Negotiation Skills
Negotiation Skills
• When we believe we can achieve more with others than without them
• When we interact with someone because we want something from him or her or we
want him or her to take something from us
• Technology:
o The rise of e-commerce, especially online auctions, and trading, has created a
new realm for buying, selling, and otherwise doing business.
o Technology brings customers much closer to organizations, thus increasing the
incidence of negotiating to secure and maintain productive relationships with
them.
• Workplace:
o Organizations have become less bureaucratic and flatter with fewer layers of
managers and employees in their hierarchies.
o People change jobs, and even careers, more often than ever before.
o Domestically and internationally, organizations are increasingly using team-
based work processes, and many of these teams are devoid of formal leaders.
o The workforces in the U.S. and other countries are becoming more diverse, and
demographic trends suggest this will continue.
o The decline of union membership in the U.S. (Budd, 2010) means that unions
are now negotiating employment packages for far fewer employees.
o Managers spend a substantial amount of their time at work dealing with
employee conflict or helping other managers deal with conflict.
o Like conflict, organizational change is ubiquitous and must be managed to be
successful.
o When businesses expand their operations overseas, they sometimes do so by
forming joint ventures or strategic alliances with a company in the host country.
o We negotiate with others if we need their cooperation and we cannot command
them to do something.
7. Shadow Negotiation
• The subtle games people play, often before they even get to the table.
• It is not about the ‘what’ of the negotiation but the ‘how.’
• It involves jockeying for position. This includes:
o using strategic moves to ensure that the other party comes to the table and gives
your interests and proposals a fair hearing
o using strategic turns to reframe the negotiation in your favour if it turns in an
unproductive direction
o using appreciative moves to build a stronger connection with the other party to
develop a shared and complete understanding of the situation and a more
productive negotiation
• Identify the settlement ranges or zone of possible agreement (ZOPA) (the range
between your resistance points)
• Understanding the other party’s perspectives helps anticipate objections to your
proposals
• The dilemma of trust - the other party may take advantage if you believe too much of
what he or she tells you, but you may not be able to reach an agreement if you believe
too little
• The dilemma of honesty - the other party may take advantage if you share too much
information, but you may not be able to reach an agreement if you share too little
• Negotiators who chat share more information, make fewer threats, and develop more
trust and respect than pairs who do not
• Discussing matters that are indirectly related to the issues you plan to raise will help
you complete your foundation
• Efforts to analyse the other party involve making estimates, assumptions, educated
guesses or even hunches
• We are susceptible to making and being influenced by first impressions
If your preparation and testing of assumptions have given you a reasonably clear understanding
of the ZOPA, or if the situation you are negotiating is so familiar that you have a reasonable
understanding of it, you should be able to make an accurate estimate of the other party’s
resistance points.
• First offers anchor the negotiation and these anchors are strongly correlated with final
outcomes
• If the other party does make the first offer, respond immediately but thoughtfully
• Most people bargain distributively
• The final outcome of any negotiation is typically the midpoint between the first two
offers that fall within the ZOPA
• Opening offers are rarely accepted in negotiations
Hardball tactics are used to pressure negotiators into doing things they otherwise would not do:
• Bogey
• Good Cop-Bad Cop
• Intimidation and Other Aggressive Behavior
• Lowball-Highball
• Nibble
• Snow Job
• Selective Presentation, Deceiving and Bluffing
• Concealing and Distorting Information
The following suggestions can help when you execute the distributive negotiation strategy:
• Used when you want to solve problems in a way that works for both sides
• The strategy to use when highly concerned with your outcomes and those of the other
party
• Defining the situation, interests and rapport building assume greater importance when
you negotiate integratively
• Defining the situation helps determine what you will be negotiating, your goals and all
the issues that must be addressed to produce a complete solution
• The other party must develop a shared understanding of the situation
• Interests - the primary focus of integrative negotiators
• There is only one way to satisfy a position – you get it or you do not
• Building rapport also assumes greater importance
• Cooperation and information sharing help negotiators develop:
o a shared understanding of the situation
o identify interests
o invent solutions that satisfy them
• Separate the person from the problem and the role of communication - ‘Separating the
person from the problem’ requires negotiators to create a free-flowing exchange of
information that helps them gain a clearer and deeper understanding of the situation. To
achieve this:
o Ask open-ended and probing questions to gather information and to clarify what
has been said
o Engage in active listening
o Talk about the impact of the problem on you
o If you disagree with something that is said, critique its merits
o If the other negotiator does not seem to understand what you are
communicating, reframe it
o Look forward - not back
• The role of emotions - Negative emotions cause negotiators to:
o pay less attention to the other party’s interests
o diminish the accuracy of their judgments about these interests
o lead to the use of less cooperative strategies and the creation of less favourable
outcomes
o less compliance with the terms of the agreements that are reached
o less interested in having future interactions with the other party
Managing emotions:
o Recognize and understand that emotions are an inevitable part of the bargaining
process
o Do not attack the other side even if you think it might feel good to do so because
of the way he or she is behaving
o If the other party is very emotional, allow him or her to vent his or her
frustrations but do not react to them
o If your emotions are strong, do the same things
o If he or she attacks you, recast it as an attack on the problem and not you
o Taking a short break might help
• The role of perceptions:
o Our own point of view makes it very difficult to process and evaluate
information objectively
o Viewing the situation from the other party’s perspective is very beneficial
because it enhances problem solving and facilitates efforts to achieve integrative
agreements
• One of the critical ingredients for getting to yes is helping the other party understand
why or how your offers satisfy his or her interests
• Closing begins when you prepare because you are likely to craft at least some of your
proposals while you are preparing
• It is appropriate to close the deal when you are confident the other party understands
that the value of your offer exceeds its cost
• Asking open-ended questions about your proposal, or more specific questions about
particular features of your proposal, will help you discern where he or she stands
• A decrease in the number or intensity of objections provides more insight
• If he or she acknowledges that your proposal has potential after initially indicating it
would be impossible to accept it
• If the nature of the other party’s questions changes from concerns about whether your
proposal will satisfy his or her interests to how it will actually work when it is
operational, it may be possible to close the deal
• Comments such as, “I like that size,” or “That will get the job done,” or “The price is
lower than I thought it would be” or “I did not realize you delivered every day” are all
signals that the other party may be ready to close
• Trust and integrity are important components of both ethical business practices and
ethical negotiations
• Negotiation is a process of potentially opportunistic interaction by which two or more
parties with some apparent conflict seek to do better through joint action than they could
otherwise
• Ethics is the study of interpersonal or social values and the rules of conduct that derive
from them, manipulation, truth telling and withholding information are at the core of
what is or is not ethical in negotiation
• How much we value our personal integrity will influence the ethicality of the tactics we
use
• Most ethically questionable behavior in negotiation is about withholding information
and truth telling
• Deceptive or other ethically questionable tactics may enhance a negotiator’s power
• Negotiators who have more to gain by lying are more likely to do so, and those with
less power use more deceptive tactics and lie
• Personal motives:
o Negotiators with a competitive orientation are more likely to misrepresent
information
o Negotiators misrepresent or omit information more if the other party appears to
be trustworthy because the chances of being caught are small, and the costs if
they are caught are low
o Those who have failed in prior negotiations will use whatever means are
available, including deception, to redeem themselves
o Negotiators who have been victimized by the other party’s use of unethical
tactics will be disappointed with the loss, angry and embarrassed at being duped
o The prospect of positive reinforcement probably explains why negotiators who
expect to be rewarded for using unethical tactics do so
• How ethicality is assessed:
o Utilitarianism argues that an action is ethical if it produces the greatest good
(happiness) for the greatest number of people affected by it
o Social contract ethics argues that an action is ethical if it is consistent with or is
grounded in the community’s social norms that govern the interaction
o Advocates of these two frameworks are more likely to use ethically questionable
tactics
• Ethical frameworks:
o The rights and duties framework - People are governed by certain universal
rights, and these rights impose upon themselves and others a corresponding
duty. Breaching these rights and duties is unethical.
o The fairness and justice framework - Similarly situated people should be treated
similarly in terms of the allocation of rewards and burdens, and in terms of the
process that is used to determine the allocation.
o Advocates of these more rule-based frameworks are less comfortable with, and
less likely to use, ethically questionable tactics.
• Consider what a good outcome would be for you and the other side
• Identify potential value creation opportunities
• Identify your BATNA and reservation price, and do the same for the other side
• Shore up your BATNA
• Anticipate the authority issue
• Learn all you can about the other side’s people and culture, their goals, and how they
have framed the issue
• Prepare for flexibility in the process – do not lock yourself into a rigid sequence
• Gather external standards and criteria relevant to fairness
• Alter the process in your favour
1. Assuming any situation, explain the concept of interest-based negotiation and position-
based negotiation.
Integrative negotiation is a type of negotiation strategy where both parties work together to
create a mutually beneficial solution to their problem. It involves collaboration, active listening,
and the identification of common interests to maximize the value of the negotiation.
Example - Let us say two companies are negotiating a partnership deal. Company A wants to
gain access to Company B's customer base, while Company B wants access to Company A's
technology. Instead of taking a competitive approach where they only focus on their own
interests, they engage in integrative negotiation. They discuss their priorities and identify
potential areas of collaboration that could benefit both companies. They decide to create a joint
marketing campaign that leverages Company A's technology to target Company B's customers.
This way, both companies gain access to new customers and technology, and they both win.
Distributive negotiation is a negotiation strategy in which two or more parties try to divide a
fixed amount of resources or assets. In distributive negotiation, one party's gain is the other
party's loss. This type of negotiation is also known as "win-lose" negotiation because the goal
is to get the largest possible share of the available resources.
Example - Imagine two companies are negotiating the sale of a commercial property. The
property is worth $2 million, and the buyer has offered to purchase it for $1.8 million. The
seller is asking for $2.2 million. In this situation, both parties are in a distributive negotiation
because there is a fixed amount of money available for the sale of the property. To reach a deal,
the parties will negotiate to find a mutually acceptable price. The buyer may try to get the seller
to lower their asking price, while the seller may try to get the buyer to increase their offer. The
negotiation will continue until the parties reach a point where they are both satisfied with the
price.
2. Joyleen needs a car and is negotiating with Shalini to purchase her car. Shalini offers
to sell her car to Joyleen for rupees 2,00,000. Joyleen scours through Quickr and finds a
similar car to which she assigns a value of rupees 1,75,000. Joyleen’s BATNA is rupees
1,75,000 – if Shalini does not offer a price lower than rupees 1,75,000, Joyleen will
consider her best alternative to a negotiated agreement. Joyleen is willing to pay up to
rupees 1,75,000 but would ideally want to pay rupees 1,50,000. Explain the concept of
BATNA and ZOPA with a diagram from the caselet.
Ans. BATNA stands for Best Alternative To a Negotiated Agreement. It refers to the course of
action an individual would take if the current negotiation fails to reach an agreement. In this
case, Joyleen's BATNA is to buy a similar car on Quickr for rupees 1,75,000.
ZOPA stands for Zone of Possible Agreement. It refers to the range of options between two
parties where an agreement can be reached. In other words, it's the area of overlap between
what one party is willing to pay and what the other party is willing to accept. In this case, the
ZOPA is between Joyleen's willingness to pay rupees 1,50,000 and Shalini's asking price of
rupees 2,00,000.
3. “The more rigorous you are in preparing a detailed, specific understanding of the other
party and their perspectives, the better your negotiated results are likely to be” – Justify.
Ans. Preparing a detailed and specific understanding of the other party and their perspectives
is a crucial component of effective negotiation. This understanding allows you to identify their
interests, concerns, and priorities, and helps you to craft proposals that are more likely to be
accepted.
When you take the time to research and understand the other party, you gain insight into their
needs and preferences, which enables you to identify potential areas of agreement and
disagreement. This understanding also allows you to anticipate their responses to proposals and
to adjust your negotiation strategy accordingly. For example, if you know that the other party
places a high value on a particular issue, you can offer concessions in that area to increase the
likelihood of reaching an agreement.
In addition, a detailed understanding of the other party and their perspectives helps to build
trust and rapport, which are essential components of successful negotiation. When you
demonstrate that you have taken the time to understand the other party's concerns and priorities,
you signal that you are invested in finding a mutually beneficial solution. This can help to build
a positive working relationship and reduce the likelihood of impasses or breakdowns in
communication.
4. Explain the different strategies to follow in a job offer negotiation by a candidate when
the employer is better positioned.
Ans. When a candidate is negotiating a job offer with an employer who is in a better position,
it can be challenging to achieve the desired outcome. However, there are several strategies that
a candidate can use to increase their chances of success:
• Research the market: Before negotiating, research the market to determine the typical
salary range for the position and industry. This information can be used as a benchmark
during negotiations and can help the candidate make a more informed decision.
• Focus on value: Instead of negotiating solely on salary, focus on the value the candidate
can bring to the company. Highlight the skills and experience that the candidate brings
to the role and how they can help the employer achieve their goals.
• Be flexible: While it's important to have a clear idea of what the candidate wants, it's
also important to be flexible during negotiations. Consider alternative forms of
compensation, such as stock options, bonuses, or additional benefits.
• Demonstrate enthusiasm: Show enthusiasm for the position and the company. This can
demonstrate to the employer that the candidate is committed to the job and can help
build rapport during negotiations.
• Be prepared to walk away: If negotiations are not going well, be prepared to walk away.
While it may be difficult, it's important to recognize when the offer is not in line with
the candidate's expectations and to be willing to move on to other opportunities.
Ans. Identifying the real parties in a negotiation is crucial because it enables the negotiators to
understand the stakeholders involved and their interests, goals, and constraints. Without
identifying the real parties, negotiators may overlook the key decision-makers, influencers, and
stakeholders that can significantly impact the negotiation outcome.
Knowing who the real parties are can help negotiators develop an effective negotiation strategy
that addresses the interests and concerns of each party. It can also help them anticipate the
bargaining power and leverage of each party, which can inform their negotiation tactics.
Moreover, identifying the real parties can help prevent misunderstandings and
miscommunications that can derail the negotiation process. By engaging with the right
stakeholders, negotiators can ensure that all concerns are heard and addressed, and agreements
are more likely to be implemented successfully.
6. ‘Negotiators must manage the tension between creating value and claiming value’.
Explain.
Ans. In negotiation, creating value refers to the process of expanding the resources available
to both parties so that they can reach a mutually beneficial outcome. Claiming value, on the
other hand, refers to the process of dividing the resources that are already available between
the parties.
Negotiators must manage the tension between creating value and claiming value because these
two objectives often conflict with each other. If negotiators focus too much on claiming value,
they may overlook opportunities to create value, which could result in a suboptimal outcome
for both parties. Conversely, if negotiators focus too much on creating value, they may fail to
claim their fair share of the resources, which could result in an outcome that is unfavourable to
them.
Therefore, negotiators must find a balance between these two objectives, managing the tension
between them to achieve a mutually beneficial outcome. This requires a deep understanding of
the interests and priorities of both parties, as well as strong communication and negotiation
skills. By managing this tension effectively, negotiators can maximize the value that is created
in a negotiation while ensuring that each party claims its fair share.
7. “In an integrative negotiation all parties get what they want.” Do you agree? Give
reasons.
Ans. I do not agree that in an integrative negotiation, all parties necessarily get exactly what
they want. While integrative negotiation is focused on finding mutually beneficial solutions for
all parties involved, there may still be compromises and trade-offs that need to be made in order
to reach an agreement.
In an integrative negotiation, the goal is to identify and address the underlying interests and
needs of each party involved in the negotiation, rather than simply bargaining over positions.
This can lead to more creative and collaborative solutions that may satisfy the needs of all
parties to some extent. However, it is unlikely that everyone will get everything they want, as
there may be some conflicting interests or limited resources that cannot be fully satisfied for
all parties.
Additionally, in some cases, parties may have fundamentally different goals or values that
cannot be reconciled through negotiation. In these situations, it may not be possible for all
parties to get what they want, and a compromise or partial agreement may be the best outcome.
For example, let us consider an example of a company and a labor union negotiating a new
collective bargaining agreement. The company wants to reduce labor costs to improve
profitability, while the union wants to maintain or increase wages and benefits for its members.
In an integrative negotiation, the parties would explore each other's interests and try to find a
solution that meets the needs of both parties to the greatest extent possible. For example, the
company could agree to maintain current wages and benefits in exchange for increased
productivity from workers, or the union could agree to wage freezes or reduced benefits in
exchange for job security guarantees or improved working conditions.
However, it is unlikely that both parties would get everything they want in this negotiation.
The company may still have to make some concessions in terms of labor costs, and the union
may have to accept some reductions in wages or benefits. Ultimately, the goal of an integrative
negotiation is to find a solution that benefits both parties as much as possible, but it may not
result in everyone getting exactly what they want.
8. What are some of the ways in which framing can be used for better negotiations?
Ans. Framing is a powerful tool that can be used in negotiations to shape the way the parties
involved perceive the issues at hand. Here are some ways in which framing can be used for
better negotiations:
• Reframing the issue: Often, the way a problem is framed can affect the way people view
it. By reframing an issue, negotiators can change the way the other party views the
problem, making it easier to find a mutually acceptable solution.
• Highlighting common ground: Framing can be used to emphasize the common ground
between parties, which can help build trust and establish a shared sense of purpose. This
can make it easier to find a solution that benefits both parties.
• Shifting the focus: By changing the focus of the negotiation, negotiators can draw
attention away from contentious issues and focus on areas of agreement. This can help
reduce tension and lead to a more productive negotiation.
• Emphasizing the positive: Framing can be used to highlight the positive aspects of a
proposed solution, making it more appealing to the other party. This can help overcome
resistance and lead to a successful negotiation.
• Using language to influence perception: The language used in negotiations can affect
the way the other party perceives the issues at hand. By using positive language and
avoiding negative framing, negotiators can create a more positive perception of the
negotiation.
9. What are the four strategies the negotiators can adopt to set the stage for a successful
negotiation?
Ans. The four strategies that negotiators can adopt to set the stage for a successful negotiation
are:
• defining the situation - ensure that any outcome that you negotiate satisfies all your true
needs, and perhaps those of the other party; thoroughly investigate the situation by
gathering relevant information; other factors include nature of the interaction, other
negotiations, obligations to negotiate with this party, relative power, resources and
constraints, others who may affect or be affected by the negotiation, environment, or
context
• establishing the goals you hope to achieve – effective goals are clear, specific,
measurable, and challenging yet attainable, guide behaviour, clarify expectations and
determine priorities, suggest what information is needed
• formulating your strategy for achieving them – strategy is the plan or process by which
negotiators attempt to achieve their goals while tactics are the specific, short-term
actions that serve to implement the broader strategy; it includes identifying and defining
the component parts of the plan for yourself and for estimating them for the other party,
the component parts being issues, positions, and interests
• deciding how you will implement it
10. What could be some of the advantages of dealing with someone who does not have
authority? What would be the cautions required?
Ans. Advantages of dealing with someone who does not have authority:
• Fresh Perspective: People who do not hold authority often bring fresh perspectives and
new ideas to the table. They can offer unique insights that those in authority may not
have considered.
• Greater Flexibility: People without authority are often more flexible in their approach
to problem-solving. They are not bound by bureaucratic protocols or hierarchy, so they
can be more creative in finding solutions to problems.
• Lower Risk: People without authority are less likely to take actions that would put the
organization at risk. Since they do not have the power to make major decisions, they
are more cautious and may avoid taking risks that could result in negative
consequences.
• Improved Communication: People without authority often have to rely on their
communication skills to get things done. They are more likely to be good listeners,
collaborators, and communicators, which can lead to better relationships with
colleagues and stakeholders.
Cautions required when dealing with someone who does not have authority:
11. What are the features of distributive negotiation? What are the critical success
factors?
Ans. Distributive negotiation is a type of negotiation where parties are focused on dividing a
fixed number of resources, such as money or goods. The main features of distributive
negotiation are:
• Consider what a good outcome would be for you and the other side
• Identify potential value creation opportunities
• Identify your BATNA and reservation price, and do the same for the other side
• Shore up your BATNA
• Anticipate the authority issue
• Learn all you can about the other side’s people and culture, their goals, and how they
have framed the issue
• Prepare for flexibility in the process – do not lock yourself into a rigid sequence
• Gather external standards and criteria relevant to fairness
• Alter the process in your favour