The Negotiation Process- General Observations Course - INTERNATIONAL NEGOTIATIONS & STRATEGY Presented by Zinash Diresse ID- (152SIS82) 29 March
Contents 1. “The Janus Quality of Negotiation: Deal Making and Dispute Settlement” – by Frank Sander and Jeffery Rubin 2. “A Positive Theory of Legal Negotiation” by Russell Korobkin 3. “Ten Commandments for a Negotiator” by Janos Nyerges 2
1. The Janus Quality of Negotiation: Deal Making and Dispute Settlement Deal Making Negotiation (DMN) Parties with no prior dealings Focus on their future relationships (Forward looking) Dispute Settlement Negotiation (DSN) Dispute arising under an existing agreement Backward Looking 3
Implications of Distinctions DMN Interest BANTA different Creating opportunities Informal, friendly Future DSN Right BANTA is same Claiming resources Formal, less friendly Past 4
2. A Positive Theory of Legal Negotiation Legal Negotiation Process 1. Zone definition- define bargaining zone Negotiator opponent Integrative/distributive tactics 2. Surplus allocation Agreeing on a single “deal point” with in bargaining zone Negotiator opponent Distributive 5
Zone definition Reservation Point or Price (RP) The maximum amount that a buyer can pay The minimum amount that a seller would accept Bargaining Zone The distance between the buyer and seller RP Both parties are better off 6
Negotiating activities and tactics Preparation- expanding alternatives and find zone definition Persuasion – satisfying the goals 1. shifting bargaining zone to the buyer 2. agreeing within the bargaining zone 3. or both goals Information seeking – questioning the opponent and generate accurate estimate of RPs 7
3. Ten Commandments for a Negotiator 1. You Shall Love And Cherish Your Trade 2. Be Courageous 3. The Eagle’s Eye Must Be Yours 4. There Are No Problems, Only Opportunities 5. Be Honest Under All Circumstances 6. Love Your Opponent Even If You Receive Something Less In Return 8
Ten Commandments for a Negotiator 7. Put Yourself In The Shoe Of Your Opponent, But Do Not Remain There Too Long 8. Convert Your Opponent Into Your Partner 9. Do Not Act Before You Find Out What Your Partners Aims Are 10. Your Partner Is At Least As Intelligent As You Are, But You Must Have More Will 9
Three necessary commandments You Shall Love and Cherish Your Trade An intellectual and emotional involvement and commitment to a profession The Eagle Eye Must Be Yours Quick assessment of situation, appropriate decision There Are No Problems, Only Opportunities Convert zero sum to non-zero sum situation 10
Thank you 11