Plea-Bargaining, Negotiating Confessions and Consensual Resolution of Criminal Cases. Thaman
Chapter 12 Formal Negotiating. The Nature Of Negotiating Negotiation- the bargaining process through...
-
Upload
alan-brailey -
Category
Documents
-
view
225 -
download
0
Transcript of Chapter 12 Formal Negotiating. The Nature Of Negotiating Negotiation- the bargaining process through...
The Nature Of NegotiatingThe Nature Of Negotiating
Negotiation- the bargaining process through which buyers and sellers resolve areas of conflict and arrive at agreements
Win-lose negotiating- the negotiator attempts to win all the important concessions and thus triumph over the opponent
Win-win negotiating- the negotiator attempts to secure an agreement that satisfies both parties
Negotiation Versus Non-Negotiation Selling Salespeople have price books and procedural manuals With negotiations, buyers expect policies, procedures, and
prices to be negotiable Formal negotiations generally are for large or important
prospective buyers
ContinuedContinued
What Can Be Negotiated? (See Exhibit 12.1, P. 315) Customers which are large or important enough can negotiate
almost anything Lists of prioritized issues help determine where disagreements exist
Are You A Good Negotiator? A good negotiator must have patience, endurance, take risks and the
ability to tolerate ambiguity Successful salespeople do not always make great negotiators Must not fear conflict Different cultures, different emphasis on skills
Planning For The Planning For The Negotiation SessionNegotiation Session
Location Choose a neutral site free from distraction Preferences generally are the morning and the middle of the week
Time Allocation Time pressures tend to have negative outcomes With a win-win perspective, high outcomes are achieved
regardless of time pressures
Negotiation Objectives Power is a critical element when developing objectives The seller will almost certainly have to make concessions in the
negotiation session
ContinuedContinued Negotiation Objectives (Contd.) Target position- what your company hopes to achieve at the
negotiation session Minimum position- the absolute minimum level you will
accept Opening position- the initial proposal
The opening position should reflect higher expectations than the target position
Mini-max strategy- helps sellers understand and prepare for the trade-offs that will undoubtedly occur in the negotiations
Adaptive planning- development of alternative paths to the same goal
Brainstorming session- meeting in which people are allowed to creatively explore various methods of achieving goals
ContinuedContinued
Team Selection and Management Positive sides of teams: tend to be more creative and avoid
mistakes Negative sides of teams: more timely or address an issue
outside their area of expertise Generally, teams should be the same size Each member should have a defined role The leader will manage negotiations and delegate who will
answer what Practice
Individual Behavior PatternsIndividual Behavior Patterns
(See P. 322-323 – Exhibit 12.5) Competing mode- resolving conflict in an assertive and
uncooperative manner (win-loose agreement) Accommodating mode- resolving conflict by being unassertive
and highly cooperative; often neglect their own needs and desires to satisfy the concerns of the other party
Avoiding mode- resolving conflict in an unassertive and uncooperative manner; no attempt to solve their own needs or the needs of others
Compromising mode- resolving conflict by being somewhat cooperative and somewhat assertive; quick mutually acceptable solution, partially satisfying both parties
Collaborating mode- resolving conflict by seeking to maximize the satisfaction of both parties, reaching a win-win solution
ContinuedContinued
Information Control
Don’t give everyone access to all the information
Keeping certain details from the buyer could be very beneficial
The Negotiation MeetingThe Negotiation Meeting
Ambush negotiating (sneak attack)- a win-lose tactic used by a buyer at the beginning of, or prior to, negotiations when the seller does not expect this approach
Discuss the important topics and eventually arrive at a decision
Preliminaries Break the ice and ensure a comfortable environment
The selling team should establish a win-win environment
Agenda- listing of what will be discussed and in what sequence
ContinuedContinued
General Guidelines It is important for the team leader to keep track of what has
and has not been discussed Negotiators must understand cultural issues (Translator ?) Negotiators need to save face if not strengthen their identity
Deadline With Win-Lose Negotiators Good Guy-Bad Guy Routine Strategy where one team member acts as a “good guy” and
another team member acts as a “bad guy” Goal is to accept the good guy’s proposal; avoid the
consequences of the bad guy’s proposal
ContinuedContinued
Lowballing Definition: strategy in which one party voices agreement and
then raises the cost of that agreement in some way
Nibbling- the buyer requests a small extra or add-on after the deal has been closed
Emotional Outbursts Definition: strategy in which one party attempts to gain
concessions by resorting to a display of strong emotion
Budget Limitation Tactic Definition: (a.k.a.-budget bogey) strategy in which one side
claims that the budget does not allow for the solution proposed
Continued Continued
Browbeating Definition: strategy in which buyers attempt to alter the
selling team’s enthusiasm and self-respect by making unflattering comments
Negotiation jujitsu- response in which the attacked person or team steps away from the opponent’s attack and then directs the opponent back to the issues being discussed
Other Win-Lose TacticsOther Win-Lose Tactics
Limited authority– True or not? Get decision maker into the room!
Red herring– Small problem or minor point to distract
conversation away from the bigger issues
Trail balloons– Floating an idea without really offering it as a
concession
ContinuedContinued
Making Concessions Concession- when a party agrees to change a position in
some fashion
Guidelines To Making Concessions Effectively Never make concessions before probing the buyer Never make concessions unless you get one in return Concessions should gradually decrease in size Don’t be afraid to say no if objectives aren’t met All concessions are tentative until finalization Don’t give concessions carelessly Don’t accept first concessions Help buyer see value of concessions
ContinuedContinued
Recap Of A Successful Negotiation Meeting
Set the proper environment
Develop an agenda
Work for win-win negotiations
Get agreements in writing
Summarize agreements
Be friendly, levelheaded, courteous, and honest (Beneficial for long-term partnerships)