Introduction:

Negotiation is a communication way to reach an agreement between two parties or may be

more. Most of the occasions in our life are based on negotiation which may lead to conflict
(Fisher, Ury & Paton, 2012). Enterprises normally seek to achieve the maximum business value
from their investments. Buyers & suppliers try to make the best benefit from any transaction, for
that reason both of them sit together to present their different or conflicting positions; this
process is known as negotiations (Wiley Customs, 2011). Mainly the main focus during the
negotiations is price; the suppliers are looking for more profit and the buyers normally tries to
get the best possible price. Kerzner (2001) stated that contractual negotiations are normally
turned to be conflicts at the end.

Avoiding & dealing with unethical behaviors during negotiations:
Before getting into negotiations; adequate planning, research and preparation are required to
have successful results and to meet the expected objectives. It is essential to assess the
present situations before starting and negotiations. Once you know about the current situation
and have clear understanding of the circumstances, you need to prepare for the negotiation
itself. However this will give you great confidence to proceed with the negotiation. Ethics is an
important factor in negotiations. People may use unethical approaches to reach their goals;
however, some of these approaches may have terrible results in the long run. Most of the
people who use unethical approached are immoral, dishonest, profit driven and sometimes
corrupted (Docstoc, 2011). In the daily business life, people are working to achieve their targets,
yet, people must not be goal focused. Dr. Karras said using unethical approach to reach the
goal will devastate the value of the goal (Karras, 2009). One of the main steps to avoid unethical
behavior is to understand the ethical and adapt ethical tactics, and to recognize the unethical
approaches and methods. Using a principled negotiation method is one of the good options to
adapt during unethical negotiation it is firm on the merits and soft on the people. It allows the
negotiator to be fair and at the same time protected from the people who may take advantage of
this (Fisher, Ury & Paton, 20000). According the text book, when people realize that unethical
methods are being used, they react in one of two ways. Some people may get upset but they
accept this situation and decide not to deal with these people again. On the other hand, other
decides to accommodate unethical people. If they come offensively high, they respond very
softly. If the other team becomes deceptive they act the same. If the other team sticks to his
position, they lock themselves more tightly. These types of negotiations normally end when one
of the two parties yields. Fisher et al recommended three steps to be followed to in negotiating
the rules when the other people are using some unethical methods. First you should recognize
the tactics used by the other party. Then raise the issue clearly, this will make their tactics less
effective. Finally discuss the rules of negotiation and identify the goal of this negotiation is.

Unethical situations:
Price is considered the most common reason for negotiation point within the business
environment. Many organizations spend long time negotiating the price of a contract. People are
involved in negotiation to obtain the best value of money, for that reason they might use an
unethical tactics to reach their target. Lewicki & Robinson stated that, the main reason of lying
during negotiations is to gain more power against the opponent (Lewicki & Robinson, 1998).
Being working in the construction field I found that most of the unethical tactics is used during
the contract negotiations, variation orders & extension of time meeting and dispute resolutions.
Lewicki & Robinson identified the most used unethical tactics (Lewicki & Robinson, 1998):
- Misrepresentation: it is the way that the negotiator distracts the other opponent and
gives wrong information to prove his point of view or to get a concession. As a part of the
owners team we normally face the normal conflict between the contractor and the
consultant or the designer. And normally each one will defend his position and may
deliver wrong information. In such situation I normally try to keep myself impartial and to
concentrate more at the problem and to separate the people from the problem. If the
issue becomes a bit complicated I normally ask to schedule another meeting. And before
the next meeting I listen to the both parties and study the case. Normally in the next
meeting all the related parties will calm down, and I try to focus on the interest and the
solution of the problem and to engage both parties in the solving the problem.

- Bluffing: some people give promises and they dont intend to do it later. It is not an easy
job to recognize the unethical used tactics by the opponent especially bluffing. I believe
that with the good preparation and good experience negotiator will be able to recognize
the unethical tactics easily. During one of the project I worked in, the contractor
excavated huge amounts of not quality soil to install the foul sewer network, and
according to the specifications he had to import quality material to backfill. In addition to
that it was mentioned in the contract that the contractor should export the excavated
material. During one of the site tours I noticed that the contractor is spreading the
material and trying to keep it onsite, I took some photos and I kept them with me. During
the monthly progress meeting I raised the subject gently and I asked the contractor to
comply with his contractual obligations. The first reaction was denying from the
contractor side, calmly I presented the photos. The contractor started to become
aggressive and attacking me personally. To be honest I was so upset but I kept myself
calm as much as I can. However, he claimed that this was done by mistake and it will be
taken out immediately. To make sure that this will happen I asked to minute this and to
confirm this by an official letter.

- Falsification: it is another type of lying, and it is mainly giving wrong or incorrect
information especially about financial situations or warranties...etc. I was part of a team
to evaluate sub-contractor to do some works. After reviewing his technical & commercial
tender we asked to meet him. And before the meeting the team leader asked me to
some researched about the sub-contractor financial situation in the market, and
surprisingly we found that it is totally contradicting with the submitted document. During
the meeting our team leader asked for more clarifications and mentioned that we have
some doubts about their financial situation. The S/C team started to be more defensive
and more aggressive because we are so suspicious about them. The meeting room
turned to a war room. Our team leader was so smart and asked for some more official
document and to end the meeting and all the discussion immediately, and another
meeting will be scheduled after confirming and satisfying our requirements.

Conclusion:
Gathering information from suppliers, experienced people, available data etc is very important
before getting involved in negotiation session. The more you know about the subject the better
prepared you will be to achieve expected results. A mixed strategy between hard and soft
tactics is recommended. The Principled Negotiation method is recommended by Fisher et al. it
concentrate on the mutual benefit where possible, involved parties tactics should be based on
fair standards (Fisher, Ury & Paton, 2012).





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Karras, C. (2009). Is it ethical?. [Online] available from: http://www.karrass.com/blog/is-it-
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