Negotiation Prowess : From Arena of conflict to Arena of Win- Win

Since ancient period , negotiation has occupied a pivotal position in various aspects of human
interaction, trade and diplomacy .It is the hallmark of an effective negotiator, which further facilitates
social transaction between two parties. With slow development, negotiation was conducted through
face to face meetings, often through verbal discussion and written treaties. Negotiations are a vehicle of
communication and management. It is a dialogue that is supposed to create an agreement or to resolve
a disagreement. The diverse ancient civilizations were engaged in trade territorial dispute peace treaties
and alliances.

Negotiation can take a wide variety of forms, from a trained negotiator acting on behalf of a particular
organisation or position in a formal setting, to an informal negotiation between friends. Negotiation can
be in the distributive form which employees a combination of guile, bluffing and brinkmanship in order
to cede the ‘fixed pie’ .On the other hand, integrative form which attempts to improve the quality and
livelihood of negotiated agreement. The later is also known as win - win negotiation. These can be
achieved through planned means or tactics.
The art of negotiation from western perspective

It often views negotiation as a process of strategic communication as Fisher and Ury defined it as a
“basic means of getting what you want from others.” (Getting To Yes,1983) . Western Negotiation
emphasizes upon the creation of values and seeks outcomes where all parties derive significant benefits
.They also have a strong emphasis on the negotiation preparation as Dwight D. Eisenhower in his work
asserted “In preparing for battle I have always found that plans are useless but planning is indispensable.
At the same time, they are employed by the idea of individualism and BATNA.

“ A nation forced to rely on kindness of the neighbouring state is weak and , unless it can change
rapidly, doomed to destruction as well” (- Thucydides, Melian Dialogue)

Negotiation: An Oriental Perspective

This perspective have been deeply rooted in the cultural roots of the society. Eastern culture ranging
from Confucius to Buddha, prioritised harmony and relationship building in negotiation which embodied
a long term perspective. The Oriental concept tense to lean upon non adversarial approach. Rather than
viewing negotiation as a win – lose scenario, they believed in mutual gain. Sun Tzu in “ The Art of war
and Negotiation (5th century BC)“ asserts that “ strategy without tactics is the slowest route to victory
“.The Chinese word for negotiation—tan pan—combines the characters meaning “to discuss” and “to
judge.” The decision-making process and authority can vary by culture but all Asian cultures have a top
– down or consensus-driven decision-making styles.
Negotiation in India : Ancient to Modern

Throughout the centuries, building cordial relations have been a foundational deal among the Indian
folks. They considered building such relation that have immediate response and long term implications.
This requires patience and time flexibility to maintain the same. Ancient text such as Manusmriti , states
that war should be avoided through negotiation and reconciliation. It also includes soft and hard tactics
that the king shall adopt to conduct diplomacy efficiently. As Manusmriti, Arthatshastra (Political realism)
advocates that against a powerful enemy conciliation should be tried first followed by bribery and
discussion .If all fails, coercion shall be adopted. Apart from this, negotiation was also adopted under the
working of Sabha and Smitis ,in order to arrive at a common consensus.

Buddha elucidates negotiation as

‘भोगे संहरमानस्स, भमरस्सेव इरीयतो। भोगा सन्ननचयं यन्नत, वन्ममकोवुपचीयतत॥

This could mean honey is the outcome, like a bee the negotiator should be in relationship with flowers.
The bee gains from the flower and the flower remains as radiant as ever after the bee has visited. The
bee doesn’t buzz off and leaves the flower in absolute wreck or ruins it. The aroma of flower remains as
it is, the negotiator has just taken the essence of flower and converted it in Honey (Source: JSTOR:
Buddhism after Mai: Negotiation, Continuities and Reinvention)

He believes one shall acquire such skill which enable them to be सचचत्तपररयायकुसलो भववस्सामी,
(meaning - who is not skilled in the ways of others’ minds? ‘I will be skilled in the ways of my own mind.)

Modern period

In the era of globalisation, India has been involved in cross-cultural exchange. The modern approach
emphasized upon an environment full of collaboration and win – win outcomes. At the same time, there
has been an increased emphasis on ethical negotiation and compliance with legal frameworks which
further facilitates solutions to compliance issues and risk mitigation. Dr S. Jaishankar in an ANI podcast
with Smita Prakash (February 2023) viewed “negotiation as way of constructing fair and balanced” pact
through strategic dialogue exchange. India’s negotiation style is distributive in its nature.
BATNA: A Rescue tool of Negotiation?

BATNA is an acronym that stands for Best Alternative To a Negotiated Agreement.

It is defined as the most advantageous alternative that a negotiating party can take
if negotiations fail and an agreement cannot be made. In other words, a party’s
BATNA is what a party’s alternative is if negotiations are unsuccessful. The term
BATNA was originally used by Roger Fisher and William Ury in their 1981 book
entitled “Getting to Yes: Negotiating Without Giving In.” It is often used
in negotiation tactics which further facilitates the power to determines your
reservation point (the worst price you are willing to accept).This is a technique that
helps us determine and secure the best alternatives in a negotiation, with the aim
of being prepared to face any scenario and reach the most profitable agreement
possible.

CONCLUSION

Negotiation focuses upon building effective speaking, listening, reducing misunderstanding, problem
solving and maintaining cordial ties. Unprepared negotiation has no place hide when across the table
from someone who has prepared and is looking into the eyes of someone who hasn’t .In India,
negotiation with a blend of traditional values, global best practices and a proactive approach in
addressing the challenges of the contemporary period.

As Cicero, chief “fixer” in ancient Rome, might have put it:

Ex praeparato, nil desperandum.

In other words, if you prepare well, you’ll have nothing to worry

about. (source : Negotiation: an A-Z guide by Gavin Kennedy)