Getting to yes Separate people from problem & Inventing options for mutual gain

1. Getting to yesSeparate people from problem&Inventing options for mutual gain Group 8 DeCarlos Evans Larry Chi Keith Macy Louie Glanton

2. Negotiation on the merits • People • Separate the people from the problem • Interests • Focus on interest, not position • Options • Generate a variety of possibilities before deciding what to do • Criteria • Insist that the result be based on some objective standard

3. Why use negotiation on merits? • Change the game of negotiation by… • Creating alternative to positional bargaining • Participants are problem solvers • Producing a better outcome • Efficiency • Amicable process • Building a long term relationship

4. Separate the people from the problem • Easier said than done • Avoid positional bargaining • Diagnose the situation • Focus on the problem • Be soft on the people, hard on the problem

5. Easier said than done! • We often see people and problems as one • Pre-conceived attitude (past experience or outside influence) • Confirming a negative impression • Words or phrases used • Use positive tone words (hand out) • Avoid using words like: • you, your, you people and your company • Tone & Mood • Your tone set your audience’s mood • Your tone express your attitude • Mood is your audience’s Emotion created by your tone Caution • If you create a STRONG emotion, • it is almost impossible to removed a negative emotion • it will be their Emotion dictating their decision and not facts or merits

6. Mind Set or attitude check prior to any negotiation • They are NOT your friends or adversaries • They are someone you work with to resolve issues • They are people just like you • They have emotions • Deeply held values (Intrinsic) • They like to be listened to or heard from • Show care towards their… • Feelings • Problems • Concerns

7. Separate the people from the problem Avoid Positional Bargaining Positional bargaining deals with a negotiator’s interests; both in substance and in a good relationship by trading one off against the other. Substance Relationship You can’t have them both!

8. Separate the people from the problem • Diagnose the situation • Who are you dealing with? • Principle or negotiator • Gather information • Organize received info • Formulate strategies • Focus on the problem • Have a clear identifiable goal • What you are trying to resolve? • Concentrate on the merits • Avoid stating any unfounded facts • People & Substance Interest • Confirming a negative impression

9. Separate the people from the problem • Be soft on the people, hard on the problem • People have feelings and emotions just like you • Separate people problem from substantive problem To better understand ourselves, we need to understand human problems • 3 Basic human problems • Perception • Emotion • Communication

10. 3 basic human problems • Perception • “Their thinking is the problem” • Your perception is your reality, so what are you think? • If you don’t know, just ask • Don’t assume you know • Knowing how they think will help you solve your problem “The ability to see the situation as the other side sees it, is the most important skills a negotiator can possess.”

11. 3 basic human problems • Emotion • What is effecting yours and theirs emotion? • Excitement • Frustrations • Nervousness • Anger • Fears • Hatred Are you fit to negotiate?

12. 3 basic human problems • Emotion • Don’t react to emotional outbursts • Caution: It could be a trap! • Allow the other side to let off steam • Listen quietly without responding to their attack • Its hard and it takes disciplines and training • Do not respond with any sarcasm • Do not show irritation or confrontational gestures • Keep a steady facial expression • Occasionally ask the speaker to continue until he has spoken his last word • Leaves little or no surprises • Your goal is to “understanding how they think or feel”

13. 3 basic human problems • Communication • Can be difficult • Misunderstanding • Too much distractions • Didn’t pay enough attention • Unclear on debated issues or problems • Thinking about your next argument and forget to listen “Whatever you say, you should expect that the other side will almost always hear something different”

14. 3 basic human problems • Communication • Listen actively and acknowledge what is being said • Ask for a clearly stated and or defined objectives from other party • Clarify any ambiguity or uncertainty • Seek complete clarification on all facts before negotiation • Understanding is NOT agreeing • Speak for a purpose • Know what you want to communicate

15. Preparation • Mind set or attitude check • Take time to meet with other party before negotiation begin (Be early & proactive) • Identify all key players • Gather information • Identify • Common Goals & Interests • Problems to be solved

16. Invent Options for Mutual Gain “Skills at inventing options is one of the most useful assets a negotiator can have” Why? • Efficiency • Avoiding Deadlock • Helping you to help me • Identify the differences between you and me • Create a solution that they might readily accept

17. Invent Options for Mutual Gain How? • Brainstorm with the absence of the other side • Choose a few participants • Clarify and set ground rules • Select and present ideas for consideration • Expert opinions • Seek for mutual gain

18. Brainstorm with the absence of the other side • Internal group discussion • Participants need not worry about disclosing their… • Feelings & opinions • Confidential information • Free from criticism • Avoid having ideas taken to be a serious comment or commitment to perform • Encourage free flow of ideas

19. Choose a few participants • Select a small group of people • Participant from your party • Define your purpose or wishes to be accomplished • Friends or family member for more creative thinking Caution When consider brainstorming with members from other side… Risk • Risk of disclosing confidential information • Misleading an option to be an offer Benefit • Creating a climate of joint problem-solving • Informing each side about the concerns of the other

20. Clarify and set ground rules • Separation • Separation of Inventing from Criticism or judgment • Only new innovative ideas and solutions are allowed • Consider all possible ideas “Real” or “Imaginative” • Record all presented ideas

21. Select and present ideas for consideration • Select several ideas • Identify and select best ideas for farther discussion • Deciding which of these ideas to be advanced in your negotiation • Formulate a strategy • Placed each idea in order of presentation • From best to worst • From worst to best

22. Expert opinions • 3rd Party’s opinion • A different point of view • How does your argument holds up from the perspective of different professions • Resolving any technical issues • Provide expert opinions • More solutions could be generated

23. Seek for mutual gain • Think outside the box • More than one way to skin the cat • Leave other side satisfy as you accomplished your goal • Create a Win Win situation • Identify shared interest • What do we all have in common? • Shared interests help produce agreement • Create new opportunities from your common goal • Shared interests can make your negotiation smoother & amicable

24. Differences • Many creative agreements reflect this principle of reaching agreement through differences • Interest • Beliefs • Values • Presenting interests • What is preferable, not necessarily acceptable • More favorable method of presenting interests

25. Decision • Make their decision easy • Your success in negotiation, depends on how easy you make it for the other side • Make it simple • No hidden agenda • No deceiving of truth, facts or material • Prepare multiple possible agreement • Start with the most simplest one • Start drafting your possible agreement as you present them

26. Preparation • Be prepare to invent options • Inventing options is not an alternative, it is a necessary process of your negotiation • Mutual gain will create… • Cooperation & compromising • Long term relationship • Amicable process

27. Inventing mutual agreements • What is good for me can also be beneficial to you • Avoid weighted negotiation • Avoid possible deadlock • If a decision is made by force or under pressure, it is very difficult to change therefore; by inventing mutual agreements that benefit both sides can drastically reduce a deadlock • Identify the differences • Creates opportunities and discover common goals • Make it easy for them to decide • Efficiency • Prepare multiple possible agreements • Start from the simplest • Be ready to draft your agreement during your presentation