1. Negotiating on the Merits The Basics of Principled Negotiations

2. What is negotiation?

3. What is negotiation? “To confer with another so as to arrive at the settlement of some matter” Webster’s New College Dictionary

4. Positional Bargaining • Positional Bargaining is how we usually think of negotiations.

5. Positional Bargaining • Positional Bargaining is how we usually think of negotiations. • Each side takes an adversarial position.

6. Positional Bargaining • Positional Bargaining is how we usually think of negotiations. • Each side takes an adversarial position. • Discussion is to decide how much each side gives in.

7. Positional Bargaining • Positional Bargaining is how we usually think of negotiations. • Each side takes an adversarial position. • Discussion is to decide how much each side gives in. • It assumes the value of the object changes by TALKING about it.

8. Positional Bargaining • Leads to misunderstandings and hard feeling.

9. Positional Bargaining • Leads to misunderstandings and hard feeling. • A slow and inefficient process.

10. Positional Bargaining • Leads to misunderstandings and hard feeling. • A slow and inefficient process. • Makes future relationships difficult.

11. Positional Bargaining To reach agreement, we think we have to chose between “Soft” or “Hard” bargaining.

12. Positional Bargaining

13. Negotiating on the Merits A new way of thinking about negotiations

14. Negotiating on the Merits • People • Interests • Options • Criteria • BATNA

15. Negotiating on the Merits • People • Separate the people from the problem.

16. Negotiating on the Merits • People • Separate the people from the problem. • Try to understand their side of the issue

17. Negotiating on the Merits • Interests • Can you find common ground

18. Negotiating on the Merits • Interests • Can you find common ground • Look for joint ways to solve problems

19. Negotiating on the Merits • Options • Find new ways to look at the problem.

20. Negotiating on the Merits • Options • Find new ways to look at the problem. • The more options you generate, the greater the likelihood that you will find a negotiated settlement.

21. Negotiating on the Merits • Criteria • What is the standard of fairness in a settlement?

22. Negotiating on the Merits • Criteria • What is the standard of fairness in a settlement? • Act on principle--never yield to pressure from the other side.

23. Negotiating on the Merits • BATNA • Best Alternative to a Negotiated Agreement

24. Negotiating on the Merits • BATNA • Best Alternative to a Negotiated Agreement • Know your bottom line, and when to walk away

25. Negotiating on the Merits Makes you a winner!!!

26. This presentation was prepared by: Dr. Thomas Boam April, 2006