Essentials of Negotiating
Essentials of Negotiating
Essentials of Negotiating
Learning Objectives
By the end of this chapter, you should be able to:
List the three criteria for negotiating processes.
State the central topic or objective of every negotiation.
List the five basic needs of people that underlie
all negotiations.
State four reasons for distinguishing between
needs and solutions in a negotiation.
List the four ways to dissolve blocks in negotiations.
WHAT NEGOTIATING IS
Negotiating is what people do to get what they need from other people. In one
sense, all of life is a negotiation. We negotiate with our spouses, our kids, our
boss, our employees, our neighbors, people on the freeway, in line at the market, and so forth. We negotiate every day to get what we need from others.
Every negotiation has a different set of rules, often unspoken, sometimes unconscious or unknown, and sometimes prescribed. Some negotiations are easy
and quick, and some are complex and take multiple meetings over time. Regardless of how easy or difficult, all negotiations share several points in common, as is explained below.
Negotiating Is a Process
Negotiating involves a series of behaviors. We need to be conscious not only
of the topic we are talking about, but also of how we are talking about it. We
need to be aware of whether our approach is likely to get us the agreement,
cooperation, or resolution we want or get us stuck instead. The term process
refers both to the steps involved in a negotiation and what is happening at
every step of the negotiation.
Negotiating Takes Place Between People
It might sound obvious, but negotiating is something that involves people. We
do not negotiate with machines. We negotiate only with other people. Thus,
to be effective, we need to be insightful about people in general and about the
particular people with whom we are negotiating. We also need to be flexible
because what people do in a negotiation is often not what we expect.
Negotiating Is About Needs
The central topic of every negotiation is needs, not solutions. Solutions only
exist to meet needs. Needs are what we negotiate-our personal needs, the
needs of the organization we represent, others' personal needs, and the needs
they represent. If we fail to recognize our own needs accurately or to hear what
others need, we are unlikely to be successful in our negotiations.
Every Negotiation Is Different
Depending on the situation, every negotiation has its own rules or protocols.
Sometimes the rules are historical and familiar. This is often the case when we
interact with our parents or spouse or a long-time friend. Sometimes the rules
are unconscious, as is often the case when we find ourselves repeating conflicts
or problems with someone and don't know how to break the cycle. Sometimes
we need to create the rules as we go along, as is likely to happen in a new
relationship or a new business context. And sometimes we find ourselves in
situations in which there are prescribed, formal, or traditional procedures, as
in union/management negotiations, buying a car or home, or filing an insurance claim.
THE PROCESS, OR
WHAT'S GOING ON HERE?
Every negotiation has a beginning, an end, and a series of steps in between. A
negotiation may take less than a minute to resolve or it may take months or
even years. We need to be conscious of the process so we can direct it and
change it if it becomes ineffective.
Being aware of the process gives us options. However, consciousness of
the process implies an important preliminary step: reflection about how we
want to approach the issue before we begin the negotiation.
Who's Across the Table?
If we know something about the other people in the negotiation, it gives us
important information to engage them effectively. If I know that the other
person is easily embarrassed, I may want to talk to that person when no one
else is around. If I know the other person is short-tempered, I may want to
raise a touchy issue in a public place, like a restaurant, where the person is less
likely to become volatile. If the other person tends to be argumentative or
defensive, I may want to give assurance up front that I do not want to find fault
but to resolve the issue collaboratively. If the other person is introverted and
needs time to think alone, I will want to avoid overwhelming him or her with
too much information and pushing for resolution in the first meeting. If I
know the other person needs lots of information to feel comfortable in making
a decision, I will want to do my homework and have all the information available, especially if I need a quick decision.
What's Going on over There?
We need to be aware of what is going on with the other person during our
discussions so we can redirect the process if it starts to go sour (see Exhibit
1-1). If the other person stops talking, that is usually a good sign that something is wrong. The same is true if the other person becomes agitated, angry,
frustrated, impatient, accommodating, or dismissive.
What's Going on Over Here?
In addition to being aware of the other person's behavioral and emotional
responses, we also need to be aware of our own reactions in the process. We
need to be conscious of feeling angry, resentful, distrustful, or embattled. We
need to notice when we stop listening and start planning our defense while the
other person is talking. We need to pay attention if we begin interrupting or
dominating the conversation, or suppressing what we are thinking and not
speaking out. We should be conscious of needing to be right by wanting the
opposition to see things our way, admitting they are wrong, and giving in. In
short, we need to be aware of when we are getting mired in the process.
What's Going on Between Us?
We need to be aware of the process going on between us. We should avoid
trying to be right rather than trying to understand each other. We need to pay
attention to closing doors instead of opening them and wanting to win more
than wanting to collaborate on a solution. We need to avoid arguing over who
has the right solution rather than trying to understand each other's needs. We
should be aware of when we are being demeaning rather than valuing each
other.
Three Negotiating Criteria
Essentially, our negotiating processes need to meet three criteria: They need
to be safe; they need to be fair; and they need to be effective.
Safety
If our negotiating processes are not safe, people will not come to the table to
talk. People may feel unsafe because they are afraid of being blamed, criticized,
taken advantage of, or embarrassed. They may be afraid of having someone
angry with them. Creating safe processes is often the "negotiation" before the
negotiation" that occurs prior to international negotiations among nations.
This may also occur within families or organizations when a neutral or safe
third party talks to each side in a dispute separately to identify the conditions
under which both sides would be willing to discuss matters face-to-face.
Fairness
Negotiating processes need to be fair. The other party needs to expect to be
heard and to have a fair voice in decisions that are made. If the other party feels
ganged up on, left out, or discounted, there may be no way to arrive at a mutually satisfactory agreement or commitment.
Effectiveness
Negotiating processes need to be effective in order to reach agreement or resolution. Effective processes require that both parties have the same information, and that the information be accurate and complete. Effective processes.
require that we understand how both sides are thinking and interpreting the
information and how the current situation is affecting both sides. We need to
understand our own needs and objectives, as well as the needs and objectives of
the other side. Both parties need to send whole, complete messages to each
other and to listen and explore rather than sell and judge. They need to try to
understand what the problems are and what they mean in terms of satisfying
each party's needs. They need to focus on generating numerous options together rather than one side locking onto a single solution and defending it to
the death.
NEGOTIATING REQURIES
WILLINGNESS AND ABILITY
Creating processes that are safe, fair, and effective requires both willingness
and ability. We have to check our own internal motivation in a negotiation.
We have to want to achieve a mutually satisfying resolution. The other people
involved in the negotiation usually know what our intentions are and respond
in mirror fashion. If we want them to admit they are wrong, they will probably
want us to do the same. If we are not listening to them, they are unlikely to
listen to us. On the other hand, if we are sincere in our desire to reach agreements that will allow both of us to walk away satisfied, the other people involved are more likely to commit to the same outcomes.
Sometimes we are willing but do not have the ability to negotiate effectively. We may think we are listening, but we are not really hearing the other
person's needs. We may think we are being descriptive about data, but we are
being judgmental instead. We may think we are being clear, but we are not
saying what we are really thinking, how the situation is affecting us, or what we
need. Sometimes we think we are stating what we need, when we are actually
telling the other parties what we want them to do, criticizing them, or trying
to "shape them up." Sometimes we do not realize what our tone of voice sounds
like or how we are making it unsafe for others to commit to what we want
them to do. This is why it is so important to stay aware of the process throughout the negotiation.
situations. Other times, less serious circumstances may seem like life-or-death
situations to us. For example, we may feel we cannot live without someone or
believe that if we do not get a particular job or accomplish some task, something catastrophic will happen. An illness, even if it is not serious, may cause us
to feel vulnerable and threatened. Someone's anger, even if it is not directed
toward us, may cause us to feel unsafe.
Worth/Value
We need to believe that we have a right to be alive, to be who we are, and to
live in ways that feel congruent with our self-image. We need to feel valuable
and worthwhile. If we do not value ourselves, we will assume that what others
want us to be and do is more important than what we think we need to be and
do. If we do not value ourselves and believe that we do not have a right to
something, we are not likely to ask for it or stand up and negotiate for ourselves.
Competence
We need to believe that we are enough. We need to believe that we are strong
enough to protect ourselves, smart enough to figure out what we need to know,
and talented enough to achieve the things we want to accomplish. When we
are five, we want to be ten; when we are sixteen, we want to do the things that
twenty-one-year-olds do. We arm wrestle, we challenge, we try new things.
We spend much of our lives trying to prove our competence to ourselves and
others.
Belonging
We need to be loved and connected with others. We need to share our journey
with others, to not be alone, and to know that others will be there for us when
we really need them. We need to have a home in the world and to be wanted
by others. The degree to which we feel loved, accepted, and respected by others often has a significant impact on our feelings of safety, worth, and competence.
Meaning
We need to be able to understand and make sense out of our life experience.
We need coherence, congruence, and order. We need predictability. We are
purposeful people and, as such, need a sense of direction, specific goals, and a
sense that we can achieve them.
Listen on Two Levels
The five basic needs are a part of every conversation or negotiation that we
have. To hear what needs are important to others during our negotiation, we
must listen on two levels (see Exhibit 1-2). On one level, we need to listen to
the topic or content being discussed. On another level, we need to observe
how the other people talk about that topic-the words they use, the tone of
voice, their nonverbal communication, and what all this tells us about what
they need. If they cannot be direct or clear about what they need or if we are
uncertain about what they need, then we need to ask.
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Once the two partners understood each other's needs, they accepted them
as valid and committed to helping each other get what they needed. The ultimate solutions were to move manufacturing to corporate headquarters and
develop a noncompeting spin-off company that the second partner would manage. This creative solution to both partners' needs came about because the
partners were willing to be appropriately vulnerable with each other and to
share and understand each other's needs.
THE IMPORTANCE OF
KNOWING THE RULES
Every negotiating situation has its own rules. Car dealerships, for example,
have a prescribed way to negotiate sales. Typically, a dealership will send out
the first salesperson to find out what you are looking for and how serious you
are about buying. The salesperson will show you what is in stock, and take you
for a test drive. At some point, he is likely to ask you to make a written offer,
claiming that while he has no authority to set price, your offer will be submitted to the sales manager. If the salesperson is successful, he will get you to
commit before the dealership makes any commitment. If he thinks you might
walk away, he will summon another salesperson to work with you ... and the
process goes on.
Similarly, union/management negotiations in this country tend to follow
prescribed processes, often involving lengthy meetings right down to a
prescribed deadline. If either side settles before the deadline, that side's
constituency usually criticizes their representative for giving in too easily.
Knowing the Rules Gives Us Options
The process for buying a car or a house or negotiating a union contract may be
very different from the process for buying a household appliance or negotiating with your teenager or an employee. Whatever the situation, it is important
to know the rules. This gives us choices about how to influence the process so
the rules are not used against us. Knowing the rules tells us what our options
are so we do not naively give away what we do not have to give away, or so we
do not make unrealistic demands that might kill the negotiation. Thus, we can
ultimately craft decisions that satisfy both sides.
When buying a car, for example, knowing the rules can significantly influence the outcomes we get. In addition to knowing how car dealerships structure their sales process, it is also useful to know that:
1. You can buy a car through a broker in many parts of the country. Brokers
buy wholesale from dealers and will usually quote you a price that is a few
hundred dollars over the dealers' inventory price.
2. If you have a quote from a broker, many car dealerships will sell you the
same car for $100.00 less; otherwise they will lose the sale to the broker.
Following are some other examples that illustrate the importance of knowing the rules.
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NEGOTIATING IS A PROCESS OF
DISSOLVING BLOCKS
One way to define negotiating is to say it is a process of dissolving blocks. If
there are no blocks, then there is nothing to negotiate. Thus we want to be
able to recognize the blocks as soon as they arise so we can dissolve them.
We can understand how blocks occur in our negotiations if we observe
what happens when water comes together from different sources. At the
confluence or meeting point, there is turbulence until the water flows in a
common direction. That common direction will always be the direction of
least resistance.
The same phenomenon occurs when we come together with others in
negotiations. Our experiences and consequently our beliefs and emotions and
needs are the source of our energy or water flow. The force of our energy
becomes manifested in our behaviors. We approach each other as separate
streams of water, and we have the choice of either creating turbulence by pushing
against each other or using the force and direction of each others' energy for
our mutual benefit.
We tend to create turbulence when we judge others instead of trying to
understand them. We create blocks when we fail to draw others toward us and
use their energy. On the other hand, we can create a positive flow if we can
step aside whenever others push against us with their beliefs, judgments, or
opinions, or with their emotions, needs, and solutions. We need to view their
needs and solutions as invitations, not demands. They are invitations to understand more about the other side, the situation, and ourselves.
Blocks Exist for a Reason
We are more likely to create a common flow of energy if we remember that
the blocks that arise in our negotiations are there for a reason: People need
something and are afraid they cannot get it. Our job in a negotiation is to
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understand what their needs are so we can find solutions that will allow everyone to walk away satisfied.
For example, if the block in our negotiation is that the other people in the
negotiation view the situation differently, then their perspective of the situation reflects their experience and needs. If we fail to understand why their
perspective differs from ours, and therefore fail to understand and accept their
needs, we are unlikely to reach agreement.
Use Others' Energy for Your Mutual Advantage
Instead of pushing back against the energy of the other party and creating
turbulence, we need to grasp the energy and go with it. Instead of pushing
back, we need to try to go in the same direction. If we do this, it does not mean
that we give up or lose our direction. It simply allows us to explore the other
party's direction first. Thus, the other party will be more willing to explore the
direction of our energy. We will be more likely to either reach agreement and
go in a common direction, or to go in separate directions peacefully. In either
case, we will reach resolution.
How do we grasp and integrate others' flow of energy? We do this by
exploring their anger, building upon their opinions, trying to understand them
without giving in, and validating their experience.
Explore Others' Anger
We grasp and integrate others' flow of energy by exploring the vulnerable
emotions and needs behind the anger rather than pushing back and reacting
with our own anger, as seen in Exhibit 1-3. Be aware that anger is always
secondary and a cover to emotion. Preceding and underneath the anger is a
vulnerable experience such as fear, disappointment, embarrassment, frustration, or loss.
If we do not push against or resist the anger, we will learn a lot We might
try asking, "Tell me more." "What happened?" "Help me understand why
that is important to you." Letting others have their anger (as long as we are not
in physical danger) and exploring with them what it means, leads to understanding and insight. It also tends to dissolve or dissipate the anger because
anger needs something to push against. If you remove yourself as the target,
the anger cannot continue. If you are willing to step aside and explore the
other person's anger, he or she is likely to feel safer and more understood.
An example of pushing back:
Don:
Ken:
Don:
Ken:
Help me understand more clearly why you are so frustrated with this and
what you need. I am feeling really pressured with everything that I have to
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do, but I'd like to see if there is some way that I can help you get what you
need.
Build Upon Others' Opinions
Similarly, we also grasp and integrate others' energy whenever we explore and
build upon their opinions rather than disagree with them. The easiest thing in
the world is to make people stupid and wrong. Instead, we need to assume that
they view things their way for some good reason, given their past experiences.
We need to be able to put the opinions of others in their own historical context to understand why they make sense to them.
A fundamental fact about human beings is that they are meaningful creatures. They are consciously reflective. They need to understand the relationship among events or experiences in their lives. If they cannot, they get frustrated, anxious, or nervous. Hence, be assured that whatever views other people
have, they have for good historical reasons. If their views do not make sense to
you, then you do not know them.
An example of pushing back:
Susan:
I do not agree with the state sales tax that is being proposed.
Jill:
Susan:
I do not agree with the state sales tax that is being proposed.
Jill:
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Roger:
An example of understanding:
Tom:
Roger:
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secondary source is the other party involved, and the third and least important
source is the situation being negotiated.
Sometimes It's Us
In what ways are we a source of blocks? As we saw in the preceding section, we
are a source of blocks when we push against others with our judgments, anger,
or self-righteousness. We are a source of blocks whenever we have solidified
beliefs or think we know it all. We are a source of blocks whenever we are
locked into solutions. And finally, we are a source of blocks whenever we insist
on being right rather than trying to understand.
Sometimes It's Them
When others lock onto their judgments and solutions, they, too, lose their
ability to explore and understand. They push against us. When we do this with
each other, we create conflicts in our relationships and our processes become
unsafe and ineffective.
When our relationships are not in alignment, it usually follows that we
start acting in ways that are not effective. When this happens, we usually need
to step back, shift our focus away from the topic we are discussing, and directly
address or intentionally change our process to get our relationship back on
track. For example, if we are arguing with each other or trying to convince
each other that we are right, we may need to calm down, take a breath, and
listen to each other. As noted in the preceding section, we are able to do this by
grasping the other party's energy and moving in the same direction so we can
integrate rather than push against it. While others may differ from us, they do
not have to be a serious block in most instances.
Notice in the following conversation how Jill shifts from letting Susan be
a block to integrating their energy. She does it by letting go of trying to be
right, and trying to understand instead.
Susan:
I do not agree with the state sales tax that is being proposed.
Jill:
Susan:
We could spend all day trying to convince each other who is right about
the sales tax and not get anywhere. Instead of trying to convince each other,
tell me your thinking about ways that we could fund our schools.
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and resolved relationship). If we are committed to helping each other get our
needs met, we will not argue over the limited resource (the car). Instead, we
will explore our individual needs to see how we can work out sharing the car.
This brings us back to the importance of aligning our flow of energy with
others by exploring with them ways in which we can meet our mutual and
differing needs. This is the objective of all negotiations.
SUMMARY
Negotiating is a process that people undertake to try to meet their mutual and
differing needs. Negotiations are handled effectively when we try to understand instead of trying to be right. We need to be aware of what is going on in
our process and to be willing to redirect our process when it becomes unsafe,
unfair, or ineffective. This way, we can dissolve the blocks that arise from us,
from others, and from the situation. We will explore all of these concepts in
more detail in the coming chapters.
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1. (c)
2. (b)
3. (b)
4. (c)
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5. (c)
6. (d)
7. ( a)
8. Needs are:
(a) only valid if we do not need too much. There is a difference
between what we really need and what we want.
(b) an innate part of everyone and therefore are valid.
(c) sometimes valid. Some needs are valid and some are not.
(d) valid only if others agree with you.
8. (b)
9. (a)
10. (c)