Laws Of Exponents Practice Problems - efficient recipe of Negotiation
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Negotiation is the interactive social process in which population engage, when they aim to reach an trade with other party or parties on profit of themselves.
Negotiation is primarily a base mean of securing one's expectations from others. It is a form of communication designed to reach an trade when two or more parties have sure interests that are shared and sure others that are opposed.
- According to Shorter Oxford Dictionary, 1977-
Negotiation: To bestow with other for the purpose of arranging some matters by mutual agreement; to discuss a matter with a view to hamlet or compromise .
- Ginny Pearsom Bames sayes, Negotiation is a resolution of a inequity using give and take within the context of a particular relationship. It involves sharing ideas and information and seeking a mutually suitable outcome .
- The Pepperdine University of Usa has industrialized an explanatory definition of negotiation:
Negotiation is a communication process used to put deals together or decree conflicts. It is a voluntary, non-binding process in which the parties operate the outcome as well as the procedures by which they will make an agreement. Because most parties place very few limitations on the negotiation process, it allows for a wide range of inherent solutions maximizing the possibility of joint gains .
- According to Williams, Legal and hamlet 1983, Negotiation is a repetitive process that follows reasonably predictable patterns over time. Yet in legal disputes so much of the attorney's attention and vigor are absorbed by the pre-trial course and the coming of the trial, that they fail to identify the leading identifiable patterns and dynamics of the negotiation process
- M Anstey explains core elements of negotiation as follows:
1. A verbal interactive process;
2. Involving two or more parties;
3. Who are seeking to reach agreement;
4. Over a problem or conflict of interest in the middle of them; and
5. In which they seek, as per as possible, to keep their interests, but to adjust their views and positions in the joint effort to accomplish an agreement.
Broadly speaking, negotiation is an interaction of influences. Such interactions, for example, contain the process of resolving disputes, according upon courses of action, bargaining for personel or social or crafting outcomes to satisfy various interests. Negotiation is thus a form of alternative dispute resolution (Adr).
Characteristics of Negotiation:
o Negotiation involves two or more parties who need (or think they need) each others involvement achieving a desired outcome. There is a base interest that connects the parties.
o The parties start with dissimilar opinions or objectives. It is these differences that preclude agreement.
o The parties are willing to co-operate and recite to meet their goals.
o The parties can mutually benefit or avoid harm by influencing each other.
o The parties comprehend that any other course will not yield desired outcome.
o The parties think that negotiation is the best way to decree their differences (or at leas, a inherent way)
o They also think that they may be able to persuade the party to modify their primary position.
o Even if they do not get their ideal outcome, both keep the hope of an suitable outcome.
o Each has some work on real or assumed over the others actions. If one party is completely powerless, negotiation will have limited point for the other.
o The negotiation process itself involves interaction in the middle of people. This interaction might be in person, by telephone, letter etc. Or it might use a combination, because it is personal, emotions and attitudes will always be important.
Conditions for Negotiation :
A variety of conditions can work on the success or failure of negotiations. The following conditions make success in negotiations more likely:
Identifiable parties who are willing to participate: The population or groups who have a stake in the outcome must be identifiable and willing to sit down at the bargaining table if productive negotiations are to occur. If a valuable party is either absent or is not willing to commit to good faith bargaining, the inherent for trade will decline.
Interdependence: For productive negotiations to occur, the participants must be dependent upon each other to have their needs met or interests satisfied. The participants need either each other's assistance or restraint from negative operation for their interests to be satisfied. If one party can get his/her needs met without the cooperation of the other, there will be limited impetus to negotiate.
Readiness to negotiate: population must be ready to negotiate for dialogue to begin. When participants are not psychologically ready to talk with the other parties, when sufficient information is not available, or when a negotiation strategy has not been prepared, population may be reluctant to begin the process.
Means of work on or leverage: For population to reach an trade over issues about which they disagree, they must have some means to work on the attitudes and/or behavior of other negotiators. Often work on is seen as the power to threaten or impose pain or undesirable costs, but this is only one way to encourage other to change. Asking thought-provoking questions, providing needed information, seeking the guidance of experts, spellbinding to influential associates of a party, exercising legitimate authority or providing rewards are all means of exerting work on in negotiations.
Agreement on some issues and interests: population must be able to agree upon some base issues and interests for improve to be made in negotiations. Generally, participants will have some issues and interests in base and others that are of concern to only one party. The amount and significance of the base issues and interests work on either negotiations occur and either they quit in agreement. Parties must have sufficient issues and interests in base to commit themselves to a joint decision-making process.
Will to settle: For negotiations to succeed, participants have to want to settle. If continuing a conflict is more leading than settlement, then negotiations are doomed to failure. Often parties want to keep conflicts going to keep a relationship (a negative one may be great than no relationship at all), to mobilize social view or keep in their favor, or because the conflict relationship gives meaning to their life. These factors promote continued group and work against settlement. The negative consequences of not settling must be more valuable and greater than those of settling for an trade to be reached.
Unpredictability of outcome: population negotiate because they need something from other person. They also negotiate because the outcome of not negotiating is unpredictable. For example: If, by going to court, a someone has a 50/50 occasion of winning, s/he may decree to negotiate rather than take the risk of losing as a effect of a judicial decision. Negotiation is more predictable than court because if negotiation is successful, the party will at least win something. Chances for a decisive and one-sided victory need to be unpredictable for parties to enter into negotiations.
A sense of accident and deadline: Negotiations commonly occur when there is pressure or it is urgent to reach a decision. accident may be imposed by either external or internal time constraints or by inherent negative or sure consequences to a negotiation outcome. External constraints include: court dates, imminent executive or executive decisions, or predictable changes in the environment. Internal constraints may be artificial deadlines excellent by a negotiator to heighten the motivation of other to settle. For negotiations to be successful, the participants must jointly feel a sense of accident and be aware that they are vulnerable to adverse operation or loss of benefits if a timely decision is not reached.
No major psychological barriers to settlement: Strong expressed or unexpressed feelings about other party can sharply work on a person's psychological readiness to bargain. Psychological barriers to hamlet must be lowered if thriving negotiations are to occur.
Issues must be negotiable: For thriving negotiation to occur, negotiators must believe that there are suitable hamlet options that are inherent as a effect of participation in the process. If it appears that negotiations will have only win/lose hamlet possibilities and that a party's needs will not be met as a effect of participation, parties will be reluctant to enter into dialogue.
Styles of Negotiation:
There are dissimilar styles of negotiation. Style of negotiation is also a strategy. In some occasions the style reflects the attitude of the party and an experienced negotiator can guess the effect from such a guide of the party as becomes obvious by the style. Negotiation style is reflected in communication skills, interpersonal behavior of negotiators, language, voice tones, choices, listening power, non-verbal gestures and judgment. commonly there are three main styles of negotiation. A brief report is given below:
- Co-operative Style :
In this type of negotiation style, strategies which are typically used contain the production of concessions, the sharing of information and the adoption of behaviors which are fair and reasonable. Thus a co-operative negotiator typically explains the reasons for her concessions and proposals and attempts to reconcile the parties' conflicting interests; her proposals are measured against standards which both parties can agree, such as the legal merits of the case and fairness in the middle of the parties.
The benefit of the co-operative style of negotiation is that it tends to yield fewer breakdowns in bargaining with subsequent recourse to litigation, and to yield more convenient outcomes for both parties. This leaves both clients and negotiators in a position where they can 'do business' again. However, the co-operative style is branch to sure difficulties in operation where the parties to the negotiation are unequal in wealth or power or where one party will not trade for joint or mutual gain;
- contentious Style :
Thus the contentious negotiator makes concessions reluctantly because they may 'weaken his position' straight through position loss or image loss. He tends to make high first demands, few concessions and have a commonly high level of aspiration for his client.
It is often suggested that this style leads practitioners into exact negotiation strategies, for example, never production the first offer, always attempting to conceal the client's true objectives always being the someone who drafts the final offer; and the use of exaggeration, threat and bluff to create high levels of tension and pressure on the opponent. If used effectively these tactics cause the opposition side to lose belief in there case and sacrifice their expectations of what can be obtained for there client It is therefore, an essentially manipulative approach, designed to intimidate the opposing side into accepting a negotiator's demands.
- Problem-solving Style:
A problem solving style to a dispute over passage might be based on the assumption that whilst both parents want passage to their children for some of the time, neither would, in practice, want passage for the whole of the time. On this basis a negotiated hamlet advantageous to all parties (including the children) may be effected.
The problem-solving style thus get underway with both negotiators trying to ascertain the basal needs of their clients. This can best be achieved straight through client interviews in which the lawyer explores with the client how he wants the dispute to be fulfilled, in social, economic, ethical and psychological terms. Focusing on the actual (rather than the assumed) needs of clients leads to solutions often more complicated and yet more satisfactory in terms of social justice than those which a court could order, or which could effect form contentious negotiation.
The four basic tactics which Fisher and Ury describes as being valuable to the process of problem solving negotiation are :
1. Separate the population from the problem; In the other words, isolate the interpersonal relationship in the middle of the negotiators and their clients from the merits of the problem or conflict
2. Focus on interests not positions; that is, think the interests of the clients so that is party's motives, goals and values are filly understood by each side
3. Generate a variety of options; for example, brainstorm to build new ideas to meet the needs of the parties
4. Insist that the effect of the negotiation be based on some objective suitable that is, correlate proposed outcomes against de facto ascertainable suitable base on objective criteria.
Basic structure of the negotiating process :
It is leading to note that there are some basic structures of negotiation process. These structure growth the potential and skills of negotiator also helps to create thriving environment for the productive negotiation. The most valuable structure may be described as:
Agenda-setting:
Unless an schedule has been agreed in improve you will agree with the opposing lawyer the practical issues of how the negotiation will be conducted, what the schedule for the discussions will be, recorded and minute
Clarification of the facts:
A inherent first is for you, or your opponent, to identify and agree the relevant available facts of the dispute and the law relating to those facts. This could then be followed by your identification of and trade on, any missing or conflicting facts, or inequity in documentation. At this point you cold seek to decree such inequity straight through supplementary investigation, and straight through listening to and questioning the order side.
Evaluation and repositioning:
- You will next correlate alternative explication in relation to the needs of both parties (co-operative problem solving style) or you will make strong counter proposals to your opponents position (competitive style)
- You will eliminate unworkable proposals (co-operative problem-solving style) or use a variety of negotiating tactics to heighten your position and discredit that of your opponent (confrontational style)
- You will create new proposals (co-operative problem-solving style) or identify trade-offs and concessions (competitive style)
- You will think ending the negotiation if the tradeoffs are too high for both parties (co-operative problem-solving style) or if the trade -offs are suitable to your side although not to the other(competitive style)
Closing:
Finally you will need to find a way of windup the negotiation. The alternatives at this stage include:
- Adjourning to gain supplementary information, and instructions from your client
- Adjourning to report a final offer from the other side to your client and seek his instructions
- Reaching a final trade as authorized by your client
If the outcome is thriving and a hamlet has been reached, you will need to check your understanding of the hamlet with that of your opponent to make sure that you are in agreement. You must next decree how the hamlet is going to be made legally enforceable (if it is), and who will draft the terms of any written settlement.
Review:
Throughout the whole of the process referred to above, it is helpful from time for the lawyers to recite the stage that has been reached in the discussions. This is especially recommended if you appear to have reached a deadlock, or there is an uncomfortable silence. A recite gives each side the occasion to correlate their primary objective with that has been achieved so far and think how the negotiation should proceed. This can lead to one or other of the negotiators stating a revised or more innovative position as a inherent explication to the problem.
Stages of Negotiation:
Stage 1: evaluate and opt a Strategy to Guide problem Solving
o Assess various approaches or procedures--negotiation, facilitation, mediation, arbitration, court, etc.--available for problem solving.
o Select an approach.
Stage 2: Make experience with Other Party or Parties
o Make first contact(s) in person, by telephone, or by mail.
o Explain your desire to negotiate and coordinate approaches.
o Build rapport and improve relationship
o Build personal or organization's credibility.
o Promote commitment to the procedure.
o Educate and gain input from the parties about the process that is to be used.
Stage 3: gain and Analyze Background information
o gain and analyze relevant data about the people, dynamics and substance complicated in the problem.
o Verify accuracy of data.
o Minimize the impact of inaccurate or unavailable data.
o Identify all parties' substantive, procedural and psychological interests.
Stage 4: build a Detailed Plan for Negotiation
o Identify strategies and tactics that will enable the parties to move toward agreement.
o identify tactics to acknowledge to situations peculiar to the exact issues to be negotiated.
Stage 5: Build Trust and Cooperation
o put in order psychologically to share in negotiations on substantive issues. build a strategy to deal with strong emotions.
o Check perceptions and minimize effects of stereotypes.
o Build recognition of the legitimacy of the parties and issues.
o Build trust.
o Clarify communications.
o Stage 6: beginning the Negotiation Session
o Introduce all parties.
o exchange statements which demonstrate willingness to listen, share ideas, show openness to suspect and demonstrate desire to trade in good faith.
o Establish guidelines for behavior.
o State mutual expectations for the negotiations.
o Describe history of problem and explain why there is a need for change or agreement.
o identify interests and/or positions.
Stage 7: Define Issues and Set an Agenda
o Together identify broad topic areas of concern to people.
o identify exact issues to be discussed.
o Frame issues in a non-judgmental neutral manner.
o gain an trade on issues to be discussed.
o decree the sequence to discuss issues.
o Take turns describing how you see the situation. Participants should be encouraged to tell their story in sufficient information that all population understand the viewpoint presented.
o Use active listening, open-ended questions and focusing questions to gain supplementary information.
Stage 8: uncover hidden Interests
o Probe each issue either one at a time or together to identify interests, needs and concerns of the valuable participants in the dispute.
o Define and explain interests so that all participants understand the needs of others as well as their own.
Stage 9: create Options for Settlement
o build awareness about the need for options from which to opt or create the final settlement.
o recite needs of parties which recite to the issue.
o create criteria or objective standards that can guide hamlet discussions.
o Look for agreements in principle.
o think breaking issue into smaller, more manageable issues and generating solutions for sub-issues.
o create options either individually or straight through joint discussions.
o Use one or more of the following procedures:
o improve the pie so that benefits are increased for all parties.
o Alternate pleasure so that each party has his/her interests satisfied but at dissimilar times.
o Trade items that are valued differently by parties.
o Look for integrative or win/win options.
o Brainstorm.
o Use trial and error generation of many solutions.
o Try silent generation in which each personel develops secretly a list of options and then presents his/her ideas to other negotiators.
o Use a caucus to build options.
o guide position/counter position selection generation.
o isolate generation of inherent solutions from evaluation.
Stage 10: correlate Options for Settlement
o recite the interests of the parties.
o correlate how interests can be met by available options.
o correlate the costs and benefits of selecting options.
Stage 11: Final Bargaining
o Final problem solving occurs when:
o One of the alternatives is selected.
o Incremental concessions are made and parties move closer together.
o Alternatives are combined or tailored into a superior solution.
o container settlements are developed.
o Parties build a procedural means to reach a substantive agreement.
Stage 12: Achieving Formal hamlet
o trade may be a written memorandum of understanding or a legal contract.
o identify "what ifs" and guide problem solving to overcome blocks.
o build an assessment and monitoring procedure.
o Formalize the hamlet and create enforcement and commitment mechanisms.
o Judicial review
Influencing factors of Negotiation :
There are some influencing factors or elements of negotiation which are valuable and plays vital role in production productive negotiation. A short report is given below:
- Negotiator: Negotiation process is influenced by various factors. The first such factor is the skill and potential of negotiator, his character and credibility. other ability, which is a major factor in negotiation, is that the negotiator should keep operate over the process. A negotiator should recite the improve of the negotiation process; time and again effort to build bridges in the middle of the parties. He or She should try to create a sure attitude towards agreement. A great deal of skill and experience are valuable to operate the entire process of negotiation, which can be gained by keen consideration of strategies adopted by other parties, past experience and studying the best negotiation processes in the contemporary world.
- Parties: Parties are a major work on on the negotiation process. The parties, their interests and the way they react and acknowledge decree the process. Parties to a dispute have their own mindset when they come to a negotiation table.
- Selection of the team: The team of negotiation should be excellent basing on case and circumstances, so that each member contributes towards achieving the goal with productive working.
- Place of negotiation: Sometimes the place of negotiation matters. Unfamiliar surroundings may cause stress to the opposite party in comparison to a well-known place.
- Layout of the room: The layout of the room has an work on on the guide of the negotiation to some extent. Ideally the layout should be chosen taking into consideration the circumstance in which the parties operate. For example, if the negotiation in with regard to any market dispute, negotiators should ensure that the distance in the middle of the parties is not too much. The seating arrangements should be such so as to encourage a relaxed mood. The build of layout should reflect attitudes and perceptions and issues being discussed in negotiation.
- Psychology in negotiating: science of mind of the negotiators, as well as the parties plays an leading role in the operation of negotiation. The population complicated in the process work with dissimilar attitudes, approaches and activities. according to Maslows' 'Need Hierarchy Theory', behavior of population is influenced by their needs. People's needs are classified by him into:
1. Physical and survival needs;
2. Security and security needs;
3. Social needs;
4. Ego needs;
5. Self realization needs.
Effective Negotiation Skills :
The key to productive negotiation is clear communication. communication involves three leading skills: Speaking, Listening and understanding. You can't have one skill work without the others--for example, you can't have good understanding without good listening and speaking. Negotiation is most productive when population are able to clearly identify and discuss their sources of inequity and misunderstanding.
Speaking:
Negotiation begins with a clear, brief explanation of the problem as each someone sees it. Facts and feelings are presented in a rational manner from the individual's perspective, using "I" statements. communication in the middle of population will go more smoothly when statements such as "I come to be very upset when you "are used rather than more aggressive statements such as "You make me mad when you," which blames the other someone and puts him or her in a defensive position. Shared concerns rather than personel issues remain the focus of argument throughout negotiation. The negotiation process will be most productive when population take time to think straight through what they will say. When possible, plan ahead to meet at a time and place convenient to everyone. A quiet, neutral spot where there are few distractions or interruptions is exquisite for open discussion.
Listening:
Listening is an active process of concentrating all of one's attention on the other person. Encouraging the other someone to share thoughts and feelings, giving feedback on what has been heard, and maintaining eye experience are skills that show you are interested in understanding what he or she has to say. It is always helpful to simply ask, "I understood you to say Am I exact in this?" or "I hear you saying that you are that how you feel?" Active listening assures the other someone that he or she is heard, suitable and respected. The potential to listen actively supports open, ongoing negotiation. Thinking ahead or anticipating the course of the argument is distractions that interfere with listening. Poor attention and listening can lead to misunderstandings, inappropriate solutions and continuing conflict.
Understanding:
Before two sides can look for solutions; a base understanding must be reached. If two population do not understand each other's problems and concerns, then the process of negotiation will either be broken off or will end with solutions that do not work. Active listening encourages understanding. It is leading to pay close attention to what someone says as well as to how he or she behaves. Body language, including facial expressions, hand gestures and degree of eye contact, can contribute clues about the other person's thoughts and feelings. Observations, however, are shaped as much by the observer as by the someone being observed. It is good convention never to assume to understand the other someone without first asking, "Did I hear you correctly?" or "I have noticed that you appear" or "I sense you are under strain. Do you want to talk about this?" and "I'd like to hear from you about how you are feeling" are all good examples of statements that encourage communication and great understanding in the middle of people.
Best Negotiation Tips :
Generally negotiation depends on the ability, skill, technique and knowledge of negotiator. The tips of the negotiation are varies from negotiator to negotiator. Some best negotiation tips with example are given below:
- Be willing to negotiate in the first place:
Some population are too shy to talk about money. Others think it's rude or demeaning. And in many cases they're right. However, when it comes to doing a deal - and we all have to sometimes - being unwilling to engage in "money-talk" can be a very costly business. There are a lot of experienced negotiators out there. If you're buying a house or a car, or taking a new job, you can be sure you'll have to deal with such a person. If they can see you're timid about the whole business, many will take benefit of that fact. You also shouldn't be shy about turning something that may not immediately appear to be a negotiation into one. If I'm buying a few costly things from the same store, I'll often ask them to throw something in for free or sacrifice the price. Just because there's no sign saying you can do that, doesn't mean you can't. Often, simply by Asking for something extra I'll get a great deal
- Don't get emotionally involved:
One big mistake many amateur negotiators make is to come to be too emotionally attached to winning. They shout, threaten and demand to get their way. This is all counter-productive. Most deals are only inherent if both population feel they're getting something out of it. If the someone over the table feels attacked, or doesn't like you, they probably won't back down. Many population hate bullies, and will be more willing to walk away from a transaction if it involves one. Keep calm, patient and friendly, even if the other someone starts losing their cool. Make sure you leave any pride or ego at the door. You are more likely to do well that way.
- Don't get suckered by the "rules" trick:
When someone sends me a contract to sign, if there's something on there I don't like, I'll cross it out. I'm also happy to write things I want added in if I think they should be there. Sometimes, the other party will come back to me and say "You're not allowed to make changes to our contracts like that". Oh really? Since I'm the one signing the thing, I'll make any changes I want, thank you very much. There's no law that says they're the only one allowed to add things to a contract. If they're not happy with my changes, let me know and we can work it out, but don't simply tell me I don't have permission. This highlights a base tactic used by experienced negotiators such as real estate agents, employment agents, car salespeople and the like. They know many population are sticklers about following rules. So they'll make up valid sounding pronouncements and insist that "this is the way it's done" or "you're not allowed to do that". If someone starts trying to box you in by adding rules to the deal, ask them to contribute proof that such rules de facto exist.
- Never be the first someone to name a figure:
This is an costly part to have to learn, but a good one. I do a lot of contract work, and one of the first questions I'm commonly asked is "What's your hourly rate?" This is a high pressure question, and I often found myself blurting out a form that was lower than what I de facto wanted. These days, I've learned the significance of getting the other someone to say a amount first. Now, I acknowledge to that demand by Asking "What's the budget for this contract?" Often, I'm surprised to discover they're offering me a great deal than I view they were.
- Ask for more than you expect to get:
Once the other person's given their figure, even if it's much great than you expected, say something like "I think you'll have to do great than that". Don't be arrogant or aggressive. Just say it calmly. When they enquire about your expectations, ask for more than you expect to get. Few population will walk away from a deal once it's commenced, and you can let the other someone feel as if they're winning by lowering your "unrealistic expectations" a bit at a time.
- Just giving the impression that you're willing to walk away can do wonders for getting a great deal. always play the reluctant buyer or seller.
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