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Welcome to the International Right of Way Association’s Course 205 Bargaining Negotiations

Welcome to the International Right of Way Association’s Course 205 Bargaining Negotiations. 205-PT – Revision 3 – 06.25.06.INT. Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course.

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Welcome to the International Right of Way Association’s Course 205 Bargaining Negotiations

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  1. Welcome to theInternational Right of Way Association’sCourse 205Bargaining Negotiations 205-PT – Revision 3 – 06.25.06.INT

  2. Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course...

  3. ObjectivesAt the conclusion of the two days, you will be able to... •Distinguish between integrative and bargaining negotiations • Articulate the basic concepts in the funnel technique to integrative negotiations • Discuss and employ characteristics of successful bargaining negotiations.

  4. ObjectivesAt the conclusion of the two days, you will be able to... • Exhibit interpersonal communicationskills of successful negotiators. • Understand tough tactics and manipulative ploys and negative outcomes and learn ways to counter or use them to advantage in bargaining negotiations.

  5. Housekeeping

  6. ScheduleDay One(1) 8:00 - 8:30 Introductions, Etc. 8:30 - 10:00 Negotiation 10:15 - 11:15 The Funnel Technique 11:15 - 11:45 Bargaining Negotiations 12:45 - 2:15 Intrapersonal Issues 2:30 - 4:00 Interpersonal Issues 4:00 - 4:45 A Negotiation Model

  7. ScheduleDay Two(2) 8:00 - 8:30 Recap 8:30 - 9:00 Bargaining Process 9:00 - 11:45 Approach to Bargaining Negotiations 12:45 - 1:30 Tough Tactics 1:30 - 2:15 Manipulative Ploys

  8. ScheduleDay Two(3) 2:30 - 3:15 Why Negotiators Fail to Improve Becoming a Power Negotiator 3:15 - 3:45 Summary and Review 3:45 - 4:45 Exam

  9. Negotiation … the process by which twoor more people resolve differences to reach a mutually acceptable agreement.

  10. Types of Negotiations Integrative Bargaining

  11. Integrative “Win-Win” Mutually beneficial outcomes Inquiry Collaborative

  12. Bargaining “Win-Lose” “Zero-Sum” Advocates positions Compromise

  13. Integrative v. Bargaining Integrative Bargaining Inquiry Advocacy Mutual Interests Individual Positions Collaborative Competitive Win-Win Win-Lose Trust Distrust Cooperative Adversarial Willing to change Unbendable “Soft ball” “Hard ball” Acceptance Agreement Open Communications Restrictive Communications

  14. I. Information Getting II. Information Giving The Funnel Technique III. Problem Census IV. Problem Solving IV. Problem Solving V. Closing

  15. Bargaining “Win-Lose” “Zero-Sum” Advocates positions Compromise

  16. Transitioning to Bargaining Specific discrepancy High commitment Highly informed Intelligent

  17. Price and…(1) the best deal the quality of solutions the level of service the terms

  18. Price and…(2) the project’s schedule reputation the agency’s entire staff the negotiator

  19. Inner Speech Speed Ellipsis Synthesis

  20. Strategies Look for inconsistencies Monitor the owner’s speech Make unexpected disclosures Use balanced appeals Use interpretive appeals

  21. Reducing Defensiveness (1) Evaluate linkages Align Determine needs

  22. Maslow

  23. Reducing Defensiveness (2) Control the outcome Read

  24. Negotiating Drives Competitive Solutional Personal Organizational Attitudinal

  25. Physical Factors Body Language Attire Territory and Personal Space “Face” Props

  26. Emotional Factors (1) Negotiator’s past experiences Negotiator’s self-concept Openness or willingnessto self disclose Can-do attitude

  27. Emotional Factors (2) Property owner’s pressureto conform Need to participate Need for inclusion

  28. Social Factors Communication Name-dropping Etiquette and protocol

  29. Environmental Factors Negotiator’s place, neutral place, property owner’s place Physical arrangementsand comforts Temporal

  30. Gender Differences (1) Men want to prioritize; women want to empathize. Menwant to solve problems; women want to discuss them. Women notice subtleties; men are more oblivious.

  31. Gender Differences (2) Men tend to hold their emotions; women tend to express them. Menand women have different body language. Men feel bad when they don’t solve problems; women feel bad when relationships don’t succeed.

  32. Culture (1)

  33. Culture (2)

  34. Negotiation Model

  35. Day One Recap • Distinguished between integrativeand bargaining negotiations • Articulated the basic concepts in the funnel technique to integrative negotiations • Exhibited interpersonal communication skills of successful negotiators.

  36. Day Two • Discuss and employ characteristicsof successful bargaining negotiations. • Understand tough tactics and manipulative ploys and negative outcomes and learn ways to counteror use them to advantage in bargaining negotiations.

  37. Bargaining Process (1)Opening movesConcessionsCooperationToughness

  38. Bargaining Process (2)RetreatSuperordinate GoalsThreatsPromisesBluffs

  39. Approach (1)Separate people from problemsNo counter attacksTimingRedirect to “interests’People orientationProvide information, be objectiveInitial positionFair decision-makingClose or BATNA

  40. Approach (2) Interests • The MTA’s interests (problems or issues that are functionof the MTA’s needs, desires, concerns or fears) are: • Mr. La Clair’s interests (problems or issues that are function of Mr. La Clair’s needs, desires, concerns or fears) are: • Other interested parties and their interests are: Objective evaluation criteria • Examples of objective evaluation criteria (e.g., market value,professional or moral standards, impact on schedule, etc.) are:

  41. Approach (3) Fair processes for decision-making • Fair process for decision-making (e.g., reciprocity, concession, neutral third party) are: BATNA (Best Alternative To a Negotiated Agreement) • The MTA’s BATNA is: • Mr. La Clair’s BATNA may be:

  42. Tough TacticsPromises and ThreatsNegative Outcomes

  43. Impasse, Stalemate and Deadlock An impasse is a point in the negotiation when neither side is capable of willing or is willing to give in. A stalemate occurs when both sides are still talking but seem unable to make any progress toward a solution. A deadlock is the point in the negotiation when lack of progress has frustrated both sides so much that they see no point in continuing.

  44. Manipulative Ploys Highballing Red herring Fake Authority Raising the Ante Good guy/Bad guy

  45. Why…? A failure to learn A failure to practice A failure to prepare A failure to self improve A failure to care

  46. ObjectivesNow,you should be able to... •Distinguish between integrative andbargaining negotiations • Articulate the basic concepts in the funnel technique to integrative negotiations • Discuss and employ characteristics of successful bargaining negotiations.

  47. ObjectivesNow, you should be able to... • Exhibit interpersonal communication skillsof successful negotiators. • Understand tough tactics and manipulative ploys and negative outcomes and learn waysto counter or use them to advantage in bargaining negotiations.

  48. Thank you. 205-PT – Revision 3 – 06.25.06.INT

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