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PURCHASING & SUPPLY CHAIN MANAGEMENT, 6e

Negotiation and
Conflict Resolution
Chapter 13

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Chapter Overview

 What is negotiation?
 The negotiation framework in supply
management
 Negotiation planning
 Power in negotiation
 Concessions

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Chapter Overview

 Negotiation tactics: trying to reach


agreement
 Win-win negotiation
 International negotiation
 Selected countries
 Impact of electronic media on
negotiations

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What Is Negotiation?

 A process of formal communication,


either face-to-face or via electronic
means, where two or more people,
groups, or organizations come together
to seek mutual agreement about issue
or issues
 Involves management of time, information,
and power between individuals and
organizations who are interdependent
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What Is Negotiation?

 Relationships between people, not just


organizations
 Role of persuasion
 Negotiation skills can be learned and
enhanced
 Supports implementation of supply
management strategies and plans

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Common Terms Used in Negotiation

 BATNA  Issue
 Position  Strategy
 Interest  Power
 Need  Concession
 Want  Tactic
 Fact

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BATNA

 That point where it is advantageous to


walk away from the negotiation
 Best Alternative to a Negotiated Agreement
 Bottom line or reservation point
 Should never be revealed to other party
 All settlements must be judged in light
of all other viable alternatives existing at
the time of the agreement
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Position

 Negotiator’s opening offer


 Represents the optimistic (or ideal) target
value of issues being negotiated
 Stated demand at negotiation table

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Interest

 Unspoken motivation or reason that


underlies any given position
 Unlikely to be expressly stated or
acknowledged
 If done, usually results in loss of power
 May not be directly germane to stated
position
 Often personal in nature

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Key Points on Interests

 Learn to play detective


 Try to discern other party’s interests
through series of open-ended, probing
questions
 Then listen carefully
 Always focus on the other party’s
underlying interests, not its stated
positions

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Need vs. Want

 Need
 Negotiated outcome that negotiator must
achieve
 Want
 Negotiated outcome that a negotiator
would like to have
 May often be exchanged as a concession

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Triangle Talk
Step 3:
“Propose Action in a Way that They Can Accept”

Step 1: Step 2:
“Know The “Know
Exactly Negotiation Exactly
What You What They
Want” Process Want”

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Know Exactly What You Want

 Determine and formalize specific goals


and objectives
 Helps retain clear focus and minimize
distraction
 When written, can be referred to readily
during negotiation
 The more clearly defined, the more likely
that priorities can be achieved

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Know Exactly What They Want

 Attempt to discern other party’s likely


needs and wants
 Estimate underlying interests to other
party’s stated positions
 Beware of expecting other party to
think in same way as you do
 Ask probing, open-ended questions to
confirm or counter assumptions

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Propose Action in a Way
that They Can Accept
 Frame your own needs in terms of
other party’s needs
 Make it easy for other party to say
“Yes”
 Remain fair, flexible, and reasonable
 Address their needs first

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The Negotiation Framework
Identify or anticipate sourcing requirement

Determine if negotiation or bidding is required

Plan for the negotiation

Conduct the negotiation

Execute and follow up on the agreement


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Identify or Anticipate
the Sourcing Requirement
 Purchase requisitions
 Inventory counts
 Reorder point systems
 New product development
 New facilities

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Determine If Negotiation or
Competitive Bidding Is Required
 Is bid process inadequate?
 Are many non-price issues involved?
 Is contract large?
 Are technical requirements complex?
 Does contract involve plant and
equipment?

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Determine If Negotiation or
Competitive Bidding Is Required
 Does contract involve a partnership?
 Will supplier perform value-added
activities?
 Will there be high risk and uncertainty?

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When to Negotiate
 Identification of  Technological
allowable costs support and
 Delivery schedules assistance
and lead times  Contract volumes
 Expected product and release timing
and service quality  Special packaging,
levels handling, and
 Performance metrics shipping
and how information  Liability for loss and
is gathered damage
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When to Negotiate
 Transportation  Capacity
mode selection commitments
 Carrier selection  Penalty clauses
 Filing freight claims  Performance
 Payment terms and incentives
currency exchange  Contract length and
 Progress payment renewal mechanism
schedules  Protection of
 Warranties and proprietary
replacements information
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When to Negotiate
 Ownership and use  Contract dispute
of intellectual resolution
property mechanisms
 Resources related  Spare parts
to developing closer  After-sales service
relationships  Operator or
 Improvement maintenance
requirements training
 Quality, delivery, lead  Access to
time, cost,
responsiveness
technology
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Reasons for Negotiation

 Total contract value or volume is large


 Complex technical requirements
 Product and process requirements and
specifications may still be evolving
 Purchase involves utilization of capital-
intensive plant and equipment

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Reasons for Negotiation

 Agreement involves special or


collaborative relationship
 Supplier will perform important value-
added activities, requiring …
 Appropriate compensation
 Performance standards
 Performance metrics

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Planning for the Negotiation
 Better planning  better outcomes
 Electronic communication tools vs.
face-to-face negotiations
 Reduce expensive and time consuming
travel
 Use of online RFP and RFQ templates
 Quick turnaround on changes
 Simultaneous negotiations with multiple
suppliers
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Points to Focus On
 Defining issues,  Assessing role of
needs, and wants constituents and
 Assembling issues, social context
needs, and wants  Analyzing other
 Defining bargaining party
mix  Planning issue
 Defining interests presentations and
 Defining own defenses
objectives and  Defining process
opening offers protocols
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Phases of the Negotiation
 Phase I
 Fact finding and information sharing
 Clarify or confirm information
 Phase II
 Recess to assess new information and
findings
 Assess relative strengths and weaknesses
 Review and revise objectives and
positions, if necessary
 Organize agenda
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Phases of the Negotiation
 Phase III
 Meet face-to-face or electronically
 Narrow differences on issues
 Offer proposals and counterproposals
 Exchange concessions
 Phase IV
 Seek agreement
 Conclude negotiation
 Agree to follow-on activities
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Being an Effective Negotiator

 Willing to compromise or revise goals


 When faced with new information
 View issues independently
 Establish upper and lower ranges for
each major issue
 Explore more viable options
 Build and focus on common ground
rather than differences
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Being an Effective Negotiator

 Avoid making irritating comments


 Avoid argumentation
 Too many reasons can dilute an argument
 Make fewer counterproposals
 Too many concessions
 Compromising too much
 May indicate lack of adequate planning
and show invulnerability

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Execute and Follow Up
on the Agreement
 Actual performance or management of
contract
 Load into organization’s contract
management system for visibility
 Provide performance feedback
 Build on success of negotiation
 Monitor contract provisions
 Reaffirm commitment of parties
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Negotiation Planning

 Develop plan and overall strategy


 Specific strategies
 Research
 Actions
 Tactics

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Reasons for Failed Negotiations

 Neglect other party’s problems


 Focus too much on price
 Focus on positions instead of interests
 Focus too much on common ground
 Neglect BATNAs
 Overadjust perceptions during actual
negotiation

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Develop Specific Objectives

 Objective
 Aspiration or vision to work toward in
future
 Typical objectives
 Acceptable unit price
 Contract quantities
 Required delivery lead time
 Improved supplier quality

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Develop Specific Objectives

 Not all objectives are equally important


 Need to prioritize
 Must have (needs)
 Would like to have (wants)
 Serves as basis for concession strategy

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Analyze Each Party’s
Strengths and Weaknesses
 Understand through research and
experience
 Personality
 Negotiation style
 History of the other party
 Assess relative strengths and
weaknesses, i.e., “due diligence”
 Each negotiation experience is unique

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Gather Relevant Information

 Previous experience with other party


 What happened between parties?
 Was negotiator satisfied with previous
outcome?
 Are we negotiating with same people or
with different negotiators?
 What were important issues to supplier?
To buyer?

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Gather Relevant Information

 Previous experience with other party


 What were areas of disagreement?
 Is there anything about previous conduct
or protocols that should be changed?
 What is relative power between parties?
 Who has most to lose? To gain?

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Sources of Information

 Other buyers or organizations with


experience with supplier
 Published sources of information
 Trade journals, other business
publications, and Internet websites
 Trade association and government data
 Annual reports
 Financial evaluations and databases
 Direct inquiry with supplier
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Recognize Your Counterpart’s Needs

 Must consider longer-term success


 Issues critical to supplier may not be
issues critical to buyer, and vice versa
 Give-and-take must be considered
 Each party should not expect to prevail in
all issues
 Setting priorities for concessions and
issue tradeoffs

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Identify Facts and Issues

 Fact
 Reality or truth that parties can state and
successfully verify
 Issue
 Items or topics to be resolved
 Triangle Talk is a helpful tool

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Establish a Position on Each Issue

 Need for agility and flexibility


 Range of positions
 Minimum acceptable position (BATNA)
 Maximum, or ideal, position
 Most likely outcome
 Overlapping positions create
bargaining or settlement zone
 “Heart” of the negotiation process

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Bargaining Zone Example
Buyer
$11.00
Aspiration $11.45

Aspiration
BATNA
BATNA
Zone of
Point

Point
Likely
Agreement

$11.15 $11.50
Note:
Example shown is typical buyer- Seller
seller negotiation on price

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Factors in Modifying Positions

 Desirability of the contract


 Revelation of irrefutable information
that challenges accuracy and credibility
of original position
 Major concession that promotes
reciprocation on another issue

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Develop the Negotiation Strategy
and Accompanying Tactics
 Strategy
 Overall approach used to reach mutually
beneficial agreement
 Tactic
 Art or skill of employing available means
to accomplish an end, objective, or
strategy
 Includes supporting action plan and
activities
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Brief Other Stakeholders

 Stakeholder
 One who has an interest in or will be
affected by negotiation outcome(s)
 Need to be aware of, and in agreement
with, desired objectives
 Includes major issues and initial positions
for those issues
 Prevent unwanted surprises
 Develops stakeholder buy-in and support
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Practice the Negotiation
 Applies to complex and formal
negotiations that are …
 Large dollar amount
 Long span of time
 Crucial to success of organization
 Mock or simulated negotiation
 Helps raise awareness of unanticipated
questions and issues
 Role play other party to develop empathy
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Power in Negotiation

 Power
 Ability to influence another person or
organization to do something
 Power by itself is neither good nor bad
 It is actual application or use of power that
makes it good or bad
 Sources of negotiating power

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Sources of Negotiating Power

 Informational power
 Reward power
 Coercive power
 Legitimate power
 Expert power
 Referent power

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Informational Power

 Ready access to relevant and useful


information
 Presentation of facts, data, and
persuasive arguments
 Need for selective disclosure
 Can be manipulated by withholding
information or by providing false
information

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Reward Power

 One party is able to offer something of


perceived value to other
 Direct attempt to exert active control
 Individuals respond and behave
accordingly when valued rewards are
available

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Coercive Power

 Taking away or withholding something


of value to other party
 Ability to punish
 Financially, physically, or mentally
 Can have damaging effects on long-
term relationships
 Promotes retaliation or getting even

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Legitimate Power

 Power based on official position held


 The higher the job position or title, the
greater the power inferred
 May be separate from reward power or
coercive power
 Buyer has legitimate power due to
his/her ability to award contract

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Expert Power

 Special form of informational power


 Development and retention of body of
knowledge
 Often represented by verifiable
credentials and stature
 Reduces likelihood of refuting position
 Other party must value expertise in order
to be effective

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Referent Power
 Comes from attraction based on
socially acceptable personal qualities
and attributes
 Personality or attractiveness
characteristics such as …
 Honesty
 Charisma
 Friendliness
 Empathy
 Sensitivity

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Application of Power

 Used to support one’s advantage


 Need to be careful not to abuse power
 Damaged relationships
 Invited retaliation
 Diminished value of that power
 Some types of power interact
synergistically with others
 Example – expert and referent power

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Concessions
 Movement away from position that has
perceived value to other party to gain
something else of value
 Give-and-take process is normal in most
negotiations
 Need to avoid giving away concessions
without receiving something of equal or
greater value in return
 Always keep BATNA in mind
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Concessions
 Without effective concessions strategy,
negotiation may result in impasse
 Concessions should be made in
decreasing increments, not increasing
ones
 Increasing concession values encourage
other party to wait you out for even greater
concessions
 Based on length and cost of negotiation
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Guidelines for Making Concessions

 Give yourself enough room to make


concessions
 Try to get other party to reveal his/her
needs and objectives first
 Be first to concede on a minor issue
but not first on a major one
 Make unimportant concessions and
portray them as valuable
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Guidelines for Making Concessions

 Make other party work hard for every


concession made
 Use tradeoffs to obtain something for
every concession you make
 Generally, concede slowly and give a
little with each concession
 Do not reveal your deadline to other
party – ever
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Guidelines for Making Concessions

 Occasionally, say “No” to other party


 Be careful trying to take back
concessions, even tentative ones
 Keep a record of concessions made
and try to identify a pattern
 Do not concede too soon, too often, or
too much

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Negotiation Tactics:
Trying to Reach Agreement
 Short-term plans and actions employed
to ...
 Execute strategy
 Cause a conscious change in other party’s
position
 Influence others to achieve one’s own
objectives
 Can be either ethical or unethical
 Tricks or ploys
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Common Negotiation Tactics

 Low ball  High ball


 Honesty and  Best and final
openness offer
 Questions  Silence
 Caucus  Planned
 Trial balloon concessions
 Price increase  Venue

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Cialdini’s Power of Influence

 Reciprocation
 Consistency
 Social proof
 Liking
 Authority
 Scarcity

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Reciprocation

 Obligation to give something back of


equal or greater value to someone after
having received something from them
 Creates powerful obligation response
 Can be used effectively when giving
concessions
 Patterns of concession
 Quid pro quo
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Consistency
 People tend to want to be perceived as
being consistent in their beliefs and
actions
 Otherwise considered to be irrational
 It is difficult to back away from
something already agreed to
 Beware of the consistency trap
 Small commitments often lead to much
larger ones
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Social Proof

 Looking to behavior of others to


determine what is desirable,
appropriate, and correct
 Power of endorsement
 Everyone else is doing it

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Liking

 People work well and are more


agreeable with others that we like or
who are like us
 Get to know other party better to build
on relationship when concessions are
being offered

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Authority

 People are more likely to accept


positions, arguments, and directions
from recognized authority figures
 Power of titles and perceived
importance

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Scarcity
 Can also be “perception” of potential
scarcity
 “Act now!”
 “For a limited time only!”
 “Offer expires tomorrow!”
 Suppliers often use potential price
increases as a scarcity technique
 “Twenty percent price increase effective at
the first of the month!”
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Overcoming Tactics

 Modify tactics when they don’t work


 Prepare for likely tactics to be used
against you
 Tactics are more effective if you are
unprepared, stressed, under severe
deadlines, inexperienced, fatigued, or
disinterested
 Try not to react without thinking
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Win-Lose vs. Win-Win Negotiation

 Win-lose
 Competitive or distributive bargaining
 “Fixed sum game” perception
 Win-win
 Integrative or collaborative bargaining
 Expand the value or resources available to
all participants
 Requires time, patience, and creativity

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Win-Lose Negotiation

 Assume rigid negotiating positions


 Compete over a fixed amount of value
 Practice strict use of power by one
party over another
 Pursue adversarial relationships

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Win-Win Negotiation

 Understand each other’s needs and


wants
 Focus on common ground rather than
personal interests
 Conduct joint efforts to solve problems
 Develop creative solutions that provide
additional value
 Engage in open information sharing
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Win-Win Methods

 Expand the pie


 Logroll
 Use nonspecific compensation
 Cut costs for compliance
 Find bridge solution

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International Negotiation

 Added complexity and challenge with


different …
 Languages
 Customs
 Laws
 Cultures
 Extra time and effort required
 Culture shock
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International Negotiation

 Barriers and obstacles


 Miscommunication because of language
 Time orientation
 Cultural differences
 Limited authority of foreign negotiators
 Need for knowledgeable translators
 Culture and language
 Industry and business concepts

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Culture Shock

 Negotiator’s preexisting values, beliefs,


rules, and decision-making schema are
challenged
 Emotions run higher
 May encounter substantial
 Anxiety
 Disorientation
 Confusion

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Characteristics to Overcome Barriers

 Extreme patience
 Thorough knowledge of agreement
 Honest and polite attitude
 Familiarity with foreign cultures and
customs
 Recognize that common words may
have different meanings, even between
similar countries or cultures
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Caveats when Negotiating Overseas

 Don’t think that everyone else thinks


and negotiates like you do
 There is danger in stereotyping or
oversimplifying the interpersonal
characteristics of other cultures
 There is always substantial interpersonal
variation within any culture
 However, there are often general
tendencies
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Impact of Electronic Media
on Negotiations
 Electronically-based negotiations tend
to equalize differences between parties
 Normal visual and auditory clues are
diminished or not readily apparent
 Status differences and social differences
are less discernible
 Problem of being anonymous

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Impact of Electronic Media
on Negotiations
 E-negotiations take more time than
face-to-face negotiations
 Outcomes tend to be less satisfying
 E-negotiations are more impersonal
and do not promote rapport
 Interchange is often more aggressive
and less diplomatic
 Messages are often misconstrued and
taken out of context
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Impact of Electronic Media
on Negotiations
 Negotiators tend take more risks
 Real time vs. asynchronous
 Loss of information richness
 More difficult to provide feedback and
conduct active listening
 E-negotiators ask fewer questions and
tend to make more assumptions
 What does “silence” mean?
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Mitigating the Negative Effects of
Electronic Negotiation
 Conduct an initial face-to-face meeting
to build rapport
 At a minimum, have an extended telephone
conversation
 Take extra time to carefully reread and
edit e-mails before sending them
 They are irretrievable and can be easily
forwarded to others
 Double-check “to:” and “cc:” addresses
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Mitigating the Negative Effects of
Electronic Negotiation
 Use generally accepted e-mail protocols
 Clear, concise language
 No all caps, excessive punctuation
symbols, underlining, bolding, italics, or
“off-the-cuff” comments
 Don’t copy e-mail to recipient’s
superiors
 Perceived as you not trusting the recipient

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Effective E-Negotiating Practices

 Use a blended negotiation


 Share relevant personal information
initially
 Establish common ground
 Use emoticons ;<)
 Summarize agreements and
concessions frequently

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Effective E-Negotiating Practices

 Include positive language addressing


the importance of the relationship
 Maintain a folder of the correspondence
 Know when and how to reply to or
forward electronic correspondence
 Proofread the entire message before
sending
 It will always take longer
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