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Getting to Yes Negotiating Agreement Without Giving In (Chapters 5-7). Group #5 Colleen Doyle Shayna Pearson Jonathan Sell Jerry Smith. Four points for principled negotiations. People : separate the people from the problem Interests : focus on interests, not positions

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getting to yes negotiating agreement without giving in chapters 5 7

Getting to YesNegotiating Agreement Without Giving In(Chapters 5-7)

Group #5

Colleen Doyle

Shayna Pearson

Jonathan Sell

Jerry Smith

four points for principled negotiations
Four points for principled negotiations
  • People: separate the people from the problem
  • Interests: focus on interests, not positions
  • Options: generate a variety of possibilities before deciding what to do
  • Criteria: insists that the results be based on some objective standard
  • Insist on using objective criteria.
  • What if they are more powerful?
  • What if they won’t play?
  • Recommendations
using the basis of will
Using the Basis of Will
  • Positional bargaining
    • Focuses on what parties are willing or unwilling to accept
  • Very costly
  • Inefficient and time consuming
  • Can create animosity between parties
  • Results in a winner and a loser
  • Example: ego becomes identified with position so it must be defended
using objective criteria
Using Objective Criteria
  • All parties need to be on the same page
  • Principled negotiation
    • Use standard terms, precedence
    • More efficient – less time wasted
  • Parties can defer to a fair solution without giving in
  • Example: contracting to have a house built and using agreed-to safety standards
developing objective criteria
Developing Objective Criteria
  • Prepare in advance
    • Develop alternative standards beforehand
    • Think through their application to your case
  • Fair standards
    • Independent of each side’s will
      • ideally also legitimate and practical
    • Apply to both sides
      • test of reciprocal application
developing objective criteria1
Developing Objective Criteria
  • Fair Procedures
    • “One cuts and the other chooses”
      • Cake dividing example
    • Parties negotiate fair agreement before determining their role
      • Divorce negotiation: before custody decided, both parties decide visitation rights of other parent
    • Other
      • Taking turns
        • Dividing heirlooms
      • Letting someone else decide
        • Mediation, arbitration (last best offer arbitration)
objective criteria in negotiation
Objective Criteria in Negotiation
  • Frame each issue as a mutual search for objective criteria.
    • “You want a high price, I want a low price. Lets figure out what a fair price would be.”
  • Be reasonable and open to reason concerning use and application of standards.
    • Don’t be biased towards the standards that you advance, others can have legitimate obj. criteria.
  • Never bend to pressure, only to principle.
    • Bribes, threats, manipulative appeals to trust, or simple refusal to budge.
protecting yourself
Protecting Yourself
  • The cost of using a bottom line
    • Bottom line = Resistance point (ex: the maximum price you are willing to pay); it is a position that is not to be changed
    • Bottom line makes it easier to resist pressure
    • Limits ability to benefit from what you learn during negotiation
    • Inhibits imagination and reduces incentive to invent a tailor-made solution
    • Almost certain to be too rigid
    • Likely to be set too high or too low
    • Adopting a bottom line may protect you from accepting a very bad agreement but it may keep both parties from inventing and agreeing to a solution that would be wise to accept.
protecting yourself1
Protecting Yourself
  • Know your BATNA
    • Standard against which any proposed agreement should be measured
    • Flexible enough to permit the exploration of imaginative solutions
  • The insecurity of an unknown BATNA
    • Makes you overly pessimistic about what would happen if the negotiation broke off
    • Having at least a tentative answer to what you would do if no agreement is reached is essential to conducting negotiations wisely.
  • Formulate a trip wire
    • Identify one far from perfect agreement that is better than your BATNA
    • Can limit authority of an agent
    • Should provide some margin in reserve
  • Always keep your BATNA in mind
  • Be careful about disclosing your BATNA
making the most of your assets
Making the Most of Your Assets
  • The better BATNA, the more powerful you are
    • Relative negotiating power of 2 parties depends on how attractive the option of not reaching an agreement is to each party
  • Develop your BATNA
      • Invent a list of actions to take if no agreement is reached
      • Improve some more promising ideas and convert to practical alternatives
      • Tentatively select the alternative that seems best
      • The better the BATNA, the greater the ability to improve terms of any negotiated agreement
  • Consider the other side’s BATNA
    • The more you can learn about their alternatives the better prepared you are for negotiation
    • Consider what you can do to change their BATNA
    • If attractive BATNA for both sides, best option may be to not reach an agreement
when the other side is stronger
When the Other Side is Stronger
  • Don’t turn a negotiation into a gun fight
  • Negotiate on merits
    • Having a good BATNA can help to negotiate on merits
  • The more easily and happily you can walk away from a negotiation, the greater your capacity to affect its outcome
  • Developing your BATNA is perhaps the most effective course of action you can take in dealing with a seemingly more powerful negotiator
getting them to play
Getting Them to Play
  • What if they won’t negotiate?
    • Other party might focus on “bargaining” and not negotiating
  • Three basic approaches
    • First, focus on what you can do
      • Principled negotiation, concentrate on the issues
    • Then, focus on what they may do
      • Redirect attacks and use Negotiation Jujitsu
    • Third, focus on what a third-party can do
      • Third party focuses on interests, options, and criteria for both parties involved.
      • Example
  • What if they still won’t negotiate?
negotiation jujitsu
Negotiation Jujitsu
  • Resort to Negotiation Jujitsu
    • Four methods to using Negotiation Jujitsu
  • Typical attack might include:
    • Asserting their own position
    • Attacking your ideas
    • Attacking you
negotiation jujitsu1
Negotiation Jujitsu
  • Don’t attack their position, look behind it
    • Neither reject nor accept their position
    • Example
  • Don’t defend your ideas, invite criticism and advice
    • Ask for their opinions and make them feel as though you care
    • Example
negotiation jujitsu2
Negotiation Jujitsu
  • Recast an attack on you as an attack on the problem
    • Accept criticism and ask for more feedback
  • Ask questions and pause
    • Questions and silences can be used to draw the other party out
  • Refocus the “bargaining” on problem solving, and try to bring the other party into this approach.
money phrases
Money Phrases
  • 3 important money phrases
    • Trust is a separate issue
    • Let me get back to you…
    • One fair solution might be…
  • Insist on using objective criteria.
  • Develop your BATNA.
  • Use negotiation techniques such as jujitsu.