Negotiating Skills Notes
Negotiating Skills Notes
Negotiating Skills Notes
David White
Negotiation Skills
Contents
Objectives Introduction Defining Negotiation Importance of Negotiations Why do we need to negotiate? The features of a negotiation People involved Formality Contact Conflict Joint decision making Persuasion vs. negotiation 1. OBJECTIVES 2. FLEXIBILITY The 3 phase negotiating model I. Planning Phase Identify the issues Research Sources of information: Setting Objectives Smart objectives Limits and choices Researching the players Using written documents II Negotiating Phase Stages in the process Stage 1 Exploration Atmosphere of a Negotiation Environment The need for an agenda Timing Stage 2 Bidding Counter Bids 4 5 5 5 6 6 6 6 7 7 7 8 8 8 8 8 9 9 9 10 10 10 12 13 13 13 14 14 15 15 16 16 17
David White
Negotiation Skills
Time Out Stage 3 Bargaining Handling and communicating emotion Maintaining control Bullies Two meetings in one Dealing with argument Body Language Phrases to avoid Unskilled behaviour Skilled behaviour Moving towards a deal Trading Currencies Stage 4 Settling III Consolidation Phase Conclusions Review Bibliography 17 18 18 18 18 19 19 19 20 20 20 20 20 22 23 23 23 24
David White
Negotiation Skills
Objectives
After studying this course you will be able to: Identify negotiating occasions Set negotiation objectives Research the background to a negotiation Select and use trading currencies Present bids and offers Bargain and settle Consolidate agreements Manage the stress and strains of a negotiations
David White
Negotiation Skills
Introduction
You cant always get what you want... But if you try some time, You might just find Youll get what you need Jagger/Richards According to Henry Mintzberg, a Negotiator is a key decisional role for managers and anyone involved in working with other people.
Defining Negotiation
A negotiation is a process of two or more people/parties coming together to reach an agreement The agreement should be for mutual benefit and the aim is to find constructive and creative solutions to problems Negotiating is a delicate process that is frequently misunderstood. All parties involved will have strong, sincere reasons for the position they take. However, the very act of coming to the negotiating table is an admission that the other parties have something to offer, or requirements that they must go some way towards accepting. Any resolution of a negotiation therefore must be perceived as being of mutual benefit to all concerned. A negotiation in which only one side can claim victory should be deemed to have failed. The reason is simple if there is a long run, the losing party will either renege on the agreement or seek ways to gain redress in the future. The answer to what can seem insoluble at the beginning of the process is to create an environment in which - for the sake of seeking solutions - everything can be regarded as open for discussion. By this means unusual and creative solutions can be discovered.
Importance of Negotiations
Negotiation touches all aspects of a business: sales contracts, purchasing contracts, internal decision making and resource allocation, labour relations, joint ventures, licences, etc. Take place at all levels: from the individual contract to global agreements covering entire organisations The value and quality of agreements can have a critical impact on corporate performance
David White
Negotiation Skills We tend to think of negotiation being confined to political and high-level management arenas. However, away from the media spotlight, negotiations are going on all the time and for the participants the issues can be just as critical.
Task! We have to negotiate more often than we think. Identify the very last negotiation you had to enter into however trivial. Assess how well prepared you were and whether this is affected the end result.
David White
Negotiation Skills Contact Negotiations are usually more successful if conducted face-to-face. This is because the interaction involves verbal and non-verbal behaviour. Without the ability to see the whites of their eyes, to borrow a term, it is difficult to target accurately. The political arena provides a useful term to illustrate how unhelpful long distance negotiation can be megaphone diplomacy. This is used to describe the conducting of negotiations through the media, rather than direct contact. Conflict However hard we try, we must accept that conflict is a likely component in the process. To this end, it is important to plan for it and how it should be handled. Joint decision making By definition, a negotiation is an exercise in joint decision-making. Both parties have different agendas and the process will involve appreciation of the other partys needs and how they can be accommodated while also respecting our own.
Negotiation Outcomes
Outcome for B
WIN - LOSE
WIN - WIN
LOSE - LOSE
LOSE - WIN
LOSE
WIN
As discussed in the first section, the best negotiations produce results of mutual benefit. As the above four box matrix shows there are four possible outcomes: Both sides lose: the negotiation produces no result. While both sides may retain their pride, they will gain nothing more.
David White
Negotiation Skills A wins and B loses or B wins and A loses: the likely result here is that the losing side will seek ways out of an agreement, which is humiliating and unfair. While the winning side may take satisfaction from the result initially, it is likely to rebound on them. Both sides win: This demands that both sides focus on core objectives and are also willing to make concessions.
I. Planning Phase
This phase results in the identification of key issues by the negotiating team, likely obstacles to reaching an agreement, and possible ways of overcoming obstacles. Thorough planning and a detailed grasp of the relevant facts and details of the case are of vital importance.
David White
Negotiation Skills
Research
A key element in the planning phase is research. Knowledge is crucial and it would be true to say that the side that gets nearer to achieving its objectives is usually the most knowledgeable. Sources of information:
Competition (if you are competing for business, some mystery shopping amongst your competitors will always be helpful in negotiating with the potential client) Experts (dont be afraid to talk to people paid to know) Online databases (the internet is a very valuable 24 hours source) Libraries for Books and Directories (provides key dimensions in areas you are less familiar with) Colleagues (colleagues doing similar jobs will have come across similar situations. Most people love to share their experience with you flatter them and learn from it)
As well as general research on the kind of business that the other party is in, it is particularly valuable to research the person with whom you are negotiating in detail. Apart from the value of the information, the closer you can get to them the better. Their motives will have a major impact on what they are willing to accept. The greater the distress, the weaker the negotiating position. A person under time pressures is particularly willing to make concessions.
Task! For the typical negotiations in which you are involved, identify the best sources of data for the information you need to be successful. Spend a few minutes investigating other sources
David White
Negotiation Skills
Setting Objectives
In any negotiation you need to be very clear about what you want to achieve. This is not as simple as it sounds. Objectives can be defined in a number of ways and it is important to apply all these definitions to your own intended outcome. Smart objectives SMART is a useful acronym by which your objectives can be readily tested. This has already been covered elsewhere in the knowledge packs, but is worth a quick revision at this point.
Simple
The objective should be capable of clear and simple definition. e.g. to pay 10 per ton for the supply of a raw material, to establish that all PR activity should form part of the department's responsibility, to pay overtime for all work carried out after 6pm...
Measurable
All of the above examples are capable of measurement. Too often an objective is vague and can mean different things to different people. Insert such imprecise words as `a fair price', `communications' and `after work', and the problem is easy to recognise.
Agreed
It is important to agree objectives with the team you are representing. This may mean having a full understanding of what room you have for creative manoeuvre.
Realistic
Unrealistic objectives are provocative and can easily cause negotiations to break down. It is hard to back down gracefully if it only serves to outline how ridiculous your initial position actually was.
Timed
The value of reaching an agreement is dependent on when the agreement can be implemented. Time pressure can be useful as a catalyst to reaching an agreement. The Ulster peace talks have demonstrated the strengths and weaknesses of this aspect of objective setting. Limits and choices SMART objectives are a very important starting point. But what do we do if the other party will not accept them? In any negotiation there has to be flexibility but the approach to defining objectives as outlined above can seem to create too rigid a framework for negotiation.
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Negotiation Skills One solution is to set smart objectives at three levels. These are defined as what we would like to achieve, intend to accept or must agree to, if the worst comes to the worst.
LIKE
This is the ideal resolution as far as we are concerned - and therefore our opening bid.
INTEND
This would be a thoroughly acceptable solution to us, but one that includes valuable concessions to the other parties.
MUST
This is the poorest solution that we could accept, but which still represents a profitable/useful outcome. These three levels - whether articulated or not - will tend to underlie most negotiations. The like and must levels also provide limits that you must not allow yourself to forget. Too often, people forget their low (must) limit and accept a poor deal rather than walk away. Texas oil billionaire Nelson Bunker if remembered for his phrase There is always another deal around the corner 100% success rate in negotiation can mean only one thing you are not a good negotiator. The ability to turn down a bad deal is even more important than the ability to close the deal. We will return to this issue later in the knowledge pack. You are more likely to succeed if you define the levels precisely and gain agreement from your own side that these are the prizes you are playing for. In many real life negotiations at the political level, there can be a tendency on the part of the public to take the opening `LIKE' positions too seriously. If the negotiators then start to believe their own press they become entrenched in a position that they had always been willing to step down from. However, to step down you should expect to be able to extract a concession in return. `If you'll do ____, we'll do___.' Remember that the other parties will be starting from their 'LIKE' position, which if you have done your research carefully should be comparable to your `MUST'. The logical outcome is therefore acceptance of the intend position for both sides. PRICE PARTY 1 PARTY 2
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This way of looking at objectives translates well into a negotiation model that takes into account both sides goals and the range of features that may be issues involved in the negotiation. Understanding the situation facing the other party is useful as it enables you to identify the areas of strength and weakness in the counterparts negotiating position. Task! Think of the next negotiating situation in which you are likely to be involved. Set out your objectives in SMART and MIL terms
Areas of agreement
Your goals
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Negotiation Skills them along to your next meeting. Do not simply go over the head of your contact. That will only earn their enmity, which will then be used to influence the real decision-maker against you! Finally, consider whether there may be any hidden agendas that should be allowed for. Questions you might want to consider are How important to the other individuals career is a successful outcome? What are their options if the negotiation with you is unsuccessful? Are there any personal needs related to the outcome, i.e. is this person very cautious? Would they prefer a low risk simple solution? What are the background reasons for this deal? (For example, if someone were selling you their car it would be useful to know if this was because of an urgent need for cash, or because they are shortly emigrating, or because they are trading up to a newer model. A different final price would probably apply in each case!)
II Negotiating Phase
Stages in the process
There are four key stages in the negotiating phase, which will tend to follow each other but may have some degree of overlap. 1. Exploration - of general views & objectives 2. Bidding - opening bids
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Stage 1 Exploration
Atmosphere of a Negotiation Generate a hostile or negative atmosphere and the negotiation is sure to fail. It is critical to begin on friendly terms, regardless of how you feel about the situation or the other party. Remember that hostility breeds hostility while assertiveness tends to give you the initiative and allows you to set the terms and agenda. This is illustrated in the transaction analysis diagram below. Think of your own relationships with others. If you are aggressive or hostile towards someone, nine times out of ten they will be hostile back, whether they are in the wrong or not. However, if you friendly/affectionate they will also tend to be that way in return. But if someone asks you your opinion on what should be done and you answer assertively and precisely, they will be likely to focus on your proposal in a positive manner. In other words, if you assert yourself and set the pace, the chances are you will have the greater power over the outcome of the negotiation.
Transaction perspective
engenders passivity
Assertiveness
Hostility
breeds hostility provokes dominance
Affection
engenders affection
Passivity
The clichd perception of trade union negotiations in the 60s and 70s shows just how badly negotiations can go wrong. It is vital that all parties retain a friendly and positive approach and talk directly to each other rather than conduct the megaphone diplomacy that draws in the unhelpful interest of media or other half-interested parties.
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Negotiation Skills The message of the sales negotiation is a useful model to follow. The effective sales person will always recognise that any argument with a customer can have only one winner - the customer. There are almost no circumstances where the customer could not seek an alternative supplier. Create a bad atmosphere and the other party may prefer almost any alternative to reaching an agreement. Always look to the common goal of a positive solution rather than your own partisan objectives. By this means both you and the other parties involved can act as if you are on the same side rather as opponents. To recap, the golden rules are:
Take time for ice-breaking Be constructive not competitive Be cordial and co-operative Be brisk and professional Sustain a positive approach
Environment
While you may not always have a choice in the matter, the environment is very important at a psychological level. Think of the difference in confidence between the football team on their home pitch versus away games. Whatever happens, make sure it a private, quiet, low stress but business like environment with no distractions. In terms of seating, try not to find yourself sat across the boardroom table but across the corner, alongside, or better still around a low table in comfortable lounge seating. If it is on your own premises, make sure you are nearest to the phone to deal with interruptions or to chase up the coffee! An important part of the background is your own appearance. There are at least two simple rules to remember. Dress in a way that makes you feel confident and professional. Dress in a way that is going to show empathy with the person with whom you are negotiating.
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Negotiation Skills Jointly agreeing this with the person with whom you are negotiating is an excellent place to start, once the ice breaking is over. It is a psychologically valuable device to find points of agreement as soon as possible. Once you some yess, you are likely to get more. When agreeing a plan for the meeting, it is important to set and have accepted a reasonably challenging objective, i.e. to get an agreement within the meeting. Once this has been achieved, then the other parties will share a sense of failure if the meeting breaks up without agreement. Following on from this it is important to set the time at which the meeting must end. Negotiations that go on into the small hours suffer from the fatigue and irritability that will result! The setting of an agenda enables you to both recognise the joint benefits of achieving a single overarching objective agreement. Task! Write an agenda for a typical negotiation in which you are involved. How would you pace the main points for discussion?
Timing
Too much time can be as unhelpful as too little. A sense of urgency sharpens minds and creates a productive atmosphere. However, it is vital to verify the timing contract at the beginning of the meeting to remind everyone of the time available and to reconstruct the agenda if there is not enough time after all. remember the golden rules are
Agree a plan/agenda for the meeting at the start; identify key issues and take these in a logical order Agree a pace for the meeting (i.e. how long on key items) Be aware of time and keep control Avoid deviation from key issues Explore what matters to the other party Put forward constructive proposals Be willing to trade concessions
Stage 2 Bidding
The bidding stage involves putting forward suggestions (for example on price, quality standards, pay rates, conditions of service, appraisal procedures).
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Negotiation Skills In putting forward your proposals, you only have one chance to make the right first impression. Careful structuring of your argument is vital. Any attempt to rush your proposal (or allowing yourself to be rushed) will be counterproductive. Just as the good salesman communicates the benefits before stating the price, so must you. Which level should you open your bidding with must, intend or like. You should aim to make the highest defensible bid, because the only way to go from there will always be down. Negotiators lacking confidence will start from intend out of embarrassment that their like position will cause offence or not be taken seriously. This may be because the level has been set wrongly, as a result of poor planning. More often, it is just a function of confidence. Bids should be made firmly, without justification or apology. You have to look like you mean it. Remember the poker player who aims to give the minimum away as to the quality (or otherwise) of his/her hand.
Counter Bids
Generally speaking, after hearing out the bid of the other person, you are more likely to succeed if you table your bid, rather than simply respond to theirs. For this reason you must respond to bids with counter offers, rather than criticisms of their position. Criticism is perceived as aggressive and will not be received well. If you do not make a counter bid, then your opponent will have set the negotiating benchmark, which is probably their like position, and therefore right at the least favourable limit you have set yourself. By tabling your like position, you have placed a second benchmark and effectively marked out the field of play.
Time Out
However, if a counterparts bid takes you by surprise, you may have difficulty coming back immediately with your own position. For this reason, dont be afraid to assert your right to take time out to consider their offer or your position. Most people are afraid that taking time out could be seen as a sign of weakness. This is a small price to pay for the time it gives you to:
Evaluate the bid Consult with others Consider counter bids
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Negotiation Skills
And remember while you are taking time out, the counterpart can only sit and wonder what you are going to do.
Stage 3 Bargaining
This is the point at which the proverbial gloves come off. The ice has been broken, the objectives set and the initial positions established. Even if you are unhappy with their opening bid, avoid lapsing into confrontation. Instead be calm, positive, patient and persistent. If the gap is substantial you will have to consider the need to shift your ground as long as they shift theirs too. It takes two to tango. You must therefore be prepared to accept concessions and to require counter-concessions.
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Negotiation Skills Others have the ability to slip off on tangents or get lost in detail. They are frequently fairly thick skinned and can be herded back on course. Good techniques to use include:
Confirming that you understand their point Remind the meeting of time constraints in relation to the agenda Refocus on the next agenda point
Two meetings in one During team negotiations, there is a danger that the meeting may splinter with individuals starting up their own sub groups. This is a problem that will only get worse if you do not act rapidly. A useful sequence of interventions include:
Pausing and making eye contact with the sub group members Asking them to share their ideas with the meeting Restate the importance of the objectives and point out that more will be achieved if only one person speaks at a time.
Using the threat of running out of time can rein in pointless deviation from the subject in hand. However, in a heavy meeting, the occasional moment of lightness can help to refresh the mood. Dealing with argument A negotiation will often involve a certain amount of heat and this may translate into prolonged argument. Once again, it is important to act fast to prevent this souring the atmosphere and wasting time. A strategy for dealing with someone who is arguing unnecessarily is to: Address the person who is making the argument. Restate the gist of their position in your own, less inflammatory words. You may need to repeat this for each person involved in the argument. Return the meeting to the agenda while noting that the points made are valuable and may benefit from airing again later. Body Language During this key period of the negotiation, it is useful to tune yourself into the body language of those involved. If someones body language is expressing a different view to what they are actually saying, the gap between the two can be very instructive. For example, a look of anxiety while turning down your bid would indicate that their position is softer than it might appear. Try to control your own body language too!
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Negotiation Skills Phrases to avoid There are few statements you must never make. And if other people say them to you, just remember they are all lies. The include Trust me; Ill be honest with you or Take it or leave it Do not allow yourself to be put off by these clichs. Unskilled behaviour
irritators immediate counter-proposals defence/attack spirals diluting the argument signalling immediate disagreement
Skilled behaviour
stating reasons for disagreement prior to disagreeing testing & summarising implementation concerns seeking information statements about feelings pausing for reflection
Trading Currencies
The solution to any negotiation often lies in giving away something that you do not value, but that the other party does. Negotiations can often seem to founder on price, but trading currencies are seldom money. What do we mean by a trading currency?
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Negotiation Skills A classic example in the buying and selling of houses are curtains and carpets. To the vendor they are of doubtful value as they are unlikely to fit the house they are moving to. But to the purchaser they are very valuable - to replace them would be very expensive and they are already fitted. So any gap between the price the vendor is seeking for the house and the purchaser is hoping to pay can be filled with the notional value of the carpets. The vendors are happy as they have not given real money away, and the purchasers are happy as they are getting a house full of carpets and curtains for a relatively modest sum. Trading currencies can be almost anything that can be turned into a variable within the terms of the negotiation. Examples can include: TIME For one party a rapid conclusion may be more valuable than it is to the other. EXTRAS Optional frills are worth much less to the supplier (who sees the actual cost of them) than they are to the purchaser (who sees the retail price of them). Giving away extras can be much cheaper than discounting. STATUS In pay negotiation, status is a currency that can make a staff member appear to have gained a lot from their negotiation with management. In the trade-off between more money and more status, many people will give a lot of ground in return for more status. In all cases, the negotiating strength lies with the party for whom the trading currency is of lower value. Once you have identified those currencies the trick is to tie a concession in that area with one that involves a currency of higher value to you. `I would be able to begin the project on the date you would prefer if you can sanction the additional staff needed' The value of trading currencies is their ability to mean different things to different people. This is part of the key to providing for a `WIN-WIN' outcome. In summary the key principles are:
Always seek clarification Maintain priorities Trade concessions
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Negotiation Skills
Proceed in a measured way
Task! What are the key trading currencies available to you in your normal negotiations either internally or with external customers and suppliers?
Stage 4 Settling
Dont be afraid to say yes to aspects of counterparts bid, even if you cannot accept the whole thing. Reach preliminary agreement on individual issues as you proceed, gradually building a workable solution. Pull things together in a short but critical phase near the end. Go briskly through the all the points of agreement. Hold your nerve to extract final concessions. Then confirm points of agreement and agree follow-up actions.
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Negotiation Skills
Conclusions
Negotiation is a professional game; it is not simply about force of personality or nerve. It is a game with rules. The key points to remember from this knowledge pack are that you must prepare thoroughly and be clear about your objectives, their levels and the limits they impose. Open the negotiation positively and stay flexible. Remember, both sides must win for the negotiation to be a success. Finally, as many political negotiations show, it isnt over til its over. Never give up. 1.
Review
This chapter focuses on a key communication skill which combines a number of areas of behavioural competence. We begin by defining negotiating and why it is such an important part of life from personal life through to global politics. We explore the reasons why we need to negotiate and the features of a negotiation itself. We also draw out the differences between negotiating and persuasion. The key concerns of the chapter are what actually takes place in and around a negotiation and we employ a three phase model for this. In the planning phase, we look at how to identify the key issues and the need for background research. Based on this knowledge, we can then set appropriate objectives and begin to understand those of our counterparty. Once the planning phase is complete we are able to move into the negotiating phase which involves stages of exploration, bidding, bargaining and settling. Finally we explore the consolidation phase which ensures that the negotiated agreement is fulfilled and used positively.
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Bibliography
Swim with sharks without being eaten alive, Harvey Mackay Selling for Dummies, Tom Hopkins, IDG Negotiating for Dummies, Michael D Donaldson and Mimi Donaldson, IDG Getting ready to negotiate: the getting to yes workbook, Roger Fisher and Danny Ertel Barbarians at the gate: the fall of RJR Nabisco, Brian Burroughs and John Helyar The Negotiator, Frederick Forsyth - a novel, but full of useful principles. The Program on Negotiation at Harvard Law School. A website to investigate at: www.harvard.edu/vine/providers/program_on-_negotiation/. Writing and Speaking at Work, Bailey, E. (1999) Prentice Hall, Paramun, NJ Business Communications, Nickson, D. and Siddons, S. (1996) Butterworth Heinemann, Oxford Business Communications A cultural and strategic approach. Rouse MJ and Rouse S, Thomson Learning (2002)
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