1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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!

8. 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

9. 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

10. 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.”

11. 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?

12. 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”

13. 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”

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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