How to negotiate anything

Seven rules for getting what you want on your own terms.

(MONEY Magazine) - Any time you possess something that someone else wants, or vice versa, you have a golden opportunity.

Click here to read.

[from money.cnn.com]

Negotiation analysis

Negotiation analysis

Seven Steps to Successful Negotiation

****Philosophy of successful negotiation: In negotiating
assertively, each person should feel that she/he wins.
Each person should get some of what he/she wants.

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[from selfgrowth.com]

BASIC NEGOTIATION PROCESS

The link will take you to a PDF that shows you a flow chart for a basic negotiation process.

Click here for the link.

Fundamentals of International Negotiation

A very detailed read about how to deal with other cultures when dealing in negotiation.

Click here to go to the PDF.

3 Negotiation Tips From The Master

The Most Common Negotiating Mistakes — and How to Avoid Them

By Joanna L. Krotz | Business on Main

 

Good dealmakers reach agreements, not compromises. Learn from experts who’ve led tough negotiations from business sales to hostage crises.

 

Click here to read.

 

[from businessonmain.msn.com]

 

 

 

Why, Then, Do Some Negotiations Fail

There are eight common reasons:

• The "fixed pie" mentality
• Buyer's remorse
• Asking for too much at the beginning
• Winning can be self-defeating
• Starting negotiations with the "chip on the shoulder" syndrome
• Lack of preparation
• Letting your client push the spouse into a corner
• Lack of tolerance for risk and uncertainty

Click here to read them in detail.

[from halverson-law.com]

The Unethical Side of Negotiation

It's unlikely you lived thus far without being 'taken for a ride', or duped by someone. Few people have gone through life without telling a lie, even if it's only one of those little 'white lies', which many people accept as being socially acceptable. In the business world, there are those who readily take a Machiavellian approach of 'The end justifies the means.' Likewise, there are those individuals who relish describing the world of business as, 'the concrete jungle', or 'It's a dog eats dog world out there.' Such euphemisms truly challenge the notion of a civilized society, don't they?

Click here to read the full article.

[from negotiations.com]

Negotiating With Difficult People Without Giving In

Negotiation is a task that Program Managers and Project Managers have to perform often with a project team member, a stakeholder or a sponsor. Listed in this post are several general principles of effective communication that can help you to quickly find a compromise and preserve, if not improve, your relationship with that person.
The theory behind the guidelines listed below is to show the other person you fully understand their position, their opinion is valued and it will inform your response. Your approach to communication when negotiating an important decision must demonstrate sincere interest in, and respect for, the input of others.

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[from pmsnack.com]

Negotiating to win

From the most mundane transaction to strategic high-level boardroom dealings, knowing how to negotiate is integral to success and survival.

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[from knowledge.instead.edu]

Visual Communication in International Negotiations

Visuals for a negotiation?

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Negotiation Slides

Negotiation PPT Content

More PowerPoint presentations from Andrew Schwartz

My eight best negotiation tips

Negotiation is a part of life we all have to deal with. Being able to do so successfully can make a big difference to our outcomes. Here are eight tips that have helped me.

Click here to read.

[from paulstips.com]

Negotiation Do’s and Don’ts From The Master Negotiators

Here are ten things that you should do and try not to do during a negotiation.

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Change Happens, Deal With It During A Negotiation

Change Happens, Deal With It During A Negotiation
By Dr. Jim Anderson
Have you ever given any thought to just exactly what happens after you've used your negotiation styles and negotiating techniques to negotiate the other side of the table down to the lowest price possible? I mean sure, you walk away from the negotiating table with a sense of accomplishment, but what happens next?
The Power Of Changes
It's human nature to assume that when something's negotiated, then we won't have to ever worry about it again. It turns out that when it comes to the negotiation process, this is not the case.
Every concession that you got from the other side of the table can be undone when it comes time to make changes to the agreement. In fact, the realization that there will be changes and that they will need to be negotiated may have been the reason that the other side agreed to the original concession - they knew that they could get back what they were giving up.
As a negotiator, what you need to realize is that when it comes to changes, the balance of power in the negotiations will shift to the seller because the buyer has already selected the seller - now the seller is able to hold performing changes hostage.
How To Defend Against Change Creep
One of the reasons that a seller has so much power when it comes to negotiating changes to an existing agreement is because all too often the buyer doesn't exactly know what they want changed. Studies have shown that the more unclear the buyer is, the more they are going to end up paying to have changes made.
In order to prevent yourself from getting trapped by the other side when it comes to making changes to an existing agreement, there are a number of steps that you can take. The first is to spend the time during the negotiation of the original agreement and include in that agreement prices for work that you don't want done but which you might change your mind and request later on.
Include the possible changes in the competitive bidding process. No, you're not planning on paying for them right now, but you want that to be a consideration when you award the contract.
Finally, realize that the other side will be trying to raise their prices for every change that is discussed with them. Don't let them get away with this. Negotiate hard on the price for every change that you discuss with them.
What All Of This Means For You
It can be all too easy as a negotiator to think that once a deal has been created that all of the work is done. It turns out that in the negotiation definition that we all have to live by, sometimes this means that the work is just starting - negotiating the cost of each change.
Negotiators need to be aware that sometimes even if you are trying to conduct a principled negotiation, the other side of the table will use change requests to win back items that have been negotiated away. Once you are aware of this, it's going to be up to you to create a plan to resist the other side's attempt to win the war by winning the battles that occur after the big negotiation is done.
Being aware of the other side's plans is half of the battle. Understand that just because you won the negotiation doesn't mean that you can't lose the battle to manage changes to the deal.
Dr. Jim Anderson
http://www.blueelephantconsulting.com/
Your Source For Real World Negotiating Skills™
Dr. Jim Anderson has spent over 20 successful years negotiating sales of all sizes. Dr. Anderson offers you his insights on how to develop your negotiating skills so that you can approach sales negotiations with more confidence that you'll be able close more deals and close them faster!
Oh, and if you want to follow Dr. Anderson on Twitter, he can be found at: http://twitter.com/drjimanderson
Article Source: http://EzineArticles.com/?expert=Dr._Jim_Anderson
http://EzineArticles.com/?Change-Happens,-Deal-With-It-During-A-Negotiation&id=7201845

International Online Training Program On Intractable Conflict

Conflict Research Consortium, University of Colorado, USA

Good Timing--Identifying "Ripe" Times for Negotiations

The timing of negotiations is often critical to their success. Conflict scholars and negotiators often use the concept of "ripeness," comparing negotiation to fruit. If a fruit is picked too early, it will not be ready for eating; however, if it is picked to late, it will be inedible as well. Negotiation works the same way. Conflicts must develop to a point before negotiation is possible, yet, if that "ripe moment" is missed, the conflict may not be open for negotiation again for quite a while.

Click here to continue.  Also provides additional content.

[from colorado.edu]

The Structuralist Dilemma in Negotiation

The Structuralist Dilemma in Negotiation

by

William Zartman

An interesting read.  Click here to read.

Positional Bargaining

Positional bargaining is a negotiation strategy that involves holding on to a fixed idea, or position, of what you want and arguing for it and it alone, regardless of any underlying interests.

Click here to read the rest.

[from www.beyondintractability.org]

Have You Been Cornered In A Negotiation: What to Do?

Have You Been Cornered In A Negotiation: What to Do?
By Jappreet S
Negotiation is a bit like See- Saw, it assumes that a point of balance will be found even though the participants may start at the opposite ends of the scale. Both the parties will settle for something which they relate to be a good deal. The concept of range and possibilities is very important, the balance may not be at the center, and ranges of solutions are possible around the midpoint.
In the process of finding this balance sometimes the other party may corner you and you may feel cornered, the traditional approaches may not work and you can rapidly lose ground. Follow these simple tips in case you get stuck in a negotiation.
Right to Keep Quiet

• Silence is golden, often saying nothing is more powerful than anything you may want to say. Silence can be very unnerving for the other party and they may begin to speak to fill the vacuum created by silence. This may lead them to disclose more than they may have given out at the first stage during negotiation.

Keep on Listening

• Make sure you are intensely listening and practice the art of summarizing and clarifying as they speak, make sure that you give them signal that you are listening intensely and encourage them to continue. Nodding your head or use of words like - I see, Hmmm can be useful in negotiations.
  • Ask clarifying questions - what did you mean by that?
  • Probes - "Why did you say this?
  • Motives - What led you to that position?
  • Don't negotiate assumptions - negotiate facts

Reduce your pace of speech

• At time we speak at approximately 120 + words a minute and lord almighty has bestowed us with the ability to listen to 240+ words a minute. So there is no need to panic and rush, there is enough time. Use tone modulation and depth of voice to convey honesty and seriousness. In your speech build in pauses so that you can watch the impact your words are having on the other party during negotiations.

Reserve your firepower and trump card

• You should not offer more concessions if you have been cornered, every concession you give needs to be reciprocated. Encourage the other side to spell their needs and delink it from the positions they are taking to defend it. You should also spell your needs and then barter them with each other in the end. Offering too many concessions in the starting may reduce value creation in negotiation.

Keep your cool
Sometime the other party may use emotional barrage to derail the negotiation process. Let the other side blow off steam and vent frustration, don't react. Return to main issue or take break in case it gets very acrimonious. Don't walk into the trap of derailment.
Whatever be the situation never assume that you have lost it completely. Stand up for your rights. These situations teach you the most in life; this is where you really have to negotiate! In negotiations caring deeply may not cut ice, only effective preparation and focused attention make the difference.
Jappreet Sethi
Visit the http://www.humanresourcesblog.in/ for more insights and articles on human resources development.
Article Source: http://EzineArticles.com/?expert=Jappreet_S
http://EzineArticles.com/?Have-You-Been-Cornered-In-A-Negotiation:-What-to-Do?&id=7020388

The Art of Negotiation in 535 words

The Art of Negotiation in 535 words
By Lyndsay Swinton
I want to get better at negotiation, but where to start? UK Amazon currently has 2332 books on negotiation. Google indexed nearly 4 million relevant (yeah right) pages. All I need is a simple, straightforward model that I can put to use now.
Phased by the glut of information, I went within and remembered the wise teachings from a senior manager in my early working life. So, come closer, listen up, because he was very wise indeed...
He said "Do you know your LIMits?"
"My what? said I cautiously, wondering if he was asking about my drinking capacity, driving speed or something equally off the wall.
Being worldlier than I, he noticed my confusion and helped me out.
"Lyndsay, if you want to be successful in life, you need to know your LIMits. Let me explain. What would you Like to have? What do you Intend to have? What Must you have? What are your LIMit's?"
Slowly it dawned on me that he was talking the strange management language of mnemonics.
He wrote down the word for me like this.
L
I
M
I
T
S
And next to the letters he wrote
L - like to have: your number 1, top of the pile, best outcome
I - intend to have: your realistic, shoot for the stars but reach the moon outcome
M - must have: your bottom line. Deal is off if this is not met.
(The I,T and S are irrelevant, just convenient additions to prevent asking what your LIM are!)
Testing the Theory
And so ended his lesson. Off I scampered like the eager young graduate I was, itching to put this into practice. Thinking about a possible secondment opportunity I wrote the following:
Like - 10% bonus, new laptop, mentoring with new senior manager
Intend - 5% bonus, attendance at special course, return to new job after secondment
Must - same pay, relocation expenses paid, credit in my appraisal
The final deal I struck landed somewhere between Like and Intend, with a few perks I had not even considered, so I felt it was a success.
Why Negotiation Works
There are a couple of reasons why simple models are useful but often forgotten.
The LIMits negotiation model encourages flexible thinking in that there are 3 potential good outcomes. Compare this with the most common alternative - success or failure - and you can see there is only 1 measly good outcome. You don't have to be a gambling pro to work out which approach is best! The secret of the LIMits model is if you don't meet all the criteria for success, then the opposite is not failure, just a different outcome.
The other benefit of using the LIMits negotiation model is it forces you to prepare, gaining you vital spare capacity when you are in the thick of the negotiation. You will be clear about your position and better able to get that across.
Information overload
As I demonstrated, simple models are forgotten because we seek out newer, shinier ideas in books, the internet or from other sources. Reduce information overload by re-using what you already know or recycling an old idea into one that works today. Old knowledge is not always redundant.
So, negotiate that new job, better deal or contract. All you need is to know your LIMits.
Lyndsay Swinton is an experienced team leader, people manager and business coach. Her website is www.mftrou.com - 'Management for the rest of us'. Subscribe to her free no-nonsense Management Tips newsletter at mftrou.com today.
Article Source: http://EzineArticles.com/?expert=Lyndsay_Swinton
http://EzineArticles.com/?The-Art-of-Negotiation-in-535-words&id=967

Good brain, bad brain? Bring it all to the negotiation table

We are hearing much lately about the wise parts of the brain as well as the unruly. Truth be told this division into camps in the cranium is simplistic. David Brooks described part of the simplistic approach in his New York Times column "The Vulcan Utopia" (subscription required) in which he reviews Al Gore's book The Assault on Reason. Brooks wrote . . .

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Don't Negotiate Against Yourself

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Seven Habits of Highly Effective Negotiators

By Jeanette Nyden (http://www.jnyden.com)

 

1.  Preparation

2.  Nonjudgmental questions

3.  Control Ego

4.  Honesty

5.  Know Your Interests

6.  Be Willing To Make First Offer

7.  Honor Agreements

 

To read each in detail click here.

 

[from candogo.com]

 

 

Use Your Negotiation Style - Don't Let It Use You

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How to negotiate better than 99% of people

Here is a site that gives a lot of insight into negotiation. 

The name of the site is I will teach you to be rich.com (without the spaces between the words).

Click here to go to the site.

Negotiation Strategy: Planning Is Critical

By Cathy Cronin-Harris

Click here to read the article.

The eight-stage negotiation process

The eight-stage negotiation process

This framework includes the following:

1)  Prepare
2)  Open
3)  Argue
4)  Explore
5)  Signal
6)  Package
7)  Close
8)  Sustain

To read about the eight-stage negotiation process in detail click here.

[from changingminds.org]

STRATEGIC NEGOTIATIONS

Decision making-and the strategic leadership of decision making teams-is a process which moves an individual or a group toward common goals. However, people are not alike in their values and beliefs; there are huge differences among people within a single organization, and even greater differences between people in different organizations.

Strategic leaders must know how to operate across such boundaries that mark differences in expectations and perspectives, and competing values and goals. It is one thing to influence a group essentially in agreement; it is quite a different thing to influence a group with goals in conflict with those you want to pursue.

This sounds formidable, but we do it all the time. We call it negotiation.

Click here to read the rest.

[from National Defense University]

Don't Choose Lose-Lose

Be Assertive

How to Be Assertive

from wikiHow - The How to Manual That You Can Edit
To be assertive isn't to say you are mean or rude. It doesn't make you pushy or annoying. It just means that you say the truth and get things done. This can be accomplished with simple steps.

Steps

1. Work on your appearance. - How you look tells a lot about you.
   • If you're wearing clothes that look like you've just got out of bed, or if you wear a pound of make-up with fluffy high-heels, people won't take you seriously.
   • If you look like you're ready to get things done, people will know what to expect from you. A good motto is "Dress for Success." This will allow people to respect you more.
2. Have a confident demeanor. You give away a lot before you even open your mouth.
   • Try not to be easy to read, even if you are nervous or uncertain.
   • Keep your shoulders squared and your chin up. Even if you are confused, you can be confident. There's no shame in asking questions.
   • Try to look people in the eye. This can be hard for people who are naturally nervous or timid, but it shows people that you don't intend to be brushed off.
3. Use a clear, calm voice. You don't need to be loud, but you do need to make yourself heard. If people aren't noticing you and you need service, say clearly "Excuse me." Also, whatever you are trying to say, try to be concise.
4. Be honest with yourself. Know what you want. People can tell if you already know what you want out of them, and it's much easier for them to do what you ask them if you can tell them clearly what that is. Whether you're speaking to an insurance agent or a waiter, their job is to serve you and you'll make their job about ten times easier if you know what you want.
5. Know when to hold 'em; know when to fold 'em. Like anything else in life, being assertive is about balance. If the waiter made a mistake and brought you something you're allergic to, speak up--and keep at it until the problem is corrected. But if a cashier growls at you, it's not your job to educate them on manners and customer service, so let it go. It's important to get what you deserve in life, but it's just as important to understand what it is that you deserve in the first place! Choose your battles.
6. Don't misdirect your frustration. If the airline counter agent tells you you must pay extra for your heavy bag, don't get angry at the agent! Your beef is with the airline's policy (and possibly your failure to read the fine print). Instead, treat the agent like an ally. If the policy was made available to you, apologize and ask for an exception. If you were never informed of the policy, say so, and ask for an exception. Either way, the agent herself did you no harm, so do not direct your frustration at her! She is not the aggressor; she's your potential ally. So treat her well and negotiate respectfully...then take the matter up with the airline's customer service agents.
7. Say what's on your mind. Don't be silent if you have something to say. Share your feelings freely, it's your right. Remember, there's nothing wrong in having an opinion. And if your silent affect others in any way, then it's your obligation, too!
8. Learn to say 'NO'. If you do not feel right doing something, then don't do it! No one has the right to make you do something you don't want. It's okay to reject someone. Remember, for yourself, the most important person is - you! If you don't respect your desires, how can you expect others to?

Video

Tips

• If you're about to engage in an important encounter, like asking for a raise or getting out of an unhealthy relationship, ask a friend to role-play with you. Practice what you are going to say, and have your friend give you feedback. If you aren't assertive enough, try it again. This works best if the friend knows the person with whom you're about to engage.
• Being assertive does not mean that you should be rude. People are more willing to help and bend for someone who is both direct and respectful
• If you're doing everything right and whoever you're talking to isn't getting you anywhere, ask to talk to their superior and be very insistent. Most of the time you'll see immediate results.
• Do not be afraid to ask questions. This way, in the future, the same person you are talking to will know, you know what you are talking about.
• Remember, if you cannot do all this at once, go slowly, bit by bit!
• Remember that even if you don't know everything, you can still be certain of what you expect.
• Don't be afraid to tell someone exactly what you think, but do so in a polite way. Speak your mind.
• If you have to deliver bad news, don't offer unnecessary details. If you explain every single reason for your decision, the other person can use those reasons as negotiation points. Your decision is firm, and this will come across most clearly if you are short and to the point.
• Avoid having to put your foot in your mouth! Ask for what you want, and be assertive--but choose your words so that you can walk away from the encounter with your dignity, no matter what the outcome.
• How willing are you to help someone who is yelling at you? Not very, right? Anger and belittlement are not only rude, they're completely ineffective. Do not resort to these tactics; they simply don't work.
• Remember the big picture. True assertiveness, as opposed to pushiness, allows you to come away from any situation respectably. Pushy people may win battles, but only assertive people win wars. (And only assertive people keep the respect of their peers after a conflict.)
• Here are some techniques that are used in assertive communication:
  • Broken record - consists of simply repeating your requests or your refusals every time you are met with resistance.
  • Fogging - consists of finding some limited truth to agree with in what an antagonist is saying. More specifically, one can agree 'in part' or agree 'in principle'.
  • Negative inquiry - consists of requesting further, more specific criticism.
  • Negative assertion - consists in agreement with criticism without letting up demand.
  • 'I'-statements - it is used to voice one's feelings and wishes from a personal position without expressing a judgment about the other person or blaming one's feelings on them.
• Practice on your friends and family. But tell them what you are doing first! Enlist their help; ask for feedback on how you're doing.
• In the beginning, don't try changing your behavior in loaded or difficult situations. Practice first in the least risky ones.
• Also don't let people get in your way or push you around.Stand up for yourself and people will respect you

Warnings

• While you can use these techniques on authority figures, such as police officers and military officers, know where to draw the line. Arguing too much on the spot can backfire, even if you have a good case.
• In confrontations especially, emotions can run high. Remember to be respectful and keep a cool head.
• The key to success in confrontations is to use an appropriate tone of voice and the correct words. Speak to someone like you would like to be spoken to!
• Try asking first; don't demand things right off the bat. Gather information and make the other person an ally. If that approach doesn't work, then you may put your foot down. Rule out miscommunications first--make sure the person actually slighted you, and knowingly, before you come out with guns blazing.
• Assertiveness is not always practiced in a balanced way, especially by those new to the process. Many people, when trying out assertive behaviour for the first time, find that they go too far and become aggressive. So if it's possible, in the beginning, become a part of an assertiveness or communication skills group

Related wikiHows

• How to Have Good Manners
• How to Be Proud, Not Cocky and Conceited
• How to Be Likable
• How to Be an Excellent Leader
• How to Be Assertive During a Job Search

Article provided by wikiHow, a wiki how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Be Assertive. All content on wikiHow can be shared under a Creative Commons license.

Contract Negotiation

How to Negotiate Contracts

from wikiHow - The How to Manual That You Can Edit
A contract is a legally binding agreement between 2 or more parties to uphold terms in a relationship as set forth by the contract. Contract negotiation involves the process of discussing and compromising on contract terms in order to reach the final, approved draft of a contract. Some contracts are non-negotiable, as is usually the case with leases and manufacturer warranties. However, there are contracts - like business, real estate and financial contracts - that may be negotiated in order to reach terms that are satisfactory to all parties involved. Follow these guidelines for how to negotiate contracts.

Steps

1. Identify your objectives for entering into the contract. Before you attempt negotiating a contract, you need to have a specific idea of what your desired outcome is. For example, if you want to lengthen the contract period, then you should know exactly how long you would like the contract period to be. Make both a list of things you will compromise on and a list of terms you are not willing to negotiate.
2. Research contract laws in your area. Because contracts are legally-binding documents, many contract terms are regulated by the government. For example, it is not legal for a landlord to contract a tenant to inhabitable living conditions. Before you go into contract negotiation, schedule a free consultation with an attorney who specializes in contract law, or search online for a legal advice site where you can verify that the terms of your contract are within legal parameters.
3. Prepare for the negotiation.
   • Get any facts, figures and documents you may need to back up your negotiation points.
   • Create a checklist of items that you want to address. When you negotiate a contract, it helps if both sides agree to this itinerary before the negotiation session begins.
   • Set a time frame within which to reach an agreement on terms. Create a plan for the possibility that both sides cannot agree on terms within this time frame. For example, you may agree to schedule a mediation after 2 failed contract negotiation meetings, or to withdraw the contract altogether.
4. Build trust with those you are negotiating with. This will help you reach an agreement faster, and with less resistance and time-consuming inquisition. To build trust, fully disclose all of the facts surrounding your contract negotiation requests, provide documentation of any facts or figures you use to support your requests, communicate openly about your interests and be receptive to the other party's counter-presentations.
5. Approach the negotiation with a positive attitude. This will promote cooperation and aid both party's openness to mutually beneficial solutions.

Tips

• In order to speed the contract negotiation along, and to have a record of exactly what terms you asked for during negotiations, you may want to create a rough draft of the contract, with the modifications that you are requesting, before you go into negotiations. This can help ease objections for people in the other party, as it also allows them to see what they would be signing off on, rather than just relying on their perception and interpretation of what you have to say.

Warnings

• When you negotiate a contract, avoid trying to cheat the other side out of a fair deal, or attempting to trick the other side into agreeing to your terms by giving them false, inadequate or misleading information, or by using scare tactics. This creates an atmosphere of mistrust, and is counter-productive to reaching a resolution.

Sources and Citations

• http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview-writing.html
• http://www.googobits.com/articles/p5-2667-how-to-successfully-write-and-negotiate-a-contract.html

Article provided by wikiHow, a wiki how-to manual. Please edit this article and find author credits at the original wikiHow article on How to Negotiate Contracts. All content on wikiHow can be shared under a Creative Commons license.

The Blackmailer's Paradox

A story straight out of game theory.  What would you do in this situation?

Click here to read the interesting story.

Includes analysis of the story.

Negotiators enter a negotiation with the hopes of a successful outcome.  However, there may be many pitfalls and disputes that can jeopardize the negotiation.

Being aware of how to resolve disputes can greatly increase the chances of getting over these rough spots.

This article looks at five ways that negotiators deal with conflict disputes.

Negotiation Styles in Mediation

In mediating conflicts, it helps to understand the five styles of dispute resolution most often used by negotiators. Often, the various styles need a mediator to buffer the interactions and turn a toxic negotiating atmosphere into a successful mediation.

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[from www.adrr.com]

7 Steps To The Killer Negotiation

Killer Series: 7 Steps to the Killer Negotiation

I have seen it explained in many ways and watched it happen on different turfs and more often than not, the posture and position is always the same. People mistakenly enter a negotiation thinking that someone has to win and someone has to lose.

I know that the dictionary’s definition of negotiation states that negotiation is a compromise, a concession, a series of give and take or finding the middle ground. Personally, I think that the dictionary is limited on this subject and is quite shortsighted. There’s more to a negotiation than mediocrity which is where you end up when you seek the middle ground. The middle ground is short-lived because people on one side or both sides harbor resentment for not having achieved what they set out to.

In my view, there is definitely a higher purpose in negotiation and that is to achieve a win/win. A negotiation then, by the Dean L. Forbes definition, is a synergy of two ideas, the beginning of a fruitful and long-lasting relationship; it is a series of give-and-give where the ends meet the desires of both sides.

Many people will say that this view is terribly optimistic and therefore unrealistic BUT I beg to differ because I have had the experience of both and I do know that win/win is always better than win/lose and that win/win is almost always achievable. And, even when win/win is not achievable, there is still a far better option than win/lose.

Following are the 7 Steps to the Killer Negotiation. Study them and put them into practice; I guarantee that once you do you will discover how easy it is to consistently achieve the results you desire. You will see immediate and profoundly positive results in your negotiation skills and your personal growth.

Click here to read the rest.

[from www.deanlforbes.com]

More Negotiation Tips

NEGOTIATION TIPS

• Don´t be afraid to ask.
• Never negotiate against yourself
• Prepare
• Know your bottom line

1. Don’t be afraid to ask. Negotiators often fail to raise an issue because they don’t think they have a chance of success. Don’t be afraid. Not only do good negotiators ask for everything they want, they also make sure they don’t end up with something they don’t want. Be explicit about what you do and don’t want.
2. Never negotiate against yourself. Once you make an offer, wait for a response before making another offer. By waiting, you avoid the possibility of rejecting your own offer and making further concessions in a revised offer. If you don’t wait, it encourages the other side to hold off its response in hopes of getting a better offer, and you lose the opportunity to learn from the other side’s response.
3. Get it in writing. As Samuel Goldwyn once said: “An oral agreement isn’t worth the paper it’s written on.” When parties fail to live up to an agreement, written proof of the negotiators’ intent is critical. First, it enables you to avoid “he said, she said” bickering, and helps those in charge of resolving the dispute know what was intended. Written agreements also are helpful if the original negotiators change jobs or aren’t around anymore, and they are proof that you did your job correctly.
4. Prepare. To paraphrase an old cliche, the three most important things about a negotiation are preparation, preparation, and preparation. Learn as much as possible about the needs and wants of your organization–and about the needs and wants of the other side.
5. Determine the extent of the other side’s authority. When negotiating with someone with authority, the goal is to reach agreement. It doesn’t matter if the other side understands your position as long as they’ve agreed with it. But, when negotiating with someone without authority, you need to be sure that person not only agrees with your position, but also understands the rationale behind it well enough to convince someone else of its merits. Try to deal with deal-makers, when possible.
6. Know your bottom line. It is critical to understand what you want beforehand. That way, you’ll know it’s time to stop. I’ve seen lots of event planners continue negotiating beyond what they need and, as a result, end up with nothing. Knowing your bottom line also prevents you from agreeing to something that is unacceptable.
7. Establish a fall-back plan. Know your best alternative if you face an unsuccessful negotiation. Without a fall-back position, you are left with no alternative but to negotiate until a deal is reached, even if that agreement is unacceptable.
8. Listen to the other side. Good negotiators are good listeners and good communicators, not just good talkers. By listening, observing behavior and body language, and being attentive, you can learn things that will further your interests. You’ll learn more asking good, open-minded questions than you will by cross-examining the other side. Be willing to brain- storm and explore options, and be empathetic. The person on the other side may have real problems that can affect the negotiations, such as a difficult boss. By showing some empathy, there’s a better chance of working to address the issues. Think of the negotiation as a problem that both sides are working to solve together.
9. There is no substitute for discussion. Many people don’t like to argue, and, therefore, sometimes fail to discuss important issues. Negotiations should not be arguments, but avoiding tough issues is not productive.
10. Avoid form contracts. Form contracts merely drive negotiators toward a predetermined (by one side) result or take an elegant negotiation and reshape it into something ugly. The draft contract must be straightforward and 100 percent reflective of the negotiation. Finally, never sign anything that you have not read completely and understood fully.

[from http://www.ceobraintrust.com/executive-education/high-stakes-negotiation/]

Win-Win Negotiation Badly Executed

Win-Win Negotiation Badly Executed

This case study discusses some of the critical errors that can be made in a Management and Union Labour negotiation, where Management were trying to achieve a win-win negotiation.

In trying to create win-win negotiation agreements, one of the biggest mistakes made by negotiators is to deal with the issues on an issue by issue basis. This often results in a breakdown in negotiations because invariably, conflicting monetary issues arise that result in a showdown between the two parties. Negotiating on an issue by issue agenda does not present the opportunity to make concessionary trade-offs between the different issues.
For example, in January, 1993, management and labour of Bayou Steel in Laplace, Louisiana, sat down to negotiate a new contract. Neither side dreamed that these talks would lead to a strike. Each side believed that they had built a solid relationship. Management went into the negotiations thinking and believing that if they used a win-win negotiation concept, they would increase and enhance the relationship between the shop floor and management. Even Ron Farraro, president of United Steel Workers of America did not conceive of the possibility that talks would collapse into a strike, and that a negotiated contract would be reached with little or no difficulty.
Management of Bayou Steel enlisted the help of two facilitators from the FMCS (Federal Mediation and Conciliation Services) to guide management through a win-win style negotiation with its workers. The president of Bayou said that the facilitators helped them identify each side’s objectives and concerns, and led him to believe that they had in effect, resolved 90% of the contract issues.
The facilitators set up an issue by issue agenda. They left the economic issues such as incentives, base pay, overtime, and vacation time as the final issues to be discussed. Management believed that they had correctly addressed the employees’ concerns about these pay issues.
However, union members became suspicious about management’s good intentions to take a win-win approach. They began to believe collectively that this negotiation approach by management was a disguised ploy meant to undermine their position, especially on the economic issues.
At first, negotiations went relatively well and as predicted. Yet, as the economic issues were placed on the table for discussion, the situation quickly turned upside down into a hard nosed bargaining negotiation. Management attempted to stay the course with a win-win approach, but this no longer washed with the union. Can you guess what happened? That’s right – union members walked and went out on strike.
By using an agenda to address the format of the contract negotiations, Bayou Steel failed to consider that any single issue could be so divisive. As the economic issues rose to the foreground of the talks, Bayou Steel no longer had leeway in considering trade-offs. They literally painted themselves into a corner because of their structured of agenda items.
We need to be able to compare and contrast all the issues collectively, and by order of relative importance. Package or multiple offers offer a greater latitude in finding creative solutions as it gives us more to work with, as opposed to dealing with issues on a one-on-one basis through a pre-designed agenda. Planning and using a Concession Strategy effectively can give one side a big power advantage over the other. So be careful to plan your agenda wisely.

[from http://www.negotiations.com/case/win-win/]

Most Often Made Negotiation Mistakes

It seems no matter how many negotiations we have been through.  And no matter how many years of experience we have, mistakes do occur. 

We have to be on our toes and always be aware of possible mistakes that are made.

Click the on the title below to read about the 10 Most Often Mistakes during a negotiation.

The Most-Often-Made Negotiation Mistakes and How to Avoid Them

by Nicole Schapiro

[from nicoleschaprio.com]

Building Trust In A Negotiation

One of the characteristics of a successful negotiation is trust.  Trust amongst the negotiators can result in upping the chances of a successful outcome.

Read the article below for Six Ways to Build Trust in Negotiations.

Six Ways to Build Trust in Negotiations

Author:	Deepak Malhotra

	[from Harvard Business School Working School]

5 Phrases To Avoid When Negotiating

Smart negotiators focus on the words and phrases they use when they negotiate.  Here is an article about some phrases you should avoid when negotiating.  Click on the title to read the article.

Deal Killers: 5 Phrases to Avoid When Negotiating
by Kentin Waitson 21 May 2012

Photo: StuartRichards

[from www.wisebread.com]

Negotiation Preparation Tips

Preparing for a negotiation can increase the odds for a successful outcome.

Here are some tips:

Planning

Carefully plan your negotiation.  This includes the ideal outcome you are looking for, as well as, which compromises you are willing to make.  It is also advisable to plan compromises for the other side that they should be willing to accept. 

Research

You should know as much as possible about who you are dealing with.  You don't necessarily need to dig up dirt on the other side, but the more informed you are of them, the better you can strategize.  Know why they want or don't want something.  Having done research you can match their needs and at the same time fulfil yours.

Objectives

As mentioned in the planning section, you should have a clear idea of what you want to be satisfied from the negotiation.  Always plan for a win-win situation.  Both sides may make compromises and not get everything they want, but a successful negotiation ends with both sides feeling like they have come out ahead.

Limits

While every point should be open for negotiation, keep in mind which points you would rather fight hard for and which you can sacrifice.  Make sure to know your limits, as well as, theirs.

Strategy

There are many types of negotiation tactics you can employ.  But make sure you play fair and use the tactics smartly.  You don't want to end up ruining the chances of a successful negotiation because of dirty play.

Flexibilty When Negotiation

Smart negotiators know that flexiblity is the key to a successful negotiation.  Negotiating with someone that is not willing to be flexible is like trying to light wet wood on fire - not worth the hassle.

So do not try to "lock in" to a position.  Having to compromise on this later can cause the other side to sense weakness.  Don't start by saying, "We can talk about all the issues, except Issue #1."  Instead, you should rephrase the statement by mentioned that Issue #1 is important and vital to you, but everything is up for compromise.  Try, "As I mentioned, we really need Issue #1 to work, that can pave the way for all other issues."

So don't put yourself into a position where you have limited options. 

Characteristics of a Good Negotiator

To be a good negotiator, one must possess certain characteristics.  As we have seen in the movies, a hostage negotiator acts in a certain way to free the hostages and resolve the situation.  You must too, act in a certain way to increase your odds for a successful negotiation.

Good Characteristics of a Negotiator

Good Listener:  Negotiators need to be able to listen to others, more than they need to listen to themselves talk.

Show Respect:  Nothing can be more offensive than someone that doesn't show respect to others.  Even when dealing in high-stakes negotiation always remember to show respect - and keep your cool.

Establish a Good Relationship:  While you don't have to be friends with the other party, you need to be able to keep in good standing with them.  Having mutual "good feelings" towards each other can increase the success rate for the negotiation.

Resolve Conflict:  If and when problems arise, a good negotiatior can help resolve any issues.  Overcoming these conflicts can pave the way for smoother sailing throughout the negotiation.

Ready to Compromise:  Most negotiations end in each side making some sort of concession.  These compromises are essential from preventing a negotiation from ending without resolution. 

Have Clear Objectives:   As a good negotiator, you should have a goal in mind.  And you should also be prepared in case you do not meet your goal.  Do you have a back-up plan?  Do you have BANTA?

Generally, a good negotiator needs to be fair in attempting to obtain the best possible outcome from the negotiations.

10 Must Know Rules of Negotiation

A slide presentation about 10 rules you must know to improve your negotiation skills.

Negotiation Skills - 10 Must Know Rules

View more PowerPoint from Hassan Rizwan

Establishing the Framework for a Successful Negotiation

When entering into negotiations, it is a good idea to have a working framework, or agenda.  This agenda can lay out the process how the negotiation will run. 

Look at the checklist below to organize the framework:

1. Establishing Procedures
2. Check Agreement
3. State Objectives
4. Agree on Agenda of Items to be Discussed
5. Clarify Participants Roles
6. Agree on Time Related Matters
7. Resolve Questions and Other Issues
8. Make Opening Statements

If you handle these issues at the beginning of the negotiation and have a working agreement, it can help establish the framework for a smooth negotiation.  Both sides of a negotiation should follow this framework and if any disputes arise, they can refer to the agreement. 

7 Essential Business Negotiation Tactics

Having trouble winning over that one key person at work? Expert negotiators at the FBI and elsewhere have found active listening to be key in any negotiation. Here are seven keys to active listening. (Also see the companion article Secrets of successful business negotiation" for tips from former FBI hostage negotiator Chris Voss.)

Adapted from the article "Crisis Intervention: Using Active Listening Skills in Negotiations" by Gary W. Noesner and Mike Webster, published in the 1997 issue of the Law Enforcement Bulletin. Full text available at: www.au.af.mil/au/awc/awcgate/fbi/crisis_interven2.htm.

Having trouble winning over that one key person at work? Expert negotiators at the FBI and elsewhere have found active listening to be key in any negotiation. Here are seven keys to active listening. (Also see the companion article Secrets of successful business negotiation" for tips from former FBI hostage negotiator Chris Voss.)

1. Showing Your Interest: Prove you're listening by using body language or brief verbal replies that show interest and concern. Simple phrases such as "yes," "OK" or "I see" effectively show you are paying attention. This encourages the other person to continue talking and relinquish more control of the situation to the negotiator.

2. Paraphrasing: Tell the other person what you heard them say, either quoting them or summarizing what they said.

3. Emotion Labeling: This means attaching a tentative label to the feelings expressed or implied by other person's words and actions. This shows you are paying attention to the emotional aspects of what other person is conveying. When used effectively, emotion labeling is one of the most powerful skills available to negotiators because it helps identify the issues and feelings driving the other person's behavior.

4. Mirroring: Repeating the last words or main idea of other person's message. This indicates interest and understanding. For example, a subject may say, "I'm sick and tired of being pushed around," to which a negotiator can respond, "Feel pushed, huh?" Mirroring can be especially helpful in the early stages of a crisis, as negotiators attempt to establish a nonconfrontational presence, gain initial intelligence and build rapport.

5. Open-Ended Questions: Use open-ended questions instead of "why" questions, which could imply interrogation. If you do most of the talking, you decrease the opportunities to learn about other person.

Effective open-ended questions include, "Can you tell me more about that?" "I didn't understand what you just said; could you help me better understand by explaining that further?" and, "Could you tell me more about what happened to you today?" 

6. "I" Messages: Negotiators have to avoid being provoking when they express how they feel about certain things the other person says or does. Using "I" statements lets you ostensibly shed the negotiator role and react to the subject as just another person.

For instance, you might say, "We've been talking for several hours, and I feel frustrated that we haven't been able to come to an agreement." This is also an effective tactic if the other person verbally attacks, because it lets you respond with, "I feel frustrated when you scream at me, because I'm trying to help you."

Remember: Never get pulled into an argument or trade personal attacks with a subject.

7. Effective Pauses: Any good interviewer knows the power of the long, awkward silence. People tend to speak to fill spaces in a conversation. Therefore, you should, on occasion, consciously create a space or void that will encourage the other person to speak and, in the process, provide additional information.

Bounded Awareness

Often times when we are in the middle of doing something, we often ignore the other elements that may be happening around us.  We are too focused on the task at hand.  This oblivion to other factors outside our focus is bounded awareness.  It can cause us to only look at the small picture, rather than the whole picture during a negotiation.

Imagine fighting so hard to get the other party to agree on one item that it can damage the whole negotiation.  This can lead to a halt in negotiations.  And often times it can result in failed negotiations or have negative impacts for future negotiations.

A smart negotiatior will look at every aspect of the negotiation rather than be bounded by just one item.  In a negotiation, it is often impossible to win on every point.  There will be disagreements and on some items there may be a possiblity of never reaching an agreement.  Looking at the whole picture can help overcome these areas.  Set up contingency plans.  Think of alternatives.  Do you have a BANTA?

Remember, each item on the agenda to a successful negotiation counts.  Don't jeopardize your negotiation because you are too focused on any one single item.

The Power Play

Often in negotiations,one side positions themselves as the ones who are in the driver's seat.  It may be because they have a larger bank roll or their company is larger than yours - what it all comes down to is similar to what we often see in the game of poker.  The one with all the chips usually dominates the table. 

If you are on the power team, then great.  But having that power has responsibilties.  It can backfire on you if you abuse it, maybe not at the current negotiation, but maybe at the next.  Remember every company has a network, and they talk.  So, being on the power team has its perks, but use it wisely to get what you want in a fair manner.

Now if you are on the other side of the table in this scenario, you don't have to raise the white flag and give in to every demand.  Yes, you realize that you are on the lower side of this negotiation, but you can still fight to get what you want.  You probably will not get everything, but you can manage to walk away satisfied.

Try a one-for-one approach.  They get something, and you get something.  Granted, their piece will be bigger, but getting something is always better than getting nothing.

Or, you may want to try an alternative item approach.  Yes, they receive exactly what they want, but when you want something they won't budge.   So, think in terms of equal value rather than losing out on one of your demands.  Instead of a 5% discount, why not free shipping?  Things may not add up exactly, but you can try to make up for the items you did not receive.  Sometimes this approach may actually be worth more than the original demand.  Do your homework, expect your demands not to be met - but have an alternative that might just please the other side (and you).



 

How to Handle Inaccurate Facts During the Negotiation

Information can be misrepresented or falsified during a negotiation.  The reasons may be many, but regardless, it is critical to seek accurate and true facts.

If you think someone is misrepresenting the facts on purpose (lying), don't try to change the person, but rather, try to clarify to get to the true facts.

Don't hesistate to clarify any points that you believe is not right.  At the same time, don't accuse someone directly because that tends to result in one side becoming defensive regardless if it was just a mistake.

So anytime there is a question about any facts, seek clarification and if needed, use a third-party source for unbiased resolution.

To Apologize or Not to Apologize

During tense negotiations feelings may be hurt, something may be taken the wrong way or offense is made whether or not it was intentional. 

We must remember that negotiation is a business procedure and should not be personal.  If something awry occurs it is best to solve the issue as soon as possible.  And most of the time all it takes to get past this point is an apology.  That way business can continue without ill-gotten feelings building up to put the negotiation in jeopardy. 

However there are some areas in which an apology may not be accepted or even should not be accepted.  If things cross the line, for instance into political incorrectness or legal issues, it may be best to end negotiations there and walk away.  Because you probably wouldn't want to do business with them anyways.

The Right Environment to Negotiate

Aside from various tactics that people try to use for a successful negotiation, another consideration is the environment in which we negotiate.  There are many factors around us that can affect the overall mood when engaging in the negotiation.

If you are ever in an uncomfortable setting during the negotiation, don't hesistate to ask for the conditions to be changed.  If the room is too hot or too cold, ask for the temperature to be adjusted.  If the room seems too small (or even too big), ask for a room change.  Even if a chair does not meet to your standards, you may request a different chair.

Making unreasonable requests can make the mood even worse, but general requests that are not difficult to accompany should be corrected right away without any problems.

In all my years of negotiation, there have been times when I turned the air conditioning on too cold or replaced a regular chair with a squeaky one for the discomfort of the opposing side.  So remember, you may feel uncomfortable because it is their intention that you feel that way.

Funny Negotiation Video

Even though it is a commercial, it makes a point about body language.

Enjoy!

Improve Your Negotiation Skills

Whether you are looking to get a higher salary, a discount at the market or planning to negotiate a contract between countries, this site will help you become a smart negotiator.