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Is a communication process between two or more people to arrive to a mutually agreeable solution.
What is negotiation?
Is the art to reach an agreement by resolving differences through creativity.
Commercial negotiation
Is a process in which one party agrees to exchange one product or service with another party in
return of something (commercial negotiation, sale and purchase, trade).
To negotiate
Is to arrange or settle by conferring or discussing; or to use information and/or power to affect human
behavior in an environment filled with multiple issues and tensions.
Why do we negotiate?
- to reach an agreement
- to win or obtain something
- to beat the opposition
- to make a point
- to settle an argument
- to compromise
- to solve a conflict
Characteristics of negotiation
1. two or more parties are involved
2. there exists a perceived conflict of interest between those parties.
3. Parties choose to negotiate for their own willingness.
4. Parties prefer to work together for resolution rather than fight or seek other non-negotiated
remedies.
5. Parties expect to experience give and take during their negotiations as each side
compromises positions.
6. Parties expect that negotiations will allow them to manage both the tangibles and the
intangibles contained in their issues.
mutual adjustment
- When the parties are interdependent they must find a way to resolve their differences.
- Both parties can influence the results and decisions of the other, therefore (por lo que) each
party outcomes and decisions are affected by the other.
Conflict
- occurs when two or more parties perceive a threat (amenaza) to the interests, goals or needs.
- A conflict isnt the same as a disagreement or a dispute. The level of commitment
(compromise) of the parties is greater because their interests, goals and/or needs matter
greatly to each one of them.
- Individuals, group, companies and other, get themselves involved in a conflict over money,
time, information, power, loved ones, religion or things they hold dear.
- What determines whether a situation is a conflict or a dispute is subjective. Each individual, a
group of people or an entity has its own set of priorities, so what may be of little importance to
some may be of great importance to others.
CLASS #2
WAYS TO SOLVE A CONFLICT
Conflict
- Is the perceived divergence of interest between two or more parties
- Is directly related to interdependence
Causes of conflict
- power differences
- mistrust
- misunderstanding
- lack of communication
- taking advantages over the other.
Difficult to resolve: principles, values, ethics; large; zero sum; single transaction; un cohesive and
weak leadership; no third party available; unbalanced.
Easy to resolve: divisible issue; small; positive sum (integrative solution); long-term relationship;
cohesive, strong leadership; trusted, powerful third party available; balanced.
Level of conflicts
Annihilatory conflict +. Overt efforts to destroy the other party.
Aggressive physical attacks.
Threats and ultimatums
Assertive verbal attacks
Overt questioning or challenging of others
No conflict -. Minor disagreements or misunderstandings
- avoidance: intentionally plan to avoid the development of resentment by sorting out critical
issues independently, without challenging or unsettling the other party
- negotiation: a communication process that involves two or more parties who seek to reach an
agreement.
- Mediation: is a dispute or conflict resolution where the parties agree to seek a third party
(mediator) to help them solve their issues and settle the dispute or differences. The disputing
parties are the ones in charge of taking the decisions not the mediator.
- Mediation process
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- Conciliation: is similar to mediation were the involved parties choose a third party or external
entity (conciliator), were the third party has an active role solving the situation through
suggestions of compromises.
The conciliation process its structured to bring disputing parties to an acceptable agreement
through concessions.
- Arbitration: it is a formal submission of a conflict or dispute to one or more arbitrators for a
decision to be reached to solve the issue.
Its a quasi-judicial system.
Decisions are voluntary/binding depending on the terms of the arbitration process (arbitration
clauses in a contract).
Court-imposed arbitration is binding.
- Litigation: it is a legal process was the dispute or conflict goes through a standard court with
the aim of engaging in judicial contest to achieve a legal settlement.
- Tribunal/court: a tribunal or court of law deals and decides about disagreements between
individuals, people or private organizations based on a legal system.
- Judicial dispute resolution: a judge decision made over a dispute that goes through a legal
process (litigation, court, tribunal). The most common one is the criminal cases.
CLASS # 3
NEGOTIATION PROCESS
Negotiation approaches
Distributive negotiation: also know as Zero sum game, the fired pie, or win-loose situation.
Integrative negotiation: also know as win to win situation, cooperative or collaborative
approach.
Distributive negotiation
Competitive tactics; obtain the best deal (I want It all); good cop and bad cop; use pressure
(power); intimidate; use ultimatums; play by positions; use time in your favor (pressure).
Integrative negotiation
Cooperative tactics; focus on interest not in the position; separate the people (emotions) from the
problem; give and exchange (concessions); build relationships; solve issues and get mutual
agreements progressively; use objective criteria (solid arguments and facts); create options.
Negotiation process
1. preparation or planning stage
2. set the stage
3. bargaining: proposals, argumentation, negotiation.
4. Closure: close the deal.
1. Preparation stage
Objective: prepare and plan deeply and thoroughly your team for the negotiation.
- define the problem at hand (situation or issues).
- Define the interests.
- Know the counterpart.
- Set the objectives.
- Stablish options.
- Define other alternatives.
Objectives or goals: set what you want to meet and reach set proprieties.
- must have or get
- wants or intend to get
- gives (concessions or trades away).
Alternatives : if you dont reach agreement with the other party, what alternative do you have?
- are these good or bad?
- How much does it matter if you dont reach agreement?
- Does failure to reach agreement cut you out of future opportunities?
- What alternatives might the other party have?
- explain (talk): state the purpose of the negotiation: why are we here?; list the topics or points
you want to discuss (overall overview).
- Debate: listen carefully; dont assume; ask questions; clarify; summarize; take notes; dont
argue or interrupt if necessary.
from the discussion, the goals, interests and viewpoints of both sides appear.
List these in order of priority when you detect them.
Through clarification it is often possible to identify or establish common ground.
- Propose: make proposals; state conditions; express concerns; search for common interests;
use positive body language to try to approach to the other party.
- Bargain: key words are IF (give) and THEN (take).
Start making concession: every concession should have a condition (IF you THEN I will..)
Conserve your concessions dont give everything away too soon or for nothing.
You dont have to share every piece of information with the opposing side remember this.
Dont be afraid to say no.
4. Closure
Finish the negotiation and close the deal:
- Usually is the final concession (step): If you do that, THEN we have a deal!.
- Gain commitment
- Record (sign) and agree the results
- Leave satisfied
CLASS # 4-5
CROSS CULTURE NEGOTIATION
Intercultural negotiation
Involves the discussions of common and conflicting interests between people of different cultural
backgrounds who work to reach an agreement (of mutual benefit).
Culture
Are the characteristics and knowledge shared by a particular group of people defined by
language, religion, cuisine, social habits, customs, music and arts.
Characteristics of a culture
Language; communications; courtesies; rituals; roles; customs; relationships; behaviors; practices;
values; toughs; beliefs; interactions.
Western culture
The term western culture has come to define the culture of European countries as well as those
that have been heavily influenced by European immigration, such as the United States. Western
culture has its roots in the classical period of the Greco-Roman era and the rise of Christianity in
the 14th century.
Other drivers of western culture include Latin, Celtic, Germanic and Hellenic ethnic and linguistic
groups.
Eastern culture
Eastern culture generally refers to the societal norms of countries in Far East Asia (including
China, Japan, Vietnam, North Korea and South Korea) and the Indian subcontinent. Like the west,
eastern culture was heavily influenced by religion during its early development, but it was also
heavily influenced by the growth and harvesting of rice. In general, in eastern culture there is less
of a distinction between secular society and religious philosophy than there is in the west.
Latin culture
Many of the Spanish-speaking nations are considered part of the Latin culture, while the
geographic region is widespread. Latin America is typically defined as those parts of the Central
America, South America and Mexico where Spanish or Portuguese are the dominant languages.
Originally, the term Latin America was used by French geographers to differentiate between
Anglo and romance (latin-based) languages. While Spain and Portugal are on the European
continent, they are considered the key influencers of what is known as Latin culture, which
denotes people using languages derived from Latin, also known as Romance languages.
African culture
The continent of Africa is essential to all cultures. Human life originated on this continent and
began to migrate to other areas of the world around 60.000 years ago.
Africa is home to number of tribes, ethnic and social groups. One of the key features of this culture
is the large number of ethnic groups throughout the 54 countries on the continent. Nigeria alone
has more than 300 tribes, for example.
Currently, Africa is divided into two cultural groups: North Africa and sub-Saharan Africa. This is
because northwest Africa has string ties to Middle east, while sub-Africa shares historical, physical
and social characteristics that are very different from North Africa. The harsh environment has
been a large factor in the development of sub-Saharan Africa culture, as there are a number of
languages, cuisines, art and musical styles that have sprung up among the far-flung populations.
1. Language
Problems of comprehension / use of false friendly words, especially in high-context cultures.
Misuse of language or using commands
High context: communication draws on shared culture, fewer words need to suggest meaning.
Low-context: communication is more direct and explicit
Translators in negotiations
Use to communicate with the other side; use to gain time in making responses; use to study
the non-verbal communications of the other side; internal group conversations should be
allowed and followed.
2. non-verbal behaviors
anthropologist Ray. L. Bridwhistell: less than 35% of the message in conversations is
conveyed by the spoken word while the other 65% is communicated nonverbally.
Albert Mehrabian: where meaning in face-to-face interactions comes from.
- 7% from the words used
- 38% from speaking style: tone of voice, loudness, etc.
- 55% from facial expresions.
3. formality vs informality
perceived lack of proper respect. Appearance of coldness; too close, too soon.
4. direct or indirect communication
difficulty in saying no; considered rude to argue.
Or arguments are considered to be sign of engagement.
5. punctuality; pacing and preliminaries (understanding the other side and building relationship or
specifying contract terms and details). time is money
6. emotions: appropriate display of emotion varies by culture: spain & south America > England,
7. agreements: general or specific
us: specific agreements to cover all anticipated cases and act as guide to behavior.
China: Agreement on general principals and use the relationship to work out any difficulties.
Could also be reflective of power dynamic of the companies, not just by the nationality.
8. top-down or bottom-up negotiation
start with general principals and move to the details? Or start with specifics and general
principals emerge from details?
France: basic principals guide later details
US: specific details form the basis of general terms.
9. one leader vs. group consensus
- one key decision maker: complete authority to negotiate
- group: representatives or specialists from various internal departments
- one leader: may reach agreements faster.
- Group: may anticipate and solve problems before they become emergencies
10. dealing with risk
share information, try new methods, tolerate uncertainty.
Japan > united states
Avoid moving too fast
Focus on mechanisms to lessen risks provide information (on market, company, procedures)
Build relationship and trust
Move step-by-step not all-at-once
Creative negotiation
- Seek out creative outcomes.
- Understand cultures, especially your own.
- Dont just adjust to cultural differences, exploit them
- Gather intelligence and know the terrain.
- Design the information flow and process of meetings.
- Invest in personal relationships.
- Seek information and understanding.
- Make no concessions until the end.
COUNTRIES AND REGIONS
Deal or agreement
Party A
- Trust based relationship
-Contracts base don a handshake
Party B
- Business bonding via entertainment
- Gifts and favors
USA negotiators
- Focused on completing the deal
- Profit oriented and direct
- Do not need personal relationship with other negotiators
- Work during meals, golf, al any time
- Tend to be informal
- Individually oriented.
Canadians negotiators
- Two groups: the Anglophones and the francophone
- Well informed and analytical
- Sense of self determination
- Trust is an important component
- Individually oriented
- Mixture of tribal and pluralistic.
Chinese negotiators
- The Chinese want a win-win strategy
- Harmony is important
- Neutral site is important
- Team members need to be matched on both sides
- Relationship building is important
- Group oriented and prefer face to face negotiations.
Chinese
- Reserved; known for hospitality and good manners
- Give small, inexpensive presents
- Do not like to be touched
- Consider mutual relationships and trust very important
- Technical competence of negotiators necessary
- Prefer to use an intermediary
- Rarely use lawyers
- Ample room for compromise.
English negotiators
- Objective, matter of fact about negotiations
- Tend to understate their position
- Individualistic but Company policy followed without question
- Relationships not necessary
- Very deadline oriented.
French negotiators
- Negotiators should have the correct social and education background and authority
to make decisions
- A relationship will help negotiations
- Enjoy debates; are indirect
- Quality more important tan speed
- Individualistic and prefer face to face negotiations
- Mealtime is not a time to talk business.
French
- Have a sense of pride sometimes interpreted as supremacy;
- French logic (Cartesian logic) proceeds from what is known in a point-by-point
fashion until agreement is reached
- Protocol, manners, status, education, family and individual accomplish-ments are
keys to success with the French.
German negotiators
- Permanent and stringent contracts;
- No nonsense negotiators; Relationships not necessary; Individualistic and prefer
face to face negotiations.
German
- Protocol is important and formal
- Dress is conservative, correct posture and manners are required
- Use titles when addressing members of the negotiating team use please and thank
you often
- Prefer to keep a distance between themselves and the other team negotiators
- Have technical people as part of the negotiation team as Germans are detail
oriented
- Punctuality is expected
- Contracts are firm guidelines to be followed exactly.
Japanese negotiators
- The Japanese want a win to win situation
- Negotiations takes place away from the negotiation table
- Relationships are important
- Group and consensus oriented
- Prefer face to face negotiations
Japanese
- Business etiquette is very important
- Meeting should be arranged by an intermediary who has a relationship with both
parties
- Negotiating parties usually consist of five people
- Business card Exchange is common
- Subtle and complex verbal and nonverbal cues are used to avoid having someone
lose face or lose the group harmony
- Negotiations practices are base don the keiretsu system (a Company group formed
by the principal Company and the partner companies that supply parts equipment,
financial support, or distribution of the final products); a keiretsu group is viewed
as a long term commitment
- The Japanese use more silence and less eye contact tan usa
- Consider contracts as flexible instruments
- Are suspicious of a negotiating team that includes lawyers
Hindu
- Bribery is common; having connections is important
- Avoid using the left hand in Greetings and eating
- Request permission before smoking, entering, or sitting
- Building relationships is important tan introduction is necessary
- Intermediaries are common
- Use titles to convey respect
- Knowledge of local affairs is important negotiation process can be long
Mexican negotiations
- Relationships and connections very important
- Senior executives make the decisions
- Time is fluid
- Emotional arguments are considered to be persuasive arguments
- Strategies are more win win
- Neutral site are preferred
- Leave room to bargain
Latin Americans
- Relationships are important bribery is common
- Government is very involved in business
- Negotiators chosen based on family connections, political influence education, and
gender (females should be in the background)
- Latinos are very individualistic but group oriented concerning family and Friends
- Social competence is important, will ask about ones health and well being of
family
- Most agreements are consummated over lunch
- Numerous meetings is the norm, time is not seen as important
- Avoid gestures
Dutch negotiators
- Averse to chaos; very organized
- The Dutch are direct and pragmatic
- Decision is base don consensus
- Will tend to move fast and expect you to also move fast
CLASS # 6
POWER IN NEGOTIATION
What is power?
- The capacity to influence others on your favor or the capacity to obtain what you
want.
- In negotiation is the capacity to influence in a favorable way, the probabilities to
obtain your goals or objectives
Sources of power
- Informational sources of power
- Personal sources of power
- Power based on position in an organization
- Relationship-based sources of power
- Contextual sources of power
types of power
coercive power; legitimate power; expert power; referent power; reward power;
situational power.
1. coercive power
the potential to impact other or effect change through the administration of
negative sanctions, like: on threats, sanctions, frustrations and control.
Reactions to execute power due to the fear of the negative consequences if one
disobey or disagree.
2. legitimate power
it represents the power received within a the position in a hierarchical structure.
It gives status, a figure, a role to play.
It means an authority.
3. expert power
power derived from knowledge, expertise or experience, special skills or specific
knowledge on a specific topic.
Export power in negotiation
Is the most standard type of power that is applied by any individual who has
studied and prepared their position prior to the start of a negotiation. Preparation
(search and re-search is essential).
4. Referent power
Is the ability to impact others or effect change based on the strength of
relationships between the leader and followers (this is a strong way to influence
the others).
This power us based more on relationship that status.
Referent power arises from the admiration of others and the desire to be like that
person (follow up).
5. reward power
the opposite to coercive power, a person or party fulfills the wishes of another one
because it is beneficial; therefore who can distribute rewards to others will have
power over them.
A reward often comprises financial remuneration, but they can be intangibles as
well.
6. situational power
it is a fact or knowledge of reality that can have influence in the negotiations.
An inherent advantage arises from the situation.
Obstruction of power
- The capacity to obstruct the other party.
- Arises from its ability to cause discomfort to the other party.
CLASS #7
Communication in negotiation
What is communication?
Is the process of transferring information meaning and understanding from sender to
receiver using language.
Encoding, medium, decoding, noise
Communication process
Sender: encodes message, chooses a medium(channel), sends massage.
Noise: can interfere at any point
Receiver: receives message, decodes message, may send feedback for clarification.
Modes of communication
Verbal mode
- Examples:
oral: conversation, speeches, telephone calls, videoconferences.
Written: letters, memos, reports, e-mail, fax
- Advantages:
vivid, stimulating, commands, attention, difficult to ignore, flexible, adaptive
Disadvantages: transitory, subject to, misinterpretation, decreased,
misinterpretation, precise.
- Disadvantages
precision loss in, translation, inflexible, easier to ignore
Nonverbal mode
- Example:
Dress, speech intonation, gestures, facial expressions.
- Advantages
Effectiveness of communication, increases with congruence to oral presentation,
can emphasize meaning.
- Disadvantage:
meanings of nonverbal communication not universal.
Directions of communication
- Supervisor-supervisor: lateral communication
- Supervisor- subordinate: downward communication: goals. Objectives,
directions, decisions, feedback.
- Subordinate- subordinate: lateral communication: information, (formal or
informal) for joint problem solving.
- Subordinate-supervisor: upward communication: information, questions,
suggestions, problems, requests for calcification.
-
Channels of communication,
Formal communication channels:
- Specify individuals responsible for tasks
- Specify individuals responsible for communicating information above and below
them
- Indicate persons (positions) to whom work related messages should be sent
Informal communication channels
- Tend to operate laterally more tan vertically
- Move information quite rapidly
- Carry both work-related and nonwork information.
Barriers to communication.
Level
1. Interpersonal
- Origin of barrier: selective perception, frame of reference, individual differences,
emotion, language, nonverbal cues.
- Affects communication between: individual or groups.
2. Organizational.
- Origin of barrier: hierarchical (barriers resulting from formal structure), functional
(barriers resulting from differences between functional departments).
- Affects communication between: individuals and/ or groups within an organization,
indivuals and/or groups in different organization.
3. Cultural.
- Origin of barrier: language, high low context culture, stereotyping, ethnocentrism,
culture distance.
- Affects communication between: individual or groups in different organizations with
different national cultural., individuals or groups from different organizational cultures,
individual or groups form diverse cultural backgrounds within an organization.
Improving communication.
- Be more open minded
- Develop empathy
- Listen actively
- Observe nonverbal cues
- Simplify the language
- Organize the writing
- Understand the audience:
+ what is the direction of the communication?,
+ does the recover have any expectations concerning this communication?,
+ is the communication formal or informal?,
+ does the receiver have preferences for certain channels of communication?.
Question in negotiation
What to ask?:
- depending on what you want out of the question
- needs to be relevant.
When to ask:
- have a plan
- if you are using the question to influence the other party include information of the
positions in the question.
- If your are using the question to influence the other party include information of
the positions in the question
How to ask:
- Tone of voice
- Framing the question correctly
- Ask for facts not for opinions
-
Question, what for?
- To guide and direct the negotiation
- To obtain give information
- To influence the other party/ to get a reaction from get other party
- To have a control over the negotiation (to bring attention to specific aspects/to
induce conclusion)
- To make the parties think and analyze the negotiation.
Levels of questions
Nonverbal communication
- Importance of nonverbal communication in shaping perception
- Humans do not have the capacity to not communicate
- Characteristics: relational, ambiguous, influenced by culture- the use of emblems
- Barrier behaviors
- Territoriality
- Time
- Physical attractiveness
- Clothing
- Physical environment.