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Negotiating to Win
Understanding structured negotiation and ensuring certainty
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Participants Introduction
Participants kindly state the following: Name p y Area of responsibility Knowledge about Negotiating Expectations from the Training
House Rules
Be punctual Smoking is not allowed inside the Seminar Room As much as possible, avoid eating while session is going on. Participants are allowed to receive and make phone calls during breaks (except for emergency cases). Please turn-off mobile phones or put it to silent mode. Answer your calls outside the Seminar room In case of urgent matters requiring your presence, please do inform the facilitator / training staff before leaving
2010 by ECC International All rights reserved. No part of this material shall be reproduced, stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from ECC International.
DAY 1
Introduction and Overview Negotiation & Its Concepts Effective Communication in Negotiations The Major Types of Negotiation The 7 Critical Elements to Successful Negotiation The Structured Negotiation Process Preparation Proposal Bargaining Close Planning for the Action
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DAY 2
People and Negotiation Types of Negotiators Understanding and Assessing Personality Profiles Handling different profiles Team Negotiations Concepts and Best Practices Moving from Reactive to Proactive: Taking Control of Negotiation Power, Persuasion and Positional Bargaining Developing Relationships Ensuring Success through Creativity
2010 by ECC International All rights reserved. No part of this material shall be reproduced, stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from ECC International.
What is NEGOTIATION?
Why Negotiate?
If the reason for negotiation is seen as 'beating' the opposition, it is known as 'Distributive negotiation'. Negotiation, in a business context, can be used for
selling, purchasing, staff (e.g. contracts), borrowing (e.g. loans) transactions,
and with anything else that you feel are applicable for the business..
Considering the outside options coming in the future Considering the impact of other concurrent negotiation threads
Single-threaded negotiations
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When the buyer acts both reactively to the realized outside options, and proactively to the possible arrivals based on the prediction information, this is called dynamic multithreaded negotiations.
It builds on the synchronized multi-threaded model but introduces uncertainty to the threads.
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Negotiation means.. To confer or concur with another or others in order to come to terms or reach an agreement or a end result / goal. To arrange or settle by discussing and making a mutual agreement to meet the end result or goal.
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people involved in the negotiations and any constituencies they represent are able to work with one another once the process is concluded.
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Characteristics of Negotiation
Interests of parties may conflict or disagree Usually a face to face and oral process No one person knows all the facts Parties expect to reach an agreement or a temporary resolution No hidden agenda Failure to reach agreement may be an acceptable solution
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Factors in Negotiation
Negotiation goals Attitude to negotiation Personal styles Styles of communication Time sensitivity Emotionalism Agreement form Agreement building press Negotiation team organization Risk taking
Contract or Relationship Win / Win or Win / Lose Formal or Informal Direct or Indirect High or Low High or Low Specific or General Bottom Up or Top down One Leader or Consensus High or Low
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What is Communication? Communication is the exchange of information between entities, which can be people, animals or even machines. Information is sent out that someone or something senses, processes and interprets. A response may be given, resulting in a back-andforth communication.
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Goals of Communication
The goal and mission of communication is to build on emotional connection and form a partnership with your client. Build rapport, as opposed to resistance Non-verbals are 80% of the perceived message Remember that actions speak louder than words Gather information and focus on facts Suspend judgment of the person Acknowledge their emotions Try to hear the unspoken meaning of what the person is saying. Cue yourself to listen if your mind starts to wander Ask questions if you do not understand
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Untrained Listeners Tune others out, prejudges. Quick to mentally criticize grammar/speaking style Try to talk when they should be listening Listen for facts and errors to prove others wrong Try to reply to everythingexaggerations and errors Fake attention
Trained Listeners Defer their judgment, listen for feelings and facts Pay attention to content Listen completely first, make people feel valued Listen for main idea, disregard minor points Avoid sidetracking and sarcastic remarks Give themselves internal cues to listen
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Untrained Listeners Try to do something else while listening Give up too soon Demonstrate by emotional words, lose their temper Give little verbal response Unaware of talking/listening speed limits mismatch Are impatient to get on with it
Trained Listeners Realize listening is a fulltime job keep eye contact Listen carefully, give feedback, ask confirmation Feel their anger, but control it Make affirmative statements Maintain patience while listening Listen for emotions.
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Principles in communicating assertively: Demonstrate attentive listening behavior Demonstrate an assuring manner, communicating caring g and strength g Remain as relaxed as you can. State clearly what it is that you want State honestly how you feel about the topic
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Words to Avoid You have to I want you to Ill try, but Would you mind Why don dont t you you But Its not our policy. You cant. Its required.
Words to Use Will you Willing I am It works well when Ill I ll do it. it Can you tell me about the difficulty youre having What would you like us to do? What will work best? Let me take care of that for you.
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Words to Avoid Its necessary. Whats your problem? I cant. I cant help you. You should have All we can do is Its our policy to I dont know. Im new here. We have a problem.
Words to Use Give me a few minutes and Ill check up on this. I apologize for the misinformation. Our hands are tied by the law, but heres here s what I can do. do Lets take care of this right now. Let me find out for you. Although Im new, Ill get someone to help you. How may I help you? If I cant help you, I know who can.
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Distributive Negotiation
Win-lose, zero sum, constant sum A peso more to one side is a peso less to the other Carpet sale where buyer and seller have no relationship Wage negotiations between business owners and union employees Cards are played close to your vest
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Play your cards close to your chest The opposite is equally true The only thing you should ever tell Let them make the first offer Be realistic
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other party.
Convey y a willingness g to share information with the other
party.
Show a willingness to ask concrete questions of the
other party.
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Constructive behaviors Reaching integrative agreements depends on the negotiators ability to:
Separate the people from the problem. Focus F on interests i t t rather th than th positions. iti Avoid making premature judgments. Keep alternative creation separate from evaluation. Judge possible agreements on an objective set of
criteria or standards.
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Good information
Each negotiation party must know what he/she will do if an
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2010 by ECC International All rights reserved. No part of this material shall be reproduced, stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from ECC International.
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Working Assumption: Focusing on interests rather than positions increases our chances of achieving a good outcome. a. We tend to focus on positions, not interests b. We assume that all of our interests are opposed c. Focusing on interests facilitates creative problem-solving d. Consider the following guidelines: When preparing, focus on interests Focus the negotiation discussion on interests, not positions Think of positions as clues Use leadership
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Working Assumption: It is in the interest of each party in a negotiation to try to invent options for mutual gain. a. b. c. d. The Problem "Either/or" thinking is seductive and destructive Inventing can seem dangerous Consider the following guidelines
Assume that the pie is expandable Use our understanding of the relevant interests to guide our inventing Separate the process of inventing from the process of deciding Use the Circle Chart
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5. COMMITMENT Commitments are oral or written statements about what a party will or won't do. It may be made during the course of a negotiation or may be embodied in an agreement reached at the end of the negotiation.
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Working Assumption: Each party to a negotiation gains by creating b ti and d maintaining i t i i clear l t two-way communication. i ti a. Problem: Negotiations are often plagued by misunderstanding b. Cause: When we communicate, we focus on telling them what we think c. Approach: Aim for two-way communication
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7. RELATIONSHIP Improved the ability to working together Note that the most important negotiations are with people l or i tit ti institutions with ith whom h we h have
negotiated before and will be negotiating again. Ability of dealing with differences
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1. Preparation
2. Proposal
4. Closing
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1. Preparation Stage
Clarify objectives and expectations Clarify priorities Have Ha e a strong opening position Assemble the data needed Assess the opposition
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S M A R T
pecific and Stated Simply easurable and can be Monitored tainable and Achievable elevant and Realistic ime-phased and Time-bound
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TIME WASTER
ARGUMENT BUILDER
COMPROMISE
BREAKDOWN
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The Objective
To create an immediate interest for further discussion engage the prospect.
The Method
Work through the following using pen to paper or fingers to keyboard What do I sell? (answer in the fewest words possible)
VISUALIZE! THEN VERBALIZE! DONT BE VICTIMIZED!
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These phrases may be used at other times during the negotiation process, but they have no place in the opening statement
How are you today? Id lik like t to l learn a littl little more about b t your b business i t to d determine t i Were the leading provider of We work with several of your competitors such as... Id like to see if there are some ways we might work together. Is now a good time to talk? Did I catch you at a bad time?
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Strengths-Threats
Opportunities-Weaknesses
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Negotiators take their own perception of reality as the key to agreement. Negotiators assume their perceptions of reality are the same as those of the other party. Negotiators recognize that the other parties perceptions of reality are different from their own, but conclude that theyre wrong or irrelevant.
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Listen carefully to the other party Leave room for maneuvering Feel free to reject the first offer made Make conditional offers Probe the attitudes of the opposition
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X X X X X
Make too many concessions at an early stage Make you opening offer so extreme that you lose face by climbing down Say never never Answer questions directly with a simple yes or no Make the opposition look foolish
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TACTICS
COUNTER-TACTICS
Making threats
Inform the other party that you cannot negotiate under pressure/ threat and concede only if they can validate the merits of the case. Relax, stay calm and do not retaliate back. Restate your position firmly and warn that negotiations will proceed only in a more constructive atmosphere. Call their bluff, wait for a reaction and ask for evidence to support their claims.
Offering insults
Bluffing
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Using intimidation
Avoid being coerced as a result of lack of confidence. Drop your terms only if you gain concessions in return. Brief members in advance and agree g on an acceptable position. Call for an adjournment if differences in the group signal the loss of the position. Avoid responding if you do not know the agenda behind the question.
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TACTICS
COUNTER-TACTICS
Constantly affirm your commitment. Test the validity of manipulative questions to lead the opposition back to the issue at hand. Everyone should know exactly what you are agreeing on. Write the worded statement to bind the parties to the issues.
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Dealing with unhelpful behavior of the other party Knowing your roles Using conflict to your advantage
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1. The Confused Negotiator g 2. The Indecisive Negotiator 3. The Aggressive Negotiator 4. The Emotional Negotiator
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Confused Indecisive
Visual aid avalanche; Sentence clearing; Step-bystep approach. Reiteration avalanche; Review, adjourn and meet at another time; Present the same ideas in a fresh manner. Reiteration avalanche; Keep calm and avoid hurting words/ violent tone; Emphasize that aggression is not your style; Adjourn until temper cools. Do not overtly challenge the motives; Allow the person to finish until he/ she tires then use the oppositions last salvo to introduce your own.
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Aggressive
Emotional
1. The Leader 2 The Good Guy 2. G 3. The Bad Guy 4. The Hard Liner 5. The Sweeper
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RESPONSIBILITIES Most senior/ with the most expertise. Leading the team and making most of the important decisions. The bait. Expresses sympathy for the agenda of the opposition to create a false sense of security. The dam. Stopping the negotiations when needed. Undermining the arguments of the opposition and intimidating the opponents. The short circuit. Delays progress through stalling tactics. Records progress and keeps the team on track. The gatekeeper. Brings the team out of a deadlock. Points out inconsistencies in the opponents arguments.
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INDICATORS RUN AWAY! You completely withdraw from conflict as if it does not exist. I GIVE UP, LETS DO IT YOUR WAY! You put aside your goals and basically give in, although inside you are frustrated and angry. MY WAY, OR THE HIGHWAY! You force your point until the other party eventually gives in. MEET YOU IN THE MIDDLE! You give up something and so does the other party, but neither one is satisfied. LETS DO IT TOGETHER! You and your investor work together to find a solution that satisfies both of you.
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Analyze your right to close Seize opportunities to close Know the techniques for closing
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1. Expertise on the subject. 2. Personal commitment to the subject. 3. Personal commitment to the other party. 4. Honest/trustworthy character. 5. Dynamism and energy. 6. Institution/company represented.
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This is a unique combination framework that puts together the best of many other approaches to negotiation. Prepare Open Argue Explore Signal Package Close Sustain Know what you want. Understand them Put your case. Hear theirs Support your case. Expose theirs Seek understanding and possibility Indicate your readiness to work together Assemble potential trades Reach final agreement Make sure what is agreed happens
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DAY 2
People and Negotiation Types of Negotiators Understanding and Assessing Personality Profiles Handling different profiles Team Negotiations Concepts and Best Practices Moving from Reactive to Proactive: Taking Control of Negotiation Power, Persuasion and Positional Bargaining Developing Relationships Ensuring Success through Creativity
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The Sharks
Their perception is that in all negotiations, there must be winners and losers. To ensure that they wont be the losers, sharks move in for the kill, striving to get as much as they can in every case, regardless of the cost. When negotiating, negotiating the sharks sharks basic nature is to take over or trade off. It is difficult to negotiate with sharks because they lack the ability to use creative strategies. They are unable to try anything different or learn from their mistakes. Their attitude of scarcity dictates their actions and reactions.
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The Carp
Carp do not like any type of confrontation, so their normal response in negotiating is to give in or get out. People who always get out and avoid negotiations become beco e cut o off a and d isolated. so ated The give in strategy is even worse--people who constantly give in eventually have nothing left, and are eaten alive.
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Dolphins know that the win/win strategy is ideal in negotiation, there are times when they will deliberately use a win/lose strategy.
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BATNA (Best Alternative To a Negotiation Agreement) Reservation Price ZOPA (Zone Of Possible Agreement) Value Creation through Trades
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Best Alternative to a Negotiated Agreement (BATNA) Typical example: negotiate or go to court Improving your situation Improve your BATNA Identify the other sides BATNA Weaken the other partys BATNA
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The least favorable point at which one will accept a deal The walk-away Example: you are looking for larger office space. You set your BATNA at $20/SF $ and your Reservation Price at $30/SF
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ZOPA Zone of Possible Agreement (ZOPA) The difference between the sellers reservation price and the buyers reservation price What happens if positions below are reversed? $250k ZOPA $275k
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Parity in Power Interpersonal Power Legitimate Power Reward Power Coercive Power Expert Power Referent Power
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Parity in Power
In negotiation, parity of power is the perception that the other side possesses the ability to counter any form of power. Parity in power refers d l deployment t. to balance in power
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Interpersonal Power
REWARD POWER Reward power is used to back up legitimate power by the use of: Non-verbal rewards, e.g., Giving individuals in the other party more space at the table Nodding of the head to indicate approval and acceptance Eye contact to indicate attention Open and non-aggressive gestures to indicate acceptance and respect. Rewards could also take the form of verbal promises of financial benefits to be gained by establishing a relationship.
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Interpersonal Power
COERCIVE POWER Coercive power is the opposite of reward power. It is the ability of the power holder to take something away from the target person or to punish the target for non-compliance with a request.
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Interpersonal Power
REFERENT POWER Based on the charisma of the person. Charisma is a term used to describe the magnetic personalities of some politicians, entertainers and sports figures. Referent (or personal) power is based on the target's attraction to the power holder - liking, perceived similarity, admiration, desire to be close to or friendly with the power holder.
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3. Law of Liking
Establish rapport by demonstrating how similar they are to their potential buyers. Using the Law of Persuasion This law is often seen in the strategy of good cop, bad cop. You need to identify with and trust the good team member, so you may find yourself agreeing to the other teams concessions and goals instead of your own.
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5. Law of Authority
This is the law that uses celebrity endorsements or expert testimonials. Using the Law of Persuasion p say y our p product is the best. Experts But who are these experts? What are their qualifications to make these claims? Do they have a vested interest in selling the companys products or services? In addition, use this Law to establish your own credentials/ credibility early in the negotiation.
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Developing Relationships
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Negotiation Relationships
Businesses have evolved and changed in how they conduct business. Lower levels of management and employees are now given more responsibility and authority. There has been evolutionary change in interaction to achieve more cohesive and durable partnerships.
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1. Taking future considerations into account 2. Give some - get some in return 3. Creating trust moves us further ahead
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When you approach a negotiation with the right attitude, it takes the pressure off of both parties. The right attitude is to create a win-win situation. R Remember b that, th t If one party t is i only l in i the th process for f themselves, a resolution will be difficult to come by.
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2.
Listening skills
Your ability to ask the right questions, and listen to the answers, is your #1 most important negotiating skill. A skilled negotiator enters a negotiation with a questioning mindset. Learn what your customer needs, wants, what makes them successful, and how you can sell to them.
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3. Creativity
This relates to creative problem solving. When you're approaching a negotiation as a win-win situation and you're listening to the needs of the other party, p y, creative p problem solving g can help p design g a solution that meets everyone's needs. Negotiation is about more than winning the highest contract.
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5. Research
Take the time to learn all you can about the business you're negotiating with and you'll be one step ahead to understanding Their needs Concerns, and How you can work together to come up with a mutually beneficial solution.
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6.
If you show fear, the person or company you're negotiating with can perceive that as power over you or a lack of confidence in your business product or service.
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