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Principles to successful negotiations
1. Principles to SuccessfulPrinciples to Successful
NegotiationsNegotiations
Kathleen LagraveKathleen Lagrave
2007 Awards Trip2007 Awards Trip
2. Negotiating: A Life SkillNegotiating: A Life Skill
Negotiating is everywhere:Negotiating is everywhere:
Family membersFamily members
FriendsFriends
NeighborsNeighbors
ColleaguesColleagues
Business associatesBusiness associates
Applying these principles will help youApplying these principles will help you
achieve a balanced agreementachieve a balanced agreement
3. Misunderstanding AboutMisunderstanding About
NegotiatingNegotiating
Nobody should loses in an agreementNobody should loses in an agreement
But in practice, many accept agreementsBut in practice, many accept agreements
that work against their best interestthat work against their best interest
Why?Why?
Process information incorrectlyProcess information incorrectly
Allow our judgment to be swayed by emotionsAllow our judgment to be swayed by emotions
or irrelevant eventsor irrelevant events
4. A Rational ApproachA Rational Approach
The interplay in negotiations is as variableThe interplay in negotiations is as variable
as human personalityas human personality
It is unlikely to conform perfectly to anyIt is unlikely to conform perfectly to any
business modelbusiness model
However, if you understand the underlyingHowever, if you understand the underlying
dynamics of negotiations, you will be abledynamics of negotiations, you will be able
to isolate:to isolate:
Common biasesCommon biases
MistakesMistakes
5. Your Two GoalsYour Two Goals
Integrative NegotiationsIntegrative Negotiations
Increase the size of the “pie”Increase the size of the “pie”
Extend the range of the issues in aExtend the range of the issues in a
negotiations to make the deal bigger andnegotiations to make the deal bigger and
betterbetter
Distributive NegotiationsDistributive Negotiations
Maximize your “share” of the pieMaximize your “share” of the pie
Your goal is to work towards bothYour goal is to work towards both
6. Irrational Tendencies inIrrational Tendencies in
NegotiationsNegotiations
Watch out for these:Watch out for these:
Unrealistic ExpectationsUnrealistic Expectations
Escalation of CommitmentEscalation of Commitment
Over-competitivenessOver-competitiveness
AnchorsAnchors
FramesFrames
7. Irrational Tendencies inIrrational Tendencies in
NegotiationsNegotiations
Unrealistic ExpectationsUnrealistic Expectations
Under-confident – we undervalue our assetsUnder-confident – we undervalue our assets
and what we have to bargain withand what we have to bargain with
Other party may reduce value of assetsOther party may reduce value of assets
Over-confident – often think they know it all inOver-confident – often think they know it all in
advance and shut out new sources ofadvance and shut out new sources of
information and refuse to considerinformation and refuse to consider
alternatives and creative solutions which canalternatives and creative solutions which can
increase the size of the “pie”increase the size of the “pie”
8. Irrational Tendencies inIrrational Tendencies in
NegotiationsNegotiations
Escalation of CommitmentEscalation of Commitment
If it is taking too long to reach an agreement, we get nervousIf it is taking too long to reach an agreement, we get nervous
We feel the pressure of time and effort building upWe feel the pressure of time and effort building up
This leads us to escalate our commitment and accept a deal whichThis leads us to escalate our commitment and accept a deal which
actually makes us worse offactually makes us worse off
Sometimes this is a tactic of the opposing partySometimes this is a tactic of the opposing party
Over-competitivenessOver-competitiveness
Humans love to competeHumans love to compete
Pushes us into the mind set of “your loss, is my gain”Pushes us into the mind set of “your loss, is my gain”
Distributive NegotiationsDistributive Negotiations
We lose sight of important opportunities which may expandedWe lose sight of important opportunities which may expanded
the “pie”the “pie”
Integrative NegotiationsIntegrative Negotiations
9. Irrational Tendencies inIrrational Tendencies in
NegotiationsNegotiations
Setting the wrong “anchor” or $$ valueSetting the wrong “anchor” or $$ value
Research shows that people consistently lookResearch shows that people consistently look
for and rely on anchors in making a judgmentfor and rely on anchors in making a judgment
Example: Depressed job market: take a job with aExample: Depressed job market: take a job with a
salary below industry averagesalary below industry average
Anchor: Having a job in a depressed market isAnchor: Having a job in a depressed market is
better then not having a job at allbetter then not having a job at all
Sometimes anchors have very littleSometimes anchors have very little
applicability to the current situationapplicability to the current situation
If this happens, you have to work on changing theIf this happens, you have to work on changing the
anchor that has been previously setanchor that has been previously set
10. Irrational Tendencies inIrrational Tendencies in
NegotiationsNegotiations
Setting the wrong “frame”Setting the wrong “frame”
People can react very differently to identical proposalsPeople can react very differently to identical proposals
when the perspective or framing changeswhen the perspective or framing changes
Instead of focusing on risk, focus on opportunityInstead of focusing on risk, focus on opportunity
Instead of purchase price, focus on net profitInstead of purchase price, focus on net profit
Both the type of information brought into a negotiationBoth the type of information brought into a negotiation
and the word choice and phrasing can influence howand the word choice and phrasing can influence how
elements are being understood and interpretedelements are being understood and interpreted
Know your “frames” and the opposing party’s “frames”Know your “frames” and the opposing party’s “frames”
before entering into a discussion and test yourbefore entering into a discussion and test your
perspectives to make sure they align with the opposingperspectives to make sure they align with the opposing
party’sparty’s
11. How to avoid irrational tendenciesHow to avoid irrational tendencies
Your goal is to get the best possible dealYour goal is to get the best possible deal
thatthat improves your positionimproves your position
We often make the mistake of assumingWe often make the mistake of assuming
because we are in negotiations, we mustbecause we are in negotiations, we must
reach an agreement and because of thisreach an agreement and because of this
we will escalate our commitmentswe will escalate our commitments
irrationallyirrationally
To avoid this, we need to assess ourTo avoid this, we need to assess our
alternativesalternatives
12. How to avoid irrational tendenciesHow to avoid irrational tendencies
BATNABATNA
Reservation PriceReservation Price
TargetTarget
Be open to new informationBe open to new information
FairnessFairness
TrustTrust
13. BATNABATNA
What is yourWhat is your BBestest AAlternativelternative TTo ao a
NNegotiatedegotiated AAgreement?greement?
This is the absolute bottom lineThis is the absolute bottom line
Know what this is before going intoKnow what this is before going into
negotiationsnegotiations
If an agreement is NOT better then yourIf an agreement is NOT better then your
BATNA, you are worse off – walk away!BATNA, you are worse off – walk away!
14. Reservation PriceReservation Price
The valueThe value belowbelow which you would rather acceptwhich you would rather accept
an impasse and settle for BATNAan impasse and settle for BATNA
Your goal is NOT to just get any deal nor is it toYour goal is NOT to just get any deal nor is it to
accept a deal that makes you just slightly betteraccept a deal that makes you just slightly better
offoff
Your goal is to get the best deal you canYour goal is to get the best deal you can
Although it may seem irrational to acceptAlthough it may seem irrational to accept
impasse over an agreement that improves yourimpasse over an agreement that improves your
position, you sometimes need to show theposition, you sometimes need to show the
willingness to walk away from a marginalwillingness to walk away from a marginal
agreement in order to achieve an excellent oneagreement in order to achieve an excellent one
15. TargetTarget
Opposite of the reservation priceOpposite of the reservation price
This is what you would like to achieveThis is what you would like to achieve
Your dream agreement!Your dream agreement!
When negotiating, be sure to focus on theWhen negotiating, be sure to focus on the
target not your reservation price or BATNAtarget not your reservation price or BATNA
The target helps you establish yourThe target helps you establish your
anchor and frameanchor and frame
16. New InformationNew Information
Stay open to mutually beneficial proposalsStay open to mutually beneficial proposals
Good opportunities may expand the “pie”Good opportunities may expand the “pie”
Know your counterpart’s BATNA andKnow your counterpart’s BATNA and
reservation price (RP)reservation price (RP)
This will help you set your strengths andThis will help you set your strengths and
see if they are in-line with yourssee if they are in-line with yours
Try to find out the underlying goals andTry to find out the underlying goals and
interests that motivate your opponent’sinterests that motivate your opponent’s
stated positionstated position
17. New InformationNew Information
Be careful . . .Be careful . . .
Our memories are often unreliable and selectiveOur memories are often unreliable and selective
We remember vivid, spectacular or catastrophicWe remember vivid, spectacular or catastrophic
events, over mundane onesevents, over mundane ones
We tend to be easily influenced by “presentation”We tend to be easily influenced by “presentation”
over substance – salesmanshipover substance – salesmanship
Seek out hard figures and evaluate them carefullySeek out hard figures and evaluate them carefully
18. FairnessFairness
Humans are very sensitive to fairnessHumans are very sensitive to fairness
issuesissues
Often a negotiation will fail from anOften a negotiation will fail from an
economically rational agreement if one ofeconomically rational agreement if one of
the parties believes they have beenthe parties believes they have been
unfairly treatedunfairly treated
Be aware of “fairness” and the perceptionBe aware of “fairness” and the perception
of itof it
19. TrustTrust
Trust is essential to maintaining a perception ofTrust is essential to maintaining a perception of
fairnessfairness
We are less likely to suspect ulterior motives,We are less likely to suspect ulterior motives,
traps or deceptiontraps or deception
Accidental mistakes are less likely to escalateAccidental mistakes are less likely to escalate
into impassible challenges if trust is establishedinto impassible challenges if trust is established
Although some “posturing” is expected, neverAlthough some “posturing” is expected, never
misrepresent your assetsmisrepresent your assets
Most negotiations move well beyond a “one-shot”Most negotiations move well beyond a “one-shot”
dealdeal
20. It’s Time to Negotiate!It’s Time to Negotiate!
Build Rapport –Build Rapport –
Negotiators are people tooNegotiators are people too
Courtesy, expressions of friendly concern re: health and family,Courtesy, expressions of friendly concern re: health and family,
interest in his/her business situation establish trustinterest in his/her business situation establish trust
This helps encourage cooperative, integrative problem-solvingThis helps encourage cooperative, integrative problem-solving
Continue Gathering InformationContinue Gathering Information
Helps assess counterpart’s BATNAHelps assess counterpart’s BATNA
Helps ID trade-offsHelps ID trade-offs
Opportunities to expand “pie”Opportunities to expand “pie”
Ask opened questionsAsk opened questions
What are the advantages and disadvantages of the current productsWhat are the advantages and disadvantages of the current products
you dispense (or procedures you do)?you dispense (or procedures you do)?
Do your LAERDo your LAER
21. It’s Time to Negotiate!It’s Time to Negotiate!
Exchange InformationExchange Information
When your counterpart is reluctant to divulgeWhen your counterpart is reluctant to divulge
information, it is useful to initiate an exchange ofinformation, it is useful to initiate an exchange of
informationinformation
Find out their true interests – This is the “unknown”Find out their true interests – This is the “unknown”
Take turns asking and answering questionsTake turns asking and answering questions
This builds trust and understandingThis builds trust and understanding
Helps to discover items that you value differently andHelps to discover items that you value differently and
that you can trade offthat you can trade off
Also, may help to increase the “pie”Also, may help to increase the “pie”
22. It’s Time to Negotiate!It’s Time to Negotiate!
First Offer -This is tricky!First Offer -This is tricky!
Advantage of letting opponent make first offer:Advantage of letting opponent make first offer:
Offer is better than what you would expectOffer is better than what you would expect
Disadvantage of letting opponent make first offer:Disadvantage of letting opponent make first offer:
Opponent has set an anchorOpponent has set an anchor
Many times the position of the anchor strongly affects the finalMany times the position of the anchor strongly affects the final
outcomeoutcome
When deciding what to do, information is your strongestWhen deciding what to do, information is your strongest
allyally
If you do make the first offer, make sure the offer is ambitiousIf you do make the first offer, make sure the offer is ambitious
but also discussablebut also discussable
Reasonable enough that the other party does NOT walk-awayReasonable enough that the other party does NOT walk-away
23. It’s Time to Negotiate!It’s Time to Negotiate!
Bidding StrategiesBidding Strategies
Bids are offers but also signalsBids are offers but also signals
Big changes/bids indicate that you areBig changes/bids indicate that you are
probably willing to make even furtherprobably willing to make even further
concessionsconcessions
Smaller bids indicate less willingness toSmaller bids indicate less willingness to
changechange
Careful of the speed of your offer/bidCareful of the speed of your offer/bid
Faster your respond, more eager you will appear =Faster your respond, more eager you will appear =
more concessions you may makemore concessions you may make
24. It’s Time to Negotiate!It’s Time to Negotiate!
Negotiation RangesNegotiation Ranges
First offer establishes one bound of rangeFirst offer establishes one bound of range
First counteroffer establishes other boundFirst counteroffer establishes other bound
rangerange
Generally most negotiations end somewhereGenerally most negotiations end somewhere
in the middlein the middle
Control the negotiation range and you areControl the negotiation range and you are
likely to control the final outcomelikely to control the final outcome
25. It’s Time to Negotiate!It’s Time to Negotiate!
ImpasseImpasse
You and your opponent cannot reach an agreement and you areYou and your opponent cannot reach an agreement and you are
at your BATNAat your BATNA
How to move out of this impasse:How to move out of this impasse:
Do creative, integrative problem solvingDo creative, integrative problem solving
Can you expand the “pie?”Can you expand the “pie?”
Make a small concession and insist on receiving one in returnMake a small concession and insist on receiving one in return
If you don’t receive one in return, it is risky, but you can retract yoursIf you don’t receive one in return, it is risky, but you can retract yours
Take a breakTake a break
Consult with colleagues, re-focus on counterpart’s interestsConsult with colleagues, re-focus on counterpart’s interests
Make sure your anchor and framing is correct to those interestsMake sure your anchor and framing is correct to those interests
Third PartyThird Party
A fresh perspective can sometimes get things back on trackA fresh perspective can sometimes get things back on track
26. ConcessionsConcessions
Be gracious when you receive oneBe gracious when you receive one
Reassure your opponent that the concessionReassure your opponent that the concession
is fair and in the interest of both partiesis fair and in the interest of both parties
Provide value to your concessionProvide value to your concession
But avoid pouting and bitterness after youBut avoid pouting and bitterness after you
make themmake them
27. It’s Time to Negotiate!It’s Time to Negotiate!
UltimatumsUltimatums
Only give them if you are willing to followOnly give them if you are willing to follow
throughthrough
If you don’t carry them out your credibility willIf you don’t carry them out your credibility will
suffersuffer
TerminationTermination
When your BATNA or RP are not exceededWhen your BATNA or RP are not exceeded
walk-awaywalk-away
Be cordial and encourage future negotiationsBe cordial and encourage future negotiations
should circumstances change in the futureshould circumstances change in the future
28. Final CommentFinal Comment
Negotiations can be frustratingNegotiations can be frustrating
But they will be less if you do NOT expect people toBut they will be less if you do NOT expect people to
behave rationally at all timesbehave rationally at all times
Note people’s irrationalities and make them work forNote people’s irrationalities and make them work for
youyou
Control your anger and try to maintain a cordial,Control your anger and try to maintain a cordial,
rational negotiationrational negotiation
Try to maintain positive emotionTry to maintain positive emotion
Research shows negotiators who are in positive moods areResearch shows negotiators who are in positive moods are
more likely to achieve integrative agreementsmore likely to achieve integrative agreements
People prefer to do business with people they likePeople prefer to do business with people they like
Remain firm in demanding a good agreement but courteousRemain firm in demanding a good agreement but courteous
and cordial in the way you deliver that messageand cordial in the way you deliver that message
29. Negotiating ExerciseNegotiating Exercise
Four TeamsFour Teams
2 Rep Teams2 Rep Teams
2 Account Teams2 Account Teams
Teams will be paired up and given a NegotiationTeams will be paired up and given a Negotiation
ChallengeChallenge
Break-off for 15 minutesBreak-off for 15 minutes
Determine your TARGETDetermine your TARGET
Determine your BATNA and RPDetermine your BATNA and RP
Identify your trade-offs/concessionsIdentify your trade-offs/concessions
Establish your anchor and how to frameEstablish your anchor and how to frame
Identify questions you might ask for exchange of informationIdentify questions you might ask for exchange of information
Think about possible expansions of the “pie”Think about possible expansions of the “pie”
31. Third Party AgentsThird Party Agents (if necessary)(if necessary)
DaveDave
SteveSteve
PamPam
RobinRobin
HollyHolly
StephanieStephanie (usually always booked with more pressing issues but maybe available)(usually always booked with more pressing issues but maybe available)
32. List of Shared InformationList of Shared Information
These are the facts/interests that areThese are the facts/interests that are
known by both parties:known by both parties:
33. List of Unknown InformationList of Unknown Information
These are things/goals known by one ofThese are things/goals known by one of
the parties:the parties:
They are confidentialThey are confidential
On separate paperOn separate paper
Will hand out to each teamWill hand out to each team