Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The importance of negotiating
Strength and weakness of negotiation strategy
The importance of negotiating
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The importance of negotiating
Since the nature of the contract is to provide services, the performance should be constant and continuous. In addition, the duration being only for 12 months, time is essential. Considering the constant requirement of service provision for 12 months, one cannot afford to lose time and resources in a very lengthy Dispute Resolution (DR) exercise. Therefore, negotiation would be the best to serve the interest of parties in such cases.
Negotiation however, cannot be used to achieve perfect understanding between differing parties. Nevertheless, it is an ideal tool to resolve disputes in short term contracts involving provision of services. In essence, negotiation is a fundamental tool for managing all forms of disputes in contracts. Negotiation can also be used as a realistic tool to resolve day to day disputes in short term contracts, particularly if the business partners want to protect their business relationship.
It is impossible to argue with certainty that negotiation would be the best and only solution for DR in this case. However, considering the nature of business, urgency of services, time limitation, low cost and retain control negotiation could be the best option. It should also maintain good relations between parties. Therefore, negotiation would be better option than other forms of DR in this case.
Thus with reference to this model, one has to appreciate how negotiations are formed, conducted and concluded. Negotiations are mainly in the form of a dialogue between the parties with the intention of reaching an understanding where the parties have differing opinions. To this end, since the envisaged contract is between five parties, the reliance on negotiatio...
... middle of paper ...
...Meadow C., Toward Another View of Legal Negotiation: The Structure of
Problem SolvingUcla L Rev 31, 1983. P. 754. Retrieved from: http://www.oup.com/uk/orc/bin/9780199573479/ch07.pdf
Murray, J. S, Understanding Competing Theories of Negotiation, Negotiation
Journal, Vol. 2(No. 2), 1986. Pp. 179-186. Retrieved from: http://books.google.com/books?id=DL2AsvuzJHUC&pg=PA5&lpg=PA5&dq=Understanding+Competing+Theories+of+Negotiation&source=bl&ots=hOtA6qsmcI&sig=1-FpXoeNKMc_q6En_nyYKyr2BJ8&hl=en&ei=JPjTTY6tLoefOof3qPAK&sa=X&oi=book_result&ct=result&resnum=3&ved=0CDQQ6AEwAg#v=onepage&q=Understanding%20Competing%20Theories%20of%20Negotiation&f=false
R. Fisher, W. Ury, B. Patton, Getting To Yes. Negotiating Agreement Without Giving
In B. Patton, Ed. Penguin Books, 1991. Available at: http://books.google.com/books?id=sjH3emOkC1MC&printsec=frontcover#v=onepage&q&f=false
Lewicki, J. R., Barry, B., & Saunders, M. D. (2010). Negotiation: Readings, exercises and cases
Negotiation is a fundamental process used in resolving conflicts, making business deals, and in managing working relationships with others. Negotiations occur for two reasons: (1) to resolve a problem or dispute between parties, or (2) to create something new that neither party could do on its own.
Negotiations styles are scholastically recognized as being broken down into two general categories and those are distributive bargaining styles and integrative negotiation styles. Distributive bargaining styles of negotiation are understood to be a competitive type of negotiation. “Distributive bargaining, also known as positional bargaining, negotiating zero-sum, competitive negotiation, or win-lose negotiation, is a type or style of negotiation in which the parties compete for the distribution of a fixed amount of value” (Business Blog Reviews, 2011). This type of negotiation skill or style approach might be best represented in professional areas such as the stock market where there is a fixed goal in mind or even in a garage sale negotiation where the owner would have a specific value of which he/she would not go below. In contrast, an integrative negotiation approach/style is that of cooperative bargaining, or win-win types ...
Lewicki, R. J., Saunders, D. M., & Barry, B. (2005). Negotiation, Fifth Ed. New York, NY: McGraw-Hill Irwin.
In conclusion, the theory of principled negotiation is very impressive, although it at times seems to be simplistic and meant for an ideal world. Nevertheless, it allows all sides of the conflict to be examined through the broadening of options. It allows disputants to maintain any relationship that they had before the conflict and negotiation. Overall, principled negotiation is meant to lead to satisfactory results for both sides, creating a win-win situation for all.
Lewicki, R. J., Saunders, D. M., & Barry, B. (2010). Negotiation: Readings, exercises, and cases. New York: McGraw-Hill Irwin
Many people enjoy working or participating in a group or team, but when a group of people work together chances are that conflicts will occur. Hazleton describes conflict as the discrepancy between what is the perceived reality and what is seen as ideal (2007). “We enter into conflicts reluctantly, cautiously, angrily, nervously, confidently- and emerge from them battered, exhausted, sad, satisfied, triumphant. And still many of us underestimate or overlook the merits of conflict- the opportunity conflict offers every time it occurs” (Schilling, nd.). Conflict does not have to lead to a hostile environment or to broken relationships. Conflict if resolved effectively can lead to a positive experience for everyone involved. First, there must be an understanding of the reasons why conflicts occur. The conflict must be approached with an open mind. Using specific strategies can lead to a successful resolution for all parties involved. The Thomas-Kilmann Conflict Mode Instrument states “there are five general approaches to dealing with conflict. The five approaches are avoidance, accommodation, competition, compromise, and collaboration. Conflict resolution is situational and no one approach provides the best or right approach for all circumstances” (Thomas, 2000).
Lewicki, R., Saunders, D.M., Barry B., (2010) Negotiation: Readings, Exercises, and Cases. 6th Ed. McGraw-Hill Irwin. New York, NY
A group can only be called a team if the members are actively working together toward a common goal. A team must have the capability to set goals, make decisions, solve problems, and share responsibilities. For a team to be successful, trust must be earned between its members by being consistent and reliable (Temme & Katzel, 2005). When more than one person is working on a particular task, inconsistent views or opinions commonly arise. People come from different backgrounds and live through different life experiences therefore, even when working towards a common goal, they will not always see eye to eye. Major conflict that is not dealt with can devastate a team or organization (Make Conflict Work, 2008). In some situations, conflict can be more constructive than destructive. Recognizing the difference between conflict that is constructive to the team and conflict that is destructive to the team is important. Trying to prevent the conflict is not always the best way to manage conflict when working within a team setting. Understanding conflict, what causes it, and how to resolve conflict effectively, should consume full concentration.
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.
workplace include greater total resources, greater knowledge band and a greater source of ideas. However, these advantages can also bring on conflict within teams and the entire workplace. Varney (1989) reported that conflict remained the number one problem within a large company. This was after several attempts were made to train management in conflict resolutions and procedures. However, the conflict remained. The conflict possibly remains because the managers and leaders did not pay attention to the seriousness of the issue. In order to maintain an effective team, leaders and team members must know and be proactive in the conflict resolution techniques and procedures.
Meaningful communication between two or more individuals rarely leads to 100% agreement between all parties involved. More commonly, there are disagreements on certain points. In a close relationship like a marriage, which is also a partnership; in a strong business relationship; or in a hostage situation, these disagreements must be worked out satisfactorily for both sides in order for the relationship to remain healthy and/or the outcome to be positive. When the parties must reach an agreement or a compromise, one of the best communication strategies is negotiation.
Negotiation has been used as a vital communication tool not only in business but also in social intercourse. It helps people make common agreement and avoid conflict. So we need to use the tactics which we learned from this course and books to do more practice, only in this way we can gain advantages in negotiation.
Negotiations always occur between parties who believe that some benefit may come of purposeful discussion. The parties to a negotiation usually share an intention to reach an agreement. This is the touchstone to which any thinking of negotiations must refer. While there may be some reason to view negotiations as attempts by each party to get the better of the other, this particular type of adversarial negotiation is really just one of the options available. Among the beginning principles of a negotiation must be an acknowledgment that the parties to a negotiation have both individual and group interests that are partially shared and partially in conflict, though the parameters and proportions of these agreements and disagreements will never be thoroughly known; this acknowledgment identifies both the reason and the essential subject matter for reflection on a wide range of issues relevant to a negotiation. (Gregory Tropea, November 1996)
Negotiation approaches are generally described as either distributive or integrative. At the heart of each strategy is a measurement of conflict between each party’s desired outcomes. Consider the following situation. Chris, an entrepreneur, is starting a new business that will occupy most of his free time for the near future. Living in a fancy new development, Chris is concerned that his new business will prevent him from taking care of his lawn, which has strict requirements under neighborhood rules. Not wanted to upset his neighbors, Chris decides to hire Matt to cut his grass.