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Conflict Management and Negotiation Skills
Notes 4.23 Non-linear Negotiating Process
Figure 4.4
Preparation
Negotiation
Evaluation
Outcomes and
Information
So instead of setting your course based on pre- negotiation information, consider doing the
following:
1. Take small steps, gathering better information as you proceed.
2. Continually learn from new information and the behaviour of the other side.
3. Use that learning to adjust and re-adjust your course as you move forward.
Evaluation is another important element of the process, and should be part of your tactics.
Periodically, you should put a little distance between yourself and the negotiations and ask:
How are things going? Are negotiations proceeding along a track that will eventually serve my
goals? Are they playing my game, or am I playing theirs? Whose frame dominates the talks? If
I were representing the other side, how would I answer these questions?
4.23.1 Barriers in Agreement
Typical barriers to negotiated agreements and what you can do to overcome or eliminate them:
1. Die-hard bargainers will pull for every advantage and try to make every concession come
from you. You can deal with these people if you understand the game they are playing,
withhold useful information from them (they’ll only use it against you) unless they
demonstrate a willingness to reciprocate, and make it clear that you don’t mind walking
away. If you don’t want to walk away- or cannot – do whatever you can to strengthen your
position and your alternative to a deal.
2. Lack of trust is a serious impediment to making a deal. Nevertheless, agreements are
possible if you take precautions, require enforcement mechanisms, build incentives for
compliance into the deal, and insist on compliance transparency.
3. It’s difficult to make a deal – and impossible to create value – in the absence of information.
What are the other side’s interests? What does it have to offer? What is it willing to trade?
Ironically, fear of advantaging the other side encourages parties to withhold the information
needed to create value for both sides. Each is reluctant to be the first to open up. This is the
negotiator’s dilemma. The solution to this dilemma is cautious, mutual, and incremental
information sharing.
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