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Cooperative NegotiationThe 7 principles of Harvard Negotiation Metholodogy
Guadalupe de la Mata www.innovationforsocialchange.org 1
The Seven Principles of cooperative neogotiation (Harvard Methodology)
Main concepts
Keys to prepare for negotiation considering each of them
Real Examples (short videos)
Lets experience it!: the Ugly Orange Case Study
TODAY’S CLASS
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Negotiation Styles
ACCOMODATE
Build friendly relationship
Characteristics:
Promote harmony
Avoid substantive differences
Give into pressure to save relationship
Place relationship above fairness of
the outcomes
CO
NC
ER
N F
OR
RE
LA
TIO
NS
HIP
CONCERN FOR SUBSTANCE
LOW
HIGHCOLLABORATE
Problem solved creatively, aiming for win-win
Characteristics:
Search for common interests
Problem-solving behaviours
Recognising both parties’ needs
Synergistic solutions
Win-win becomes the main purpose of the negotiator
HIGH
AVOIDTake whatever you can get/Inaction
Characteristics:
Feeling of powerlessness
Indifference to the result
Resignation, surrender
Take what the other party is willing to concede
Withdraw & remove = behaviour of negotiator
DEFEAT
Be a winner at any cost/Competitive
Characteristics:
Win-Lose competition
Pressure/Intimidation
Adversarial relationships
Defeating the other becomes a goal for the negotiator
COMPROMISE
Split the difference
Characteristics:
Meeting half way
Look for trade offs
Accept half-way measures
Aims to reduce conflict rather than problem solve synergistically
Source: Rollin & Christine Glaser
Harvard Negotiation Project
• Began in 1983
• In conjunction with MIT and Tufts
• Negotiation art and a science 4Guadalupe de la Mata
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Getting to Yes Authors
Roger Fisher
Bruce PattonWilliam Ury
5Guadalupe de la Mata www.innovationforsocialchange.org
Negotiation Styles
ACCOMODATE
Build friendly relationship
Characteristics:
Promote harmony
Avoid substantive differences
Give into pressure to save relationship
Place relationship above fairness of
the outcomes
CO
NC
ER
N F
OR
RE
LA
TIO
NS
HIP
CONCERN FOR SUBSTANCE
LOW
HIGHCOLLABORATE
Problem solved creatively, aiming for win-win
Characteristics:
Search for common interests
Problem-solving behaviours
Recognising both parties’ needs
Synergistic solutions
Win-win becomes the main purpose of the negotiator
HIGH
AVOIDTake whatever you can get/Inaction
Characteristics:
Feeling of powerlessness
Indifference to the result
Resignation, surrender
Take what the other party is willing to concede
Withdraw & remove = behaviour of negotiator
DEFEAT
Be a winner at any cost/Competitive
Characteristics:
Win-Lose competition
Pressure/Intimidation
Adversarial relationships
Defeating the other becomes a goal for the negotiator
COMPROMISE
Split the difference
Characteristics:
Meeting half way
Look for trade offs
Accept half-way measures
Aims to reduce conflict rather than problem solve synergistically
Source: Rollin & Christine Glaser
Getting to Yes: 7 PRINCIPLES
What do you really care about?The needs, concerns, goals, hopes and fears that
motivate the parties
Ideas about how the parties might meet their interests together.
Steps each party could take to satisfy their own interests outside the current
negotiation (BATNA)
How can I persuade them they are being fairly treated?Criteria that the parties use to legitimise their perspectives.
Prepare to communicate efficiently during the negotiation
How do you deal with people issues?
Promises made to build or finalise agreement.
Basic building blocks of negotiation
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INTERESTS
• Don’t Bargain Over Positions– Arguing over positions produces unwise outcomes– Arguing over positions is inefficient– Arguing over positions endangers an ongoing relationship– When there are many parties, positional bargaining is even
worse– Being nice is no answer– There is an alternative…
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Starting pointStarting point
1. Interests1. InterestsThe purpose of a negotiation is to satisfy your interest and the other party´s interests
.
Negotiate the WHY….not the WHAT
Ejemplo Harvard (min 3.9) http://www.youtube.com/watch?v=rYGJNh8wFRc&feature=relmfu
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Interests BInterests A
Position A
Position B
The purpose of a negotiation is to satisfy your interest and the other parties interests
Side-by-side problem solving: Both parties share the problem of trying to find an agreement that both can live with
Finding a good agreement, that does not leave potential joint gains on the table
Positions A and B are too far away for a mutually beneficial agreement
Interests A and B, as a broader concept, allow for a common ground for agreementZone of
potential agreement
Cooperative negotiations
Positional vs. Cooperative Negotiations
Focusing on positions can lead to sub-optimal agreements
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1. Interest vs. positions1. Interest vs. positions
Cooperative negotiation: Negotiating is not Compromising
It is joint problem solving
Our goal is to efficiently reach a satisfying agreement for both parties, and to conclude on a positive note.
Fisher and Ury define negotiations as “Back and forth communication to reach agreement where some interests are shared and some interests are opposed.“Getting to Yes”
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1. Interests preparation1. Interests preparation
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OPTIONS
2. Options2. Options
The range of possibities among which parties can reach an agreement
Create options to satisfy interests.
An agreement is better if it incorporates many options
Brainstorming to come up with ideas and options that can meet the interests of both sides
Do not evaluate them during brainstorming
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2. Options preparation2. Options preparation
Find ways to work together to maximize common benefits
Separate inventing from judging.
Broaden the options on the table, rather than look for a single answer.
BE CREATIVE!
Search for mutual gains.
Invent ways to make their decision easy.
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Invent options for mutual gain
AVOID– Premature judgment– Searching for the single answer– The assumption of a fixed pie– Thinking that ‘solving their problem is their
problem’
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Invent options for mutual gain II
Encourage• Separate inventing from deciding
– (brainstorming)– Consider brainstorming with the other side
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Invent options for mutual gain III• Look for mutual gain
– Identify shared interests– Dovetail different interests
• Any difference in interests?• Different beliefs?• Different values placed on time?• Different forecasts?• Differences in aversion to risk?
– Ask for their preferences– Make their decision easy
• Whose shoes?• What decision?• Making threats is not enough?
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ALTERNATIVES
3. Alternatives3. Alternatives
What I am going to do if we don't reach an agreement?
Deals I can take outside of the possible agreement
Look at all your alternatives and select the BEST
Know your BATNA
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Best
Alternative
Toa
Negotiated
Agreement
You are going to negotiate with more CONFIDENCE if you know what you can do if the negotiation fails
3. Alternatives Preparation3. Alternatives Preparation
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CRITERIA
4. Criteria4. Criteria
What are the standards to convince each other that what we propose is fair?
To resolve conflicting interest use independent standards: (market value, precedent or industry practice)
Standars should be relevant and widely accepted
Is an argument based on objective criteria, independent of the parties will.
There are more than one objective criteria for an agreement
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4. Criteria Preparation4. Criteria Preparation
•Find a range of objective criteria to persuade the other party (and yourself) that what you propose is fair and makes sense.
•How will they explain the agrement to other parties?
•Prepare to help them expain the result
•Think of impartial processes to find an objective criteria (obtaining an expert opinion, arbitration…)
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Insist on using objective criteria• Deciding on the basis of will is costly• The case for using objective criteria:
– Principled negotiation produces wise agreements amicably & efficiently
• Developing objective criteria:– Fair standards– Fair procedures
• Negotiating with objective criteria:– Frame each issue as a joint search for objective criteria– Ask “What’s your theory?”– Reason and be open to reason– Never yield to pressure
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COMUNICATION
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COMUNICATION
5. Comunication5. Comunication
¿Am I ready to listen and talk in an efficient way? Both side communication
ACTIVE LISTENING: In a respective way, clarifying ambiguities and making sure you have been understood.
SPEAK WITH INTENT: Clearly and with the objective of making yourself understood and with a purpose linked to your interests.
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5. Preparare for good Comunication5. Preparare for good Comunication
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Listening is your most powerful negotiating tool
But before you can listen, you have to be skilled at asking questions:
Three critical questioning skills1. Know where your questions
are going2. Ask for permission to ask
questions3. State why you want to ask
questions
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Active Listening Techniques (1)
Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 33
Active Listening Techniques (2)
Centre for Conflict Resolution, Cape Town, South Africa, 1999Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 34
Active Listening Techniques (3)
Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 35
Active Listening Techniques (4)
Centre for Conflict Resolution, Cape Town, South Africa, 1999Centre for Conflict Resolution, Cape Town, South Africa, 1999 Guadalupe de la Mata www.innovationforsocialchange.org 36
RELATIONSHIP
6. Relationship6. Relationship
Disentangle the people and the problemAsk yourself: ¿Am I ready to deal with the relationship?Use people techniques for people problems
Perceptions: make questions to understand their perceptionsEmotions: Acknowledge your emotions and theirs without blameListen activelyPut yourself in their shoesTurn a face-to face confrontation into a side by side problem solvingYour are both sitting at the same side of the table dealing with the problem jointly
Be unconditionally constructive
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COMMITMENT
7. Commitments7. Commitments
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7. Commitments preparation7. Commitments preparation
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APPLYING THE MODEL
Focus on VALUE CREATIONFocus on VALUE CREATION
COMBINING THE RESOURCES TO SATISFY MUTUAL NEEDS
COMBINING THE RESOURCES TO SATISFY MUTUAL NEEDS
CLARIFYING INTERESTCLARIFYING INTEREST
COMUNICATION AND RELATIONSHIPCOMUNICATION AND RELATIONSHIP
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Applying the modelApplying the model
MEASURING SUCCESSMEASURING SUCCESS
The BEST of various options
Satisfy interests
The compromises are clear and operative
The results are considered legitimate
Comunication is efective
Improves the working relationship
BATNA
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ANNEXES• Videos:• Getting to YES Video (part 1 of 3)
– http://www.youtube.com/watch?v=rYGJNh8wFRc&feature=relmfu
• Getting to YES Video (part 2 of 3)– http://www.youtube.com/watch?
v=Cchpf7IK5nY&feature=relmfu
• Getting to YES Video (part 3 of 3)– http://www.youtube.com/watch?v=ILeXnpPZfrw&
feature=relmfuGuadalupe de la Mata
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The Four Phases of Negotiation
PLANPLAN
DEBATEDEBATE
PROPOSEPROPOSE
BARGAINBARGAIN
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Step One - Prepare• Research
• LIST your objectives and their objectives
• Those you INTEND to get
• Those you MUST get
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Step Two - Debate• Listen carefully• Ask questions• Clarify• Summarise• Don’t argue, interrupt or assume
...BUT
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Step Three - Propose• Make proposals• State conditions• Express concerns• Search for common interests
• Use positive body languageAND
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Step Four - Bargain• Key words are IF and THEN• Start making concession:
– Every concession should have a condition (IF you … THEN I will … )
– Conserve your concessions - don’t give everything away too soon
– You don’t have to share every piece of information with the opposing side!
– Don’t be afraid to say no
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Step Five - Agree• Usually final concession :
“IF you do that, THEN we have a deal!”• Gain commitment• Record and agree results• Leave satisfied
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Think about your influencing style
Inspirational
Logical
Personal
Forceful
7 Deadly Sins of Negotiating
• Pride - Be prepared to compromise• Gluttony - Don’t bite off more than you can chew• Anger - Handle objections calmly• Covetousness - Prioritise needs/wants• Envy - Know competitors strengths & weaknesses…
AND your own• Sloth - Do your homework• Lust - Don’t look desperate to settle
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An Unconditionally Constructive Strategy
Do only those things that are both good for the relationship and good for us - whether or not they reciprocate
RATIONALITY Even if they are acting emotionally, balance emotions with reason
UNDERSTANDING Even if they misunderstand us, try to understand them
COMMUNICATION Even if they are not listening, consult them before deciding on matters that affect them
RELIABILITY Even if they are trying to deceive us, neither trust them nor deceive them: be reliable
NON-COERCIVE MODES OF INFLUENCES
Even if they are trying to coerce us, neither yield to that coercion nor try to coerce them, be open to persuasion and try to persuade them
ACCEPTANCE Even if they reject us and our concerns as unworthy of their consideration, accept them as worthy of consideration, care about them and be open to learning from them
"Getting Together" FisherGuadalupe de la Mata
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Three Approaches To Resolving Disputes
MOVING FROM A DISTRESSED TO AN EFFECTIVE RESOLUTION SYSTEM
Distressed System
Power
Rights
Interests
"Dispute Resolution" Goldberg Green SanderGuadalupe de la Mata
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Effective SystemEffective System
Power
Rights
Interests
Goldberg
MOVING FROM A DISTRESSED TO AN EFFECTIVE RESOLUTION SYSTEM
Three Approaches To Resolving Disputes
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Stages in negotiation
Sessions 11&12
The stages in the negotiation
• It is important to understand that negotiation is a process that begins before we sit down at the table and does not end if we do not know how to make the agreements reached effective.
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Three stages can be distinguished in the negotiation
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Pre-negotiation
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Negotiation
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Post-negotiation
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• Evaluate the closing proposal, comparing it with the BATNA
• Conclusion phaseReconsideration of the agreements reachedPreparation of documentsDiscussion of the content of the documentsCorresponding reviews and modificationsFinal document showing the agreement
Closing the negotiation (I)
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• Forming the commitmentSigning a private documentElevating it to public document statusRegistration
Closing the negotiation (II)
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Negotiation Check List
Good Practice Avoid
Actively listen Question for clarification Summarising Test commitment Seeking & giving information Encourage two way conversation State and plan your proposal – then summarise Use the ‘if you ….then we’ll’ principle
×Interrupting×Attacking×Blaming×Talking too much×Sarcasm×Threats×Taking it personally×Closed body language
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