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Case study on negotiations
Strength and weakness of negotiation strategy
Sample of course reflection writing
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Introduction The following reflective report will discuss my performance in the negotiation exercise that was conducted on the 15th of September. It will include a brief summary of the process and outcome, an analysis of my presentation and will finish with a conclusion. The analysis section will be broken up into the four stages of negotiation; the relational stage, the exploring stage, the generating of options and the reaching of a solution. Strengths, weaknesses, ethical issues and negotiation techniques will all be identified throughout the analysis. I will also refer to my preparation plan, feedback sheets and other relevant source material. Brief Summary During the negotiation I acted for my client who was named Cara, my opposing negotiator …show more content…
I effectively managed to set forth concrete ideas to talk about and I established I would be seeking to ascertain the best outcome for Cara. My opposing negotiator definitely took note of the tone set forth and responded accordingly. My feedback sheet stated I acted in the best interests of my client and this aided my arguments throughout the rest of the negotiation. Strategies I used included highlighting the pain felt by my client and calling my opponent by her first name in order to come across as superior. I definitely utilized the ‘positional approach’ throughout the relational stage as I deemed it important to not appear debilitated at the commencement of the negotiation. Establishing that I held the stronger position paved the way for a better outcome. As stated in the Professional Skills and Ethics textbook, ‘negotiators in this opening stage are usually focused on creating an aura of power and are looking to persuade the other negotiator that they hold the stronger position.’ Fortunately there were no major ethical issues raised during this stage. In relation to professionalism, I noticed that my etiquette and manner of speaking may not have come across as respectful and courteous. Rule 4.1.2 of the Australian Solicitors’ Conduct Rules states that one must ‘be honest and courteous in all dealings in the course of …show more content…
The main strategy I used was backing up each issue with relevant medical or police evidence and case law. This greatly aided my arguments. I conversed mostly for the first half of this stage and my opponent subsequently responded and detailed her issues in the second half. I was surprised that most of the issues raised by my opponent were about the store’s economic circumstances and her desire that the dispute does not go public or reach litigation. My opponent did not contend any issues I highlighted which indicates that I presented strong clear arguments. I was also commended for my legal research prior to the negotiation on my feedback sheet. This was unquestionably a strength which was greatly helped by my continuing use of the positional approach. The use of case law in solidifying my argument around false imprisonment enabled my opponent to be willing to reach an agreement in Cara’s interest. Tony Bogdanoski discusses the role of positional bargaining in his journal article stating it involved ‘adopting extreme offers and utilising negotiation tricks to force the opposing party closer to their position.’ My strategy enabled my opponent to adopt a position closer to my own. Nonetheless whilst my arguments may have been convincing, my presentation of them lacked
Lewicki, J. R., Barry, B., & Saunders, M. D. (2011). Essentials of negotiation (5th ed.). New
Negotiations are supposed to begin in a positive way in which the negotiators consider the needs and wants of the others involved and their shared interests and interdependencies.... ... middle of paper ... ... References Michael R. Carrell, C. H. (2008). Negotiating Essentials: Theory, Skills, and Practice.
Negotiations styles are scholastically recognized as being broken down into two general categories and those are distributive bargaining styles and integrative negotiation styles. Distributive bargaining styles of negotiation are understood to be a competitive type of negotiation. “Distributive bargaining, also known as positional bargaining, negotiating zero-sum, competitive negotiation, or win-lose negotiation, is a type or style of negotiation in which the parties compete for the distribution of a fixed amount of value” (Business Blog Reviews, 2011). This type of negotiation skill or style approach might be best represented in professional areas such as the stock market where there is a fixed goal in mind or even in a garage sale negotiation where the owner would have a specific value of which he/she would not go below. In contrast, an integrative negotiation approach/style is that of cooperative bargaining, or win-win types ...
In understanding the way that people negotiate, I believe that men and women negotiate differently. After the Mark Trask negotiation during class, I noticed that women draw on more examples or comparisons when negotiating. The reason for comparisons or examples might be that women feel as though their counterpart might be more likely to understand a position or opinion if they hear something that is relatable to them. On the other hand, men might be more likely to not engage in this technique because they see that sticking to the relevant information and not elaborating will get them to an agreement quicker.
Lewicki, R. J., Saunders, D. M., & Barry, B. (2006). Negotiation Readings, Exercises, and Cases Fifth Ed. Bill Brubaker, Mark Asher, A Power Play for Howard Negotiation (pp. 616-626). New York, NY: Mcgraw-Hill Irwin.
Whether or not we are aware of it, each of us is faced with an abundance of conflict each and every day. From the division of chores within a household, to asking one’s boss for a raise, we’ve all learned the basic skills of negotiation. A national bestseller, Getting to Yes, introduces the method of principled negotiation, a form of alternative dispute resolutions as opposed to the common method of positional bargaining. Within the book, four basic elements of principled negotiation are stressed; separate the people from the problem, focus on interests instead of positions, invest options for mutual gain, and insist on using objective criteria. Following this section of the book are suggestions for problems that may occur and finally a conclusion. In this journal entry I will be taking a closer look at each of the elements, and critically analyse the content; ultimately, I aim to briefly bring forth the pros and cons of Getting to Yes.
Good preparation allows you to strategize with the ability to think quickly in the negotiation room. There are several different formats and styles of negotiations. The use of a certain style depends on elements such as the strength of the relationship, the urgency of the situation, the intricacy of the issues, and the content of the negotiation. Each format and style has its own strengths and weaknesses and can be strategically used in various types of situations. As mentioned, the preparation of a successful negation is necessary, especially concerning your BATNA. We have been able to explore such preparation and methods by participating and conducting negotiations with our peers. The following negotiation studies proved to have their own dynamic, thus accounting for a different preparation and negotiation tactic for each.
Negotiating styles are grouped into five types; Competing, Collaborating, Comprising, Avoidance, and Accommodating (Colburn, 2010). Even though it is possible to exhibit different parts of the five types of negation styles in different situations, can see that my tendencies seem to default to, Compromise and Accommodating. In reviewing the course work and reviewing my answers for Questionnaire 1 and 5, I find that the data reflects the same assumption. The accommodating profile is one where relationship perseveration is everything and giving what the other side wants is the route to winning people over. Accommodators are well liked by their colleagues and opposite party negotiators (Colburn, 2010). When analyzing my accommodating tenancy in negations, I find often it is easier to give into the demands when they are within a reasonable range. I often consider it the part of providing a high level of customer service. It has been my experience that continued delaying and not coming to an agreement in a topic will only shorten the window in which you will have to meet the request since. The cons to this style are by accommodating highly competitive styles the accommodator can give up to much ground in the process. “Giving away value too easily too early can signal to your negotiation counterpart that you've very deep pockets, and your gift is just a taster of bigger and better gifts to come”. The other negations type I default to is compromising. Compromising “often involves splitting the difference; usually resulting in an end position of about half way between both parties’ opening positions” (Colburn, 2010). In the absence of a good rationale or balanced exchanged concessions, half way betwee...
The negotiation revolved around three main individuals, Terry Hardel, Josephine McNair, and Joe Abernathy. For this negotiation, my partner played the part of Joe while I played Terry. We were both given the same general instructions. However, an additional set of secret instructions were given to each of us separately.
middle of paper ... ... Principled Negotiation: A New Tool for Case Advocacy? Social Work, 49(3), 506-13. Retrieved January 22, 2012, from the Research Library.
Lewicki, R., Saunders, D.M., Barry B., (2010) Negotiation: Readings, Exercises, and Cases. 6th Ed. McGraw-Hill Irwin. New York, NY
During this course, I have learned a lot about negotiating. We learned about almost every negotiating technique there is. We learned about cross-cultural negotiations, body language, Best Alternative To a Negotiated Agreement (BATNA), variables in negotiating, and many more. Before this course, I did not know that much about negotiating. I thought that negotiating was just about trading or convincing someone to give you what you want and you did not care about the other side, resulting in a win-lose. I now know that negotiating is about getting what you want, but also giving the other side what they want as well to result in a win-win. This paper is about how I am going to improve my negotiating skills over the next six months. In order for me to improve my negotiating skills, I believe I need to improve the following skills- my body language, communication, planning, and my interpersonal communications. By improving those skills, I can become an effective negotiator.
The topic for my real world negotiation is to come to an agreement with my supervisor for a promotion as well as an increased salary. I currently work as a student assistant at the student services Planning, Enrollment Management, and Student Affairs (PEMSA) department. My goal is to increase my hourly pay from $10.15 to $12.70, a 25% increase. Having worked in this department for three years, I have taken on tasks not part of my job description such as processing return mail, data entry, and supervision.
...w to apply these tactics into practice. Understanding the meaning of each tactics is just the first stage, flexibility in the use of appropriate tactics in future issues is more important. Besides, I need to make a detailed plan before the negotiation. Firstly, analyzing the interests, perspectives and weak points of the opposite side and selecting suitable tactics. Secondly, preparing several response strategies will help me to control the situations. Thirdly, setting the minimum level what I can agree on the issue is also essential part of negotiation.
Lewicki, R. J., Barry, B., & Saunders, D. M. (2007). Essentials of Negotiation. New York: McGraw-Hill/ Irwin.