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23 Cards in this Set

  • Front
  • Back

1) Don’t Bargain Over Positions

Arguing over positions:


- Produces unwise agreements


- Is inefficient


- Endangers an ongoing relationship


- When there are many parties, positional bargaining is even worse



- Eliminates alternatives

2) Separate the People
from the Problem

- Negotiators are people first


Every negotiator has two kinds of interests:


In the substance


In the relationship

Problems ...

- The relationship tends to become entangled with this


- Positional bargaining puts relationship and substance in conflict


- Separate the relationship from the substance


- Deal directly with the people problem

Perceptions...

- Put yourself in their shoes


- Don’t deduce their intentions from your fears


- Don’t blame them for your problems


- Discuss each other’s perceptions

Strategy...

- Look for opportunities to act inconsistently with their perceptions



- Give them a stake in the outcome by making sure they participate in the process



- Face-saving: Make your proposals consistent with their values

Emotion...

- First recognize and understand emotions, theirs and yours


- Make emotions explicit and acknowledge them as legitimate


- Allow the other side to let off steam


- Don’t react to emotional outbursts


- Use symbolic gestures

Communication...

- Listen actively and acknowledge what is being said


- Speak to be understood


- Speak about yourself, not about them


- Speak for a purpose

Prevention Works Best...


- Build a working relationship



- Face the problem, not the people

3) Focus on Interests,
Not Positions

- For a wise solution reconcile interests, not positions



- Interest define the problem



- Behind opposed positions lie shared and compatible interests, as well as conflicting ones

Identify interests

- Ask “Why?”/ “Why not?”


- Think about their choice


- Realize that each side has multiple interests


- The most powerful interests are basic human needs


- Make a list

Talking about Interests:

- Make your interests come alive


- Acknowledge their interests as part of the problem


- Put the problem before your answer


- Look forward, not backward


- Be concrete but flexible and candid



Be hard on the problem, soft on the people

4) Invent Options
for Mutual Gain

Diagnosis:


- Premature judgement


- Searching for the single answer


- The assumptions of a fixed pie


- Thinking that “solving their problem is their problem”

Prescription...

Separate inventing from deciding


Before brainstorming:


- Define your purpose


- Choose a few participants


- Change the environment


- Design an informal atmosphere


- Choose a facilitator

During the Brainstorming...

- Seat the participants side by side facing the problem


- Clarify the ground rules, including the no-criticism rule Brainstorm



- Record the ideas in full view

Insist on Using
Objective Criteria...

- Market value


- Precedent


- Scientific judgement


- Professional standards


- Efficiency


- Equal treatment


- Tradition


- Reciprocity


- Never yield to pressure, only principle

What If They Are
More Powerful?

Develop Your BATNA –
(Best Alternative to a Negotiated Agreement)


& Protecting Yourself



- Knowing your BATNA


- The insecurity of an unknown BATNA



Formulate a trip wire

Making the Most of
Your Assets

- Develop your BATNA



- The better your BATNA, the greater your power



- Consider the other side’s BATNA

What If They Won’t Play?

Negotiation Jujitsu:


- Don’t attack their positions, look behind it


- Recast an attack on you as an attack on the problem


- Don’t defend your ideas


- Invite criticism and advice


- Ask questions and pause

Getting Them To Play

- “Help me understand your approach”


- “Please correct me if I’m wrong”


- “We appreciate what you’ve done for us”


- “We would like to settle this on the basis of independent standards.”

Keep at It

- “May I ask some questions to clarify my understanding?”


- “What’s the principle behind your actions?”


- “Let me see if I understand what you’re saying”


- “One solution might be…”


What If They Use Dirty Tricks?

Some Common Tricky Tactics:


Deliberate Deception:


- Phony Facts


- Ambiguous Authority


- Dubious Intentions


- Less than full disclosure is not the same as deception

Psychological Warfare


- Stressful situations


- Personal attacks


- The good guy/bad guy routine


- Threats

Positional Pressure Tactics

- Refusal to negotiate


- Extreme demands


- Escalating demands


- Lock-in tactics


- Hardhearted Partner



A calculated delay