Negotiations and Agreements
Order Instructions:
3) Think about a time when you had to negotiate with someone who was at greater level of power than you.
a) What was the situation exactly and what was at stake for you or the people that you were negotiating for?
b) Which approach did you use in order to be effective? If you weren’t effective, what do you think happened that caused you to not get the desired results? Knowing what you now know, what
would you have done differently?
4) Tell me about a situation where you had alternatives or BATNA’s in mind. What was the situation, and did the other side have BATNA’s?
a) In your experience (whether it relates to the above question or in any other instance) do (or did) BATNA’s actually work for you in negotiation situations?
b) Does the concept of win-win also something that agree with or do you find yourself more inclined to follow the win-lose ideology?
5) Inevitably, negotiations can result in conflict. Reflect upon the time when conflict arose as a result of a negotiation in your life.
a) What happened during the negotiation situation that caused conflict to occur? Was the problem related to you or the other party?
b) Looking at the elements of effective conflict management, which elements did you use during the conflict? Also currently, which style do you prefer to use now when conflicts arise?
6) Discuss how relationships are valued and viewed in negotiations.
a) How important is it to you to establish and or maintain a relationship when you are negotiating?
b) In terms of meeting new business partners, how are relationships valued in different cultures? Contrast how Western and non-Western cultures view and value the importance of relationships in
negotiation situations. Provide some examples and are there points that can be taken from various cultures in terms of how to work with relationships during negotiations?
THE TWO IN CLASS TEXTBOOKS ARE:
1) Getting to yes; negotiating agreement without giving in – Roger Fisher and William Ury
2) Essentials of Negotiation (5th edition) Roy J. Lewicki, David M. Sauders, Bruce Barry
NB
I took 2 pages BUT the task will be 3 pages.
SAMPLE ANSWER
Negotiations and Agreements
Introduction
Negotiations is not a preserve of a particular class of people but it applies to a broad spectrum of different ages, people, conflict resolutions and to any other forms of bargaining’s and settlements. Most negotiations fail when the parties fail to recognize a good opportunity to attain their goal relatively or to obtain a better or a more convenient negotiation term.
- When I was growing up, our family had many disputes concerning my grandfather’s inheritance. My three uncles were determined to lock out my father and the only auntie I had from their fair share of inheritance. The huge farmhouse that we lived in, the expansive wheat farm together with the dairy cattle that we had in the farm were always a subject of bitter quarrel between my uncles and my father. Most of the time I found myself trying to negotiate a settlement between the two groups. (Adler, Rosen & Silverstein, 1998)
My uncles insisted that my father had to decide either to keep the farmhouse or the farm, which included the dairy cattle and the wheat farm. My father had his eyes fixed on the farm together with all the properties in the farm. His argument was that it would be unreasonable to live in the farm without the farm and the dairy cattle as they form the bulk of the earnings for the farm. My uncles thought that it would be totally unfair to keep the farm house, the wheat farm and the dairy cattle while the three of them shared two other family homes and vehicles.
To be effective, I decided to search for solutions that would meet or satisfy relatively the interests of both parties without hardening any stands or asserting specific demands or positions. The best strategy would be to achieve some concessions which are basically consistent with concerns and also needs among the two groups.
I decided to carry out an enquiry on the different needs of the parties and conducted the first meeting where the two parties traded their differences instead of battling over the available limited resources. (Adler, Rosen & Silverstein, 1996)
- The Best Alternative To a Negotiated Agreement was that the farm together with the farm house could be sold and the proceeds divided equally among the five members of the family. But the two groups were determined to be part and parcel of the farm. None of them even suggested that the farm should be sold instead their idea of alternative was to hire out the farm to a third party and the earnings shared equally among them. But the situation was that the farm was heavily mortgaged and the chances of selling it were very remote while the hiring charges to third parties were also uneconomical as the hiring charges were very low and not profitable,
The BATNA could not succeed in both instances. The prevailing conditions made it impossible to implement the BATNA. The best strategy however was to manage the property under trust and the earnings shared out among them. (Fisher, Ury and Patton, 1991)
A win-win situation or scenario would be preferable to me as the two parties would get at least a minimum of their demands but their position would improve relatively their current status. A win-lose would be unfair or even unacceptable to some of the parties.
- Conflicts arose later on when one of the uncles took upon himself to be supplying all the farm supplies without proper authority and clear accountability. The contracts to supply medical services, seeds, fertilizers and also other requirements were overstated in terms of prices and their quality was also below the normal standards in the industry. (Behfar, Peterson, Mannis & Trochim, 2008)
The problem was that clear policies were not implemented and there were so many loopholes that were not properly addressed and the management was susceptible to exploitation by the dishonest family members. The negotiation teams failed to address the procurement procedures and integrity standards for the farm supplies.
The major element of the negotiation exercise was to identify the real negotiation issues and the major objective of the negotiations. Identification of the negotiation issues and the objectives were applied when defining and identifying the issues in the farm conflict. I would prefer to use the same strategy of identifying the conflict issues and addressing them effectively.
- To achieve the most in the shortest time possible when negotiating, the parties must decide before hand the aims and goals of each session during negotiation. The underlying interests should be revealed and identified. The current demands and whether there is need for continued relationship. The negotiation should be viewed differently if it’s meant to enhance more business relationship. All the priorities should be clearly identified before reaching an agreement or a bargain. Each party should try to understand the needs, values and issues affecting the other parties. The information acquisition stage should be utilized to confirm and also analyze all the available information on both parties in order to create viable and lasting solutions.
Maintaining a relationship would enhance better understanding of the needs, values and issues affecting the other parties which will assist in obtaining better and viable solutions.
Different cultures attach different forms attachment to relationships. Some cultures are closed and they prefer to maintain their own conservative cultures without any interference from any quarters like the Hindu culture. The Americans are outgoing, liberal and are ready to embrace and interact with different cultures. Closer relationships results in better negotiations and more viable and creative bargains. It’s easier to work with liberal persons like the Americans than the Hindus who are very conservative. (Lewicki, Saunders, Barry, & Minton, 2004)
References
Adler, R.S, Rosen, B. & Silverstein, E. (1996) Thrust and parry: The art of tough negotiation, training and development, 50, 42 – 48.
Adler, R.S, Rosen, B. & Silverstein, E. (1998) Emotions in Negotiations: How to manage fear and anger, Negotiation Journal, 14, 161 – 179.
Behfar, K. J., Peterson, R. S., Mannis, E. A., & Trochim, W. M. K. (2008). The critical role of conflict resolution in teams: A close look at the links between conflict type, conflict management strategies, and team outcomes. Journal of Applied Psychology, 93, 170-188.
Fisher, R., Ury, W. and Patton, B. (1991). Getting to Yes: negotiating Agreement Without Giving In. Second Edition. New York: Penguin Books.
Lewicki, R.J., Saunders, D.M., Barry, B. B. & Minton, J. W. (2004) Essentials of Negotiation, New York, McGraw-Hill Higher Education.
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