Negotiations in Times of Crises The Wharton School Challenges in Strategic Negotiations August 2011. Gilead Sher. The Art and Practice of Negotiations. Some practical advices…. Relate to needs, rather than positions Never accept the first offer
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Some practical advices…
Phase IPreparations, Diplomacy, Staff Work
Phase IVThe Negotiation – Team Work
The right parties?
The right issues?
The right sequence?
The right table?
And then: 1. tactics (AT the table)
2. deal design (creative agreement on the surface and below it) 3. set up (extends to actions AWAY from table, to create most promising situation)
Key negotiation issues:
Have the parties explicitly understood their own interests? Do the parties understand each other priorities and constraints?
Are sufficient options being generated?Is the process of inventing separated from the process of making commitments?
Have relevant precedents and other outside standards of fairness been considered? Can Principles be found that are persuasive to the other side? To us?
What is the ability of the parties to work together?Is there a working relationship between their negotiators? Are the parties paying attention to the kind of relationship they want in the future?
Is the way the parties communicate helping or interfering with their ability to deal constructively with the conflict? Are mechanisms in place to confirm that what is understood is in fact what was intended?
Are potential commitments well-crafted? Does each party know what it would like the other party to agree on? If the other side said yes, is it clear who would do what tomorrow morning?
Does each side understand its Best Alternative to Negotiated Agreement – its BATNA? Are the negative consequences of not settling being used to bring the parties together?
Verint March 2010 Strategic Negotiations