Section D
Negotiation

“Trades would not take place unless it were advantageous to the parties concerned, of course it is better to strike as good a bargain as one's bargaining position permits. The worst outcome is when, by over reaching greed, no bargain is struck, and a trade that could have been advantageous to both parties does not come off at all.”

Benjamin Franklin.

This section is really only ‘a starter for ten.’ Read the books referenced in the section.

We all negotiate, and all negotiators use the same skills. Negotiation is about resolving differences between people whether it is to get a salary increase, obtain additional resources, buy materials, or finalize a contract for a project. Nevertheless, many or most people are afraid to negotiate, or it is discouraged by company procedures. However, we don't practice it enough. In any situation, the parties have a different point of view, and there is a natural tendency to take a particular position and argue for it, make concessions, and settle for a compromise. However, arguments cannot be negotiated; only proposals can. Giving in, in stages, isn't negotiating.

All good negotiations have a structure and the following eight‐step approach to negotiating has been extracted from the Rank training video ‘The Art of Negotiating’. A few additions from the book Getting to Yes 12 have been included. The video was based on the book Managing Negotiations – How to Get a Better Deal 13 This book was the first to put negotiating into a structured process, and in the video, this is condensed into four phases as follows:

Phase 1 Prepare
Phase 2 Discuss Signal
Phase 3 Propose Package
Phase 4 Bargain Close Agree

1 Preparation for Negotiation

  1. Objectives:
    1. Have different priorities. Identify your LIM: like to have, intend to have and must have.
    2. Identify what is to be achieved.
    3. Any additional items or services required or to be provided.
    4. Any factors dependant on the circumstances.
  2. Information:
    1. Identify what is negotiable – in fact anything and everything.
    2. Gather the facts.
    3. Identify strong points and weaknesses.
    4. Get to know about the other party – the company and people.
    5. Separate the people from the problem.
  3. Team Roles:
    1. Decide on the team leader and team roles and allocate tasks.
    2. The lead negotiator, who indicates when others may speak, may not be the team leader but will summarize what they have understood.
    3. The listener and analyser of what the other party are proposing.
    4. The observer of the other people's reactions, body language, and eye blink rate.
    5. A note taker.
    6. A specialist may be required in technical negotiations. They need careful briefing; they have a tendency to give things away!
  4. Strategy
    1. Should be simple and flexible.
    2. Assess how the other party will view the problem.
    3. Prepare a list of points to be discussed in a logical sequence.
    4. Provide an agenda to the other party.
    5. Identify concessions you might make and what you will require in return.
    6. Aim for a ‘win‐win’ situation.
    7. Identify your fall‐back position. Know your BATNA – your best alternative to a negotiated agreement.
    8. Resolve technical issues first.
    9. Consider ‘home’, ‘away’, or ‘neutral’ location.
    10. Be clear about your limits of authority. Remember you do have authority to make recommendations.
    11. Are there any security considerations?
    12. Rehearse!

2 Discuss Interests

  1. Listen don't assume – test assumptions.
  2. Exchange information – ask questions.
  3. Focus on and explore interests – identify resistance and inhibitions.

3 Signal

  1. Open realistically.
  2. Listen and watch for signals. Have they signalled? Have you?
  3. Recognise and confirm messages.
  4. Develop ideas.
  5. Avoid irritations and displays of emotion.

3.1

It can be useful to have a break, a ‘time out’, in preparation for 4.

4 Propose for Movement

  1. Negotiating is about mutual movement Proposals advance negotiations.
  2. Use ‘What if’, ‘could consider’, and ‘maybe’.
  3. Try to satisfy the other party's needs.
  4. What is it worth to the other person? Beware of assumptions.
  5. Try and enlarge the ‘pie’. Invent options for mutual gain.
  6. Listen, don't interrupt, question, clarify, summarize, and respond with a counter proposal.

4.1

An alternative ‘time out’ in preparation for step 5.

5 Package

  1. Express the proposal in a different form, which addresses the interests and inhibitions of the other party.
  2. Insist on objective criteria that are independent and practical.
  3. Use If … Then … statements. If you hear these words, you may be dealing with trained negotiators.

6 Bargain

  1. Identify conditions before making offers.
  2. Do not give concessions without getting something in return. Always get something in exchange.
  3. Give the other party what it wants/values, if it is cheap to you; in exchange for something valuable to you.
  4. Aim for a ‘win‐win’ situation.
  5. Silence and time‐outs can be effective ploys.

7 Close the Deal

  1. Close realistically,
  2. ‘If you do that … then…. we have a deal.’
  3. The final concession traded for an agreement.
  4. If you propose doing business again with the same people or organization, it is important to consider how the final agreement will affect relationships.

8 Agree the Deal

  1. Agree what has been agreed. Both parties should feel happy with the agreement.
  2. Summarize and record the agreement.
  3. Agree on an action plan and implementation process.

9 Techniques and Tricks

9.1

Even if you would not dream of using tricks, it is important that you recognize them when used by others.

  1. Use probing questions to discover the other party's weak points. Keep the questions short: how and why? Would you explain your cost build up?
  2. Ask/find out where they have travelled from. This gives some indication of how much they want the order.
  3. Impose time pressure by offering (right at the start) to confirm their return air‐flights.
  4. Give the impression that you have a strong position by indicating that the negotiation must be completed by a certain time.
  5. Use pressure: advantages of rank, name dropping, or overt signals of exasperation.
  6. Say as little as possible forcing the other party to do the talking and refuse to be drawn.
  7. Make out that you didn't understand a point, thus forcing the other party to clarify their point and perhaps provide additional information.
  8. Keep people waiting. Delay progress until the timing is more favourable.
  9. Flattery can be effective. Ask for their opinion or advice about something.
  10. Deliberately over or understate some point in order to provoke a disclosure of the other side's point of view.
  11. Make a credible low offer and imply that you don't see the need to move from the position.
  12. Act as an agent working within limits and then say, “I'm sorry, but that is as far as I can go.”
  13. Hard/soft approach – one person is deliberately difficult and when they leave the room, the second team member emphasizes how reasonable they are.
  14. Pre‐arrange an interruption in case matters go badly. You can then withdraw and work out a new approach.

9.2

If you are under pressure, absorb it by taking notes.

9.3

Keep all unsettled issues linked, and keep them until the end.

9.4

Nothing is agreed until everything is agreed.

9.5

The nibble: having virtually agreed the deal, you suddenly say: “Oh, I forgot. Can we …?” You then increase the price slightly or ask for something extra. It may not win you friends, but it works.

9.6

Time out: During the time out, leave one of the team members behind in the room to chat (socially) to the other team whilst you rethink your strategy.

Notes

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