Positional and win-win negotiations

Task1. Questions
Source: The three rules of win-win negotiations, Ed Brodow Seminars, U.S.A.
Negotiations can be uncomfortable and awkward but they do not have to be combative. Spending
time learning more about the other party will give you insight into what they really want. This
knowledge allows parties to both get what they want without haggling over the least important
item of priority. Today, many of us hear that win-win negotiations are all the rage. Academia has
in more recent times married win-win to principled negotiation. Yet, it is all too common that
most fail to understand that this term represents our achieving a mutually satisfying value-
maximizing win-win settlement. Yes, win-win negotiation is less about the process, less about
the “how” of getting there, and more about the destination. That said, this article focuses on how
best to get you a win-win outcome whilst keeping your eyes fixed on the elusive win-win
negotiation outcome or goal.
When we enter talks prepared, it is most likely that we’ll only have an educated guess as to the
other side’s intentions, interests, and priorities. It is a sad truth that in reality, many negotiators
do not ask questions to gain a better understanding of the ambitions that lie beneath the other
side’s position.
1. How do you handle an adversarial negotiator? Someone who is not interested in a win-
win outcome?
2. What happens if the other negotiator just doesn’t respond right away to your co-operative
behavior?
3. By advocating co-operative behavior, are you suggesting that people shouldn’t
aggressively go after what they want?
4. What happens if the two of you cannot find a win-win outcome?
5. How do you deal with a person you find to be intimidating?
6. What are the biggest mistakes people make when they negotiate?
7. What’s the most important single piece of advice you can give about negotiating?

Answers:
1. If win-win fails you must be ready to use adversarial techniques. But first try win-win.
People who do not want to use win-win do this because they are afraid that you will take
advantage of them. But if you demonstrate that care about them, they will come
around.Still it is important for win-win negotiating to have adversarial skills. You may
not have to fight but you have to be ready to defend yourself. You have to ask yourself: is
this negotiation a one shot deal or is it a long term relationship? A one shot deal is not too
crucial, but a long term relationship will not survive unless both sides win
2. Sometimes it doesn’t work the first time. You have to keep trying. Persistence pays off.
The process is all about open communication. About people being straight with each
other.
3. Not at all. It is not suggested not to pursue your own interest or to surrender to the other
negotiator in order to helpthem feel satisfied. There is an important distinction between
being aggressive and being assertive! You are aggressive when you pursue your own
needs at the expense of other people. You are assertive by pursuing your own needs by
showing respect for theneeds of other people. So speaking about win-win we talk about
being assertive!
 4. It is a possibility that this happens. Important question is if as a negotiator you want to
break the deadlock. Do you really want this deal? We must face the reality that there are
times that we are better off without a deal.
5. There are two answers to this question.First of all there are people who really enjoy
intimidating their opponents. The way of dealing with this kind of negotiator is simply to
be aware what is going on. You have to be aware. Once you realise that they are trying to
intimidate you, you can ignore it. Patience can help a lot. You must be able to take your
time and not let them rush you into something. And of course: always be willing to walk
away from a negotiation. If you are willing to walk away they cannot intimidate you.
6. To talk too much and to be in too much of a hurry. In World War II they had the slogan:
‘Loose lips sink ships”. In other words, if you know something that is vital for the war
effort, keep your mouth shut. The guy next to you might be a spy. This slogan should be
borne in mind by all negotiators. Many people sabotage themselves by talking too much
and listening too little. That’s why the second win-win rule is developing trust by
listening. In fact negotiators generally do not achieve muchby talking a lot and paying
little attention to what the other negotiator was saying. It’s ironic that most people think
that they have to say what they have to say. If these people really think it is important that
they have to say it, theyshould realizethat some of what they say can really hurt them in
adversarial negotiations if it gives away their real intentions.
7. Always be willing to walk away. If you want something too badly you loose your power,
which comes from your ability to say ‘No’. An other way of putting this is: never
negotiate without options. When you have alternatives, when you are not desperate, that’s
when other people will give you what you want. For instance we have all experienced
looking for a job. It’s always easier to interview for a job, if you already have a job. You
don’t need a new job and they want to hire you becausesomebody else hired you. Even in
a win-win negotiation you are in a much stronger position when you are not desperate.
Your judgement is not clouded by fear, you can take your time. You can reassure the
other negotiator that you are not here because you have to be here. You are here because
you want to be here.It is amazing how fears are communicated. If you want to make a
deal, it is not necessary for you to inform the other negotiator that you are in trouble. And
conversely, if you are willing to walk out if the result is not to your liking, then that too is
communicated. The other negotiator can sense your strength and they will bend in order
to reach an agreement with you.
Vocabulary:
Flexible (adj) - open/willing to change. We have always been flexible in terms of your working
hours.
Haggling (verb) - arguing back and forth (often about prices). We've been haggling over this
issue for too long now.
Hostility (noun) - long-term anger towards another.
Indecisive (adj)- has difficulty choosing/making a decisionThey were so indecisive we finally
asked them to take a break and come back next week.
Leverage (noun)- (bargaining power) something that gives one party a greater chance at
succeeding over another
Task2. Know the Power of the “No!”
Source: https://www.karrass.com/en/blog/negotiation-exercises Negotiating Activities
The true meaning of a win-win negotiated settlement is where the agreement reached cannot be
improved by any further discussions. So, your outcome cannot be improved for your benefit.
Similarly, the agreement for the other side cannot be improved further for their benefit, either.
By definition, there is no, or very little, value left on the table, and all creative options have been
thoroughly explored and exploited.
We are conditioned to negotiate toward a “yes-yes” situation. Anthropologists tell us it’s in our
DNA to want to reach consensus and find harmony, after all we are social animals. But one of
the most powerful tools in a negotiator’s box is the willingness to say a firm “no” and stand by it.
There are several important reasons why you should keep this tactic in mind every time you
come to the table.
 The danger there, however, is that each negotiation is actually just one along a long string
of negotiations we will take on -- often with the same entities -- over a long period of
time. When appropriate, and when it’s used well, saying “no” this time can set an anchor
point for future negotiations, giving you more power the next time you’re at the table.
This could even push the other side toward new concessions in advance of your next
meeting, thereby doing some of your negotiating for you.
 Practice using the strategic “no” and, under the right circumstances, you may well find
that concessions that the other side was holding in their back pocket come up more
quickly, improving your success at Effective Negotiating
Vocabulary:
Alternatives (noun) -other options. We can't offer you the raise you requested, but let's discuss
some other alternatives.
Compensate (verb) - make up for a loss. If you are willing to work ten extra hours a week we
will compensate you by paying you overtime.
Compromise (verb) - changing one's mind/terms slightly in order to find a resolution. We are
willing to compromise on this issue because it means so much to you.
Concession (noun) - a thing that is granted or accepted. I think we can offer all of these
concessions, but not all at once.

Task3. Collaborative Language

Source: Justice Education Society magazine
It’s important to talk the talk. When you’re collaborating you’ll want to use the language of
collaboration to keep you on track and avoid misunderstandings.
What do we tell the other side about our goals and interests? Reciprocation is essential in
negotiations. We have to reveal our goals and interests to provide a better understanding of how
the other side might not only meet their needs but ours as well. It’s best that we begin at the
outset by setting the frame of a cooperative mood to increase mutual interaction. Only then
should we progress into fact-finding and option generation. The other side will usually mirror
our behavior, the virtuous and less than virtuous.
If we start by openly offering information, others will normally reciprocate in kind. Our
initiating the volunteering of goals and interests does not necessarily put us at a strategic
disadvantage. Provided we set the frame of reciprocation and gain agreement at the outset, and
provided we don’t put all our cards on the table (better to trade cards, one for one), reciprocation
will likely prevail.
The following questions/phrases are examples of collaborative style language that helps promote
good communication.
 What if we…?
 What is important to you about…?
 What’s your point of view on ….?
 Let’s look at how we both…?
 How do you feel about …?
 I’d like to focus on..?
 My concern is…
 Correct me if I’m wrong…
 What was your intention…?
 How would you…if I…?
 Could you tell me more about…?
 I’ll consider that and get back to you.
 Let me see if I understand you...
 Would this be acceptable…?
 What I value most is…
 Have you given any thought to…?
 How would it work if…?
 My hope/goal is…
 In your experience...
 How do you see it?
 Let’s consider…
 Does it seem fair/make sense…
Use the phrases and make a conversation with a partner.
Tips for interest-based negotiations:
 Think about each topic and figure out, what is important to you about this and why? And
put yourself in the other person’s shoes and imagine what is important to them.
  You probably have an ideal outcome for each topic in mind. However, remember that
your ideal outcome may not be what ends up being agreed upon. Keep an open mind
about what the final agreement may look like. Think of a range of possible outcomes.
 Remember that in negotiation, it takes two to tango. You need the cooperation of the
other person to make this work and they need your cooperation.

Vocabulary:
Mutual (adj) - agreed by both or all. The decision to call off the merger was mutual.
Objective(noun) - goal for the outcome. My prime objective is to have my family members
added to my benefits plan.
point of view (noun) - person's ideas/ thoughts. From my point of view it makes more sense to
wait another six months.
Pressure (verb) - work hard to convince another of an idea. He pressured me to accept the terms
by using intimidation tactics.
Proposal (noun) - argument to present. While I listened to their proposal I noted each of their
objectives.
Receptive (adj.) - open to/interested in an idea.