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THE I
NEGOTIATION
 What is 0 Negj©ci@©ón'Z
Negotiation is an art. This activity requires preparation, discipline, technique and even
imagination. The more a negotiator prepares, the more skills and abilities he will
acquire and, therefore; The result of your negotiations will not only be effective, but;
extraordinary.

Objects of the negotiation:

V As a daily act: satisfy a need.
V As a means of solution: Resolve an interpersonal conflict.

In the latter case, negotiation is the process of direct or indirect communication between the parties in conflict,
who seek to reach an agreement in a non-confrontational way, with the objectives of maximizing their interests
and needs regarding positions, without the intervention of a third party.

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 Model©s le Negjoci@©ión
1st COLLABORATIVE NEGOTIATION:
Type of negotiation is a dynamic process in which the parties identify common and different
interests, and then develop joint work that leads them to a solution.

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2nd DISTRIBUTIVE NEGOTIATION:
Or zero-sum, it is haggling negotiation. The dynamics of this negotiation are
based on the approach of a series of positions established by the parties. The
agreement is generally based on the midpoint reached through mutual
concessions between two initial positions, offer and counteroffer.
The success of this negotiation will depend on the margin left by the parties to
negotiate when they have stated their initial positions. It is important.
OFFER AGAINS
INITIAL T
OFFER

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3°RATIONAL NEGOTIATION:
It can be defined as making the best decisions to maximize the service of one's own
interests.
The following rules must be kept in mind to achieve this:

❖ Take care not to fall into excessive confidence.

❖ Know what to do if you don't reach an agreement.
❖ Keep in mind pertinent information about the case.
❖ Know what the haggling zone is.
❖ Know the integrative and distributive components.
❖ Our initial strategy should not be exclusive.

In this negotiation model, we do not seek to reach an agreement at the expense of everything,
since in many cases, it is better not to close the agreement when it is not favorable.

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When one does not negotiate
rationally, the negotiation will
continue, seeking to justify the
investment of resources (time,
money, effort, etc.)
still in situations
unfavorable, with the sole purpose
of justifying previous decisions
and costs that have already been
incurred.

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4° COMPETITIVE NEGOTIATION:
Seek to beat the other party and maximize positions. It
has the following features:

□ Hard on the person.

□ Does not value future relationships.
□ Maintains its own positions.
□ Does not use objective criteria.
□ Look for the ideal and not the real.
□ Does not review alternatives.
□ Seek to maximize positions.
□ You are not
tolerant.

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Elements of Do Negjocg©ón
1st INTERDEPENDENCE:
The possibility of reaching a negotiated agreement requires a
bond of mutual dependence between the parties. When one
depends more on the other, there will be more need to solve the
problem and vice versa .

2° INTERESTS AND NEEDS:

They are the true tangible or intangible reasons or motives that
the parties want and need to satisfy.

3rd OPTIONS:
They are the solution proposals that the parties provide during
the negotiation.

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4° ALTERNATIVES:
They are those external or different ways to the negotiation to
which any of the parties could resort if the negotiation fails .

5th LEGITIMACY:
Those objective criteria, data or factors independent of the
will of the parties, which allow the options to be more
acceptable, but also allow alternatives to be evaluated.

6th RELATIONSHIP:
That intersubjective link between the parts that may or may
not be of interest to maintain it in the future.

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7th TRUST:
For the parties to negotiate, a certain degree of trust must be
generated.

8th COMMUNICATION:
Effective communication must be sought by actively listening
and confirming that the other party correctly understands what
we are saying.

9th COMMITMENTS:
The agreements reached must be respected in the future.

10th INFORMATION:
That which is obtained before and during the negotiation.

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 Pr©ces© dle l@ Nlegj©c@©ién
• ° Preparation: This stage is extremely important because it shows us the path to follow
in the negotiation and it is also a stage that requires integrating information. The success
of a negotiation largely falls on this stage.

• What are our minimum and maximum objectives, as well as our interests.
• At what point in the negotiation would it be preferable to withdraw without an agreement.
• What are our alternatives.
• What will be the objectives, interests and alternatives of the other party.
• Determine what the possible satisfactory solutions would be.
• Generate enough options to facilitate the agreement.
• Objective or legitimacy criteria to justify options.
• Be clear about how that relationship will influence the discussions.
• Know what to do if the other party adopts an adversarial orientation.

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• ° Development: Direct or indirect meeting between the parties, where the interaction
between them will take place under a process of orality and communication, whose
objective is the search for a solution to the conflict. We must keep the following in mind:

• Confirm whether the representative of the other party has sufficient powers to make
decisions.
• Know what we will say in our opening speech.
• Listen carefully and let the other party know.
• Get enough information from the other party.
• Know what we should ask the other party.
• Make sure you understand what the other party's objectives and interests are.
• Determine the order of importance in which each of them is treated.
• Determine in what sequence we will treat them.
• Ensure we have a rational business orientation
P Make sure we generate options.
- Evaluate the options in relation to the other party's respective
alternatives.
- Determine if our “best alternative to the agreement” is better or worse.

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- Apply objective criteria.
- Make sure that the other party has clearly understood the agreement
and its implications.

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 It consists of the implementation of the
agreements in order to determine that their scope and future
3rd effects reflect what is really desired by the parties, minimizing
IMPLEMENTATION:
to a minimum the risk of non-compliance with what was agreed.

❖ We must ensure that the agreement reached will be lasting.

❖ We must structure the agreement in such a way that we minimize future conflicts.
❖ Determine the need or not for renegotiation.
❖ Determine if the agreement is balanced for you and if it is satisfactory for
both parties.
❖ Determine the need or not for a penalty in case of non-compliance.
❖ Determine who is committing, what they are committing to, when and where
they will fulfill the commitment.

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1. Separate people from the problem.
The objective of negotiating is to resolve the conflict, the first thing we must do is separate the
people from the problem. A simple process will allow us to identify and
differentiate objective facts from the conduct of the parties and thus
prevent people from becoming upset, losing their senses or taking
things as personal offenses.
Three basic aspects:

a) Perception: Refers to how the parties think and perceive the

conflict. To understand the other party's perceptions, it will be useful to
exercise empathy, that is, putting yourself in the other's place.

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b) Emotion: It is necessary to recognize and understand one's own emotions and those of the
other party, and allow them to be aired, so that they are not channeled unproductively, otherwise an
escalation of the conflict will occur, leading to its aggravation towards an increasingly hostile
confrontation. .

c) Communication: three problems regarding

communication to avoid:

V Addressing the wrong person.

V Let them not be heard and understood.
V { That there are misunderstandings.

To avoid these problems, it is necessary to exercise clear exposition and active listening to ensure
that it has been understood correctly .

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The difficulty is a conflict resolution process of not separating the problem from the
people they generate because the three aspects explained above come together so that
the parties focus on a sterile discussion on the person themselves, but not on the issues
that require a solution. solution.
This solution causes the conflict to escalate, good relationships to break or deteriorate
even further, means of power to be exercised and unconsciously focused on positions.

Example: Alan García; When referring to the Bagua case: “these people are not
first class citizens”…How does the other party take what Alan said? That he
described them as second class citizens. What prompted this interpretation?
Perceptions, emotions and impaired communication between the parties.

Consequently, let us learn to separate the relationship (intersubjective links) from

the substance (concrete issues to be resolved).

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• It is important that when we negotiate we control our negative emotions such
as anger to avoid negatively labeling the other party.
• We must also be careful how we express ourselves with respect to the other
party, because the other party's emotions can misinterpret what we say.
• Maintaining good treatment between the parties will improve
communication between them.

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2. Think about interests and not positions.
The conflict to be resolved is not only what is expressed by the
parties, but fundamentally, satisfying the real interests, the
needs of the parties, "the why" and the "for what purpose" the
parties demand what they are demanding.

Positions: Demands, demands, claims, etc. Are

Excluding what one wants the other doesn't.
Interests: Reasons or foundations for the demands.
3. Generate satisfactory options for all parties.
Options are the possible solutions to a conflict, the possibilities of different
agreements, variants through which the interests of the parties can be
satisfied, that is, they are feasible ideas that require the consent of the other
party to become a reality.
The generation of options is an act that fulfills its purpose, it must be
avoided falling into the following situations:
Avoid premature judgments or
criticisms.

Avoid the fixed-size pie

assumption.

Believing that the solution to the other party's

problem is their problem.

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4. Discuss based on objective criteria.
If the purpose is to achieve agreements based on interests, it is advisable to
negotiate based on some guideline or criterion that is independent of the will of
the parties, that is legitimate, practical and applicable to both parties. The more
objective criteria of reasonableness that can be used, the greater the possibility
of achieving a final agreement satisfactory to both parties.

Objective criteria:
1. The uses and customs.
2. Laws.
3. The jurisprudence.
4. Market values.
5. Inflationary indices.
6. Time.
7. The expert opinion.
8. General Background.
9. Standards, industrial, etc.

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 Examples:

• A medical report that determines the nature of

personal injury.
• Form specific legal, as the percentage
maximum to be discounted in one claim of
food.

Objective or legitimacy criteria serve to give

support and strength to options or to evaluate
alternatives. Without them, negotiations would be
more subjective than rational.

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5. Think about alternatives – MAAN/PAAN
Alternatives are those external possibilities that are available when it
is not possible to reach an agreement at the negotiating table.
negotiation fails. The alternatives must be analyzed against the
solution options in order to determine what is more advisable,
negotiate or resort to the alternative.

Analyzing our BATNA before negotiating is important

because it will give us security, since if the
negotiation fails we will know what we can
obtain in the alternative way.
The negotiator must keep in mind what is his best or worst alternative to a
negotiated agreement (MAAN or PAAN). If the alternative is better than the
negotiated agreement (option), we should not negotiate and we should resort to
the alternative because it may better satisfy our interests. But, if the agreement
is better than the alternative, we are facing a NAAP and therefore the
appropriate thing is to negotiate why resorting to the alternative route would be
the worst decision.

In a negotiation you must keep in mind

objectives, real possibilities and the
assessment costs-benefits of the
agreement.

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 ESirokegjOS dle Negjocigción
Types of strategies:

a) “Win – lose” strategy

□ Maximum benefit for one at the expense of the

opponent.
□ Competitive negotiation.
□ Distributive negotiation.
b) “Win-win” strategy

□ Maximum benefit for both.

□ Collaborative negotiation.

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WIN – LOSE WIN WIN
• There is no concern • The interests of both
for the situation of the are integrated.
other. • The other is perceived
• He focuses on his as a collaborator.
position. • A climate of trust is
• The other is perceived created.
as an adversary. • They use persuasion
• There is distrust. techniques.
• They use pressure • The agreement is
techniques. intended to benefit
• The agreement is both.
intended to benefit • Satisfaction of the
only one. agreement guarantees
• There is a risk of its compliance.
failing to comply with • Close personal
agreements. relationships.
• Deteriorates personal • Interest can be
relationships, maximized.
• Only positions are
maximized.
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The strategies are specified through negotiation tactics that are of two kinds:

a) Development tactics:
❖ They limit themselves to specifying the chosen strategy.
❖ It is never an attack on the other party.
❖ They should not affect the relationship with the other party.

b) Pressure tactics:
❖ They seriously deteriorate the relationship.
❖ They seek to weaken, confuse or intimidate the other party's
position.
Types of Pressure Tactics:

V Wear.
V Stroke.
V Deceptive tactics.
V Ultimatum.
V Increasing demands.
V Higher authority.
V Good man, bad man.
V Negotiation location.
• Time.
Negotiation Place
• NegotiateinOur offices.
• NegotiateinTheir offices.
• Negotiateinneutral ground.

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 GRCI$EHIANK
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