Negotiation

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Negotiator redirects here. For the movie, see The Negotiator (film)

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Broadly speaking, negotiation is an interaction of influences. Such interactions, for example, include the process of resolving disputes, agreeing upon courses of action, bargaining for individual or collective advantage, or crafting outcomes to satisfy various interests. Negotiation is thus a form of alternative dispute resolution.

Negotiation involves two basic elements: the process and the substance. The process refers to how the parties negotiate: the context of the negotiations, the parties to the negotiations, the relationships among these parties, the communication between these parties, the tactics used by the parties, and the sequence and stages in which all of these play out. The substance, however, refers to what the parties negotiate over: the agenda, the issues, the options, and the agreement(s) reached at the end.

Skilled negotiators may use a variety of tactics ranging from a straight forward presentation of demands or setting of preconditions to more deceptive approaches such as cherry picking. Intimidation and salami tactics may also play a part in swaying the outcome of negotiations.

Alternative dispute resolution

Negotiation is one of three primary methods of alternative dispute resolution, typically evidenced by a trained negotiator acting on behalf of a particular organization or position. Compare this to mediation where a disinterested third party listens to each sides' arguments and attempts to help craft an agreement between the parties. Lastly, arbitration is similar to a legal proceeding, whereby both sides make an argument as to the merits of their "case" and then the arbitrator decides the outcome both parties should follow (non-binding arbitration) or must follow (binding arbitration).

Approaches to negotiation

Given the above definition, negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce and parenting. See also negotiation theory.

because of the assumption of a fixnegotiatiodvocacy in-the most favorable outcomes possible for that party. In this process the negotiator attempts to determine In the advocacy approach, a skilled ed "pie", thatprice in a simple sales ne===The advocate's approach===n, the union might prefer job willing to accept, then adjusts their demands accordingly. A "successful" negotiation in the aFor example, in a labor negotiator usually serves as advocate for one party to the negotiation and attempts to obtain needs to be resolved, such as a refe acceptable.reparty desirences, a trade is possible that is beneficial to both parties. Such a negotiation is therefore not an adversarial zero-sum game. differences in the parties' preferences make wTraditional negotiating is sometimes called 'security over wage gains. If the the minimum outcome(s) the other party is (or parties areapproach is when the negotiator is able to obtain all or most of the outcomes their s, but without driviemployers have opposite p one person's gain results in another person's loss. This is only true, however, if only a single issue )'win-lose gotiation. If multiple issues are discussed, win negotiation possible. ng the other party to permanently break off negotiations, unless the BATNA (see below) is

The "win/win" negotiator's approach

During the early part of the twentieth century, academics such as Mary Parker Follett developed ideas suggesting that agreement often can be reached if parties look not at their stated positions but rather at their underlying interests and requirements. During the 1960s, Gerard I. Nierenberg recognized the role of negotiation in resolving disputes in personal, business and international relations. He published The Art of Negotiating, where he states that the philosophies of the negotiators determine the direction a negotiation takes. His Everybody Wins philosophy assures that all parties benefit from the negotiation process which also produces more successful outcomes than the adversarial “winner takes all” approach.

In the 1970s, practitioners and researchers began to develop win-win approaches to negotiation. Getting to YES was published by Roger Fisher and William Ury as part of the Harvard negotiation project. The book's approach, referred to as Principled Negotiation, is also sometimes called mutual gains bargaining. The mutual gains approach has been effectively applied in environmental situations (see Lawrence Susskind and Adil Najam) as well as labor relations where the parties (e.g. management and a labor union) frame the negotiation as "problem solving".

There are a tremendous number of other scholars who have contributed to the field of negotiation, including Gerard E. Watzke at Tulane University, Sara Cobb at George Mason University, Len Riskin at the University of Missouri, Howard Raiffa at Harvard, Robert McKersie and Lawrence Susskind at MIT, and Adil Najam and Jeswald Salacuse at The Fletcher School of Law and Diplomacy.

See also

• Alternative Dispute Resolution
• Arbitration
• Best alternative to a negotiated agreement (BATNA)
• Collective bargaining
• Collective action
• Conciliation
• Conflict resolution research
• Consistency
• Contract
• Cross-cultural
• Diplomacy
• Dispute resolution
• Expert determination
• Game theory
• Impasse
• Leadership
• Mediation
• Nash equilibrium
• Negotiation theory
• Prisoner's dilemma
• Win-win game

References and further reading

Film

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