- Your Body Matters. Do not negotiate if you are tired, distracted, and/or mad.
- Solve, Cope, Treat – choose the path, then negotiate.
- Only make the first offer if you have lots of POWER and/or INFORMATION.
- Don’t let your position (WHAT) run over your INTERESTS (WHY).
- Don’t let pride and ego keep you from listening to new ideas.
- Periods stop conversations, questions continue them.
- Negotiation is a TRUST management process, not a task management process.
- You have a choice about how to use power – make it deliberate.
- Know the HARDBALL TACTICS.
- Know the SIX INFLUENCE FACTORS.
- Keep something in reserve – a tickler to put them over the edge.
- Select the solution from all the options that best meets everyone’s top interest.
- You make decisions and think with both rational and emotional processes.
KNOW YOUR OPPOSITE (The person you are negotiating with)
- Know what strategy they are using on you and understand you have countermeasures.
- Get them to prioritize their interests and limit them.
- They’ll tell you what they want, you need to ask them what they can live with.
- Know their BATNA – if it is bad, carefully reveal it.
- Pay attention to the FRAME. You can’t change their mind, but you can change their “frame of mind”.
- When you make a “fair” offer – it has to meet their standard of “fairness,” not yours.
- When they reject an idea, ask why it doesn’t meet their interest (and point to the prioritized interests).
- Use an Interest Map if there are multiple parties.
- Multiple parties equals lots of temporary alliances.
BATNAs are elegantly simple in concept, but notoriously difficult to execute. A BATNA is the option a negotiating party might execute should the negotiations fail. A BATNA is not the negotiation’s “bottom line” – a BATNA is something you may wish to do if an acceptable “bottom line” cannot be achieved during the negotiations.
Drawn exclusively from Common-Sense Practices for Building Trust and Preventing Escalation of Workplace Tensions by John Settle, an attorney and expert mediator who provides ideas on building trust, a key factor in negotiation.
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PART ONE: Changing the Approach (Chapters 1-3)
This section explains some potential differences in the negotiation styles of counterparts from other cultures. After discussing some of the most common negotiation styles found throughout the world, ways in which U.S. negotiators can determine which styles are being employed by negotiating counterparts are discussed as well as tools for dealing with those styles.
Chapter 1. Tuning the Harmony Between Negotiation and Culture, Sara A. Stahley
Culture is a complex spectrum consisting of ideas, thoughts, and feelings on one end and behaviors, values, and beliefs on the other. Global negotiations bring culture to the forefront because of the impact culture has on negotiation. U.S. negotiators must prepare for different negotiation approaches and how to respond to these differences to increase their chances for success. This chapter provides tips on understanding and appreciating culture, emphasizes the importance of self-reflection, and finally explores goal assessment in a negotiation and how culture, individualism, and global assessment combine to impact the negotiation.
Chapter 2. Varied Negotiation Approaches, Carrie Luria Cooper
Discusses various U.S. and foreign negotiation styles. It also contains a negotiator’s toolbox of behaviors that help identify the Opposite’s negotiation style. This toolbox can help a negotiator know what to expect and plan how their response.
Chapter 3. Tit for Tat in the Global Perspective, Xi Scott Wang
Provides techniques to support the situations described above. Going beyond a list of techniques, this chapter also provides a basis for understanding for why certain cultures act in ways unfamiliar to a typical U.S. negotiator. Finally, the pros and cons of reciprocal conduct in negotiations are presented.
PART TWO: General Tools (Chapters 4-9)
Discusses how to integrate interest-based negotiation techniques, even while reciprocating the bargaining styles of the Opposite. It then emphasizes the importance of trust and helps U.S. negotiators with tools on how and when to use trust-building in a negotiation. This section also addresses issues such as stereotyping and holding assumptions. Specifically, U.S. negotiators are alerted to the stereotypes people have worldwide about the United States. It is up the American to have situational awareness. This section discusses the difference between power and authority. Finally, ethics are discussed in the context of cross-cultural negotiations.
Chapter 4. Effectively Using Interested-Based Negotiation in the Cross-Cultural Context, Steven Robert Roach
Explores what happens when an interest-based approach does not uncover obvious common interests. It discusses the possibility that the Opposite may not understand interests, or may not be negotiating based on interests. It addresses the problem of assumptions and how a negotiator should challenge their basic ideals and those of their Opposite. A framework is introduced to help the negotiator incorporate interests, regardless of the negotiating strategy selected. Even if a negotiator cannot use all of the elements of interest-based negotiation, there are techniques to leverage the concepts regardless of the negotiation situation, even if the situation demands distributional bargaining. Finally, the possibility of non-agreement is addressed.
Chapter 5. In Each Other We Trust: The Importance of Relationship Building in Cross-Cultural Negotiations, Michael T. Lennane & Laura E. Weidner
Trust is often considered the key element within a negotiation. Trust can increase the likelihood of open communication and information sharing, decrease the use of coercive tactics, and helps advance the parties’ interests so that a mutually beneficial resolution may be reached. This chapter provides a qualitatively-based toolbox leveraging longevity and intimacy to help negotiators to initially establish trust with his or her Opposite, as well as rebuild trust in situations where it broke down.
Chapter 6. The View from Abroad: How the International Community Perceives Americans, Ronald R. Petroff & Leslie E. Siegel
Provides U.S. negotiators with insight into the world of stereotyping and misperceptions, focusing primarily on where stereotypes originate, how they originate, and the potential damage that they may cause in the cross-cultural negotiation setting. This chapter familiarizes U.S. negotiators with common misperceptions that the international community has, including general misperceptions of Americans, as well as more particularized stereotypes of specific U.S. groups, such as stereotypes based upon gender, race, and socioeconomic status. The chapter concludes with a toolbox for U.S. negotiators to help them identify and correct erroneous impressions that their counterparts may have of the U.S. and its people.
Chapter 7. Managing Assumptions About the Negotiation Process, Vinay Reddy
Introduces a framework to manage assumptions about the process in a cross-cultural setting. The first part, the self-assessment element, evaluates specific United States based assumptions, such as neutrality, legal enforcement, and time, and offers comparative questions to uncover an Opposite’s different assumptions. The second part, the informed negotiating element, applies comparative questioning to actual cross-cultural negotiations. Together, self-assessment and informed negotiating can prepare U.S. negotiators with the capacity to manage the strengths and limits of cultural assumptions that arise during cross-cultural negotiations.
Chapter 8. Power and Authority, Tamara D. Johnson
Focuses on the dynamic of power and its effects on perceptions and actual outcomes of cross-cultural negotiation. The chapter describes various power structures and the relationship between the Opposite and the principal authority. It offers insights into the ways that perceptions of power can influence the actions, reactions, and willingness of parties to negotiate.
Chapter 9. Ethics in Cross-Cultural Negotiations, Carly A. Hammond & Sarah C. McCarty
Situations that test a negotiator’s ethics, such as corruption, bribery, human rights violations, and puffing, may frequently arise in cross-cultural settings. These situations arise because cultures have different ethical standards. Legal and religious customs are the predominant customs affecting an individual’s ethics. A prepared negotiator lessens the chances of engaging in an unethical situation.
PART THREE: Specific Tools for Cross-Cultural Negotiators (Chapters 10-15)
This section provides ideas in agenda-setting in a cross-cultural setting and provides a toolbox for managing the process. Also, indirect and non-verbal communication are discussed and tools provided. Additionally, this section introduces issues relating to third parties that may be called into a cross-cultural negotiation, such as an interpreter or a mediator. Finally, this section explores issues arising during or after a negotiation, such as when there is a change in the negotiators or when a negotiated agreement has been breached.
Chapter 10. Collision Course: Avoiding Clashes on Agenda in Cross-Cultural Negotiations, Elizabeth M. Worthing
The agenda is the first step in most negotiations. The process does become more complicated in cross-cultural negotiations, but it is also an opportunity to establish a rapport. Through learning about different negotiating approaches, U.S. negotiators can avoid cross-cultural clashes about the agenda. A well prepared United States based agenda can be adapted, but using the Opposite’s agenda style as a starting point could establish a solid foundation for the follow-on negotiations.
Chapter 11. Channels of Information Exchange: Indirect and Non-Verbal Communication, Elizabeth Stanfield
Communicating information accurately and thoroughly is essential in a negotiation. The accuracy of information exchanged between negotiators of different cultures can be improved by focusing on the mode of communication, the non-verbal cues of the parties, as well as the questions and issues. This chapter contains guidelines to choose which type of communication suits which culture. It also includes information about media awareness.
Chapter 12. Using an Interpreter During Negotiations: Ensuring that Everyone has the Chance to Hear and Be Heard, Cherish L. Cronmiller
The interpreter is a vital component of inter-cultural negotiations. Ensuring the interpreter is competent and prepared increases the chances for success. Interpreters may offer some key cultural insights that might otherwise be missed. This article outlines the types of interpretation, how to choose an interpreter, and best practices to consider.
Chapter 13. Cross-Cultural Negotiation in a Multi-Party Setting, Jennifer Hetzel Hallman
Most scholarly research on cross-cultural multiparty negotiations focuses on conflicts among nation-states where negotiations arise because of a breach of an agreement, etc. such as the General Agreement on Tariffs and Trade (GATT) or the North American Free Trade Agreement (NAFTA). These high-level negotiations often have already established ground rules on issues such as language spoken, moderator (if any), and the basis for agreement (i.e. majority or consensus). Because similar ground rules do not exist at other levels of inter-cultural negotiations, the pre-negotiation process is both more complicated and more critical than expected. This chapter discusses some of the issues affecting actors in multiparty cross-cultural negotiation, including: how to “find neutral” and the cross-cultural nuances of multiparty negotiation strategies.
Chapter 14. Mediation, Andrea Cozza-Lawless
This chapter demonstrates the use of mediation in furthering cross-cultural negotiations in times of impasse or even as a step prior to negotiation. In addition to improving communication and understanding between the parties, mediation may counterbalance cross-cultural differences of power, timing, and other difficulties through the use of a mediator. In determining whether to use a mediator or how best to utilize the process, there are many factors to consider. This chapter addresses those factors and provides a guide for a negotiator about to embark on a cross-cultural mediation.
Chapter 15. Post-Agreement Issues, Matthew Monda
Deals with some issues arising after the initial agreement is reached. It suggests what a U.S. negotiator can do if he/she is being replaced, replacing someone, or dealing with a new counterpart. The second section discusses agreement breach and ways to remedy the breach without sacrificing the relationship. Both sections offer proactive as well as reactive opportunities.