effective method of Negotiation

What is Negotiation?

Negotiation is the interactive social process in which people engage, when they aim to reach an bargain with another party or parties on behalf of themselves.
Negotiation is primarily a common mean of securing one's expectations from others. It is a form of communication designed to reach an bargain when two or more parties have obvious interests that are shared and obvious others that are opposed.

- According to Shorter Oxford Dictionary, 1977-
Negotiation: To confer with another for the purpose of arranging some matters by mutual agreement; to discuss a matter with a view to village or compromise .

- Ginny Pearsom Bames sayes, Negotiation is a resolution of a disagreement using give and take within the context of a particular relationship. It involves sharing ideas and information and seeking a mutually acceptable outcome .

- The Pepperdine University of Usa has developed an explanatory definition of negotiation:
Negotiation is a communication process used to put deals together or conclude conflicts. It is a voluntary, non-binding process in which the parties operate the outcome as well as the procedures by which they will make an agreement. Because most parties place very few limitations on the negotiation process, it allows for a wide range of inherent solutions maximizing the possibility of joint gains .

- According to Williams, Legal and village 1983, Negotiation is a repetitive process that follows reasonably predictable patterns over time. Yet in legal disputes so much of the attorney's concentration and energy are absorbed by the pre-trial procedure and the coming of the trial, that they fail to identify the leading identifiable patterns and dynamics of the negotiation process
- M Anstey explains core elements of negotiation as follows:
1. A verbal interactive process;
2. Involving two or more parties;
3. Who are seeking to reach agreement;
4. Over a question or conflict of interest in the middle of them; and
5. In which they seek, as per as possible, to withhold their interests, but to adjust their views and positions in the joint endeavor to accomplish an agreement.

Broadly speaking, negotiation is an interaction of influences. Such interactions, for example, contain the process of resolving disputes, agreeing upon courses of action, bargaining for private or social or crafting outcomes to satisfy discrete interests. Negotiation is thus a form of alternative dispute resolution (Adr).

Characteristics of Negotiation:

o Negotiation involves two or more parties who need (or think they need) each others involvement achieving a desired outcome. There is a common interest that connects the parties.
o The parties start with different opinions or objectives. It is these differences that preclude agreement.
o The parties are willing to co-operate and present to meet their goals.
o The parties can mutually advantage or avoid harm by influencing each other.
o The parties realize that any other procedure will not produce desired outcome.
o The parties think that negotiation is the best way to conclude their differences (or at leas, a inherent way)
o They also think that they may be able to persuade the party to modify their former position.
o Even if they do not get their ideal outcome, both withhold the hope of an acceptable outcome.
o Each has some work on real or assumed over the others actions. If one party is thoroughly powerless, negotiation will have minuscule point for the other.
o The negotiation process itself involves interaction in the middle of people. This interaction might be in person, by telephone, letter etc. Or it might use a combination, because it is personal, emotions and attitudes will always be important.

Conditions for Negotiation :

A collection of conditions can work on the success or failure of negotiations. The following conditions make success in negotiations more likely:

Identifiable parties who are willing to participate: The people or groups who have a stake in the outcome must be identifiable and willing to sit down at the bargaining table if sufficient negotiations are to occur. If a necessary party is whether absent or is not willing to commit to good faith bargaining, the inherent for bargain will decline.

Interdependence: For sufficient negotiations to occur, the participants must be dependent upon each other to have their needs met or interests satisfied. The participants need whether each other's aid or restraint from negative action for their interests to be satisfied. If one party can get his/her needs met without the cooperation of the other, there will be minuscule impetus to negotiate.

Readiness to negotiate: people must be ready to negotiate for dialogue to begin. When participants are not psychologically prepared to talk with the other parties, when adequate information is not available, or when a negotiation strategy has not been prepared, people may be reluctant to begin the process.

Means of work on or leverage: For people to reach an bargain over issues about which they disagree, they must have some means to work on the attitudes and/or behavior of other negotiators. Often work on is seen as the power to threaten or inflict pain or undesirable costs, but this is only one way to encourage another to change. Request thought-provoking questions, providing needed information, seeking the advice of experts, sharp to influential associates of a party, exercising legitimate authority or providing rewards are all means of exerting work on in negotiations.
Agreement on some issues and interests: people must be able to agree upon some common issues and interests for expand to be made in negotiations. Generally, participants will have some issues and interests in common and others that are of concern to only one party. The number and significance of the common issues and interests work on whether negotiations occur and whether they close in agreement. Parties must have adequate issues and interests in common to commit themselves to a joint decision-making process.

Will to settle: For negotiations to succeed, participants have to want to settle. If lasting a conflict is more leading than settlement, then negotiations are doomed to failure. Often parties want to keep conflicts going to withhold a relationship (a negative one may be better than no relationship at all), to mobilize social plan or withhold in their favor, or because the conflict relationship gives meaning to their life. These factors promote prolonged agency and work against settlement. The negative consequences of not settling must be more necessary and greater than those of settling for an bargain to be reached.

Unpredictability of outcome: people negotiate because they need something from another person. They also negotiate because the outcome of not negotiating is unpredictable. For example: If, by going to court, a man has a 50/50 opening of winning, s/he may conclude to negotiate rather than take the risk of losing as a follow of a judicial decision. Negotiation is more predictable than court because if negotiation is successful, the party will at least win something. Chances for a decisive and one-sided victory need to be unpredictable for parties to enter into negotiations.

A sense of crisis and deadline: Negotiations ordinarily occur when there is pressure or it is urgent to reach a decision. crisis may be imposed by whether external or internal time constraints or by inherent negative or obvious consequences to a negotiation outcome. External constraints include: court dates, imminent administrative or administrative decisions, or predictable changes in the environment. Internal constraints may be artificial deadlines excellent by a negotiator to enhance the motivation of another to settle. For negotiations to be successful, the participants must jointly feel a sense of crisis and be aware that they are vulnerable to adverse action or loss of benefits if a timely decision is not reached.

No major psychological barriers to settlement: Strong expressed or unexpressed feelings about another party can sharply work on a person's psychological readiness to bargain. Psychological barriers to village must be lowered if successful negotiations are to occur.

Issues must be negotiable: For successful negotiation to occur, negotiators must believe that there are acceptable village options that are inherent as a follow of participation in the process. If it appears that negotiations will have only win/lose village possibilities and that a party's needs will not be met as a follow of participation, parties will be reluctant to enter into dialogue.

Styles of Negotiation:

There are different styles of negotiation. Style of negotiation is also a strategy. In some occasions the style reflects the attitude of the party and an experienced negotiator can guess the follow from such a escort of the party as becomes evident by the style. Negotiation style is reflected in communication skills, interpersonal behavior of negotiators, language, voice tones, choices, listening power, non-verbal gestures and judgment. ordinarily there are three main styles of negotiation. A brief description is given below:

- Co-operative Style :

In this type of negotiation style, strategies which are typically used contain the production of concessions, the sharing of information and the adoption of behaviors which are fair and reasonable. Thus a co-operative negotiator typically explains the reasons for her concessions and proposals and attempts to reconcile the parties' conflicting interests; her proposals are measured against standards which both parties can agree, such as the legal merits of the case and fairness in the middle of the parties.
The advantage of the co-operative style of negotiation is that it tends to produce fewer breakdowns in bargaining with subsequent recourse to litigation, and to produce more favorable outcomes for both parties. This leaves both clients and negotiators in a position where they can 'do business' again. However, the co-operative style is field to obvious difficulties in doing where the parties to the negotiation are unequal in wealth or power or where one party will not bargain for joint or mutual gain;

- competitive Style :

Thus the competitive negotiator makes concessions reluctantly because they may 'weaken his position' through position loss or image loss. He tends to make high initial demands, few concessions and have a ordinarily high level of aspiration for his client.
It is often suggested that this style leads practitioners into specific negotiation strategies, for example, never production the first offer, always attempting to conceal the client's true objectives always being the man who drafts the final offer; and the use of exaggeration, threat and bluff to create high levels of tension and pressure on the opponent. If used effectively these tactics cause the opposition side to lose trust in there case and sacrifice their expectations of what can be obtained for there client It is therefore, an essentially manipulative approach, designed to intimidate the opposing side into accepting a negotiator's demands.

- Problem-solving Style:

A question solving style to a dispute over access might be based on the assumption that whilst both parents want access to their children for some of the time, neither would, in practice, want access for the whole of the time. On this basis a negotiated village advantageous to all parties (including the children) may be effected.
The problem-solving style thus inaugurate with both negotiators trying to ascertain the basic needs of their clients. This can best be achieved through client interviews in which the lawyer explores with the client how he wants the dispute to be ended in social, economic, ethical and psychological terms. Focusing on the actual (rather than the assumed) needs of clients leads to solutions often more complex and yet more satisfactory in terms of social justice than those which a court could order, or which could follow form competitive negotiation.

The four basic tactics which Fisher and Ury describes as being necessary to the process of question solving negotiation are :
1. Separate the people from the problem; In the other words, separate the interpersonal relationship in the middle of the negotiators and their clients from the merits of the question or conflict
2. Focus on interests not positions; that is, consider the interests of the clients so that is party's motives, goals and values are filly understood by each side
3. Generate a collection of options; for example, brainstorm to found new ideas to meet the needs of the parties
4. Insist that the follow of the negotiation be based on some objective acceptable that is, collate proposed outcomes against in effect ascertainable acceptable base on objective criteria.

Basic buildings of the negotiating process :

It is leading to note that there are some basic structures of negotiation process. These buildings growth the potential and skills of negotiator also helps to create successful environment for the sufficient negotiation. The most necessary buildings may be described as:

Agenda-setting:

Unless an program has been agreed in expand you will agree with the opposing lawyer the practical issues of how the negotiation will be conducted, what the program for the discussions will be, recorded and minute

Clarification of the facts:

A inherent first is for you, or your opponent, to identify and agree the relevant ready facts of the dispute and the law relating to those facts. This could then be followed by your identification of and bargain on, any missing or conflicting facts, or disagreement in documentation. At this point you cold seek to conclude such disagreement through further investigation, and through listening to and questioning the order side.

Evaluation and repositioning:

- You will next collate alternative solution in relation to the needs of both parties (co-operative question solving style) or you will make strong counter proposals to your opponents position (competitive style)
- You will eliminate unworkable proposals (co-operative problem-solving style) or use a collection of negotiating tactics to enhance your position and discredit that of your opponent (confrontational style)
- You will create new proposals (co-operative problem-solving style) or identify trade-offs and concessions (competitive style)
- You will consider ending the negotiation if the tradeoffs are too high for both parties (co-operative problem-solving style) or if the trade -offs are acceptable to your side although not to the other(competitive style)

Closing:
Finally you will need to find a way of closing the negotiation. The alternatives at this stage include:
- Adjourning to secure further information, and instructions from your client
- Adjourning to description a final offer from the other side to your client and seek his instructions
- Reaching a final bargain as authorized by your client

If the outcome is successful and a village has been reached, you will need to check your understanding of the village with that of your opponent to make obvious that you are in agreement. You must next conclude how the village is going to be made legally enforceable (if it is), and who will draft the terms of any written settlement.

Review:

Throughout the whole of the process referred to above, it is helpful from time for the lawyers to present the stage that has been reached in the discussions. This is especially recommended if you appear to have reached a deadlock, or there is an uncomfortable silence. A present gives each side the opening to collate their former objective with that has been achieved so far and consider how the negotiation should proceed. This can lead to one or other of the negotiators stating a revised or more innovative position as a inherent solution to the problem.

Stages of Negotiation:

Stage 1: value and make your mind up a Strategy to Guide question Solving
o Assess discrete approaches or procedures--negotiation, facilitation, mediation, arbitration, court, etc.--available for question solving.
o Select an approach.

Stage 2: Make contact with Other Party or Parties
o Make initial contact(s) in person, by telephone, or by mail.
o Explain your desire to negotiate and coordinate approaches.
o Build rapport and expand relationship
o Build personal or organization's credibility.
o Promote commitment to the procedure.
o Educate and secure input from the parties about the process that is to be used.

Stage 3: secure and Analyze Background information
o secure and analyze relevant data about the people, dynamics and substance complex in the problem.
o Verify accuracy of data.
o Minimize the impact of inaccurate or unavailable data.
o Identify all parties' substantive, procedural and psychological interests.

Stage 4: found a Detailed Plan for Negotiation
o Identify strategies and tactics that will enable the parties to move toward agreement.
o identify tactics to write back to situations peculiar to the specific issues to be negotiated.

Stage 5: Build Trust and Cooperation
o get ready psychologically to participate in negotiations on substantive issues. found a strategy to handle strong emotions.
o Check perceptions and minimize effects of stereotypes.
o Build recognition of the legitimacy of the parties and issues.
o Build trust.
o Clarify communications.

o Stage 6: starting the Negotiation Session
o Introduce all parties.
o transfer statements which demonstrate willingness to listen, share ideas, show openness to reckon and demonstrate desire to bargain in good faith.
o Establish guidelines for behavior.
o State mutual expectations for the negotiations.
o Describe history of question and by comparison why there is a need for change or agreement.
o identify interests and/or positions.

Stage 7: Define Issues and Set an Agenda
o Together identify broad topic areas of concern to people.
o identify specific issues to be discussed.
o Frame issues in a non-judgmental neutral manner.
o secure an bargain on issues to be discussed.
o conclude the sequence to discuss issues.
o Take turns describing how you see the situation. Participants should be encouraged to tell their story in adequate detail that all people understand the viewpoint presented.
o Use active listening, open-ended questions and focusing questions to gain further information.

Stage 8: find private Interests
o Probe each issue whether one at a time or together to identify interests, needs and concerns of the necessary participants in the dispute.
o Define and by comparison interests so that all participants understand the needs of others as well as their own.

Stage 9: create Options for Settlement
o found awareness about the need for options from which to make your mind up or create the final settlement.
o present needs of parties which present to the issue.
o create criteria or objective standards that can guide village discussions.
o Look for agreements in principle.
o consider breaking issue into smaller, more manageable issues and generating solutions for sub-issues.
o create options whether individually or through joint discussions.
o Use one or more of the following procedures:
o expand the pie so that benefits are increased for all parties.
o Alternate delight so that each party has his/her interests satisfied but at different times.
o Trade items that are valued differently by parties.
o Look for integrative or win/win options.
o Brainstorm.
o Use trial and error generation of multiple solutions.
o Try silent generation in which each private develops secretly a list of options and then presents his/her ideas to other negotiators.
o Use a caucus to found options.
o escort position/counter position choice generation.
o separate generation of inherent solutions from evaluation.

Stage 10: collate Options for Settlement
o present the interests of the parties.
o collate how interests can be met by ready options.
o collate the costs and benefits of selecting options.

Stage 11: Final Bargaining
o Final question solving occurs when:
o One of the alternatives is selected.
o Incremental concessions are made and parties move closer together.
o Alternatives are combined or tailored into a classic solution.
o package settlements are developed.
o Parties found a procedural means to reach a substantive agreement.

Stage 12: Achieving Formal village
o bargain may be a written memorandum of understanding or a legal contract.
o identify "what ifs" and escort question solving to overcome blocks.
o found an evaluation and monitoring procedure.
o Formalize the village and create obligation and commitment mechanisms.
o Judicial review

Influencing factors of Negotiation :
There are some influencing factors or elements of negotiation which are necessary and plays vital role in production sufficient negotiation. A short description is given below:
- Negotiator: Negotiation process is influenced by discrete factors. The first such factor is the skill and potential of negotiator, his character and credibility. another ability, which is a major factor in negotiation, is that the negotiator should keep operate over the process. A negotiator should present the expand of the negotiation process; time and again endeavor to build bridges in the middle of the parties. He or She should try to create a obvious attitude towards agreement. A great deal of skill and contact are necessary to operate the whole process of negotiation, which can be gained by keen consideration of strategies adopted by other parties, past contact and studying the best negotiation processes in the contemporary world.
- Parties: Parties are a major work on on the negotiation process. The parties, their interests and the way they react and write back conclude the process. Parties to a dispute have their own mindset when they come to a negotiation table.
- Selection of the team: The team of negotiation should be excellent basing on case and circumstances, so that each member contributes towards achieving the goal with sufficient working.
- Place of negotiation: Sometimes the place of negotiation matters. Unfamiliar surroundings may cause stress to the opposite party in comparison to a familiar place.

- Layout of the room: The layout of the room has an work on on the escort of the negotiation to some extent. Ideally the layout should be chosen taking into consideration the circumstance in which the parties operate. For example, if the negotiation in with regard to any market dispute, negotiators should ensure that the distance in the middle of the parties is not too much. The seating arrangements should be such so as to encourage a relaxed mood. The found of layout should reflect attitudes and perceptions and issues being discussed in negotiation.
- Psychology in negotiating: science of mind of the negotiators, as well as the parties plays an leading role in the action of negotiation. The people complex in the process work with different attitudes, approaches and activities. agreeing to Maslows' 'Need Hierarchy Theory', behavior of people is influenced by their needs. People's needs are classified by him into:
1. Physical and survival needs;
2. Security and safety needs;
3. Social needs;
4. Ego needs;
5. Self realization needs.

Effective Negotiation Skills :
The key to sufficient negotiation is clear communication. communication involves three leading skills: Speaking, Listening and understanding. You can't have one skill work without the others--for example, you can't have good understanding without good listening and speaking. Negotiation is most sufficient when people are able to clearly identify and discuss their sources of disagreement and misunderstanding.

Speaking:
Negotiation begins with a clear, concise explanation of the question as each man sees it. Facts and feelings are presented in a rational manner from the individual's perspective, using "I" statements. communication in the middle of people will go more smoothly when statements such as "I become very upset when you "are used rather than more aggressive statements such as "You make me mad when you," which blames the other man and puts him or her in a defensive position. Shared concerns rather than private issues remain the focus of discussion throughout negotiation. The negotiation process will be most sufficient when people take time to think through what they will say. When possible, plan ahead to meet at a time and place favorable to everyone. A quiet, neutral spot where there are few distractions or interruptions is excellent for open discussion.

Listening:
Listening is an active process of concentrating all of one's concentration on the other person. Encouraging the other man to share thoughts and feelings, giving feedback on what has been heard, and maintaining eye contact are skills that show you are interested in understanding what he or she has to say. It is always helpful to plainly ask, "I understood you to say Am I correct in this?" or "I hear you saying that you are that how you feel?" Active listening assures the other man that he or she is heard, acceptable and respected. The potential to listen actively supports open, ongoing negotiation. Mental ahead or anticipating the procedure of the discussion is distractions that interfere with listening. Poor concentration and listening can lead to misunderstandings, inappropriate solutions and lasting conflict.

Understanding:
Before two sides can look for solutions; a common understanding must be reached. If two people do not understand each other's problems and concerns, then the process of negotiation will whether be broken off or will end with solutions that do not work. Active listening encourages understanding. It is leading to pay close concentration to what man says as well as to how he or she behaves. Body language, including facial expressions, hand gestures and degree of eye contact, can provide clues about the other person's thoughts and feelings. Observations, however, are shaped as much by the observer as by the man being observed. It is good custom never to assume to understand the other man without first asking, "Did I hear you correctly?" or "I have noticed that you appear" or "I sense you are under strain. Do you want to talk about this?" and "I'd like to hear from you about how you are feeling" are all good examples of statements that encourage communication and better understanding in the middle of people.

Best Negotiation Tips :

Generally negotiation depends on the ability, skill, technique and knowledge of negotiator. The tips of the negotiation are varies from negotiator to negotiator. Some best negotiation tips with example are given below:

- Be willing to negotiate in the first place:
Some people are too shy to talk about money. Others think it's rude or demeaning. And in many cases they're right. However, when it comes to doing a deal - and we all have to sometimes - being unwilling to engage in "money-talk" can be a very costly business. There are a lot of experienced negotiators out there. If you're buying a house or a car, or taking a new job, you can be sure you'll have to deal with such a person. If they can see you're timid about the whole business, many will take advantage of that fact. You also shouldn't be shy about turning something that may not immediately appear to be a negotiation into one. If I'm buying a few costly things from the same store, I'll often ask them to throw something in for free or sacrifice the price. Just because there's no sign saying you can do that, doesn't mean you can't. Often, plainly by Request for something extra I'll get a better deal
- Don't get emotionally involved:
One big mistake many amateur negotiators make is to become too emotionally attached to winning. They shout, threaten and interrogate to get their way. This is all counter-productive. Most deals are only inherent if both people feel they're getting something out of it. If the man across the table feels attacked, or doesn't like you, they probably won't back down. Many people hate bullies, and will be more willing to walk away from a transaction if it involves one. Keep calm, outpatient and friendly, even if the other man starts losing their cool. Make sure you leave any pride or ego at the door. You are more likely to do well that way.
- Don't get suckered by the "rules" trick:
When man sends me a ageement to sign, if there's something on there I don't like, I'll cross it out. I'm also happy to write things I want added in if I think they should be there. Sometimes, the other party will come back to me and say "You're not allowed to make changes to our contracts like that". Oh really? Since I'm the one signing the thing, I'll make any changes I want, thank you very much. There's no law that says they're the only one allowed to add things to a contract. If they're not happy with my changes, let me know and we can work it out, but don't plainly tell me I don't have permission. This highlights a common tactic used by experienced negotiators such as real estate agents, employment agents, car salespeople and the like. They know many people are sticklers about following rules. So they'll make up lawful sounding pronouncements and insist that "this is the way it's done" or "you're not allowed to do that". If man starts trying to box you in by adding rules to the deal, ask them to provide proof that such rules in effect exist.
- Never be the first man to name a figure:
This is an costly part to have to learn, but a good one. I do a lot of ageement work, and one of the first questions I'm regularly asked is "What's your hourly rate?" This is a high pressure question, and I often found myself blurting out a form that was lower than what I in effect wanted. These days, I've learned the significance of getting the other man to say a number first. Now, I write back to that question by Request "What's the budget for this contract?" Often, I'm surprised to explore they're gift me a better deal than I plan they were.

- Ask for more than you expect to get:
Once the other person's given their figure, even if it's much better than you expected, say something like "I think you'll have to do better than that". Don't be arrogant or aggressive. Just say it calmly. When they enquire about your expectations, ask for more than you expect to get. Few people will walk away from a deal once it's commenced, and you can let the other man feel as if they're winning by lowering your "unrealistic expectations" a bit at a time.
- Just giving the impression that you're willing to walk away can do wonders for getting a better deal. always play the reluctant buyer or seller.