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Negotiations
PreparationàListen/Watch/Observe(gathering
information).
Target=
Bottom Line or Reservation
Point
Range and Actual Bargaining
Range
Information
Power=relative
dependency or need or alternatives(real or
perceived).
Strategy
Style
Competitive
Cooperative
Compromising
Competitive
Problem Solving
Variablesèpersonality
Competitors
try to win, dominate, zero-sum, other side
loses.
1)Info game; 2)open at
margin (high or low); 3)concede reluctantly;
4)small increments; 5)mid-point rule
Power: Determining
Relative Dependencies.
Justifications: by
doing research.
Focal Points:
especially if objective number. Think what you
can use(in law suit, insurance coverage).
Deadlines: As they
approach things move.
Start: Negotiate How to
Negotiate; Bring an Agenda.
Interviewing of Client=
I.
Intro=in confidence be forthcoming
good, bad, ugly so better represent you
II.
Broad Statement of Problem=Open
ended questions so client will tell you.
III.
More Detailed Questioning to fill in
Blanks. Identify & Understand Goals, Legal &
Non-legal issues.
IV.
Restate to Client your understanding
of Problem.
V.
èCounseling:
Pick a strategy
Agree to role you & client will play.
Non-verbals coached.
Empathy=understand their
point of view on an emotional level. Identify
w/them.
Ego Subservience to client
goals.
Problem Solving
Approach
Interests/Motivations
behind Positions yield various
Compromising Interests
Complementing Interests
Conflicting Interests
Pre-negotiation
1)BATNA=best alternative to
negotiated agreement.
2)What are the
interests/motivations.
3)Figure out what is an
agreement they would accept
4)Brainstorm
Negotiation
1)Negotiate how to
negotiate. A)define problem; B)issues;
C)motivations; D)
2)Share Infoàbut
can block harmful info.
3)Define problem; Define
your & their interests.
4)Solutions=but no
evaluation; even if they aren’t what you
want(stand still). Try to increase pie.
5)Evaluate all possible
solutions. Best to use some objective
criteria(industry standard, bids, other).
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California 90210
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