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Otium or Negotium ?   The thrill of Negotiating  Playing hard by negotiating efficiently   Folgore Eugenio Pozzolini – The Pozzolini Flying Circus  2009  (parts of this presentation are Copyrights of other authors) The Courage To Do The Impossible Lies In The Hearts of Men   2009 September Beta Release 1.16
This is an Open Source document, hence  free . However  be kind to contact me at  [email_address]  before using any part of it.  Folgore Eugenio Pozzolini  2009  (parts of this presentation are Copyrights of other authors)
A thank you to My  father, who negotiated his survival during WW 2 as a freedom fighter  Mr.  Eric Pernette  – Head of Industrial Relations ERDF For his effort in discussing this paper, advice and common good sense Roger Fisher , PhD – Harvard Law School William Ury , PhD, co-founder Harvard's Program on Negotiation Director  the  Global Negotiating Initiative Bruce Patton  -  Deputy Director Negotiation Project Harvard Negotiation Project authors of   GETTING TO YES  (Negotiating agreement without giving in) whom I quote extensivley in this course
Objective of the course To get, you, through the understanding of the sequence of actions which will take place in conducting a negotiation and negotiating, to comprehend the meaning, value and effort – as well as skills - required to negotiate The Latin ethymology  of the verb  to negotiate   is  : negotiatus ,  past participle of  negotiari   to carry on business from the noun  negotium ,  neg   ( not) +  otium  ( leisure) which means in one simple sentence GOOD WORK !
Chapter 1.01 Today’s ethimology  of the word/verb negotiate The construction of the linguistic process and its derivates by analysing the linguistic and philological root tree.  Where do the word  negotiation  and the verb  to   negotiate  come from? What are the variances and derivations of both ? Where do they lead to?  What other meanings can we attribute to both!?! If you understand this  – in a short lapse of time - I will buy you a beer! Not simple or easy but in terms of  logics   necessary ,  essential Without it you will not understand where a word/verb come from nor what are their meaning in context, therefore you may not know what you are talking about as you will not have a full 100 % mastering of it !
negotiation (noun)   the activity or business of  negotiating  an agreement   The Tree:  act ;  human action ;  human activity   ╚ activity   ╚ negotiation negotiation,  ( noun)   a discussion intended  to produce   an  agreement The  Tree:  abstraction     FROM ╚ relation   ╚ social relation   ╚ communication   ╚ auditory  communication   ╚ speech ;  speech communication ;  spoken communication ;  spoken language ;  language ;  voice communication ;  oral communication   ╚ discussion ;  give-and-take ;  word   ╚ negotiation,  dialogue ,  talks     TO ╚ mediation ╚ horse trading ╚ collective bargaining ╚ bargaining ╚ diplomacy ;  diplomatic negotiations ╚ parley
to  negociate , negotiate, (verb) The Tree:  act ;  move     FROM ╚ interact   ╚  communicate ;  intercommunicate   ╚  talk ;  speak ;  utter ;  mouth ;  verbalize ;  verbalise   ╚ talk of ;  talk about   ╚ hash out ;  discuss ;  talk over   ╚ negociate ,  negotiate,  talk terms   TO ╚ broker ╚ dicker ;  bargain ╚ re- negociate ;  renegotiate ╚ intercede ;  mediate ;  intermediate ;  liaise ;  arbitrate
My observations  and a few thoughts  about the use/abuse, misconceptions, misunderstanding  on the concept of NEGOTIATION Chapter 1.02
The nefarious habit/influence of the use via internet of Google and Wikipedia and Facebook and Second life and Video games to the extreme has pushed human begins to isolate themselves more and more shielding themselves from the impervious challenges coming from the outside world. Today we experience difficulty in negotiating perhaps because there is a clear lack of interaction between humans based on knowing each other, negotiating our positions, defending our point of view, fighting for our needs and wants, in the end, being able to sort out in a decent manner potential conflicts in the making. I have some doubts about the validity of the 3 Winners scenarios,  WWW , because in any given situation there is going to be a  larger winner  than others. Today’s urban mythology that all is beautiful, that we live in a world of all winners, is pernicious and misleading. Dangerous in the least. World as it was, is and will be, is a world of latent conflicts, problems, issues, which can and should be confronted  one on one , person to person, head to head, eye to eye  with all the preparation, determination and attention that we can muster and manage. We can’t run away from negotiating in our every day life There in no place to hide except returning to your mother’s womb!
I have no pretence of teaching you what is defined - by some - as  the  Art of Negotiation , because I do not believe that it exists, if not in rare, very rare cases, where we have a Leonardo or a Michelangelo of negotiation in action. They are as rare as the  Mona Lisa  in the Louvre or the  Pietà  in the Vatican. I firmly believe that we can  ALL  negotiate because  every day we negotiate our life.  What is required are skills, preparation, knowledge and  savoir faire  (know how). Clicks   do  not build   Bricks .  Bricks  are built by negotiating with life, not in a pseudo baby-world of « Eldorado » or video game scenarios where war is won at the Microsoft Table in 3 D, no blood spilled, no pain, but always in the end gain. Now, is that conceivable?  Gain without pain ? Without negotiation? Not in the world I belong to ! Thank you for your attention to my lesson
Otium et Negotium a few words of explanation Chapter  1.03
Otium  and  Negotium  were two key concepts for Latin culture, but with a totally opposite value. And meaning. Indeed, while the  Negotia ( plural of   Negotium)  were activities purely performed in order to serve the  Senatus Popolusque Romanorum  (SPQR)  or - in modern terms - the State,  Otia (idem)  indicated  taking time off from  public devoted activity, or  free time for the  free citazin  for his private life , privacy or  study ( Otium litteraratum ).  For a long time Roman Society and Culture favoured the  Negotia .   This innate idea in Rome was influenced particularly by the typical rural values of the  mos maiorum  existing, from its origins in, the  cives romanus . Otium  thus remained only a small diversion/interlude that they allowed themselves from time to time between one  Negotiae  commitments and another… PS. Someone asked me a few days ago:  why  Otium  and then  Negotium ?  Slightly embarrassed I realized that unconsciously I had placed,  as usual in my mind,  the  PLAY HARD  part before the  WORK HARD.
Chapter 1.04 Quotes  Definition  Example of negotiations postures
John Fitzgerald Kennedy Mr. Eric Pernette Theodore Roosvelt Barack Obama Mohandas Gandhi  Marcus Junius Brutus  Marcus Antonius
So let us begin anew -- remembering on both sides that  civility is not a sign of weakness , and  sincerity is always subject to proof Let us never negotiate  out of fear , but let us  never fear  to negotiate.   JFK -  Inauguration speech  - 1961 You must exchange with the risk of changing   Mr. Eric Pernette –F2F meeting August 2009   The Courage To Do The Impossible Lies In The Hearts of Men. “ Leader” of Master & Commander, the Film
It is not the critic who counts: not the man who points out how   the strong man stumbles or where the doer of deeds could have done better.
The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat. Theodore Roosvelt - La Sorbonne, Paris, April 23, 1910
Mr. Obama has few illusions about  Mr. Putin. “ I found him tough, smart, shrewd, very unsentimental,  very pragmatic.  And on areas where we disagree, like Georgia, I don’t anticipate a meeting of minds anytime soon.”  By the same token, Mr Obama said he trusted Mr. Medvedev and found him “ straightforward and professional”.  The Economist, 11th July 2009
Gandhi tells British authorities that they  will leave  India Is it a negotiation? Is it a factual non negotiable point which should force the opposite to think or should he negotiate ? What is the force of Gahndi’s argument in his negotiating tone? What is the strenght of the Englishmen in their negotiating pattern ? www.americanrhetoric.com/MovieSpeeches/moviespeechgandhi3.html
Between Brutus and Marcus Antonius a negotiation ? Is it a tactical mistake of Brutus to let Marcus Antonius have his say? How does Marcus Antonius turn around the crowd ? Is it a negotiation or a skilled off-balancing on the part of Marcus Antonius of the opposite by the use of factual irony ?  By using the roman rethoric method on the part of Marcus Antonius  of saying what we want to say by saying the opposite  ? What are the factual and emotional elements that Marcus Antonius brings to the table? What are the main difference between the two. Is one a speech and the other an oration?  http://www.americanrhetoric.com/MovieSpeeches/moviespeechjuliuscaesarantony.html
Chapter 1.05 1.05.01 Qualities and Character of a negotiator 1.05.02 Fields, Types and Areas of negotiation 1.05.03 What  not  to bring to the table 1.05.04 Winner & Losers. The myth of  WinWinWin  vs. the reality of  WinWinWin
1.05.o1 Qualities of a terrific one-in-class negotiator  my definition Preparation Numbers & Facts on the tip of your fingers Make it clear that what you  SAY  is what you will do Make sure that you will  DO  is  what you said you would Flexibility , always Punch - if and when called for  Stepping back, when required
Qualities of a  terrific  one-in-class negotiator  straight from the mouth  of  a one-in-class negotiator   Listening Listening Listening I must admit I was surprised how this coincided with my previous apprentiship  in a Masonic Lodge where for the first 3 years I had to listen before beign allowed to talk!
An advise to a future - green & young - negotiator Follow the leader, « carry his bag », enter in the « big boys club » and become part of a negotiation session as a listener
Therefore I will talk to you about………… In talking to good  professional negotiators I came across the fact that  indeed there are quite a number/types of negotiations  possible in the  universe of a Company, depending on the field of business, diverse activities, opposites, object of the negotiation. As well as negotiations in your day-to-day life,  in politics, war, between countries, between sharp contrasting interests. Therefore I will talk to you about…………
1.05.02 Fields,Types and Areas of negotiation Industrial relations with Trade Unions Commercial agreements (buy & sell) Service contracts Partnerships Joint ventures Mergers and Acquisitions A political agreement  Your fiancée's hand Your kids demands A bank loan Your salary ! Everything and Anything that is negotiable keeping in mind that  Anything & Everything  is negotiable
1.05.03 What imperatively you must  not   bring to the negotiation table Lack of Integrity Ulterior motives Hidden Agenda Lack of good faith False information or data
1.05.04 Winner & Losers.  The myth of  WWW  vs. the reality of  small  wins,  ok  wins and  large  wins There are  no  two winners in a  prize fight,  just the one who rolls the best punches There is  a winner  and  a loser : “The Bronx Bull”Jacke Lamotta  or  “Sugar” Ray Robinson NOT  the public,  NOT  the referee. This even more in a three way negotiation. Therefore please get out of you mind that we are all good, soft, that we love the earth, that we love not to hurt. Because if you don’t get it out of your mind, stiffen up, you will get hurt, badly at times In business there  are winners, losers  or less winners. But for sure no equals
1.05.04   Winner & Losers.  The myth of  WinWinWin  vs.  the reality  of  WinWinWin  Who are the  Winners in a business negotiation ? First of all Your company Second You and your company Possibly You and both companies
Chapter 1.06 First part Substance
Si vis pacem para bellum You are the key & center of your negotiating world. Be  one in class  when you negotiate. Those who  dare to dare ,  sort out   inventive  SOLUTIONS , are pragmatic and - at the same time - able to act in a non-pragmatic fashion if so called for,  contribute  brilliant  SOLUTIONS , are motivated by the aim of reaching a WinWinWin agreement,  create   SOLUTIONS  ,  think   SOLUTION  before the manifestation of the problem, are  -  in my view & professional experience - valid negotiators.
Si vis pacem para bellum To negotiate you must  master  and  muster Points  (Infos) Figures (Data) And know  PEOPLE , think  PEOPLE  because if don’t know  PEOPLE  you will never give the opposite an  honourable  way out
Si vis pacem para bellum You WILL Prepare a script Roll it out with a  superb,  better than you ,  Sparring Partner and defend it tooth and nail Answer tough questions never taking it personaly Train, train, train
Si vis pacem para bellum Preparing yourself for the first round of negotiations You must and will : Prepare  your   plan of action , a  time-table as well as a schedule Set  your  Agenda  Define what is  negotiable ,  not negotiable  and  in-between Define what is  marginal  and what is  priority  for your Company Set you  imaginary  scenario, seating positions & allotted time for each step and phase Define in your mind who is going to run the negotiation session, us or them ?  Define , again in your mind, who is going to chair the negotiation session, acting as  an arbiter  even if he belongs to one of the two camps  Clarify in your mind and set what Rules of Order will govern you negotiating meeting Scroll  down your agenda with your  splendid  Sparring Partner (an in boxing) and lay out your positions, argument your arguments, points, to the limit (that I mean) issues tooth and nails No blood spilled but hard tack, attack and defence, we are not in the boy scouts , you are selling and defending your Company, no prisoners, and prisoners must be taken often.. Prepare and put to your Sparring Partner tough questions never attacking him personally Answer tough questions from your SP never taking it personally Train, train, train The only things, the one and only that you must be sure of is  yourself .  If you bring all you have , to the best, you  will probably not be loved but surely respecetd and perhaps  admired Last but not least,  if  you are a smart one , try to negotiate  as if you  where  your opposite !!!!!
Si vis pacem para bellum Keep well impressed in your mind  that you have  one  and only  one   chance  in negotiating a good agreement if you are in charge of it. If you miss this opportunity, you are out. You are off my team. No time for   “shape up or ship out”  for you. It’s over, for you.
  Chapter 1.06 Second part   Form
Never make derogatory or overly gratifying remarks to your negotiating counterpart.
Remember never, ever,  ever  humiliate the negotiating couterpart. He may and will get retribution one day
Always think and build your answer or your next question when your coutrepart is talking Listen and think at the same time
Your answer could be a question
Chapter 1.07 Method
Always think  Bottom Line . Always keep in mind that full control, knowledge, reactiveness, analysis, and good mathematics (without your pocket calculator) : 2 plus 2 is always 4, neither three nor 5 4 times 2 is 8 8 by eight is 64 And € 10,000.00 divided by 112 is ?   are key  to becoming proficient &  smart at negotiating
Always start from economics or economic impact subjects that are  difficult
Never Stall. It is a sign of weakness or incompetence or ignorance or, worst-case scenario, being identified as a P.o.S. or  a S.o.B.
Always finish one point of negotiation before moving to the next one It may block a negotiation but it will show your committment You will then be  viewed as a credible counterpart and interface.
Summa Always remember the tecniques, the nuances, the skills of your negotiating countepart. If you do not succeed 100 % ,  if you have played by the rules , you may/will/could have a second, third opportunit & chanche to better your performance, output and result and show your true colours. Good luck and good work
Intermission Home work Rehears all that was done today and prepare yourself for the first ½ hour of Q/A during lesson TWO Got it ? Read Chapter ONE and TWO of the book. Better if all (It will take you one day) By-by  to the next lesson
 
Lesson of day TWO Let’s get down to business Negotiating an agreement without giving in  (*) Parts of this presentation are an adaptation or simple lifting of parts from the book, others are copies from the Internet (*) subtitle to the book  GETTING TO YES.
QUESTION of the DAY How  do we negotiate on an  everyday basis ? In  which  environment,  with  whom ,  what  do we negotiate for ,  when  and,   above all,  why  ?
This is your standard network of contacts, websites, etc…  that you have on you dashboard.  Are you going to use it at all times and with what frequency?
This is your world of negotiable contacts. How many can you really exploit and negotiate with ?
The evolution of a negotiated relationship on Facebook  form Total Network to « Real friends ? » non - clustering
The evolution of a negotiated relationship on Facebook  form  Total Network  to «  Real friends ?  » clustering
Original  Network  179  contacts  on Facebook high clustering
C ontacts maintained Actively  following the postings of smaller groups lower clustering
Messages   sent to even fewer people  One way pings - One way communication ( ping-no-echo  – no doppler effect) minimal clustering
Of those only  some  reciprocate. Are they «  real friends  » ? Is there a mutual communication in place ? no clustering Should we further NEGOTIATE ?
 
Soft Negotiating Positioning Partecipants are friends The goal is agreement Concessions are to be made to cultivate the relationship Go soft on the people and the problem Tust others Change your position easily Make offers Disclose your bottom line Accept one-sided losses to reach agreement Search for the single answer : the only  they will accept Insist on agreement Try to avoid a contest of will Yield to preassure
Hard Negotiating Positioning Partecipants are adversaries The goal is victory Demand concessions as a condition of the relationship Be hard on the the problem and the people  Distrust others Dig in to  your position Make threats Mislead as to your bottom line Demand one-sided gains as the price of agreement Search for the single answer : the only  you will  accept Insist on your position Try to win a contest of will Apply preassure
The game of negotiation It takes place at two levels : On one level negotiation process addresses the  substance   On another level the negotiation process focuses – implicitly – on the  procedure for dealing with substance
The first level negotiation process addresses the substance  which  may concern your salary, the terms of a lease, a price to be paid. The second level negotiation  focuses on the procedure for dealing with substance and  concerns  how  you will negotiate the substantive question  :  either by soft positional bargaining or by hard positional bargaining or by some other method This second level negotiation is a game about a game -  a  meta game. Each move you make within a negotiation is not only a move that deals with rent, salary, or other substantive questions; it also helps structure the rules of the game you are playing. Your move may serve to keep the negotiation within an ongoing mode, or it may constitute a game-changing move
Chapter 2.01 Definining a straightforward method of negotiation that you will be able to use in most circumstances
2.01.01 Separate the People from the problem Emotions become entangled with the objective merits of the problem Taking positions makes this worse because people’s ego become idendified with their ego and their positions. You must be  working side by side with your opposte and allies, attacking the problem, not the  other , not beign part of the problem, but the solution.
2.01.02 Focus on  interest  not position Overcome the drawback of focusing on people’s stated positions when the objective of a negotitation is to satisfy their underlying intersts A negotiating position often obscures what you really want Compromising between positions is not likely to produce an agreement which effectivley takes care of human needs that leads people to adopt those positions
2.01.03 Invent  options for mutual gains before trying to reach agreement It is difficult to design  optimal solutions when under preassure. Trying to decide in the presence of an opposite narrows you scope and vision Having a lot at stake narrows you vision. Searching for the one right solution will also narrow your vision
2.01.04 Result must be based on some objective standard by using objective critera Any negotiator may be able to reach a favourable result simply by being hard headed This modus operandi tends to prize intransigence and will produce arbitrry results. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
All this in a No gloves offatmosphere Smile Tought barganing if so required Give and take Respect of the well prepared opposite Never giving and always giving in
 
What is negotiable and what is  not   negotiable Rule of thumb  20 percent that produces the 80 percent of all is non negotiable The 80 percent which produces the 20 if fully negotiable
The tecnique of pre-negotiting the negotiable A small trick you should know before entering the  heat of the meeting 60 percent of the total subject of the negotiating agenda & session can be addressed & negotiated  before the face-to-face meeting  and got out of your way You can then focus the heart of the matter tough-nut-to-carck 20 percent that is not negotiable  which is part  the remaining 40 percent, half of which is negotiable in order to give you leeway during the session If you are so clever to get 60 percent of the remaining 40 percent negotiated without any damage to your side and acceptable by  your  “opposites”  , then  Bingo !!!!!!!!!!!!!!!!!! you got it! The negotiation was a success. No blood spilled!!!!!!
How do you set up a communication & negotiating strategy in order to be sure that the 60 percent of all issues on the table  out of the way,  deal done  before the meeting takes place ?   By working with means, tools, etc available to you or your company or both such as : Lotus Notes,  Access,  Excel Work-sheets and Word Papers  E-mails,  Voice Mails,  Voice Conferences,  Video Conferences,  I nstant  M essaging Conferences Web Presentation & Application Sharing Conferences Presence information [Status, Media availability, (IM & Data, Audio, Video)] Possibly in a combined  Collaborative System   Get the easy part out of the way and prepare a check list. NEVER EXPECT , ALWAYS  INSPECT  & VERIFY

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01. Negotiating Presentation For The Seminar Generic 2009 September Beta Release 1.16 04092009

  • 1. Otium or Negotium ? The thrill of Negotiating Playing hard by negotiating efficiently Folgore Eugenio Pozzolini – The Pozzolini Flying Circus 2009 (parts of this presentation are Copyrights of other authors) The Courage To Do The Impossible Lies In The Hearts of Men 2009 September Beta Release 1.16
  • 2. This is an Open Source document, hence free . However be kind to contact me at [email_address] before using any part of it. Folgore Eugenio Pozzolini 2009 (parts of this presentation are Copyrights of other authors)
  • 3. A thank you to My father, who negotiated his survival during WW 2 as a freedom fighter Mr. Eric Pernette – Head of Industrial Relations ERDF For his effort in discussing this paper, advice and common good sense Roger Fisher , PhD – Harvard Law School William Ury , PhD, co-founder Harvard's Program on Negotiation Director the Global Negotiating Initiative Bruce Patton - Deputy Director Negotiation Project Harvard Negotiation Project authors of GETTING TO YES (Negotiating agreement without giving in) whom I quote extensivley in this course
  • 4. Objective of the course To get, you, through the understanding of the sequence of actions which will take place in conducting a negotiation and negotiating, to comprehend the meaning, value and effort – as well as skills - required to negotiate The Latin ethymology of the verb to negotiate is : negotiatus , past participle of negotiari to carry on business from the noun negotium , neg ( not) + otium ( leisure) which means in one simple sentence GOOD WORK !
  • 5. Chapter 1.01 Today’s ethimology of the word/verb negotiate The construction of the linguistic process and its derivates by analysing the linguistic and philological root tree. Where do the word negotiation and the verb to negotiate come from? What are the variances and derivations of both ? Where do they lead to? What other meanings can we attribute to both!?! If you understand this – in a short lapse of time - I will buy you a beer! Not simple or easy but in terms of logics necessary , essential Without it you will not understand where a word/verb come from nor what are their meaning in context, therefore you may not know what you are talking about as you will not have a full 100 % mastering of it !
  • 6. negotiation (noun) the activity or business of negotiating an agreement The Tree: act ; human action ; human activity ╚ activity ╚ negotiation negotiation, ( noun) a discussion intended to produce an agreement The Tree: abstraction FROM ╚ relation ╚ social relation ╚ communication ╚ auditory communication ╚ speech ; speech communication ; spoken communication ; spoken language ; language ; voice communication ; oral communication ╚ discussion ; give-and-take ; word ╚ negotiation, dialogue , talks TO ╚ mediation ╚ horse trading ╚ collective bargaining ╚ bargaining ╚ diplomacy ; diplomatic negotiations ╚ parley
  • 7. to negociate , negotiate, (verb) The Tree: act ; move FROM ╚ interact ╚ communicate ; intercommunicate ╚ talk ; speak ; utter ; mouth ; verbalize ; verbalise ╚ talk of ; talk about ╚ hash out ; discuss ; talk over ╚ negociate , negotiate, talk terms TO ╚ broker ╚ dicker ; bargain ╚ re- negociate ; renegotiate ╚ intercede ; mediate ; intermediate ; liaise ; arbitrate
  • 8. My observations and a few thoughts about the use/abuse, misconceptions, misunderstanding on the concept of NEGOTIATION Chapter 1.02
  • 9. The nefarious habit/influence of the use via internet of Google and Wikipedia and Facebook and Second life and Video games to the extreme has pushed human begins to isolate themselves more and more shielding themselves from the impervious challenges coming from the outside world. Today we experience difficulty in negotiating perhaps because there is a clear lack of interaction between humans based on knowing each other, negotiating our positions, defending our point of view, fighting for our needs and wants, in the end, being able to sort out in a decent manner potential conflicts in the making. I have some doubts about the validity of the 3 Winners scenarios, WWW , because in any given situation there is going to be a larger winner than others. Today’s urban mythology that all is beautiful, that we live in a world of all winners, is pernicious and misleading. Dangerous in the least. World as it was, is and will be, is a world of latent conflicts, problems, issues, which can and should be confronted one on one , person to person, head to head, eye to eye with all the preparation, determination and attention that we can muster and manage. We can’t run away from negotiating in our every day life There in no place to hide except returning to your mother’s womb!
  • 10. I have no pretence of teaching you what is defined - by some - as the Art of Negotiation , because I do not believe that it exists, if not in rare, very rare cases, where we have a Leonardo or a Michelangelo of negotiation in action. They are as rare as the Mona Lisa in the Louvre or the Pietà in the Vatican. I firmly believe that we can ALL negotiate because every day we negotiate our life. What is required are skills, preparation, knowledge and savoir faire (know how). Clicks do not build Bricks . Bricks are built by negotiating with life, not in a pseudo baby-world of « Eldorado » or video game scenarios where war is won at the Microsoft Table in 3 D, no blood spilled, no pain, but always in the end gain. Now, is that conceivable? Gain without pain ? Without negotiation? Not in the world I belong to ! Thank you for your attention to my lesson
  • 11. Otium et Negotium a few words of explanation Chapter 1.03
  • 12. Otium and Negotium were two key concepts for Latin culture, but with a totally opposite value. And meaning. Indeed, while the Negotia ( plural of Negotium) were activities purely performed in order to serve the Senatus Popolusque Romanorum (SPQR) or - in modern terms - the State, Otia (idem) indicated taking time off from public devoted activity, or free time for the free citazin for his private life , privacy or study ( Otium litteraratum ). For a long time Roman Society and Culture favoured the Negotia . This innate idea in Rome was influenced particularly by the typical rural values of the mos maiorum existing, from its origins in, the cives romanus . Otium thus remained only a small diversion/interlude that they allowed themselves from time to time between one Negotiae commitments and another… PS. Someone asked me a few days ago: why Otium and then Negotium ? Slightly embarrassed I realized that unconsciously I had placed, as usual in my mind, the PLAY HARD part before the WORK HARD.
  • 13. Chapter 1.04 Quotes Definition Example of negotiations postures
  • 14. John Fitzgerald Kennedy Mr. Eric Pernette Theodore Roosvelt Barack Obama Mohandas Gandhi Marcus Junius Brutus Marcus Antonius
  • 15. So let us begin anew -- remembering on both sides that civility is not a sign of weakness , and sincerity is always subject to proof Let us never negotiate out of fear , but let us never fear to negotiate. JFK - Inauguration speech - 1961 You must exchange with the risk of changing Mr. Eric Pernette –F2F meeting August 2009 The Courage To Do The Impossible Lies In The Hearts of Men. “ Leader” of Master & Commander, the Film
  • 16. It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better.
  • 17. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat. Theodore Roosvelt - La Sorbonne, Paris, April 23, 1910
  • 18. Mr. Obama has few illusions about Mr. Putin. “ I found him tough, smart, shrewd, very unsentimental, very pragmatic. And on areas where we disagree, like Georgia, I don’t anticipate a meeting of minds anytime soon.” By the same token, Mr Obama said he trusted Mr. Medvedev and found him “ straightforward and professional”. The Economist, 11th July 2009
  • 19. Gandhi tells British authorities that they will leave India Is it a negotiation? Is it a factual non negotiable point which should force the opposite to think or should he negotiate ? What is the force of Gahndi’s argument in his negotiating tone? What is the strenght of the Englishmen in their negotiating pattern ? www.americanrhetoric.com/MovieSpeeches/moviespeechgandhi3.html
  • 20. Between Brutus and Marcus Antonius a negotiation ? Is it a tactical mistake of Brutus to let Marcus Antonius have his say? How does Marcus Antonius turn around the crowd ? Is it a negotiation or a skilled off-balancing on the part of Marcus Antonius of the opposite by the use of factual irony ? By using the roman rethoric method on the part of Marcus Antonius of saying what we want to say by saying the opposite ? What are the factual and emotional elements that Marcus Antonius brings to the table? What are the main difference between the two. Is one a speech and the other an oration? http://www.americanrhetoric.com/MovieSpeeches/moviespeechjuliuscaesarantony.html
  • 21. Chapter 1.05 1.05.01 Qualities and Character of a negotiator 1.05.02 Fields, Types and Areas of negotiation 1.05.03 What not to bring to the table 1.05.04 Winner & Losers. The myth of WinWinWin vs. the reality of WinWinWin
  • 22. 1.05.o1 Qualities of a terrific one-in-class negotiator my definition Preparation Numbers & Facts on the tip of your fingers Make it clear that what you SAY is what you will do Make sure that you will DO is what you said you would Flexibility , always Punch - if and when called for Stepping back, when required
  • 23. Qualities of a terrific one-in-class negotiator straight from the mouth of a one-in-class negotiator Listening Listening Listening I must admit I was surprised how this coincided with my previous apprentiship in a Masonic Lodge where for the first 3 years I had to listen before beign allowed to talk!
  • 24. An advise to a future - green & young - negotiator Follow the leader, « carry his bag », enter in the « big boys club » and become part of a negotiation session as a listener
  • 25. Therefore I will talk to you about………… In talking to good professional negotiators I came across the fact that indeed there are quite a number/types of negotiations possible in the universe of a Company, depending on the field of business, diverse activities, opposites, object of the negotiation. As well as negotiations in your day-to-day life, in politics, war, between countries, between sharp contrasting interests. Therefore I will talk to you about…………
  • 26. 1.05.02 Fields,Types and Areas of negotiation Industrial relations with Trade Unions Commercial agreements (buy & sell) Service contracts Partnerships Joint ventures Mergers and Acquisitions A political agreement Your fiancée's hand Your kids demands A bank loan Your salary ! Everything and Anything that is negotiable keeping in mind that Anything & Everything is negotiable
  • 27. 1.05.03 What imperatively you must not bring to the negotiation table Lack of Integrity Ulterior motives Hidden Agenda Lack of good faith False information or data
  • 28. 1.05.04 Winner & Losers. The myth of WWW vs. the reality of small wins, ok wins and large wins There are no two winners in a prize fight, just the one who rolls the best punches There is a winner and a loser : “The Bronx Bull”Jacke Lamotta or “Sugar” Ray Robinson NOT the public, NOT the referee. This even more in a three way negotiation. Therefore please get out of you mind that we are all good, soft, that we love the earth, that we love not to hurt. Because if you don’t get it out of your mind, stiffen up, you will get hurt, badly at times In business there are winners, losers or less winners. But for sure no equals
  • 29. 1.05.04 Winner & Losers. The myth of WinWinWin vs. the reality of WinWinWin Who are the Winners in a business negotiation ? First of all Your company Second You and your company Possibly You and both companies
  • 30. Chapter 1.06 First part Substance
  • 31. Si vis pacem para bellum You are the key & center of your negotiating world. Be one in class when you negotiate. Those who dare to dare , sort out inventive SOLUTIONS , are pragmatic and - at the same time - able to act in a non-pragmatic fashion if so called for, contribute brilliant SOLUTIONS , are motivated by the aim of reaching a WinWinWin agreement, create SOLUTIONS , think SOLUTION before the manifestation of the problem, are - in my view & professional experience - valid negotiators.
  • 32. Si vis pacem para bellum To negotiate you must master and muster Points (Infos) Figures (Data) And know PEOPLE , think PEOPLE because if don’t know PEOPLE you will never give the opposite an honourable way out
  • 33. Si vis pacem para bellum You WILL Prepare a script Roll it out with a superb, better than you , Sparring Partner and defend it tooth and nail Answer tough questions never taking it personaly Train, train, train
  • 34. Si vis pacem para bellum Preparing yourself for the first round of negotiations You must and will : Prepare your plan of action , a time-table as well as a schedule Set your Agenda Define what is negotiable , not negotiable and in-between Define what is marginal and what is priority for your Company Set you imaginary scenario, seating positions & allotted time for each step and phase Define in your mind who is going to run the negotiation session, us or them ? Define , again in your mind, who is going to chair the negotiation session, acting as an arbiter even if he belongs to one of the two camps Clarify in your mind and set what Rules of Order will govern you negotiating meeting Scroll down your agenda with your splendid Sparring Partner (an in boxing) and lay out your positions, argument your arguments, points, to the limit (that I mean) issues tooth and nails No blood spilled but hard tack, attack and defence, we are not in the boy scouts , you are selling and defending your Company, no prisoners, and prisoners must be taken often.. Prepare and put to your Sparring Partner tough questions never attacking him personally Answer tough questions from your SP never taking it personally Train, train, train The only things, the one and only that you must be sure of is yourself . If you bring all you have , to the best, you will probably not be loved but surely respecetd and perhaps admired Last but not least, if you are a smart one , try to negotiate as if you where your opposite !!!!!
  • 35. Si vis pacem para bellum Keep well impressed in your mind that you have one and only one chance in negotiating a good agreement if you are in charge of it. If you miss this opportunity, you are out. You are off my team. No time for “shape up or ship out” for you. It’s over, for you.
  • 36. Chapter 1.06 Second part Form
  • 37. Never make derogatory or overly gratifying remarks to your negotiating counterpart.
  • 38. Remember never, ever, ever humiliate the negotiating couterpart. He may and will get retribution one day
  • 39. Always think and build your answer or your next question when your coutrepart is talking Listen and think at the same time
  • 40. Your answer could be a question
  • 42. Always think Bottom Line . Always keep in mind that full control, knowledge, reactiveness, analysis, and good mathematics (without your pocket calculator) : 2 plus 2 is always 4, neither three nor 5 4 times 2 is 8 8 by eight is 64 And € 10,000.00 divided by 112 is ? are key to becoming proficient & smart at negotiating
  • 43. Always start from economics or economic impact subjects that are difficult
  • 44. Never Stall. It is a sign of weakness or incompetence or ignorance or, worst-case scenario, being identified as a P.o.S. or a S.o.B.
  • 45. Always finish one point of negotiation before moving to the next one It may block a negotiation but it will show your committment You will then be viewed as a credible counterpart and interface.
  • 46. Summa Always remember the tecniques, the nuances, the skills of your negotiating countepart. If you do not succeed 100 % , if you have played by the rules , you may/will/could have a second, third opportunit & chanche to better your performance, output and result and show your true colours. Good luck and good work
  • 47. Intermission Home work Rehears all that was done today and prepare yourself for the first ½ hour of Q/A during lesson TWO Got it ? Read Chapter ONE and TWO of the book. Better if all (It will take you one day) By-by to the next lesson
  • 48.  
  • 49. Lesson of day TWO Let’s get down to business Negotiating an agreement without giving in (*) Parts of this presentation are an adaptation or simple lifting of parts from the book, others are copies from the Internet (*) subtitle to the book GETTING TO YES.
  • 50. QUESTION of the DAY How do we negotiate on an everyday basis ? In which environment, with whom , what do we negotiate for , when and, above all, why ?
  • 51. This is your standard network of contacts, websites, etc… that you have on you dashboard. Are you going to use it at all times and with what frequency?
  • 52. This is your world of negotiable contacts. How many can you really exploit and negotiate with ?
  • 53. The evolution of a negotiated relationship on Facebook form Total Network to « Real friends ? » non - clustering
  • 54. The evolution of a negotiated relationship on Facebook form Total Network to « Real friends ? » clustering
  • 55. Original Network 179 contacts on Facebook high clustering
  • 56. C ontacts maintained Actively following the postings of smaller groups lower clustering
  • 57. Messages sent to even fewer people One way pings - One way communication ( ping-no-echo – no doppler effect) minimal clustering
  • 58. Of those only some reciprocate. Are they « real friends » ? Is there a mutual communication in place ? no clustering Should we further NEGOTIATE ?
  • 59.  
  • 60. Soft Negotiating Positioning Partecipants are friends The goal is agreement Concessions are to be made to cultivate the relationship Go soft on the people and the problem Tust others Change your position easily Make offers Disclose your bottom line Accept one-sided losses to reach agreement Search for the single answer : the only they will accept Insist on agreement Try to avoid a contest of will Yield to preassure
  • 61. Hard Negotiating Positioning Partecipants are adversaries The goal is victory Demand concessions as a condition of the relationship Be hard on the the problem and the people Distrust others Dig in to your position Make threats Mislead as to your bottom line Demand one-sided gains as the price of agreement Search for the single answer : the only you will accept Insist on your position Try to win a contest of will Apply preassure
  • 62. The game of negotiation It takes place at two levels : On one level negotiation process addresses the substance On another level the negotiation process focuses – implicitly – on the procedure for dealing with substance
  • 63. The first level negotiation process addresses the substance which may concern your salary, the terms of a lease, a price to be paid. The second level negotiation focuses on the procedure for dealing with substance and concerns how you will negotiate the substantive question : either by soft positional bargaining or by hard positional bargaining or by some other method This second level negotiation is a game about a game - a meta game. Each move you make within a negotiation is not only a move that deals with rent, salary, or other substantive questions; it also helps structure the rules of the game you are playing. Your move may serve to keep the negotiation within an ongoing mode, or it may constitute a game-changing move
  • 64. Chapter 2.01 Definining a straightforward method of negotiation that you will be able to use in most circumstances
  • 65. 2.01.01 Separate the People from the problem Emotions become entangled with the objective merits of the problem Taking positions makes this worse because people’s ego become idendified with their ego and their positions. You must be working side by side with your opposte and allies, attacking the problem, not the other , not beign part of the problem, but the solution.
  • 66. 2.01.02 Focus on interest not position Overcome the drawback of focusing on people’s stated positions when the objective of a negotitation is to satisfy their underlying intersts A negotiating position often obscures what you really want Compromising between positions is not likely to produce an agreement which effectivley takes care of human needs that leads people to adopt those positions
  • 67. 2.01.03 Invent options for mutual gains before trying to reach agreement It is difficult to design optimal solutions when under preassure. Trying to decide in the presence of an opposite narrows you scope and vision Having a lot at stake narrows you vision. Searching for the one right solution will also narrow your vision
  • 68. 2.01.04 Result must be based on some objective standard by using objective critera Any negotiator may be able to reach a favourable result simply by being hard headed This modus operandi tends to prize intransigence and will produce arbitrry results. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
  • 69. All this in a No gloves offatmosphere Smile Tought barganing if so required Give and take Respect of the well prepared opposite Never giving and always giving in
  • 70.  
  • 71. What is negotiable and what is not negotiable Rule of thumb 20 percent that produces the 80 percent of all is non negotiable The 80 percent which produces the 20 if fully negotiable
  • 72. The tecnique of pre-negotiting the negotiable A small trick you should know before entering the heat of the meeting 60 percent of the total subject of the negotiating agenda & session can be addressed & negotiated before the face-to-face meeting and got out of your way You can then focus the heart of the matter tough-nut-to-carck 20 percent that is not negotiable which is part the remaining 40 percent, half of which is negotiable in order to give you leeway during the session If you are so clever to get 60 percent of the remaining 40 percent negotiated without any damage to your side and acceptable by your “opposites” , then Bingo !!!!!!!!!!!!!!!!!! you got it! The negotiation was a success. No blood spilled!!!!!!
  • 73. How do you set up a communication & negotiating strategy in order to be sure that the 60 percent of all issues on the table out of the way, deal done before the meeting takes place ? By working with means, tools, etc available to you or your company or both such as : Lotus Notes, Access, Excel Work-sheets and Word Papers E-mails, Voice Mails, Voice Conferences, Video Conferences, I nstant M essaging Conferences Web Presentation & Application Sharing Conferences Presence information [Status, Media availability, (IM & Data, Audio, Video)] Possibly in a combined Collaborative System Get the easy part out of the way and prepare a check list. NEVER EXPECT , ALWAYS INSPECT & VERIFY