarious habit/influence of the use via internet of Google and Wikipedia and Facebook and Second life and Video games to the extreme has pushed human begins to isolate themselves more and more shielding themselves from the impervious challenges coming from the outside world.
Today we experience difficulty in negotiating perhaps because there is a clear lack of interaction between humans based on knowing each other, negotiating our positions, defending our point of view, fighting for our needs and wants, in the end, being able to sort out in a decent manner potential conflicts in the making.
I have some doubts about the validity of the 3 Winners scenarios, WWW, because in any given situation there is going to be a larger larger winnerwinner than others.
Today’s urban mythology that all is beautiful, that we live in a world of all winners, is pernicious and misleading. Dangerous in the least.
World as it was, is and will be, is a world of latent conflicts, problems, issues, which can and should be confronted one on one , person to person, head to head, eye to eye with all the preparation, determination and attention that we can muster and manage.
We can’t run away from negotiating in our every day life
There in no place to hide except returning to your mother’s womb!
I have no pretence of teaching you what is defined - by some - as the Art of Negotiation, because I do not believe that it exists, if not in rare, very rare cases, where we have a Leonardo or a Michelangelo of negotiation in action.
They are as rare as the Mona Lisa in the Louvre or the Pietà in the Vatican.
I firmly believe that we can ALL negotiate because every day we negotiate our life.
What is required are skills, preparation, knowledge and savoir faire (know how).
Clicks do not build Bricks.
Bricks are built by negotiating with life, not in a pseudo baby-world of « Eldorado » or video game scenarios where war is won at the Microsoft Table in 3 D, no blood spilled, no pain, but always in the end gain.
Now, is that conceivable? Gain without pain ? Without negotiation?
Not in the world I belong to !
Thank you for your attention to my lesson
Otium et Negotium
a few words of explanation
ChapterChapter 1.03 1.03
Otium and Negotium were two key concepts for Latin culture, but with a totally opposite value. And meaning.
Indeed, while the Negotia (plural of Negotium) were activities purely performed in order to serve the Senatus Popolusque Romanorum (SPQR) or - in modern terms - the State, Otia (idem) indicated taking time off from public devoted activity, or free time for the free citazin for his private life, privacy or study (Otium litteraratum).
For a long time Roman Society and Culture favoured the Negotia.
This innate idea in Rome was influenced particularly by the typical rural values of the mos maiorum existing, from its origins in, the cives romanus. Otium thus remained only a small diversion/interlude that they allowed themselves from time to time between one Negotiae commitments and another…
PS. Someone asked me a few days ago: why Otium and then Negotium? Slightly embarrassed I realized that unconsciously I had placed, as usual in my mind, the PLAY HARD part before the WORK HARD.
Chapter 1.04Chapter 1.04
Quotes Definition
Example of negotiations postures
John Fitzgerald Kennedy Mr. Eric Pernette Theodore Roosvelt Barack Obama Mohandas Gandhi Marcus Junius Brutus Marcus Antonius
So let us begin anew -- remembering on both sides that civility is not a sign of weakness, and sincerity is always
subject to proof
Let us never negotiate out of fear, but let us never fear to negotiate.
JFK - Inauguration speech - 1961
You must exchange with the risk of changing
Mr. Eric Pernette –F2F meeting August 2009
The Courage To Do The Impossible Lies In The Hearts of Men.
“Leader” of Master & Commander, the Film
It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better.
The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat.
Theodore Roosvelt - La Sorbonne, Paris, April 23, 1910
Mr. Obama has few illusions about Mr. Putin.
“I found him tough, smart, shrewd, very unsentimental, very pragmatic.
And on areas where we disagree, like Georgia, I don’t anticipate a
meeting of minds anytime soon.”
By the same token, Mr Obama said he trusted Mr. Medvedev and found
him “straightforward and professional”.
The Economist, 11th July 2009
Gandhi tells British authorities that they
will leave India
Is it a negotiation?
Is it a factual non negotiable point which should force the opposite to think or should he negotiate ?
What is the force of Gahndi’s argument in his negotiating tone?
What is the strenght of the Englishmen in their negotiating pattern ?
www.americanrhetoric.com/MovieSpeeches/moviespeechgandhi3.html
Between Brutus and Marcus Antonius a negotiation ?
Is it a tactical mistake of Brutus to let Marcus Antonius have his say?
How does Marcus Antonius turn around the crowd ?
Is it a negotiation or a skilled off-balancing on the part of Marcus Antonius
of the opposite by the use of factual irony ?
By using the roman rethoric method on the part of Marcus Antonius ofof
saying what we want to say by saying the oppositesaying what we want to say by saying the opposite ?
What are the factual and emotional elements that Marcus Antonius brings
to the table?
What are the main difference between the two. Is one a speech and the other
an oration?
http://www.americanrhetoric.com/MovieSpeeches/moviespeechjuliuscaesarantony.html
Chapter 1.05
1.05.01 Qualities and Character of a negotiator
1.05.02 Fields, Types and Areas of negotiation1.05.03 What notnot to bring to the table1.05.04 Winner & Losers. The myth of
WinWinWin vs. the reality of WinWinWin
1.05.o1
Qualities of a terrific one-in-class negotiator
my definition
PreparationNumbers & Facts on the tip of your fingers
Make it clear that what you SAY is what you will doMake sure that you will DO is what you said you would
Flexibility , alwaysPunch - if and when called for Stepping back, when required
Qualities of a terrificterrific one-in-class negotiator
straight from the mouth of
a one-in-class negotiator
ListeningListeningListening
I must admit I was surprised how this coincided with my previous apprentiship in a Masonic Lodge where for the first 3 years I had to listen before beign allowed to
talk!
An advise to a future - green & young - negotiator
Follow the leader, « carry his bag », enter in the « big boys club » and become part of a negotiation session as a listener
Therefore I will talk to you about…………
In talking to good professional negotiators I came across the fact that
indeed there are quite a number/types of negotiations possible in the
universe of a Company, depending on the field of business, diverseactivities, opposites, object of the negotiation.
As well as negotiations in your day-to-day life, in politics, war,between countries, between sharp contrasting interests.
Therefore I will talk to you about…………
1.05.02
Fields,Types and Areas of negotiation
Industrial relations with Trade UnionsCommercial agreements (buy & sell)
Service contractsPartnershipsJoint ventures
Mergers and AcquisitionsA political agreement Your fiancée's handYour kids demands
A bank loanYour salary !
Everything and Anything that is negotiable keeping in mind that Anything & Everything is negotiable
1.05.03
What imperatively you must not bring to the negotiation table
Lack of Integrity Ulterior motives Hidden Agenda Lack of good faith False information or data
1.05.04
Winner & Losers. The myth of WWW vs. the reality of small wins, ok wins and large wins
There are no two winners in a prize fight, just the one who rolls the best punches
There is a winnera winner and a losera loser: “The Bronx Bull”Jacke Lamotta or “Sugar” Ray Robinson
NOT the public, NOT the referee.
This even more in a three way negotiation.
Therefore please get out of you mind that we are all good, soft, that we love the earth, that we love not to hurt.
Because if you don’t get it out of your mind, stiffen up, you will get hurt, badly at times
In business there are winners, losers or less winners. But for sure no equals
1.05.04
Winner & Losers. The myth of WinWinWin vs. the realitythe reality of
WinWinWin Who are the Winners in a business
negotiation ?
First of all Your companySecond You and your companyPossibly You and both
companies
Chapter 1.06
First part
Substance
Si vis pacem para bellum
You are the key & center of your negotiating world.
Be one in class when you negotiate.
Those who dare to dare, sort out inventive SOLUTIONS, are pragmatic and - at the same time - able to act in a non-pragmatic fashion if so called for, contribute brilliant SOLUTIONS, are motivated by the aim of reaching a WinWinWin agreement, create SOLUTIONS , think SOLUTION before the manifestation of the problem, are - in my view & professional experience - valid negotiators.
Si vis pacem para bellum
To negotiate you must master and muster
Points (Infos) Figures (Data)
And know PEOPLE, think PEOPLE because if don’t know PEOPLE you
will never give the opposite an honourable way out
Si vis pacem para bellum
You WILL
1. Prepare a script2. Roll it out with a superb, better than you, Sparring
Partner and defend it tooth and nail3. Answer tough questions never taking it personaly4. Train, train, train
Si vis pacem para bellum
Preparing yourself for the first round of negotiations
You must and will :
i. Prepare your plan of action , a time-table as well as a scheduleii. Set your Agenda iii. Define what is negotiablenegotiable, not negotiablenot negotiable and in-betweenin-betweeniv. Define what is marginalmarginal and what is priority priority for your Companyv. Set you imaginaryimaginary scenario, seating positions & allotted time for each step and phasevi. Define in your mind who is going to run the negotiation session, us or them ? vii. Define , again in your mind, who is going to chair the negotiation session, acting as an an
arbiterarbiter even if he belongs to one of the two camps viii. Clarify in your mind and set what Rules of Order will govern you negotiating meetingix. Scroll down your agenda with your splendid Sparring Partner (an in boxing) and lay
out your positions, argument your arguments, points, to the limit (that I mean) issues tooth and nails
x. No blood spilled but hard tack, attack and defence, we are not in the boy scouts , you are selling and defending your Company, no prisoners, and prisoners must be taken often..
xi. Prepare and put to your Sparring Partner tough questions never attacking him personally
xii. Answer tough questions from your SP never taking it personallyxiii. Train, train, train
The only things, the one and only that you must be sure of is yourself.
If you bring all you have , to the best, you will probably not be loved but surely respecetd and perhaps admired
Last but not least, if you are a smart oneif you are a smart one, try to negotiate as if you where your opposite !!!!!
Si vis pacem para bellum
Keep well impressed in your mind that you have one and only oneone chance in negotiating a good agreement if you are in charge of it.
If you miss this opportunity, you are out.
You are off my team.
No time for “shape up or ship out” for you.
It’s over, for you.
Chapter 1.06
Second part
Form
Never make derogatory or overly gratifying remarks to your negotiating counterpart.
Remember never, ever, ever humiliate the negotiating couterpart.
He may and will get retribution one day
Always think and build your answer or your next question when your coutrepart is talking
Listen and think at the same time
Your answer could be a question
Chapter 1.07
Method
Always think Bottom Line.
Always keep in mind that full control, knowledge, reactiveness, analysis, and good mathematics (without your pocket calculator) :
2 plus 2 is always 4, neither three nor 54 times 2 is 88 by eight is 64And € 10,000.00 divided by 112 is ?
are key to becoming proficient & smart at negotiating to becoming proficient & smart at negotiating
Always start from economics or economic impact subjects that are difficult
Never Stall.
It is a sign of weakness or incompetence or ignorance or, worst-case scenario, being identified as a P.o.S. or a S.o.B.
Always finish one point of negotiation before moving to the next one
It may block a negotiation but it will show your committment
You will then be viewed as a credible counterpart and interface.
Summa
Always remember the tecniques, the nuances, the skills of your negotiating countepart.
If you do not succeed 100 % , if you have played by the rules, you may/will/could have a second, third opportunit & chanche to better your performance, output and result and show your true colours.
Good luck and good work
IntermissionHome work
Rehears all that was done today and prepare yourself for the first ½ hour of Q/A during lesson TWO
Got it ?
Read Chapter ONE and TWO of the book.
Better if all (It will take you one day)
By-by to the next lesson
Lesson of day TWO
Let’s get down to business
Negotiating an agreement without giving in (*)
Parts of this presentation are an adaptation or simple lifting of parts from the book, others are
copies from the Internet
(*) subtitle to the book GETTING TO YES.
QUESTION of the DAY
How do we negotiate on an everyday everyday basisbasis?
In which environment, with whom, what do we negotiate for, when and,
above all, why ?
This is your standard network of contacts, websites, etc…
that you have on you dashboard. Are you going to use it at all times and with what
frequency?
This is your world of negotiable contacts. How many can you really exploit and
negotiate with ?
The evolution of a negotiated relationship on Facebook
form Total Network to « Real friends ? »non - clustering
The evolution of a negotiated relationship on Facebook
form Total Network to « Real friends ? »clustering
Original Network 179 contactscontacts on Facebook
high clustering
Contacts maintainedActively following the postings of smaller groups
lower clustering
Messages sent to even fewer people One way pings - One way communication
(ping-no-echo – no doppler effect)minimal clustering
Of those only some reciprocate.Are they « real friends » ?
Is there a mutual communication in place ?no clustering
Should we further NEGOTIATE ?
Soft Negotiating Positioning
Partecipants are friendsThe goal is agreementConcessions are to be made to cultivate the relationshipGo soft on the people and the problemTust othersChange your position easilyMake offersDisclose your bottom lineAccept one-sided losses to reach agreementSearch for the single answer : the only they will acceptInsist on agreementTry to avoid a contest of willYield to preassure
Hard Negotiating Positioning
Partecipants are adversariesThe goal is victoryDemand concessions as a condition of the relationshipBe hard on the the problem and the people Distrust othersDig in to your positionMake threatsMislead as to your bottom lineDemand one-sided gains as the price of agreementSearch for the single answer : the only you will acceptInsist on your positionTry to win a contest of willApply preassure
The game of negotiation
It takes place at two levels :
On one level negotiation process addresses the substance
On another level the negotiation process focuses – implicitly – on the procedure for dealing with substance
The first level negotiation process addresses the substance which may concern your salary, the terms of a lease, a price to be paid.
The second level negotiation focuses on the procedure for dealing with substance and concerns how you will negotiate the substantive question :
either
by soft positional bargaining
or
by hard positional bargaining or by some other method
This second level negotiation is a game about a game - a meta game.
Each move you make within a negotiation is not only a move that deals with rent, salary, or other substantive questions; it also helps structure the rules of the game you are playing.
Your move may serve to keep the negotiation within an ongoing mode, or it may constitute a game-changing move
Chapter 2.01
Definining a straightforward method of negotiation that you will be able to use in most circumstances
2.01.01Separate the People from the problem
Emotions become entangled with the objective merits of the problem
Taking positions makes this worse because people’s ego become idendified with their ego and their positions.
You must be working side by side with your opposte and allies, attacking the problem, not the other , not beign part of the problem, but the solution.
2.01.02Focus on interest not position
Overcome the drawback of focusing on people’s statedpositions when the objective of a negotitation is to satisfytheir underlying intersts
A negotiating position often obscures what you really want
Compromising between positions is not likely to produce
an agreement which effectivley takes care of human needs
that leads people to adopt those positions
2.01.03Invent options for mutual gains before
trying to reach agreement
It is difficult to design optimal solutions when under preassure.
Trying to decide in the presence of an opposite narrows you scope and vision
Having a lot at stake narrows you vision.
Searching for the one right solution will also narrow your vision
2.01.04
Result must be based on some objective standard
by using objective critera
Any negotiator may be able to reach a favourable result simply by being hard headed
This modus operandi tends to prize intransigence and will produce arbitrry results.
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
All this in a
No gloves offatmosphereSmileTought barganing if so requiredGive and takeRespect of the well prepared oppositeNever giving and always giving in
What is negotiable and what is not
negotiable
Rule of thumb
20 percent that produces the 80 percent of all is non negotiable
The 80 percent which produces the 20 if fully negotiable
The tecniqueof pre-negotiting the negotiable
A small trick you should know before entering the heat of the meetingheat of the meeting
60 percent of the total subject of the negotiating agenda & session can be addressed & negotiated before the face-to-face meeting and got out of your way
You can then focus the heart of the matter tough-nut-to-carck 20 percent that is not negotiable which is part the remaining 40 percent, half of which is negotiable in order to give you leeway during the session
If you are so clever to get 60 percent of the remaining 40 percent negotiated without any damage to your side and acceptable by your “opposites” , then
Bingo!!!!!!!!!!!!!!!!!! you got it! The negotiation was a success. No blood spilled!!!!!!
How do you set up a communication & negotiating strategy in order to be sure that the 60 percent of all
issues on the table out of the way, deal done before the meeting takes place ?
By working with means, tools, etc available to you or your company or both such as :
Lotus Notes, Access, Excel Work-sheets and Word Papers E-mails, Voice Mails, Voice Conferences, Video Conferences, Instant Messaging Conferences Web Presentation & Application Sharing Conferences Presence information [Status, Media availability, (IM & Data, Audio, Video)]
Possibly in a combined Collaborative System
Get the easy part out of the way and prepare a check list.
NEVER EXPECT , ALWAYS INSPECT & VERIFY