Keys to Negotiation 10–Some Collaboration Tips for Complex Problems

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Susan K. Driver and Berton Lee Lamb

When, and with whom should you collaborate in complex, multi-party negotiations?  On the one hand, fairness demands including all stakeholders, but on the other hand, involving diverse stakeholders can dilute the process and leave weaker parties at the mercy of stronger ones.  Almost everyone has faced this question.  From our work in multi-party environmental negotiations involving state, local, tribal, and federal governments we have identified a few key tips for effective collaboration.   Continue reading

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Negotiation Quick Tips: All Negotiation is a Little Like Diplomacy

What has been your experience?  Are your negotiations a little like diplomacy?  By “diplomacy” I mean country-to-country interactions; building relationships, forming alliances, bargaining, and closing a deal.  In a recent post on the Forbes webpage, negotiation trainer Victoria Pynchon wrote about “negotiating like an international diplomat.”  In her post, she summarized advice from the book by Molhatra and Bazerman (Negotiation Genius).  The chief theme in Pynchon’s post is about avoiding or deflecting a focus on the weakness of your position.

Check out the Forbes post and let us know what you think.  Does this reflect your experience? You can leave your response by clicking on “Leave a comment” above.

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Keys to Negotiation 9–Balancing Spontaneity and Planning

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Gregg Fisher

Here is a story told by Robert Cialdini in his book Influence: The Psychology of Persuasion (page 274).  Back in the 1960s when the world seemed to be changing and long hair on men was new and controversial there was an exchange between rock star

Gregg T. Fisher, Colorado Mediation Services, LLC

Frank Zappa and radio talk show host Joe Pine.  Two facts about Zappa and Pine were that Zappa had long hair and Pine wore a prosthetic leg.  Zappa had barely sat down at the interview table when the exchange went like this:

“Pine: ‘I guess your long hair makes you a girl.’

Zappa: ‘I guess your wooden leg makes you a table.’”

This is a famous example of a one-line comeback that illustrates something about negotiation.  Continue reading

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Active Listening – A Foundation for Effective Communication in Negotiations

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Susan K. Driver

Active listening sounds simple, doesn’t it?  But it’s not that easy for any of us, even experienced negotiators.  In

Suzy Driver is a negotiation coach and lecturer

a previous post, my colleagues talked about the importance of really listening to the other side and what they are saying when you are engaged in a negotiation process. This approach to listening is called “active listening” and it is one of the important skills needed for effective communication. Active listening is a skill set effective negotiators can easily develop with practice. Continue reading

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Keys to Negotiation 8–Pushing Your Agenda is the Easy Part

In his best selling book Big Russ & Me Tim Russert tells the story of a father and son conversation.  In this conversation the father and son are both physicians and the father is giving advice to the son.  Russert recalls the conversation this way:  “Doc Tierney taught his son that treatment is the easy part of medicine; the real challenge is getting the diagnosis right.  And the key to the right diagnosis, he would say, comes from really listening to the patient.  He warned his son against the danger of arrogance.

Dr. Sanders at Step Up to Negotiation course

‘The minute you think you’re any good in this business,’ he told [his son], ‘that is when you’re going to start harming your patients.'”  This conversation set us to thinking about keys to good negotiation practice. Continue reading

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Keys to Negotiation 7–Responding Not Reacting

Last night my wife and I were watching a really great, classic movie: Twelve Angry Men.  We were watching the 1957 version with Henry Fonda, Lee J. Cobb and ten other fine actors.  We have seen this movie many times over the years and enjoyed it from a new perspective each time.  This time I viewed the program through the eyes of a negotiation coach.  What I saw was an excellent example of a classic negotiation. Continue reading

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Framing the Debate

Almost every time I find myself in a discussion someone comes up with a catch-phrase or word image that captures the thinking of the group.  After the metaphor is first used, everyone follows suit and makes that word image a reference point for the rest of the discussion.  But not every catch-phrase works. Continue reading

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Thinking about Your Opponent 6–Analysis versus Belief

Do you ever wonder where to put your focus during a negotiation?  Most of the negotiations in which we are involved include a very high level of analysis.  Data are a big part of almost all negotiations.  The tendency is to focus first on the analysis.  We think that if we can present a good case our opponent will naturally fall into line.  Our line!

Recent research, however, underscores the need to take a strategic approach to negotiations.   Continue reading

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Keys to Negotiation 6–Think about Implementation

Ever wonder why what seemed like a good agreement didn’t work out? A recent book by Eric Patashnik, entitled Reforms at Risk, reminds us that success often rides on how an agreement is implemented.  Dr. Patashnik argues that new policies are likely to be least successful when “old relationships persist and investment in the reform program is minimal” (Piskulich 2010).  For negotiators, the lesson is the importance of thinking about who will carry out the agreement and what tools they will have to do it.

A good agreement can be undermined if those who must implement it don’t appreciate its value or know what do do about it.  One of the reasons some environmental agreements we studied were not fully implemented is that those who needed to carry them out were never told the agreements had been reached!

Here are a few questions to ask yourself and the other parties when you are bringing the negotiation to a close:

1) Do I and the other parties know what concrete steps we are supposed to take to implement the agreement?

2) Have we identified the people–or parts of the organization–who will carry out the agreement?

3) Do we have a plan for explaining the agreement to the others in our organization or to our constituents?

4) Are there implementation milestones built into the agreement and do we know how those will be reported?

A plan for implementation should be part of the agreement.

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Thinking about Your Opponent 5–Context

We often focus on our negotiation opponent in a very personal way.

Berton Lee Lamb discussing natural resource negotiation at Yamaguchi University, Japan.

We think our opponent is unnecessarily harsh or deeply uninformed.

Sometimes we simply feel that we cannot trust another party in a dispute.  We don’t want to negotiate when we believe an opponent is untrustworthy.  A recent article by Dr. Kurt Cline suggests that the feeling of untrustworthiness may have less to do with the individual negotiator and more to do with context.

Continue reading

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