COURSE NEGOTIATION TECHNIQUES LECTURER: MR. SUREN DEV
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Table of Content Topic Pages Q1: Define parties and their goals and issues. 3 Q2: Compare and contrast the negotiation situation in these two branches. Culture & ways of negotiation. How different do you see negotiation situation in these two countries? 4-5 Q3: Should company accept the requests? What is your suggestion? 6 Q4: Compare and contrast the negotiation techniques used for two different requests. 7 Q5: What kind of preparations would you have for the negotiation meetings? 8 References 9
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Question 1 Negotiation is dialogue between two or more disputant who are trying to find solutions to their problems. Parties involved in negotiation admit that their problem that needed to be solved. The negotiating parties will meet with each of them stating their desired outcome but often they are well negotiated before both terms agree to terms (Roy et al, 1999). In Petro Trans context, the two parties involve here is the employees and employers. An employee is a person who works in the service of another person under an express or implied contract of hire, under which the employer has the right to control the details of work performance while an Employer is a person, firm, corporation, contractor, or other association or organization that employs individuals for payment. However negotiation without a desired or envision goal is like a running in the without shoes, the goal of two parties in question here is to achieve best possible result that will favour them. The employees goal here is an increment in their salaries and wages and a face lift in their quality work life while the employers goal is to maximally retain profit by making optimizing the use of employees. The combination of issues and importance from each side decides the negotiation agenda. It is also important to keep those agendas low at first and share the information strategically later on (Fisher and Ury, 1991).
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Question 2 In these two branches which is India and America, there are vast differences between these two when it comes to negotiation and the only important similarities between them is that they both want to achieve the best possible outcome in the negotiation. Achieving the best they can they get from a best negotiated agreement is very important to both branches negotiation culture as the priority of every negotiation is a win-win situation (Fisher and Ury, 1991). However, it is important for to keep in mind that these negotiation involve two international branches with different culture, beliefs and ways of life, therefore, it is certain that the difference in their negotiation methods will be divers (Salacuse, 2003). Some of the differences are considered here (a). Negotiators from different cultures view the purpose of a negotiation differently. For negotiators from India, the goal of a business negotiation is personal and they try to establish a relationship using the Co-opt the other party approach which is based it is hard to attack or go hard on your friend while Americans only establish rapport quickly and then move in to negotiation proper.
(b). Negotiating attitude: win-lose or win-win Due to the differences in culture, personality or both, Americans only negotiate for a mutual gain whenever is possible reflecting their less greediness attitude towards the outcome in which both can gain while Indians always are the win-lose type which makes the process one sided and hostile. Although, they are tough in negotiating with because of their culture and beliefs such as been a mixture of nationalist and combination if different religious beliefs. (c). Americans are time sensitive, therefore they are always on time, make decisions quick because they belief in the saying of time is money while Indians conduct their negotiation process with pleasure and in a slow pace (Salacuse, 2003). (d). Personal style: informal or formal. This refers to the way in which negotiators talk and interact with others, use titles, and dress. Negotiators from India practice and adhere to formal procedures but the atmosphere is friendly and much more relaxed while US negotiators does 5 | P a g e
not like formality in negotiation. All they concern themselves about is for their interest to be realized (Salacuse, 2003).
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Question 3 I suggest that the company should accept their request to some extent after considering some factors. Petro Trans should listen to its employees and negotiate with them by using Collective bargaining which is the most appropriate negotiating process between management and unions to settle a variety of issues, including wages, hours, plant and safety rules, and grievance procedures(Fisher and Ury, 1991). As the chief negotiator, it is important to let the employees know the present situation of the company financial state despite failure in the past promises. Although, each side is obligated by law to negotiate in good faith, which generally means openness and fairness and because of that the company must negotiate to terms with the employees by listening to their plight, giving them opening an offer on the and from there discover their resistance point. Also, the organisation must not forget the labour laws protecting employees, so they must be treated fairly. Both sides lay out their positions, which usually start far apart to give each side plenty of bargaining room. If everything works, the two sides come together and sign a new contract, but if nothing binding happens, if the employees do not get satisfaction, it can resort to continuation in the strike which will definitely affect the company more.
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Question 4 As the Petro Trans chief negotiator, starting with an offer that is reasonably low to negotiate the requests, that they will never agree to and from there the company can re-consider the opening offer by moving close to their resistance point or beyond the point; this is often called Low ball tactics (Roy, J. et al 2010). Negotiations like this involving creating and claiming value. First, the negotiators should work cooperatively or use interest based approach to create value that is enlarge the pie but then they must use competitive processes to claim value that is, divide up the pie which means this negotiation is involving claiming value by the employees on their right, therefore cooperative approach must be use and then split the pie while negotiating probably for both parties and be on a win-win situation (Lax and Sebenius, 1991). Negotiating separately is the best option in this situation even though they are requesting for similar thing but because of the differences in culture, ideas and customs which are always consider first in every international negotiation. In order for the best outcome to be achieved, each branch must be addressed and well evaluated based on their society. (Salacuse, 2003). The standard of living in India is quite low compared to the US, which will be in benefit of Petro Trans and on the other the increment in wages and salaries will also be low as a result low currency power. Reverse is the case when negotiating with US because of their effective Labour Union which will make it impossible for Petro Trans to treat the employees below the set standard of the union. Also, in the US culture, equal right is the order of the day making it more difficult to overlook some employee complaints. Therefore, it will be of benefit if the company negotiates separately with the two branches because it will reduce the monetary commitment that will be needed by the organisation to put this request into action.
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Question 5 Effective planning is crucial to meeting negotiation objectives. If the parties are to reach a stable agreement, specific events must take place before the parties ever come to the table. (a). It is vital to conduct some background research on the issues on ground. The negotiator can go as far as reaching on what their counterpart are doing for the quality work life of employees and percentage of wages and salaries. (b). The problem or issue must frame the problem, and recognize that they have a common problem that they share an interest in solving. Frames are the conceptions that parties have of the situation and its risks. They allow the parties to begin to develop a shared definition of the issues involved, and the process needed to resolve them (Lewicki et al, 1999). (c). In the early stages of framing, as the chief negotiator of Petro Trans the goals must be determined, anticipate what they want to achieve, and prepare for the negotiation process. They must define the issues to be discussed and analyze the conflict situation. Finally, planning involves assessing the other party's priorities and interests and trying to get a better idea of what that party is likely to want. Negotiators should gather background information about the other party's current needs, resources, and interests. This can be done through preliminary interviews or consultations with those who have dealt with this situation with the Labour party in the past. In addition, negotiators need to understand the other party's objectives. Professional negotiators will often exchange information about targets or initial proposals before negotiations begin. And the BATNA must be made known and well communicated to all the parties involve for it will promote better position for the part with highest alternatives (Lax and Sebenius, 1991).
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REFERENCES Fisher R., and Ury W., (1991) Getting to Yes: Negotiating Agreement Without Giving In. 2 nd edn, Bruce Patton, New York: Penguin Books Lax D., James K., and Sebenius, (1986) The Manager as Negotiator: Bargaining for Cooperation and Competitive Gain. New York The Free Press. Roy J. L., David M., Saunders and John W. M., (1999) Negotiation, 3 rd Edn, San Francisco: Irwin McGraw-Hill Salacuse J., (2004) The Global Negotiator: Making, Managing and Mending Deals Around the World, Palgrave, MacMillan Publishers Salacuse, J. W. (2003) The Global Negotiator: Making, managing, and mending deals around the world in the twenty-rst century. New York, Palgrave Macmillan Publishers
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