Voss deal with issues related to the land

 

Voss deal with issues related to the land

We negotiate every day. We might be looking for a better job, trying to purchase a used car, or walking down the street on the right side and seeing someone coming right toward us, seemingly unwilling to step to the left. We don’t necessarily think about whether we won or lost a negotiation when we step to the left and let the walker pass, but it’s a negotiation, nonetheless.

Negotiation is the process of discussing each individual’s position on a topic and attempting to reach a solution that benefits both parties. We often step in and negotiate when a conflict is taking place, but conflict doesn’t have to exist for there to be an opportunity for negotiation. It can be a discussion of an exchange of goods and services (or just jockeying for position on a sidewalk).

All negotiations share four common characteristics:

• ·        The parties involved are somehow interdependent
• ·        The parties are each looking to achieve the best possible result in the interaction for themselves
• ·        The parties are motivated and capable of influencing one another
• ·        The parties believe they can reach an agreement

If these conditions don’t exist, neither can a negotiation. The parties have to be interdependent—whether they are experiencing a conflict at work or want to do business with one another. Each has an interest in achieving the best possible result. The parties are motivated and capable of influencing one another, like a union bargaining for better working conditions. A worker doesn’t have influence over a manufacturer, but a union of workers does, and without that influence as a factor, both parties won’t be motivated to come to the table for discussions. Finally, the parties need to believe they can reach an agreement; otherwise any negotiation talks will be futile.

In the preparation and planning stage, you (as a party in the negotiation) need to determine and clarify your own goals in the negotiation. This is a time when you take a moment to define and truly understand the terms and conditions of the exchange and the nature of the conflict. What do you want to walk away with?

You should also take this moment to anticipate the same for the other party. What are their goals in this negotiation? What will they ask for? Do they have any hidden agendas that may come as a surprise to you? What might they settle for, and how does that differ from the outcome you’re hoping for?

After the planning and strategy development stage is complete, it’s time to work with the other party to define the ground rules and procedures for the negotiation. This is the time when you and the other party will come to agreement on questions like

• ·        Who will do the negotiating—will we do it personally or invite a third party?
• ·        Where will the negotiation take place?
• ·        Will there be time constraints placed on this negotiation process?
• ·        Will there be any limits to the negotiation?
• ·        If an agreement can’t be reached, will there be any specific process to handle that?
• Usually it’s during this phase that the parties exchange their initial positions.

Clarification and Justification

Once initial positions have been exchanged, the clarification and justification stage can begin. Both you and the other party will explain, clarify, bolster and justify your original position or demands. For you, this is an opportunity to educate the other side on your position, and gain further understanding about the other party and how they feel about their side. You might each take the opportunity to explain how you arrived at your current position, and include any supporting documentation. Each party might take this opportunity to review the strategy they planned for the negotiation to determine if it’s still an appropriate approach.

This doesn’t need to be—and should not be—confrontational, though in some negotiations that’s hard to avoid. But if tempers are high moving into this portion of the negotiation process, then those emotions will start to come to a head here. It’s important for you to manage those emotions so serious bargaining can begin.

Bargaining and Problem Solving

This is the essence of the negotiation process, where the give and take begins.

You and the other party will use various negotiation strategies to achieve the goals established during the preparation and planning process. You will use all the information you gathered during the preparation and planning process to present your argument and strengthen your position, or even change your position if the other party’s argument is sound and makes sense.

The communication skills of active listening and feedback serve the parties of a negotiation well. It’s also important to stick to the issues and allow for an objective discussion to occur. Emotions should be kept under control. Eventually, both parties should come to an agreement.

Closure and Implementation

Once an agreement has been met, this is the stage in which procedures need to be developed to implement and monitor the terms of the agreement. They put all of the information into a format that’s acceptable to both parties, and they formalize it.

Formalizing the agreement can mean everything from a handshake to a written contract.

This book, and the concept of principled negotiation that it introduced, was determined to change the way people make deals, and millions of readers flocked to it to digest its sage advice. In principled negotiation, one moves successfully through the process by determining which needs are fixed and which needs are flexible for the negotiators. It was meant to be a negotiation strategy by which agreements could be made without damaging business relations. There are five major points that one should consider in the negotiation process:

·        Separate the people from the problem. This describes the way the parties should interact with each other throughout the negotiation process. Negotiators are only people, and they have personal interests in their positions. If the Party A attacks the position of Party B, it can feel as though he or she is attacking Party B personally. If parties can go into a negotiation committed to clear communication, and do their best to acknowledge the emotions that are attached to the negotiation process, there will be a better chance for amicable resolution.

·        Focus on interests, not positions. This is an aspect to be considered throughout the negotiation process, starting with planning and preparation and revisited in clarification and justification. A party’s position is something he has decided upon. His interests are the reason why he’s made that particular decision. Each party should attempt to explain their interests clearly and have a full understanding of the other party’s interests.

·        Invent options for mutual gain. It’s during this stage, that falls within the bargaining discussion part of the process, that parties should get together and try to generate as many possible options for resolution. Parties can focus on shared interests to generate as many win-win solutions as they can during the brainstorming sessions. Once all possible solutions are exhausted, evaluation of those proposed solutions can begin.

·        Insist on using objective criteria. Using objective criteria can keep the discussion polite and the relationship preserved during the negotiation process. This objective criteria can be introduced during the ground rules stage, or at any point thereafter, and parties should agree to its use. Objective criteria can be statistics, past legal judgments, professional standards or other data that is legitimate and practical.

·        Understand your “BATNA.” The BATNA – the best alternative to a negotiated agreement – is the most advantageous course of action a party can take if negotiations fail and an agreement can’t be made. A party should never accept a negotiated deal that leaves him or her worse off than his BATNA. The BATNA is a leverage point in negotiations, and without a clear idea of BATNA a party is negotiating blindly.

·        With these suggestions, Fisher and Ury made a huge impact on the art of negotiation. People didn’t look anymore to just get a “piece of the pie.” They wanted to “expand the pie” and keep relationships intact by applying these integrated bargaining techniques to their next negotiation opportunities.

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