Group 8 DeCarlos Evans Larry Chi Keith Macy Louie Glanton Getting to yes Separate people from problem & Inventing options for mutual gain Group 8 DeCarlos Evans Larry Chi Keith Macy Louie Glanton

Negotiation on the merits People Separate the people from the problem Interests Focus on interest, not position Options Generate a variety of possibilities before deciding what to do Criteria Insist that the result be based on some objective standard

Why use negotiation on merits? Change the game of negotiation by… Creating alternative to positional bargaining Participants are problem solvers Producing a better outcome Efficiency Amicable process Building a long term relationship

Separate the people from the problem Easier said than done Avoid positional bargaining Diagnose the situation Focus on the problem Be soft on the people, hard on the problem

Easier said than done! We often see people and problems as one Pre-conceived attitude (past experience or outside influence) Confirming a negative impression Words or phrases used Use positive tone words (hand out) Avoid using words like: you, your, you people and your company Tone & Mood Your tone set your audience’s mood Your tone express your attitude Mood is your audience’s Emotion created by your tone Caution If you create a STRONG emotion, it is almost impossible to removed a negative emotion it will be their Emotion dictating their decision and not facts or merits

Mind Set or attitude check prior to any negotiation They are NOT your friends or adversaries They are someone you work with to resolve issues They are people just like you They have emotions Deeply held values (Intrinsic) They like to be listened to or heard from Show care towards their… Feelings Problems Concerns

Separate the people from the problem Avoid Positional Bargaining Positional bargaining deals with a negotiator’s interests; both in substance and in a good relationship by trading one off against the other. Substance Relationship You can’t have them both!

Separate the people from the problem Diagnose the situation Who are you dealing with? Principle or negotiator Gather information Organize received info Formulate strategies Focus on the problem Have a clear identifiable goal What you are trying to resolve? Concentrate on the merits Avoid stating any unfounded facts People & Substance Interest Confirming a negative impression

Separate the people from the problem Be soft on the people, hard on the problem People have feelings and emotions just like you Separate people problem from substantive problem To better understand ourselves, we need to understand human problems 3 Basic human problems Perception Emotion Communication

3 basic human problems Perception “Their thinking is the problem” Your perception is your reality, so what are you think? If you don’t know, just ask Don’t assume you know Knowing how they think will help you solve your problem “The ability to see the situation as the other side sees it, is the most important skills a negotiator can possess.”

3 basic human problems Emotion Are you fit to negotiate? What is effecting yours and theirs emotion? Excitement Frustrations Nervousness Anger Fears Hatred Are you fit to negotiate?

3 basic human problems Emotion Don’t react to emotional outbursts Caution: It could be a trap! Allow the other side to let off steam Listen quietly without responding to their attack Its hard and it takes disciplines and training Do not respond with any sarcasm Do not show irritation or confrontational gestures Keep a steady facial expression Occasionally ask the speaker to continue until he has spoken his last word Leaves little or no surprises Your goal is to “understanding how they think or feel”

3 basic human problems Communication Can be difficult Misunderstanding Too much distractions Didn’t pay enough attention Unclear on debated issues or problems Thinking about your next argument and forget to listen “Whatever you say, you should expect that the other side will almost always hear something different”

3 basic human problems Communication Listen actively and acknowledge what is being said Ask for a clearly stated and or defined objectives from other party Clarify any ambiguity or uncertainty Seek complete clarification on all facts before negotiation Understanding is NOT agreeing Speak for a purpose Know what you want to communicate

Preparation Mind set or attitude check Take time to meet with other party before negotiation begin (Be early & proactive) Identify all key players Gather information Identify Common Goals & Interests Problems to be solved

Invent Options for Mutual Gain “Skills at inventing options is one of the most useful assets a negotiator can have” Why? Efficiency Avoiding Deadlock Helping you to help me Identify the differences between you and me Create a solution that they might readily accept

Invent Options for Mutual Gain How? Brainstorm with the absence of the other side Choose a few participants Clarify and set ground rules Select and present ideas for consideration Expert opinions Seek for mutual gain

Brainstorm with the absence of the other side Internal group discussion Participants need not worry about disclosing their… Feelings & opinions Confidential information Free from criticism Avoid having ideas taken to be a serious comment or commitment to perform Encourage free flow of ideas

Choose a few participants Select a small group of people Participant from your party Define your purpose or wishes to be accomplished Friends or family member for more creative thinking Caution When consider brainstorming with members from other side… Risk Risk of disclosing confidential information Misleading an option to be an offer Benefit Creating a climate of joint problem-solving Informing each side about the concerns of the other

Clarify and set ground rules Separation Separation of Inventing from Criticism or judgment Only new innovative ideas and solutions are allowed Consider all possible ideas “Real” or “Imaginative” Record all presented ideas

Select and present ideas for consideration Select several ideas Identify and select best ideas for farther discussion Deciding which of these ideas to be advanced in your negotiation Formulate a strategy Placed each idea in order of presentation From best to worst From worst to best

Expert opinions 3rd Party’s opinion A different point of view How does your argument holds up from the perspective of different professions Resolving any technical issues Provide expert opinions More solutions could be generated

Seek for mutual gain Think outside the box Identify shared interest More than one way to skin the cat Leave other side satisfy as you accomplished your goal Create a Win Win situation Identify shared interest What do we all have in common? Shared interests help produce agreement Create new opportunities from your common goal Shared interests can make your negotiation smoother & amicable

Differences Many creative agreements reflect this principle of reaching agreement through differences Interest Beliefs Values Presenting interests What is preferable, not necessarily acceptable More favorable method of presenting interests

Decision Make their decision easy Prepare multiple possible agreement Your success in negotiation, depends on how easy you make it for the other side Make it simple No hidden agenda No deceiving of truth, facts or material Prepare multiple possible agreement Start with the most simplest one Start drafting your possible agreement as you present them

Preparation Be prepare to invent options Mutual gain will create… Inventing options is not an alternative, it is a necessary process of your negotiation Mutual gain will create… Cooperation & compromising Long term relationship Amicable process

Inventing mutual agreements What is good for me can also be beneficial to you Avoid weighted negotiation Avoid possible deadlock If a decision is made by force or under pressure, it is very difficult to change therefore; by inventing mutual agreements that benefit both sides can drastically reduce a deadlock Identify the differences Creates opportunities and discover common goals Make it easy for them to decide Efficiency Prepare multiple possible agreements Start from the simplest Be ready to draft your agreement during your presentation