How your love or hate for negotiations influences your outcome. And what to do about it.

One question I ask at the beginning of almost every single one of my workshops is: “Do you enjoy negotiating?”

Having asked this question to over 5,000 people on five continents, across many professions and cultures, I am finally no longer surprised by the typical answers I get.

On average, only about 10–20% of people raise their hands (or click “yes” in our anonymous online poll). Yes, even professionals who negotiate every day! Yes, even in cultures where bargaining is life! I know.. I was shocked at first too!

Apart from curiosity, there is a deeper reason I ask this question.

With negotiations, it is much like with public speaking. If you hate public speaking, if it makes you nervous, if you dread being on that stage, you will likely not radiate confidence and give a very persuasive presentation. More likely, your inner discomfort will make you talk as fast as possible and do everything to get off that stage as quickly as you can.

The same goes for negotiations. If you are not comfortable with the process of negotiating (or at least comfortable with the fact that you are uncomfortable), your default reaction will be to get you out of this situation as quickly as possible. You are therefore much more likely to take a less optimal deal just to escape the situation.

Now think about this: If, on the other side of that negotiation, you happen to have someone who enjoys negotiating, guess what their default reaction to the situation will be. They will make themselves comfortable in their chair! They love it and are ready to do this all day long.

Guess who is getting the better deal?

The second person!

Without even considering negotiation position, skill, or strategy, the latter person already has an advantage by the sheer fact that they are comfortable in the situation.

And more: They will learn more from the situation. Because experience only translates into expertise if we analyze and consciously work on our skills.

I learned French for 8 years at school. And to this day, I can barely order a croissant. Your guess, how much I enjoyed the process of it 😀

What can you do if you want to become more comfortable negotiating?

Negotiation is like a muscle. It only grows with conscious training. Saying I am a bad negotiator without having worked on my negotiation skills is like saying I cannot lift weights without ever having stepped foot in a gym.

You need two things:

1. Learn a proper framework

Just starting to lift weights can be dangerous. You can hurt yourself, learn the wrong routines, and not see the best results. Anyone serious about lifting would first get a trainer. Negotiations are similar. You don’t need very much, but you do need to understand the fundamentals. Collaborative vs. competitive negotiation, how to create value, how to bargain, and how to ask good questions. See if your company offers a course or take one online (there is everything from free on Coursera to mid-range on Udemy to high-end by Harvard and consorts; we have a few specially designed for lawyers hereas well).

2. Put the skills and frameworks to conscious use

Negotiation is a muscle. It grows only with practice. The bad news is that this takes time. The good news is that you can practice anywhere.

Moving house, signing a new phone contract, insurance products, banking, buying clothes, picking a caterer, hiring a swim coach, painting the house, fixing the car, deadlines with your colleagues, task distribution with your boss, salary, vacation days, etc. I bet your day has at least five negotiation opportunities, probably ten times that!

Why do we not utilize these opportunities more? A lot of times we

a) don’t notice that we are in a negotiation or

b) can’t be bothered to negotiate.

Claudia, I don’t want to bargain about every single small thing.” “I can’t be bothered.” “I feel silly.

You don’t have to. But this is how you will learn to get comfortable. Because if you are not comfortable asking for the thing you want or the discount you would like in your daily low-stake interaction with the lady at the market, how do you expect to be comfortable negotiating high-stakes matters with the lady who runs your company? 😉

When I was young, I used to hate to bargain or ask for things for myself. I thought it was cheap, inappropriate or a waste of time. Gender expectations further exacerbate the notion of “don’t ask anything for yourself“.

But I love to lift weights. So the moment I understood how similar the success journeys of these two skills are and that in each case it is a learned skill that only grows with practice, I started taking daily situations as serious negotiation practice. The rest is history.

To your success!

Dr. Claudia

Your Negotiation Whisperer

 

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.
Each week, you will get a bite-size email unpacking some of the most fundamental negotiation concepts that you can apply in your everyday negotiations, along with an insight video and book recommendation to go further in areas you want to learn more about.

Unlock the Power of Mirror Neurons to turn any ‘Debbie Downer’ into ‘Debbie Dazzle’

What you will learn today: The role of mirror neurons in negotiation; how to sway someone elses negative energy; the power of being the strongest energy in the room

There is one key insight I have gained from many negotiation dynamics, especially when they go in a direction that you don’t want them to go:

The strongest energy in the room will determine the energy in the room.

Here is the story about me trying to get preferential treatment with an Austrian passport authority to show you what I mean:

A couple of years ago, I had to get my passport renewed. It was quite urgent since I had a work trip coming up, and I was hoping to get the passport authority to prioritize it and also send it to my house instead of me having to pick it up.

I walked in ready to negotiate for this special treatment on a Monday morning as the first customer. The lady I was assigned to was not a (Monday) morning person, to put it mildly.

She didn’t even look at me.

Her replies were monosyllabic at best.

No matter how bubbly, friendly, and appreciative I was, she radiated an aura of darkness.

For about 10 minutes (that felt like an hour), I went on in my friendly bubbly monologue, trying everything to lift her mood. It seemed hopeless.

In my mind, I was ready to give up (“I am not going to turn this ‘Debbie Downer’ around“, I thought). But I had nothing to lose, so I kept going.

After maybe 15 minutes, suddenly something flipped. It was almost like a switch that had turned on a light inside of her. Suddenly, she started chatting with me:

Oh, why do you have so many stamps in your passport? What do you do?”

“Where are you from?” “Oh, my niece also went to school there!

She was a completely different person.

By the end of our interaction, I had gotten everything I wanted. On the way out, she even tapped me on the shoulder!! (Important cultural note here for those who go “So what?”: Austrians are not known to be ‘touchy’ like this)


 

What does this story teach us about negotiation?

You always have power over the energy in the room.

Your behaviour and your reactions directly impact how the other person will treat you. It’s called “Mirror Neurons”.

Mirror Neurons are special brain cells that mirror what we observe, helping us to better connect and empathize with others. Basically, people are subconsciously hardwired for reciprocity. You treat me well, and I treat you well. You treat me badly, and I treat you badly (of course there are always exceptions, but this is the basic premise).

 


Understanding and consciously using this helps you in two ways in negotiations.

1) Be the stronger energy to get your negotiation on the right track.

A negotiator who radiates a strong collaborative energy and models traits of win-win negotiators (e.g. active listening, interest-based questions, information exchange) has a good chance of inspiring the same behaviour in the negotiation counterpart.

2) Safeguard your tough negotiations from hitting the wall.

People often ask me, “What do I do if the other side is stonewalling or is not negotiating collaboratively?

Same thing here! You can never change the other person! Your biggest factor of influence is YOU:

  • You can stay calm and not respond in kind when they treat you disrespectfully, aggressively, or dismissively-
  • You can model the way to get the negotiation back on a productive track by listening attentively, asking questions about their priorities, sharing yours, and looking for better ways to come to an agreement.

It may take time (like with my Debbie Downer), but it’s your best (and often only) chance to influence them (and not allow the negotiation to spiral into negative behaviour on both sides). It always takes two to tango, and the main problem is not, that they start out competitive, but how you respond to it (which, based on your mirror neurons, is typically in kind).

At the same time, this kind of self-control can be the hardest thing in the world in the face of an adverse counterpart. Your mirror neurons also make you want to respond in kind, and why should you be appreciative and collaborative with someone who is not?

Because it can save your negotiation!

Remember: The power is yours.

You can sway any mood by just being the strongest energy in the room.

It may just take time.

To your negotiation success!

Yours,

To your success!

Dr. Claudia

Your Negotiation Whisperer

 

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.
Each week, you will get a bite-size email unpacking some of the most fundamental negotiation concepts that you can apply in your everyday negotiations, along with an insight video and book recommendation to go further in areas you want to learn more about.

How positional communication almost ruined my Christmas holiday

Negotiation Nuggets: Realizing that you are always in a negotiation; How to look beyond positions; How to train yourself to find interests.

“I’m sorry, the check-in is now closed.”

Over a decade ago, I called New York City home. I had a flight from NY to Uruguay booked to spend the Christmas holidays with my friend and her family.

The worst of all things happens. On December 22nd, the morning of my flight, my phone mysteriously died during the night, and my 4 AM alarm did not ring.

I wake up at 6:45. Fifteen minutes before boarding! Without wasting a second, I call a cab, grab my suitcase, and rush off to the airport. I arrive 40 minutes later, where luckily boarding has only begun 20 minutes ago.

I sprint to the check-in counter with my huge suitcase. Closed.

An airline employee is close by so I rush over and say, “I’m terribly sorry; I’m running late. I have to catch that flight!” She responds, “I’m sorry, but the check-in is closed.” So, I plead, “Isn’t there anything we can do?” “I’m afraid I can’t assist with check-in anymore; the system is closed,” she replies.

My expression freezes. I mutter a simple “Thank you” and walk away. For a moment, I stand in the terminal filled with people heading to their Christmas destinations, contemplating how all other flights are likely fully booked or exorbitantly priced on December 22nd. I can already see myself spending Christmas alone in cold and snowy New York.

Then, my inner negotiator springs into action.

I sprint back to the counter and say, “Look, the plane is still here. I can make it to the gate in time. What can we do? I need to be on that flight. I don’t care if you can’t check in my suitcase, we can put it on the next plane or in the mail or whatever, I don’t care. I just need to be on that flight!

Have you checked in online?” she asks.

Yes, I have.

But you have a suitcase, right?

Yes, I do. But I don’t care! Send it on the next flight, send it by mail, whatever. I need to be on that flight.”

She starts talking into her walkie-talkie. Five minutes later, she and I are running through security with my bulky suitcase. Just before the plane’s doors close, we arrive at the gate where they take my suitcase and simply check it in there.

This was before I started Negotiation Academy. But these two key negotiationlessons will always stay with me.

  1. Positional communication can ruin your chances of getting what you want. Her position was, “The check-in is closed”. That seemed perfectly reasonable to me. No one was there. I was late. And boarding had started. So my brain said, “Okay, that means I can no longer check in, I am screwed.” What I didn’t realise was that she thought I needed to check myself in when really it was just my suitcase (and turns out even that can be done at the gate).
  2. Life is a negotiation. This lady had full power to run through security with me to get me on that plane with my suitcase. I was in a negotiation. But I didn’t notice that at first. To get her to go out of her way, ask security for special permission, and drop everything and run with me, I needed to do some persuasion. “Okay, thank you” after the first “check-in is closed” wasn’t gonna do that.

Become an Investigator of Interests

Our default style of thinking and communication is positional. Our brain needs to be efficient, so there is no conscious thought process that gets us from our interests to our positions. And neither does your counterpart. The positions just pop right up and we share them.

What this example shows is that the positional speaking and thinking that we are used to do often gets us nowhere when we try to negotiate.

To boost our chances of getting what we want we have to learn to actively go beyond positions. In this case, it would have meant to ask her (even if it sounds silly at first) “WHY is it a problem that the check-in is closed?” – “Because we cannot check you in any more “ “Oh, I am checked in, online“, “and because we cannot check the suitcase in” Oh, so it’s about the suitcase?” “can we put it on the next flight, use UPS or (as it turned out) do that at the gate?”.

Realizing what was behind her position made the difference between staying snowed in and spending Christmas alone OR flying off to Uruguay for sun and holidays that winter. Or it probably saved me some $$$ for new tickets.

Whenever you feel like you are getting nowhere in your negotiation, ask yourself: Am I really talking about interests? And do I really know theirs?

Don’t get held back by your and their positional thinking and communication. Go beyond!

Happy negotiating!

To your success!

Dr. Claudia

Your Negotiation Whisperer

 

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.
Each week, you will get a bite-size email unpacking some of the most fundamental negotiation concepts that you can apply in your everyday negotiations, along with an insight video and book recommendation to go further in areas you want to learn more about.

“Cognitive Dissonance” – The key to getting your way with people in negotiations

What you will learn today: how being appreciative of the person on the other side helps you get what you want; how to create “cognitive dissonance”; how to balance being soft on the person and hard on the problem

The 2nd pillar of the Harvard win-win principles talks about “being soft on the people, yet hard on the problem“.

Very logical, no?

I’ll admit, I had no idea how to practically go about that when I first heard it many years ago 😀

Okay yes, makes sense in theory, but what does this mean? How do you do that? What does it feel and sound like?

To this day, more than 10 years later, I have still only met a handful of people who truly excel at this. But those who do seem to get everything they want. It is that powerful!

“Soft on the person, hard on the problem”

The very first time I saw this skill in action was when I stood behind my friend’s wife who made a phone call to Macy’s (a US department store) to complain about a late and wrong delivery of a trench coat she needed urgently for a friend’s birthday. She was now asking that Macy’s send her the right item overnight express at their expense.

Imagine you stand behind her as she is making her call. This is what it sounded like (try to fake an American accent and read this out loud if you can for dramatic effect, then tell me what you noticed)

Yes, hello, hi Dorothy, how are you .. Fine thank you.. Listen, Dorothy, I need to file a complaint about my last delivery again, ..  yes, the coat was delivered in the wrong size ANOTHER time – I am VERY frustrated right now … mhm.. mhm , I understand Dorothy, and I am so sorry you are getting the end of this but this is unacceptable and I need to have that replaced ASAP and no time to walk to the post office! Again, I am so sorry Dorothy this is coming to you.. .. how can that even happen, it’s been delivered wrong ANOTHER time after I had already complained last week?!  … Again, Dorothy I know you have nothing to do with this and I am sorry you are getting the end of it but I am really frustrated with the service your company has provided there … yes, okay, thanks so much Dorothy for helping me resolve this … No I definitely need to have this sent over-night express now to have it in time for my friends birthday. And I certainly would appreciate a good discount for the hassle I had to go through twice now. .. Okay, okay that sounds good, .. Alright, thanks so much Dorothy for helping out and being so nice. You’re the best, thanks a lot, really, take care… . You too, you too, bye.

Did you hear what she did? “Thank you so much, Dorothy, I am so sorry you are getting the end of this”. “No, I definitely need to have this sent overnight express” “This is unacceptable service” “Dorothy you’re the best, take care

She is extra friendly and appreciative to the person, saying thank you and sorry, using her name, changing her tone of voice when she talks to her, but at the same time asking in a determined way for what she needs and expressing her frustration. She is soft and supportive of the person, and hard on the problem – at the same time.

This is a brilliant strategy that you should use in any negotiation:

1) They are not expecting you to be nice and demanding at the same time and that throws them off balance a little – leaving you at an advantage.

2) This duality creates cognitive dissonance for them because their mind wants to classify you as “friend or foe” so it knows how to react. But it can’t because every time you say something nice you follow up with a serious demand, again followed by something nice. So that catches people off guard.

3) AND it triggers their need for reciprocity. Humans are primed to reciprocate the behaviour they are faced with. We are kind to people who are kind to us, and unkind to people who are unkind to us. If you are supportive and kind to them while also being hard and demanding on the substance they are torn about what to do. And often they feel like they must give back on the kindness that you give them.

Try it out, it is not only a more comfortable but also a more successful way to negotiate!

To your success!

Dr. Claudia

Your Negotiation Whisperer

 

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.
Each week, you will get a bite-size email unpacking some of the most fundamental negotiation concepts that you can apply in your everyday negotiations, along with an insight video and book recommendation to go further in areas you want to learn more about.

Key Characteristics and Pitfalls of Position-Based Negotiation

Negotiation is a skill that permeates our personal and professional lives, but it takes on various forms and approaches.

There are times when outcomes are clearly win-lose or just purely bargaining. In situations like these, position-based negotiation, also known as positional bargaining, is one approach to negotiation that centers on asserting and defending positions to reach favorable agreements.

But what are the key characteristics of position-based negotiation and what are some pitfalls we should be aware of?

What is Position-Based Negotiation aka Positional Bargaining?

Position-based negotiation is a method of bargaining where parties define their initial positions, often extreme, and make concessions to reach an agreement. This approach is characterised by 

  • focusing on positions
  • concession-making
  • limited information sharing
  • commonly employed in high-stakes negotiations

Also, read our blog post on “how to negotiate” for a better understanding!

A Deeper Look at Position-Based Negotiation’s Characteristics:

Focus on Positions

In position-based negotiation, the emphasis is placed on the positions taken by each party as opposed to the parties’ interests.

Without focusing too much on uncovering interests, negotiators declare their starting points and then work towards an agreement through compromise. For instance, in a salary negotiation, an employer may start with a low initial salary offer, and the employee may start with a high one. Both parties then adjust their positions through this process.

Examples of How Positions Can Be Used

  • In a real estate deal, the buyer might initially offer a significantly lower price than the asking price, while the seller aims for a higher price. They then meet somewhere in the middle. Anchoring and managing the zone of possible agreement (ZOPA) are used here.
  • During a labour union agreement, workers may demand substantial wage increases while the company aims to control costs. The final agreement will involve both sides making concessions.

Read more about negotiation fundamentals here!

Importance of Concessions

Despite the likelihood of using hardball tactics, concessions are still a pivotal component of positional bargaining.

You can force your counterparty to reciprocate by providing the initial concession, gradually moving closer to a mutually acceptable agreement. Making concessions can be a crucial element in building trust and rapport among parties.

Examples of How Concessions Can Be Used

  • In a business acquisition, the buyer might offer to take on certain liabilities of the seller while the seller agrees to a lower purchase price.
  • In international diplomacy, nations may exchange concessions on trade tariffs and security agreements to foster cooperation.

Read our blog post on client communication for a better understanding!

Limited Information Sharing

One of the key characteristics of Position-based negotiation is the limited information sharing. Parties may strategically withhold information or provide partial details to gain an advantage. This approach can create a sense of uncertainty that can be leveraged during agreements.

Examples of How Limited Information Sharing Can Be Used

  • In a vendor-client debate, the vendor may not disclose their production costs, giving them room to adjust prices in response to the client’s initial offer.
  • In a legal settlement, one party may withhold crucial evidence until a late stage, leading the other party to agree to more favourable terms in exchange for its disclosure.

Check out our blog post on the keynote speaker here!

High-Stakes Negotiations

This approach is often deployed in high-stakes scenarios, where the outcome can have far-reaching consequences. It allows parties to be competitive and assertive while striving for advantageous agreements.

Examples of How This Approach Can Be Effective

  • Union and Management Labor Disputes: In labor negotiations, positional bargaining is often seen when unions demand specific wage increases or benefits, and management counters with cost-cutting measures. For example, in 2019, General Motors (GM) faced a strike by the United Auto Workers (UAW) union1. UAW’s position was based on securing better wages, healthcare, and job security, while GM’s position focused on reducing costs and improving operational efficiency. Both sides initially held firm to their positions, resulting in prolonged negotiations.
  • Price Negotiations Between Buyers and Suppliers: A common business example involves price negotiations between buyers and suppliers. A buyer may offer a fixed price for a product, while the supplier may demand a higher price due to rising production costs. Each side often starts with rigid positions before compromising. In industries like construction or manufacturing, this positional bargaining can lead to significant delays.
  • Mergers and Acquisitions: In mergers and acquisitions (M&A), companies sometimes engage in positional bargaining over the sale price. For example, when Disney acquired 21st Century Fox, both sides engaged in positional bargaining over the valuation of Fox’s assets. Disney initially offered $52.4 billion, but after a competitive bid from Comcast, Fox’s position was strengthened, forcing Disney to increase its offer to $71.3 billion.

Pitfalls of Positional Bargaining

However, there are also pitfalls to avoid when engaging in positional bargaining. Positional bargaining is very closely associated with win-lose mindsets, which could end up taking negotiations off course. Here are three pitfalls to bear in mind if you are engaging in position-based negotiation:

  • Producing unwise agreements due to not backing down

“Tough guy” negotiators who bargain over positions are typically reluctant to back down. They become so interested in saving face that they lose sight over actually valuable options on the table.

  • Overemphasis on positions could drag out the process

In negotiations, the outcome tends to fall in the middle of the zone of possible agreement. Focusing too much on positions could lead to minuscule concessions on both sides, dragging out the negotiation to an ultimately similar outcome that could have been reached faster without positional bargaining.

  • Positional bargaining can harm relationships – Using positional bargaining on the wrong party

Positional bargaining could lead to your counterparty refusing to deal with you in the future if other options exist. The ideal scenario to use position-based negotiation in is with parties you do not want to build long-term relationships with.

Final Thoughts

In conclusion, position-based negotiation is a method that places a strong emphasis on positions, concessions, and limited information sharing and is frequently used in high-stakes negotiations. When used at the right time and place, negotiators can leverage key characteristics to boost their skills and maximize success. 

At Necademy, we know that this approach might not fit every scenario perfectly. Still, it remains an effective and essential asset in the negotiation toolbox, helping achieve favourable outcomes even under challenging conditions.

Our courses also cover the difference between collaborative negotiation and positional bargaining.

Joining one of our courses will put you on par with over 10,000 leading lawyers from Fortune 500 companies to Tier 1 law firms globally, boosting your negotiation skills to new heights.

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If you enjoyed this content, join our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking  HERE.

Each week, you will get a bite-size email unpacking some of the most fundamental negotiation concepts that you can apply in your everyday negotiations, along with an insight video and book recommendation to go further in areas you want to learn more about.

References:

  1. 2019 General Motors strike – Wikipedia
  2. Positional Bargaining Pitfalls – PON – Program on Negotiation at Harvard Law School

What is Negotiation? Negotiation’s Process and Definition

The Definition of Negotiation

Persuasion. Arguing. Bargaining. Debating.

All of these involve negotiation in one way or another. Negotiation is vital to human communication in every aspect. We use it in business, diplomacy, law, and daily life.

Negotiation is about two or more parties discussing to arrive at an outcome that is agreeable and beneficial to both parties. It’s more than just bargaining because it combines:

  • Communication
  • Psychology 
  • Strategy

To negotiate well, you need to balance advocating your interests with the needs and motivations of the other side.

But what are some of the fundamental principles of negotiation and the stages involved in the negotiation process?
Read on to find out!

Fundamental Principles of Successful Negotiation

Before we discuss the negotiation steps, we need to get into the right mindset. Proper preparation and knowing what tools are available are key to achieving the outcomes you and your client need.

  • Preparation is Power: The more prepared you are, the more confident you will be and the more ready you will be to respond to any situation. Investigate, clarify your targets, and predict the other side’s demands. To learn more, you can download our free negotiation preparation checklist.
  • Effective Communication: Clear, respectful, and active communication is the backbone of successful agreements. Listening as much as speaking is vital.  
  • Flexibility and Adaptability: Being adaptable and flexible allows negotiators to adjust their strategies based on the unfolding situation, increasing the likelihood of a favorable outcome.
  • Emotional Intelligence: Understanding your and the other party’s emotions can provide valuable insights. It enables empathetic responses and helps in managing emotional situations effectively. Building rapport and remembering to be soft on the people and hard on the problem can go a long way.
  • Focus on Interests, Not Positions: Instead of rigidly sticking to positions, focus on underlying interests. Interests often have more room for compromise than fixed positions, leading to creative solutions. You can learn more about this in our interest vs. position post.

If you want to find out more about these principles. check out these negotiation fundamentals.

The Negotiation Process: Unraveling the Stages

The negotiation process is a carefully planned procedure with various steps essential for a successful contract. To understand the process comprehensively, let’s break down and analyze these stages. 

1. Preparation: The Foundation of Success

  • Thorough preparation is essential before entering the negotiation process.
  • You should define goals and priorities and potential bargaining grounds.
  • Conduct detailed research about the opposite party, industry standards, and sector regulations.
  • Gathering any other relevant information that can form a suitable foundation for efficient agreements.
  • This will enable the negotiator to negotiate for a win-win outcome effectively.

2. Introduction: Establishing rapport and setting the tone

  • The second stage aims to achieve mutual understanding and develop a common ground.
  • The primary purpose is to create favorable preconditions to the agreement and lay a foundation of trust and respect.
  • Define each party’s role, outline the negotiation’s purpose, and establish a free communication line.
  • This stage sets the basis for a fruitful agreement by creating a solid foundation for both parties.

3. Information Exchange: Understanding Each Other

  • During the third stage, both sides offer essential information, exchange mutual suspicions, and carefully listen to each other.
  • Active listening is essential in the comprehension of the other party’s viewpoint.
  • Active listening allows negotiators to pinpoint the common ground and explore the areas potentially leading to agreement.
  • Negotiations may result in agreement by listening to each other actively.
  • Parties can create a good base for a fair negotiation.

4. Bargaining: Finding Middle Ground

  • The bargaining stage is where most of the talk in a negotiation happens.
  • Both parties present their project proposals and counter-proposals.
  • Conditions of the deal are discussed and negotiated between the parties.
  • A skilled negotiator can utilize techniques such as exploring interests, compromising, and creating value to achieve mutually beneficial solutions for all parties involved.

5. Agreement: Finalizing the Deal

  • The deal needs to be made legally binding by all parties involved.
  • Suitable record-keeping should be maintained, which includes terms of trade, conditions of the contract, and the roles of the stakeholders.
  • The language should be simple and brief to avoid any interpretation difficulties that might arise later.

Check out our blog post on “Introduction to Legal Negotiation” for better understanding!

6. Implementation and Follow-up: Ensuring Commitment

  • Reaching an agreement is not the end of the negotiation process. 
  • Both parties are obligated to fulfill their part of the promise. 
  • Implementation of the agreed-upon terms is necessary. 
  • Regular follow-up is required to ensure everything is going smoothly. 
  • These steps ensure the sustainability of the agreement. 
  • Maintaining positive and productive relationships between negotiating parties is crucial.

You can also learn more about this process in our post on how to negotiate

Mastering the Art of Negotiation with Necademy

Negotiation is a multifaceted, dynamic process that requires analytical thinking, emotional intelligence, and strong communication skills. A person who is aware of the idea and adheres to the organized stages can negotiate as if it were a dance. Only such a person can dissect the problem, identify the parties’ interests, and communicate successfully to reach a win-win resolution. 

When negotiating, one must take time to plan, listen attentively, and adapt to ever-changing situations. Negotiation Academy offers complete training courses and resources to improve your negotiation skills. Discover our programs by visiting our website if you want to know more about negotiation!

Want to learn more about using interests strategically or about negotiation? Join our live sessions or online courses at Negotiation Academy. Start improving your negotiation skills today!

Also, if you enjoyed this content, sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

At Negotiation Academy, we’re on a mission to make negotiation skills second nature to everyone because we believe that negotiation is one of the most influential skills for your career, life, and business.