Regardless of the type of negotiation, experts recommend taking it with a cooperative rather than a competitive attitude. They stress that the purpose of the negotiations is to reach an agreement rather than to achieve victory. “Any method of negotiation can be judged fairly by three criteria,” write Roger Fisher and William Ury in their book Getting to Yes: Negotiating Agreement without Giving In. “This should lead to a wise agreement if a deal is possible. It should be effective. And this should improve, or at least not harm, the relationship between the parties. If one side uses “hard” negotiation techniques – or harasses and intimidates the other party in order to reach a more favourable settlement – it only creates resentment and poisons future negotiations. Instead, the idea should be to find a win/win solution that satisfies the needs and interests of both parties. Negotiations involve a certain give-and-take, which means that one party will always win the negotiations.
However, the other must give in – even if this concession is nominal. The choice of negotiating style will also be an important consideration, as a negotiator views negotiations only from the point of view of promoting his interests and conducts negotiations accordingly. However, the co-op`s chief negotiator will see the issues in a fundamentally different light and will try to find common ground with his counterpart. In the most basic form of negotiation, two or more parties work to reach an agreement between them. However, the parties may designate representatives to act on their behalf. These representatives are: Even the best negotiators struggle to get things done at any given time. After all, the process requires give-and-take. Maybe a party just doesn`t budge and doesn`t want to give in at all. There could be other issues blocking the negotiation process, including lack of communication, some sense of fear, or even a lack of trust between the parties.
These obstacles can lead to frustration and, in some cases, anger. Negotiations can turn sour and eventually lead to an argument. At any time during negotiations, one party may decide to use various tactics to gain an advantage over another party. This behaviour can range from job action (trying to force a party to accept certain conditions), intimidation (implicit or explicit), deliberate ambiguity about the scope of the negotiating mandate, to manifestly unethical behaviour (providing misleading or false information, lies, etc.). Footnote 13. Although the role of the consultant depends on the circumstances of the negotiations, he or she is always bound by the principles of professional ethics. For example, the Canadian Bar Association`s Code of Professional Conduct states that when acting as a lawyer, counsel must treat the court with courtesy and respect, representing the client decisively, honourably and within the limits of the law. Although no two hearings are the same, defence counsel must apply these principles of professional liability in all situations (footnote 9). The Legal Adviser of the Ministry of Justice is also bound by the regulations of the Ministry of Justice and relevant policies and directives defining the appropriate role of the judicial adviser. Of note is the Treasury Board Contracting Policy, which establishes negotiation as a means of resolving contractual disputes.
Article 12.8.3 states: Participants learn as much as possible about the other party`s position prior to the commencement of a negotiation, including the strengths and weaknesses of that position, how they can prepare to defend their positions, and any counter-arguments that the other party is likely to make. Negotiations describe any process of communication between individuals aimed at reaching a compromise or agreement to the satisfaction of both parties. Negotiations consist of examining the facts of a situation, uncovering the common and conflicting interests of the parties involved, and negotiating to resolve as many problems as possible. Negotiations take place every day in almost every aspect of life – from national governments negotiating border disputes, to companies negotiating employment contracts with unions, to real estate agents negotiating the sale of real estate, and to former spouses negotiating the terms of a divorce. Small business owners are likely to face day-to-day negotiations when dealing with customers, suppliers, employees, investors, creditors, government agencies, and even family members. Many companies train their sales representatives in negotiation techniques, and many others hire professional negotiators to represent them in business. Good negotiations require prior preparation, knowledge of negotiation techniques and practices. Once it has been decided that negotiations are an appropriate course of action, agreements must be made with the other parties: suppose you want to buy a new SUV. The negotiation process usually begins between you and the seller with the manufacturer`s recommended retail price (MSRP).
This is the price that the manufacturer recommends to the dealer with whom the SUV will be sold. What many people don`t know is that most retailers typically sell below MSRP – unless the make and model are very popular.
