Professional Documents
Culture Documents
Negotiation
Negotiation
UNDERSTANDING
NEGOTIATIONS
– KEY CONCEPTS
Bucharest, February - March 2022
FINAL GRADE
• 80 % exam
• 20 %
• participating at class activities
• individual activities & presentations
• group presentations
WHAT IS NEGOTIATION?
Zartman, 2008
• the process of harmonizing (combining) different points of view to achieve a
common understanding. More precisely than the term of diplomacy, and broader
than bargaining
WHAT IS NEGOTIATION?
MIT
• the art and science of finding an agreement between two or more
independent actors trying to maximize their results
CONDITIONS FOR HAVING NEGOTIATION
• Existence of a conflict of interest / differences between parties;
• personality traits;
• Business communication
• Promotional communication vs.
• Contractual communication
ARISTOTLE’S MODEL
OF COMMUNICATION
SPEAKER LISTENER
MESSAGE
• Anticipate reactions
• What concerns of your listeners can you anticipate? How will you respond to them?
KEY ACTION 2: SEND THE MESSAGE
When I talk, I try to ...
• Establish a connection with listeners
1. Maintain proper eye contact
2. Avoid jargon that listeners may not understand
3. Smile when necessary
• Be convincing
7. Stand or sit down depending on the situation
8. Speak loud and clear
9. Modulate the tone of voice and volume to emphasize key points
10. Emphasize the important points of the speech with the right expressions and gestures
KEY ACTION 3: EXPLORE REACTIONS
• Find out what listeners think, what questions they have, and what their concerns are
• Ask for feedback (e. g. “What do you think of this idea?”)
• Resist the urge to ignore, reject, or contradict the listeners' views
• Pay attention to non-verbal cues that indicate concern, disagreement, or insecurity (e. g. “I detect a certain
level of confusion regarding the last point. Let's clarify”)
• Ask questions to clarify concerns (e. g. “Which areas remain unexplained?”)
• Show that you understand and respond to what your listeners are saying
• Show interest for the audience's questions, concerns and views (e. g. “I appreciate your willingness to share
your views”)
• Clarify audience concerns and ask for consent (e. g. “So you think the proposal could have a negative impact
on quality. Right?”)
• Change what you plan to say and provide information and alternatives in response to questions and concerns
(e. g. “I think you have concerns about the process reviews. I'd like to tell you more about this”)
• Ask for suggestions on how to overcome a concern (e. g. “How can we make this idea work for you?”)
KEY ACTION 4: DECIDE CONCRETE ACTIONS
• Ask your listeners what you want.
• Briefly summarize the key points (e. g. “As I said, the new system will increase productivity. I
suggest we test it for a few weeks”)
• Say exactly what you want to happen (e. g. “Can you read the proposal to give me feedback by
the end of the week?”)
• Say what you will do (e. g. “I will prepare a list of the specifications we need”)
b. Contractual communication
• Face to face communication (Verbal, Para verbal and non-verbal)
• Communication by distance (letters, phone)
• On-line communication (virtual)
INTERPERSONAL COMMUNICATION
• Transactional analysis (TA) -> developed in ‘50 by Eric Berne as a part of
social psychology = any transaction = exchange of stokes among partners
of a relation
-> analysis of verbal and non-verbal messages (simple communication – at
one level of personality vs. complex communication – at many levels of
personality
Who are the parties involved in the negotiation? States, institutions, states and non-state
civilian actors, as well as with anti-state actors, such as individual terrorists and terrorist
organizations
What kind of agreement? Conflict, power mgmt., values, business, international institutions
etc
Books:
Diplomacy – H Kissinger & Kissinger the negotiator
Why Nations Fails – Acemoglu & Robinson
Th Piketty – Capital
Some pictures:
Goals:
• Fewer redundant cables and chargers: good for environment and consumers
• USB Type-C port as new standard for portable device
• MEPs also want harmonization for wireless charging
Mobile phones, tablets, digital cameras, headphones and headsets, handheld videogame
consoles and portable speakers, rechargeable via a wired cable, would have to be equipped with
a USB Type-C port, regardless of the manufacturer. – Manufacturers involved in the
negotiation (lobbying and so on).
Exemptions would apply only for devices that are too small to have a USB Type-C port, such as
smart watches, health trackers, and some sports equipment.
When: by 2026
Why: help the environment, further help the re-use of old electronics, save money, and reduce
unnecessary costs and inconvenience for both businesses and consumers.
Apple, Samsung etc. – How are they dealing with this issue?
How? Once EU Parliament as a whole has approved this draft negotiating position at the May
plenary session, MEPs will be ready to start talks with EU governments on the final shape of
the legislation.
France24 News Channel: “The European Commission believes a standard cable for all devices
will cut back on electronic waste, but Apple argues that a one-size fits all charger would slow
innovation and create more pollution.
The bloc is home to 450 million people, some of the world's richest consumers, and the
imposition of the USB-C as a cable standard, once approved by member states and European
Parliament, would affect the entire global smartphone market.”
Summary
Signed in 2015 by Iran and several world powers, including the United States, the
JCPOA placed significant restrictions on Iran’s nuclear program in exchange for
sanctions relief.
President Trump withdrew the United States from the deal in 2018, claiming it failed
to curtail Iran’s missile program and regional influence. Iran began ignoring
limitations on its nuclear program a year later.
Washington and Tehran have both said they would return to the original deal but they
disagree on the steps to get there.
The Iran nuclear agreement, formally known as the Joint Comprehensive Plan of
Action (JCPOA), is a landmark accord reached between Iran and several world
powers, including the United States, in July 2015. Under its terms, Iran agreed to
dismantle much of its nuclear program and open its facilities to more extensive
international inspections in exchange for billions of dollars’ worth of sanctions relief.
Proponents of the deal said that it would help prevent a revival of Iran’s nuclear
weapons program and thereby reduce the prospects for conflict between Iran and its
regional rivals, including Israel and Saudi Arabia. However, the deal has been in
jeopardy since President Donald Trump withdrew the United States from it in 2018. In
retaliation for the U.S. departure and for deadly attacks on prominent Iranians in
2020, including one by the United States, Iran has resumed some of its nuclear
activities.
International Negotiations – case studies
In 2021, President Joe Biden said the United States would return to the deal if Iran
came back into compliance. Renewed diplomacy initially seemed promising, but after
stop-and-go talks, it remains unclear if the parties can come to an agreement.
Sanctions relief. The EU, United Nations, and United States all committed to lifting
their nuclear-related sanctions on Iran. However, many other U.S. sanctions on Iran,
some dating back to the 1979 hostage crisis, remained in effect. They cover matters
such as Iran’s ballistic missile program, support for terrorist groups, and human rights
abuses. Though the United States committed to lifting its sanctions on oil exports, it
kept restrictions on financial transactions, which have deterred international trade
with Iran.
Weapons embargo. The parties agreed to lift an existing UN ban on Iran’s transfer
of conventional weapons and ballistic missiles after five years if the IAEA certifies
that Iran is only engaged in civilian nuclear activity.
Negotiations table: John Kerry, US Secretary of State (Foreign Affairs) & Iran Foreign
Affairs Ministers, Mohammad Javad Zarif
Source: https://www.cfr.org/backgrounder/what-iran-nuclear-deal
International Negotiations – case studies
In a negotiation (or, frankly, in any kind of debate), people generally don’t listen;
they await their turn to speak and make arguments. They believe that the only
way to convince their counterpart is to make their own case and to dispute
arguments raised by the other party.
But by failing to listen carefully and effectively, we lose important information, act on
wrong assumptions, and unnecessarily damage the relationship. Any negotiated
deals we reach tend to leave money on the table and jeopardize further collaboration.
Negotiators’ lack of real listening also means they are more vulnerable if their
counterparts employ difficult tactics against them. Difficult tactics may include threats,
lies, false claims about lack of authority or conflicting commitments, or a host of other
unpleasant behaviors that are intended to throw us off and curtail our bargaining
power. Faced with difficult tactics, we tend to have a constricted vision of our options:
giving in, retaliating, or walking away—none of which is conducive to a successful
deal.
Active listening involves repeating back to the other party what we have understood
their claims to be, inquiring further about the motivations or assumptions behind such
claims, and acknowledging their positions.
After doing so, we are then able to collect valuable information, test our beliefs and
assumptions, eliminate misunderstandings, and force our counterparts to account for
any difficult tactics they have employed. Active listening thus opens up a range of
options for a successful negotiation outcome.
1. Defining 7. Supporting
Business
Strategy 8. Addressing
Concerns
12. Growing the 9. Negotiations
Relationship
11. Contracting 10. Closing
Sales Call
DEFINING BUSINESS STRATEGY
Products / Services :
STRATEGY What we offer? What is
the value we offer?
Markets / Clients:
To whom we offer our
products and services?
Competitive advantage:
Products / Markets / Why clients buy services
Services from us rather than
Competitive Clients
from others?
Advantage
PHASE 1: CLARIFYING THE “VALUE” WE OFFER TO OUR CUSTOMERS?
Setting GOALS Identifying Evaluation of Choosing the Signing the IMPLEMENTING
and PRIORITIES OPTIONS OPTIONS BEST CONTRACT & MONITORING
ALTERNATIVE
Focus on PRODUCT/SERVICE
1. Where do you
stand TODAY?
4. What is feasible?
CONCLUSIONS: TRANSACTIONAL VS. CONSULTATIVE (1)
TRANSACTIONAL SELLING
• Short interactions in which the customer requests a certain service and the sales
representative provides it.
• The sale focuses on the personal interaction, price and / or characteristics of the offered
service.
CONSULTATIVE SELLING
• A close and proactive relationship in which the sales representative tries to better understand
the client's needs and circumstances.
• The sales representative generates a higher perceived value together with the service he
offers.
The Great Divide that separates the two types of approaches represents the challenges of the
current sales process, including crisis, globalization and the growing demands of customers.
Sales representatives can constantly overcome these challenges by developing sales skills that
support consultative selling.
CONCLUSIONS: TRANSACTIONAL VS. CONSULTATIVE (2)
• The level you are in any of the 2 “mountains” from the Great Divide model is the way that clients
are perceiving you.
• Transactional selling makes you more vulnerable to many challenges, including crisis, aggressive
competition, globalization and price obsession.
CONCLUSIONS: TRANSACTIONAL VS. CONSULTATIVE (3)
• It is important to be able to make consultative sales - even if it is not advisable to make an effort
to become a Trusted Advisor with all customers.
• The Need Satisfaction Selling process is the starting point for all levels of consultative sales. The
further you go on the peak of the “consultative mountain” of the Great Divide model, the better
you master the Need Satisfaction Selling process.
CONCLUSIONS: THE BEST APPROACH?
What the customers want?
Transactional
Sale
SALES
What What
sales reps. Sale Relation sales reps.
want? want?
Consultative
Relation
SALES
• Need Behind the Need: The more important objective underlying the
need
THANK YOU!
6. BUSINESS NEGOTIATIONS (2):
PROSPECTING
Purpose
PURPOSE
• provide you with a structured approach and a set of core skills to
enable you to prospect more productively
WHEN?
• after deciding the business strategy, the next step,
• before SALES & NEGOTIATIONS
• Establish a goal.
• Adhere to a schedule.
1.4 PLAN • Prioritize your prospects.
Request
Action
Explore
• Engage Engage
• Explore
• Request action
SKILL 1: ENGAGE THE PROSPECT.
Request
1. Greet the prospect and introduce Action
yourself.
2. Make a purpose/benefit statement Explore
(linked to business issues).
3. Gain agreement to continue.
Engage
SKILL 2: EXPLORE BUSINESS ISSUES.
1. Use open probes to gather Request
information. Action
Acknowledge:
• You can acknowledge the prospect’s:
• Logic or point of view:
-“Of course. The ability to control costs plays a critical role in maintaining a competitive advantage.”
• Feelings about the situation:
- “It’s terribly frustrating to be treated that way.”
SKILL 3: REQUEST ACTION.
Request
Action
1. Summarize the reasons for
moving ahead.
2. Specify the next steps. Explore
1. Potential
-> Make sure you 2. Authority
qualify on criterias: 3. Resources
4. Time
ADDRESSING INDIFFERENCE:
Common Reasons for Indifference:
• Don’t have time to talk (not a priority).
• Are satisfied with current situation
(competitor, in-house solution, fear of change).
• Don’t need to make changes (don’t see issues).
• Examples of acknowledge
• “I can appreciate that you are busy.”
• “I respect your position.”
• “I can appreciate that you are satisfied with your
current situation.”
Steps:
1. Track your calls
2. Assess your skill use.
• Review your strengths
• Identify best practices
3. Plan for improvement and set new goals
4. Practice!
THANK YOU!
7. BUSINESS NEGOTIATIONS (3):
SELLING
PURPOSE THE PAYOFF
To help you understand how to World-class sales professionals
build long-term, mutually beneficial score significantly higher than
customer relationships, one sales other salespeople in key
call at a time metrics, including:
• New account acquisition
KEY PHASES / SKILLS: • Average account billing
1. OPEN • Year-on-year existing
2. DISCOVER customer growth
3. SATISFY • Quota achievement
4. CLOSE
CUSTOMER NEEDS CONCEPTS
• Need Behind the Need: The more important objective underlying the
need
Customer Inventory: examples
CIRCUMSTANCES => NEEDS => NEED BEHIND THE NEED
To maintain consistent
Many employees
To increase employee relationships with
leaving company for => =>
satisfaction customers
other opportunities
(PERFORMANCE)
To be known as a
New competitor has To implement a new supplier of the highest
=> =>
entered the market marketing campaign quality products
(IMAGE)
To reduce costs and
Production costs
=> To reduce labour costs => improve the margin /
continue to rise
profit (FINANCE)
SALES PROCESS APPROACH
COLLABORATIVE TECHNIQUES
• Listen
• Acknowledge
• Transition
• Confirm
• Check
LEVELS OF LISTENING
Examples:
Agenda
I suggest that we spend some time discussing the challenges
you are experiencing that led to the decision to upgrade.
Value Then I’ll be able to suggest possible solutions that would get
you the results you want.
Is there anything else you’d like to cover?”
Indifference
WHEN DO
CUSTOMERS
EXPRESS
INDIFFERENCE?
.........................................................................
Circumstances
Needs
COMPLETE:
All the customer’s needs
The priority of the needs
MUTUAL:
You and the customer share the same understanding.
OPEN AND CLOSED QUESTIONS
OPEN Questions: CLOSED Questions limit a response to:
Encourage customers to A “YES” or “NO”:
respond freely “Have you ever used an outside
research service?”
“What are you trying
to achieve?” A CHOICE among alternatives:
“Tell me more about “Are you interested in leasing the new
computers, or do you plan to buy?”
that.”
A single, often quantifiable, FACT:
“Why is that important?”
“How many field representatives do you
have?”
CONFIRM A NEED
TO CONFIRM A NEED:
Use a closed question that:
• Contains the language of needs
• Elicits a yes or no response
The customer has expressed a problem but has not used the
language of needs.
The customer has expressed a need, but you want to be sure you
have a mutual understanding of it.
CONFIRM a need.
Does the customer want to take action to improve the situation?
QUESTIONS TO CREATE AWARENESS
OF UNREALIZED NEEDS
3. SATISFY
.........................................................................
Features
Benefits Describe relevant features and benefits.
WHEN TO SATISFY
The customer has expressed a need.
and
You both clearly understand the need.
and
You know how your product and/or organisation can address the
need.
.........................................................................
Confirming a need:
• A question
• Ensures you understand the customer’s need
.........................................................................
SATISFY: EXAMPLE
“Having accurate information about your competitors is
critical to your ability to plan your product strategy.
o DRAWBACK: The customer has a need you are unable or unwilling to meet:
“Your manual is only available in English. I need it in three other languages as
well.”
RESOLVE CUSTOMER CONCERNS
Discover
Discover
Example:
”Our service desk is open 24 hours a day, seven days a week, so
any problems that arise at night or over weekends can be
resolved right away, minimizing downtime.”
RESOLVE A DRAWBACK
Refocus on the bigger picture.
Outweigh with previously accepted benefits.
Example:
“From what you’ve told me so far, there are other aspects of this
implementation that are also important to you. Let’s consider
everything together. Our technicians will work with yours to ensure
that the integration with your current system is seamless, resulting
in uninterrupted work for your employees. We also discussed how
24-hour support will provide your staff with access to experienced
help at all hours, so that software issues can be resolved without
delay.”
.........................................................................
CLOSE
Transition to your
close.
Commitment Propose a mutually beneficial commitment
Review accepted benefits: “As we discussed, our market analysis will enable you
to segment your market more effectively and target your advertising accordingly.
Our focus group research will clarify the most important features to your
customers and allow you to make product development decisions that will result
in improved sales and increased market share.”
Suggest it’s time to wrap up: “We’ve covered a lot. Let’s take a few minutes to
wrap up and confirm the next steps.”
Negotiations?
THANK YOU!
8. BUSINESS NEGOTIATIONS (4):
PLANNING AND CONDUCTING
NEGOTIATIONS
Purpose
PURPOSE:
To help you – once you’ve
identified the other business partner
needs and priorities - understand
how to negotiate successfully
DELIVRABLES, PRICE, TERMS and
CONDITIONS to achieve a win-win²
agreement
3. PREPARING 5. LEADING the
for business business
negotiations 4. INFLUENCING and negotiations
2. Negotiation developing
STRATEGIES the right ATTITUDE
1. What is
BUSINES in negotiations
NEGOTIATION?
• SALES NEGOTIATION – Process by which differences in price, delivrables, and terms &
conditions are resolved in order to gain customer commitment
ACCOMMODATING CONSTRUCTIVE
Integrating, Collaborating,
Obliging, Smoothing, Openly
Problem Solving, Win-Win
Subordinating
WITHDRAWING FORCING
Avoiding Competing,
Dominating
THEY US
To increase the chances of a win-win agreement, a considerable amount of
time is devoted to understanding and preparing the negotiation
When to negotiate?
▪ Leading negotiations should be a small part
of your time, as long as they are prepared,
implemented at the right time and effectively
conducted.
▪ One of the first conditions for an effective
negotiation is to negotiate at the right time.
▪ If you negotiate too early the risks are:
• to negotiate with people /
organizations that do not meet your
criteria (do not qualify);
• do not have enough information about
the people you negotiate with;
• do not have enough information about
the needs and priorities of your
internal clients.
It’s the right time for negotiations if…
1. As a prerequisite, you have already understood what your
colleagues / internal clients want and their motivation:
What? and Why?
2. You’ve scanned the market and have reached a short list
of potential business partners (buyers or suppliers)
3. You have proposed a concrete offer, or your partner
proposed you a concrete offer (e.g. deliverables, terms and
conditions, price)
4. You are clear about all the differences between your
position and the position of the other partner in negotiations
5. Gain a conditional commitment from other partner in
negotiations, so that if you find an advantageous solution to
“fill the gap” between the both parts requirements/positions,
the other is ready to conclude the negotiation and sign the
contract
6. You’ve already tried to overcome the other’s drawbacks,
highlighting what you offer in that deal is comparable with
what you can’t offer (the drawback itself)
Insight
▪ Assess the other partners in negotiations and the
business facts
▪ Negotiation Players (Who is involved?) – title /
organizational responsibilities; role in negotiations;
authority in decision taking; negotiation style; what
motivates them (e.g. issues, pressures, etc).
▪ Negotiation Parameters:
• The WHAT of needs (for Must-Have Needs and
for Would-Like-to-Have Needs)?
• The WHY of needs, as well as their priorities
• What constitutes a “WIN"?
• What is the WALKAWAY position?
▪ Plan to TEST your assumptions regarding negotiation:
• Needs?
• Flexibilities?
• Feasibility?
How to ANALIZE SITUATION
▪ Identify your motivations and objections to the implied other part counterproposal
• Identify variables
• Generate alternatives
• Evaluate alternatives according to how well they satisfy
• your negotiating partner
• you and your organization
Negotiating Alternatives
During an exchange process, two or more aspects of the initial offer are involved. For example:
- If the difference is about price, both the price and the products/services can be changed. The seller
can reduce the unit price if a larger volume of products is ordered;
- If the difference is about shipment date, the seller shall change both the shipment date and the price.
The seller can accept faster delivery on the condition the price is increased. This increase is
generated by higher shipment costs.
ADDING AN ENHANCEMENT
To add an enhancement means that the seller increases the value of the initial offer. By offering
something extra, the seller makes more steps to reach the final agreement. Ideally, it should be a low-
cost element for the seller with a high added value for the buyer.
Usually, the seller changes the initial offer once and the amendment is not related to the difference.
This method stimulates creativity and extends the negotiation area, making both parties think of several
solutions.
SPLITTING THE DIFFERENCE
When two parties share the difference in a negotiation process, they meet halfway, making an
acceptable compromise between the initial offer and the requests of the other party.
Frequently, the difference shall be equally shared between the two parties, but it is not mandatory.
CONCESSION
To make a concession means to offer the other party what it expects without asking for anything in
return. The exchange and value-adding activities are win-win solutions (each party concludes a
mututally beneficial agreement).
WALK AWAY
• Walk Away shall not be perceived as a negative action and it shall not be an impediment to do
business together in the future. Actually, the relationhip between parties shall be maintained in case
the transaction is not concluded for the moment.
Agree on alternatives
Initially, GENERATE possible alternatives.
▪ What are several TRADE-OFFS you might make for each
difference?
▪ What ENHANCEMENTS are you prepared to add for customer
needs you cannot meet?
▪ Is there a difference of low importance to you where SPLITTING
THE DIFFERENCE would expedite a resolution?
▪ If you make a CONCESSION on any of the differences you have,
what impact will that have on your negotiation goals?
Certainty Relatedness
Autonomy
Status Certainty Autonomy
• The need to be respected • It is based on tested • Wants to be on the
and to be top / first / approaches "pilot seat“
performer / winner • Prefers planning in advance • Does not accept fixed
• Watch out for opportunities • Prefers to avoid the risks fees and rules
• Appreciates recognition • Does not like the unexpected • Needs to be his/her
• Accepts challenges changes own judge and make
• Appreciates competition • Needs precise clarification of decisions
roles, steps, expectations independently
Relatedness Fairness
• It is open and responsive to • Prefers that everyone
the needs of others contributes equally and obeys
• Concerned about the impact the same rules
of change on people • Has aversion to breaking a
• Needs empathy and system's rules
reciprocity in dealing with • Disturbed by any favoritism
others
Principles of influencing
Liking
Reciprocity
Social Proof
Consistency
Authority
Scarcity
Principle of LIKING
People are easily persuaded by other people that they like.
Physically attractive people are more persuasive, being seen as
more as kind or intelligent, called “the halo” effect.
People are more likely to be persuaded by you if they like you.
So be nice in arguments (and in life, it’s short)!
Techniques:
Techniques:
Techniques:
• Identify people or groups with whom the others identify themselves and give
them as example
• Use relevant statistics « Number Strength »
Principle of CONSISTENCY
People align with their own commitments, wanting to be
consistent with themselves.
If people commit, to an idea or goal, they are more likely to
honor that commitment, even if it no longer makes sense to.
Techniques:
Techniques:
Techniques:
alternatives
WHY of your needs. to check general interest / idea the resolution (“If…
Test your
(What if..) then…”)
▪ Clarify / confirm the ▪ Propose a specific alternative
WHAT and WHY of the once the other shows interest ▪ Put it aside as a viable
other needs. option rather than
other to offer
suggestions
Invite the
▪ Seek mutually beneficial committing to it.
ideas
▪ Continue to resolve
▪ Collaborate on new additional differences
alternatives.
alternatives
Discuss the
Impact of
▪ Emphasize the benefits
▪ Stress the difficulty