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Institute of Leadership & Management<br />
MANAGING<br />
NEGOTIATIONS<br />
How to negotiate in business
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Institute of Leadership & Management<br />
Contents<br />
••<br />
Click on the headings to be taken to that section.<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part,<br />
be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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Institute of Leadership & Management<br />
Section one:<br />
What is<br />
negotiation?<br />
This workbook will enable you to prepare<br />
for successful negotiations. It will also<br />
help you negotiate, reach agreements<br />
and build good relationships with<br />
counterparts and colleagues.<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part, be<br />
copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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What is negotiating?<br />
Whenever we need or want something from other people to achieve our goal, we<br />
participate in negotiating. It is something that we do regularly whenever we agree a<br />
price for the supply of goods or services.<br />
• • Click on the orange circles in the diagram below to see<br />
examples of negotiation.<br />
Examples of<br />
managerial<br />
negotiation<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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A problem-solving process<br />
Being able to negotiate successfully is a key managerial skill, especially as more and<br />
more work gets done through complex networks of individuals.<br />
Negotiation is a problem-solving process in which two parties have conflicting<br />
interests. You persuasively explain your case and the other person (or group) –<br />
your counterpart – explains theirs. Your aim is to achieve maximum benefit from<br />
the discussion whilst being aware of the need to reach agreement. To do this you<br />
bargain by exchanging offers and counter offers, concessions and compromise until<br />
you reach a mutually acceptable solution. Negotiating well requires a careful balance.<br />
Satisfy your own needs<br />
Maintain a good relationship<br />
with the other party<br />
Successful negotiation<br />
Human behaviour is unpredictable and every negotiating situation is unique and<br />
often complex and uncertain. There are no prescribed rules; however, there are<br />
certain principles that generally apply to all negotiations.<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part,<br />
be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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Institute of Leadership & Management<br />
Negotiating strategy<br />
Choosing the best negotiation strategy to match the situation can make a<br />
considerable difference to your success. There are two main strategies for<br />
bargaining.<br />
Competitive bargaining (also called distributive or positional) is about negotiating<br />
over who gets what share of a fixed ‘pie’. The parties are less interested in forming<br />
a lasting relationship or creating a positive impression than winning. Haggling over<br />
the price of a second-hand item is an example of competitive bargaining. You keep<br />
information confidential (for example, you do not let your counterpart know how<br />
badly you want the item), because information is power and the more you know<br />
about the other person’s situation, the stronger your bargaining position. So, for<br />
example, you let your counterpart make the first offer. You can always go lower!<br />
Cooperative bargaining (also called interest-based or integrative) is about<br />
collaborating to find and agree the best win-win solution that meets everyone’s<br />
interests and results in good long-term relationships. All parties feel they have<br />
gained something they want without giving up something important. To succeed<br />
it requires openness, information sharing, willingness to be flexible and trust. This<br />
means you try to make the first offer.<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
7<br />
Institute of Leadership & Management<br />
••<br />
Click the icon to reveal elements of each bargaining style.<br />
Competitive<br />
bargaining<br />
Cooperative<br />
bargaining<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
8<br />
Institute of Leadership & Management<br />
••<br />
Task one: Strategy for negotiating<br />
For a successful agreement you need to think ahead and develop a strategy for your<br />
negotiation.<br />
In your own words, briefly describe the requirements of a negotiation strategy<br />
using the space provided.<br />
A negotiation<br />
strategy<br />
should have...<br />
••<br />
Approaches to negotiating<br />
Lewicki et al (2015) distinguish five different approaches to negotiating.<br />
Click on the buttons to reveal some methods that can be used in negotiation.<br />
Collaborative<br />
problem-solving<br />
Compromising<br />
Accommodating/<br />
yielding<br />
Contending<br />
Delaying/inaction<br />
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Emotions in negotiation<br />
Being an effective negotiator requires a broad range of interpersonal skills such as<br />
effective listening, self-confidence, respect for others, patience, positive attitude,<br />
persistence and the ability to deal with emotions. Emotions play a powerful<br />
role in negotiation; for example, participants often give up too much, against<br />
their interests, just to arrive at an agreement. Be aware of your behaviour, your<br />
emotional reactions to situations and how others see you.<br />
Fisher and Shapiro (2007) have identified five key concerns that trigger people’s<br />
emotions during negotiation. You can use these to encourage positive emotions in<br />
yourself and others without getting overwhelmed by them. This can help you to<br />
transform disagreement into an opportunity for mutual gain.<br />
••<br />
Click on the buttons to reveal each key concern.<br />
Appreciation<br />
is about:<br />
Affiliation is about:<br />
Autonomy is about:<br />
Status is about:<br />
Role is about:<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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Know your bargaining range<br />
Knowing your bargaining range helps you to get the best possible deal without<br />
either giving lots of concessions or being pushed into an agreement you might<br />
later regret.<br />
••<br />
Click on the arrows below to reveal the definitions.<br />
What you<br />
hope to<br />
get out of<br />
negotiating<br />
What you<br />
will settle<br />
for<br />
What you<br />
don’t want<br />
to happen<br />
What is<br />
unacceptable<br />
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Your goal in negotiation is to reach an agreement that is closest to the outcome you<br />
had hoped to reach prior to starting the negotiation. Knowing your bargaining range<br />
beforehand will help you to do this.<br />
YOUR<br />
BARGAINING<br />
RANGE<br />
YOUR<br />
OBJECTIVE<br />
YOUR<br />
WATNA<br />
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Anchoring<br />
Anchoring (Tversky and Kahneman, 1974) is the first offer presented and is<br />
important because it influences the final outcome. Your offer should be realistic but<br />
aggressive. You may well need to do plenty of background research to collect the<br />
information to help you decide on an appropriate and realistic anchor. Then, if your<br />
counterpart offers first, try to reanchor using objective information you collected in<br />
your research.<br />
Power in negotiating<br />
According to Spangle and Isenhart (2003), power is the degree of leverage or<br />
influence a party has during negotiation. It can come from many different sources<br />
such as their position or role in their organisation, their knowledge about the topic<br />
of negotiation or their counterpart’s needs and wants, or it may come from the<br />
strength of their BATNA. Power may be real or perceived. The relative power a party<br />
possesses influences the outcome of negotiation and so you should assess the<br />
power held by both parties prior to negotiating.<br />
Be aware of the extent of your authority when negotiating. What are you allowed to<br />
agree or commit to before you need to seek higher authority from your manager?<br />
Are you authorised to make agreements with customers or colleagues from other<br />
departments? Are you allowed to spend money or commit people or time, including<br />
your own, on behalf of your organisation? If so, to what extent?<br />
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••<br />
Task two: Extent of my authority when negotiating<br />
In your own words explain the extent of your authority when negotiating.<br />
Type your answer in the space provided.<br />
The extent of<br />
my authority for<br />
negotiating is:<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
14<br />
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••<br />
Task three: Use of negotiating techniques<br />
Identify techniques that you can use for negotiating and type them in the first<br />
column below. Then briefly describe the use of each of the techniques in the<br />
second column.<br />
Technique I can use for negotiation<br />
How I would use it<br />
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Understanding your counterpart<br />
Finding out about your counterpart might include financial information, details on<br />
competitors or any other information relevant to the negotiation. Questions that<br />
can help you to gather relevant information include:<br />
••<br />
What are their needs and wants?<br />
••<br />
What is the order of their importance to your counterpart?<br />
••<br />
Who does my counterpart need to satisfy?<br />
••<br />
What do I understand to be their objective?<br />
••<br />
How much do they need me/my service?<br />
••<br />
What is not important to them?<br />
••<br />
What negotiation strategy are they likely to use?<br />
••<br />
What arguments might they use in negotiation?<br />
••<br />
What do I believe are their BATNA, WATNA and WAP?<br />
••<br />
Are they likely to be open, willing to share information and value collaboration?<br />
••<br />
Are they likely to use information against me to leverage a better outcome for<br />
themselves?<br />
••<br />
What common interests do we have that might indicate opportunity for mutual<br />
gain?<br />
Knowing what is or is not important to your counterpart may help you make small<br />
concessions appear valuable or gain extra value from items they might give away.<br />
••<br />
Task four: Researching my counterpart in a negotiation<br />
In your own words using the space provided, explain how you can use research<br />
on your counterpart to support a successful negotiation.<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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Cultural differences<br />
When there are cultural differences among parties to a negotiation, it is important<br />
to be aware of and sensitive to them. Cultural/linguistic differences can result in<br />
misunderstanding. In some cultures, people value getting to know other people<br />
before discussing technical details of the agreement, while in others, people want<br />
to resolve technical issues first. Cultures may have different concepts of time,<br />
such as taking considerable time to negotiate a deal, whereas others want a faster<br />
pace. In some cultures, disclosure of information is believed to encourage trusting<br />
negotiation, whereas others keep information to themselves. Some cultures believe<br />
periods of silence can offer a chance to think or present ideas but others find silence<br />
uncomfortable. In some cultures, you are encouraged not to disagree with those<br />
who should be respected whereas other cultures consider everyone equal.<br />
You may need to adapt to expectations of negotiators from other cultures. Be open,<br />
flexible and respectful, and communicate clearly with them to maintain rapport and<br />
minimise misinterpretation.<br />
Try to understand what culture the other person believes they belong to as this<br />
will prevent you from making incorrect assumptions about them. Being able to deal<br />
effectively with cultural differences will give you an advantage as you will build good<br />
relationships and ask good questions, and thereby quickly gain a true understanding<br />
of others.<br />
••<br />
Task five: Dealing with cultural differences<br />
In your own words, and using the space provided, explain how cultural<br />
differences might affect negotiation.<br />
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Section two:<br />
How do<br />
I negotiate?<br />
Negotiating takes place in an atmosphere<br />
of uncertainty. This section will show you<br />
how to prepare for the process so that<br />
you are not working in the dark.<br />
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copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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The four stages of negotiation<br />
In negotiation, neither party knows what the other really wants or is prepared to<br />
accept or concede. There are four stages.<br />
••<br />
Click on the arrows to find out about each stage.<br />
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Stage one: Preparation<br />
An effective negotiator makes considerable effort to gather all relevant data. You<br />
need to understand your own offer, concessions and bargaining position. You also<br />
need to find out as much as you can about your counterpart. The information is<br />
often included in an official preparatory document drafted before the negotiation<br />
process.<br />
• • Click on the orange circles to find out what you need to do at the<br />
Preparation stage.<br />
Preparation<br />
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20<br />
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••<br />
Task six: Determining my purpose, scope and objective<br />
Identify a situation where you need to negotiate something at work. Describe<br />
and clarify the topic or issue you need to negotiate by responding to the<br />
questions below. Use the space provided.<br />
What is the topic or issue that you need<br />
to negotiate?<br />
What is the extent of the topic or issue?<br />
For example:<br />
• Who does it affect?<br />
• When does it happen, and to<br />
what extent?<br />
• Who is your counterpart?<br />
Why do you need to negotiate<br />
this issue?<br />
The scope of my negotiation is:<br />
The purpose of my negotiation is:<br />
What is the most you hope to achieve as<br />
a result of your negotiation?<br />
The objective of my negotiation is:<br />
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Researching my counterpart<br />
What can you achieve by anticipating your counterpart’s interests, needs, goals,<br />
strengths and weaknesses?<br />
••<br />
Click on the arrows to find out.<br />
1. The most appropriate<br />
approach to negotiation<br />
••<br />
Task seven: How I believe my counterpart<br />
is likely to negotiate<br />
Assess the likely objectives and negotiation stances of your counterpart. Use<br />
the spaces provided.<br />
What outcome from<br />
the negotiation is my<br />
counterpart hoping to<br />
achieve?<br />
Why do you think<br />
this is the case?<br />
What attitude do<br />
you believe they<br />
will take during the<br />
negotiation?<br />
What strategy do you<br />
believe they will use?<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
22<br />
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••<br />
Task eight: Researching the strengths and weaknesses<br />
of my counterpart<br />
Research your counterpart’s strengths and weaknesses in relation to the topic of<br />
your negotiation by asking other people or doing desk research.<br />
Write your counterpart’s strengths and weaknesses in columns A and B below.<br />
Then give the source of your information in column C.<br />
A. Strength<br />
B. Weakness<br />
C. Source<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
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Preparing my negotiating strategy<br />
Taking your research into consideration, choose a negotiation strategy with the best<br />
chance of achieving your objective. Your choice will depend on your counterpart,<br />
the relationship you have with them, the level of common interest between you and<br />
how each party is likely to behave while negotiating. It will also depend on what you<br />
are negotiating and the time you have to agree.<br />
When negotiating, act according to your perception of the likely response of your<br />
counterpart. You need to prepare for how you will deal with any situation that may<br />
arise.<br />
••<br />
Task nine: Preparing my negotiating strategy<br />
Is it more appropriate for you to use a competitive or a collaborative strategy?<br />
Why?<br />
Explain and justify your choice of negotiating strategy and identify your<br />
priorities by responding to the questions below.<br />
Which negotiation strategy do you plan<br />
to use?<br />
How do you justify this choice of<br />
strategy?<br />
What issues are important for you in<br />
the negotiation? Please list them in<br />
order of priority to you.<br />
1<br />
2<br />
3<br />
4<br />
5<br />
My priorities are:<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
24<br />
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Understanding my bargaining position<br />
Questions that can help you assess the strength of your bargaining position include:<br />
••<br />
How important is my issue?<br />
••<br />
Are there several issues?<br />
••<br />
If so, what is their order of importance?<br />
••<br />
What arguments support my case?<br />
••<br />
Is my case strong enough for me to show little willingness to compromise?<br />
••<br />
Am I willing to make concessions to get an early agreement?<br />
••<br />
What counter-arguments to my arguments is my counterpart likely to make?<br />
If your counterpart needs you more than you need them, you have a good<br />
bargaining position. If you need them more than they need you, ask yourself how<br />
you can build your position.<br />
Neither party is likely to get everything they want, and you will probably need to<br />
make concessions or trade-offs to achieve a successful agreement. You will need<br />
to decide on your bargaining range. You will also need to plan your approach to the<br />
negotiation.<br />
••<br />
Click on the buttons to find out the consequences of each approach.<br />
Approach<br />
Possible consequence<br />
Make high demands early –<br />
then make concessions<br />
Make low demands early on –<br />
then make concessions<br />
Make moderate demands<br />
early – then refuse to give<br />
concessions<br />
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25<br />
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••<br />
Task 10: My bargaining position<br />
Bearing in mind your objective, strategy for negotiation and priorities,<br />
describe below your BATNA, WATNA and WAP, as well as any compromises or<br />
concessions you could make to reach agreement. Type your answers below.<br />
My Best Alternative To a Negotiated<br />
Agreement is:<br />
My Worst Alternative To a Negotiated<br />
Agreement is:<br />
My Walk Away Point is:<br />
Compromises I could make are:<br />
1<br />
2<br />
3<br />
Concessions I could offer are:<br />
1<br />
2<br />
3<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
26<br />
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Organisational, legal and ethical<br />
requirements in negotiating<br />
You may well have a handbook containing all the organisational policies and<br />
procedures that apply to your work area. These describe how your organisation<br />
complies with the law and may include how it approaches negotiation. You need to<br />
be aware of, and adhere to them. Ethical aspects relate to moral judgment and so<br />
may be referred to in your organisation’s statement of values or their policies. You<br />
should not do or accept anything that could be construed as bribery, favouritism or<br />
inequality.<br />
••<br />
Task 11: Policies, procedures and legal and<br />
ethical requirements<br />
Explore your organisation’s policies and procedures relevant to negotiating. Describe<br />
how you will ensure that you adhere to these policies and procedures as well as legal<br />
and ethical requirements when you negotiate.<br />
Type your answers below.<br />
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27<br />
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1. Opening<br />
••<br />
Meet in a quiet setting with privacy and sufficient space, without interruptions<br />
••<br />
Establish the relationship with your counterpart before starting the negotiation<br />
••<br />
Adopt a powerful mindset (Neale and Lys, 2015) and speak with authority<br />
••<br />
Be careful of what your body language is saying<br />
••<br />
Begin negotiating by summarising your opening position<br />
‘Negotiation is about finding a<br />
solution to your counterpart’s<br />
problem that makes you better<br />
off than you would have been<br />
had you not negotiated.’<br />
Margaret Neale (2015)<br />
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be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
28<br />
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2. Bargaining<br />
This is a series of exchanges in which one party<br />
makes an offer and the counterpart counter offers.<br />
You need to keep within the limits of your authority.<br />
The following checklist will help you to maximise the<br />
opportunities that arise during negotiation:<br />
••<br />
Be polite, respectful, firm and calm<br />
••<br />
Present your key commitments<br />
••<br />
Empathise with your counterpart’s point of view<br />
and assert your own<br />
••<br />
Question them for information<br />
••<br />
Emphasise common ground<br />
••<br />
Argue about interests (issues) not positions<br />
••<br />
Be flexible and anticipate compromise<br />
••<br />
Treat your counterpart as you would want to be<br />
treated regardless of how you are treated during<br />
the negotiation<br />
••<br />
Be open to creative solutions that may lead to<br />
agreement<br />
••<br />
Keep focus on your key issues and their<br />
importance to you<br />
••<br />
Be prepared to concede wisely – things that cost<br />
you little but have value to your counterpart<br />
••<br />
Always expect something in return – ‘if I give you<br />
this, then will you give me that’<br />
••<br />
Make sure everything you offer is within your plan<br />
••<br />
Summarise arguments and seek acceptance<br />
••<br />
Have the confidence not to settle for less than<br />
you feel is fair<br />
••<br />
Make sure you are not beaten down below your<br />
WAP<br />
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29<br />
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The key to successful negotiation<br />
‘Always ask for the things you<br />
want, even if you think you<br />
won’t get them.’<br />
Margaret Neale, 2015<br />
Research on the Harvard Negotiation Project (Fisher and Shapiro, 2007) has<br />
identified seven interconnected elements that are key to successful negotiation.<br />
••<br />
Click on the buttons to reveal more information about each element.<br />
1. A good negotiating<br />
relationship and rapport<br />
2. Good communication<br />
3. Interests<br />
4. Options<br />
5. Legitimacy<br />
6. Commitment<br />
7. Conclusion<br />
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30<br />
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••<br />
Task 12: Optimising opportunities when negotiating<br />
Carry out your negotiation and identify the opportunities that arose.<br />
List these in column A below. Then, in column B, describe in your own words<br />
how you optimised each of them.<br />
A<br />
The opportunities that arose<br />
during my negotiation were:<br />
B<br />
I optimised these<br />
opportunities by:<br />
How I kept within the limits of my own responsibility<br />
while optimising these opportunities:<br />
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31<br />
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Staying flexible<br />
Negotiations are often complex and uncertain. Negotiators are continuously trying<br />
to make sense out of the discussion and order the information. They may find it<br />
difficult to access relevant information rapidly or critical data may not be available.<br />
This means you need to remain flexible and open to new issues, information and<br />
opportunities to improve the quality of your agreement or add value to it as the<br />
negotiation proceeds. As cases are presented and arguments are worked out, the<br />
interests and power bases of the parties become critical.<br />
••<br />
Task 13: Adapting the conduct of my negotiation<br />
Identify the changing circumstances that occurred during your negotiation<br />
and describe how you adapted your conduct accordingly. Type your<br />
answers below.<br />
The changing circumstances that<br />
occurred during my negotiation were:<br />
I adapted my conduct by:<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part,<br />
be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
32<br />
Institute of Leadership & Management<br />
Closing<br />
For a successful negotiation resulting in action, the details should be written<br />
down and signed by both parties at the end of the negotiation. This will ensure<br />
commitments are kept and things happen as a result of your agreement.<br />
••<br />
Task 14: Making an accurate record of outcomes<br />
and agreements<br />
In your own words, respond to the questions below. Use the space provided.<br />
1<br />
2<br />
3<br />
4<br />
5<br />
1<br />
2<br />
3<br />
What were the outcomes of your negotiation?<br />
What agreements were made?<br />
What will be done as a result?<br />
Who by?<br />
When?<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part,<br />
be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
33<br />
Institute of Leadership & Management<br />
References<br />
Collins, P. (2009) Negotiate to Win: Talking Your Way<br />
to What You Want. Sterling Publishing Co. Inc., NY.<br />
Diamond, S. (2011) Getting More: How You Can<br />
Negotiate to Succeed in Work and Life. Penguin Books,<br />
London.<br />
Fisher, R. and Shapiro, D. (2007) Building<br />
Agreement: Using Emotions as You Negotiate. Random<br />
House Business Books, London.<br />
Grant, A. (2013) Give and Take. Weidenfeld and<br />
Nicolson, London.<br />
Hames, D. S. (2011) Negotiation: Closing Deals,<br />
Settling Disputes, and Making Team Decisions. Sage,<br />
Thousand Oaks, CA.<br />
Lewicki, R. J. Saunders, D. M. and Barry, B. (2015)<br />
Negotiation. 7th ed. McGraw Hill Education, NY, USA.<br />
Neale, M.A. and Lys, T.Z. (2015) Getting More<br />
of What You Want: How the Secrets of Economics<br />
and Psychology Can Help You Negotiate Anything in<br />
Business and Life. Profile Books, London.<br />
Spangle, M. and Isenhart, M.W. (2003)<br />
Negotiation. Communication for Diverse Settings.<br />
Sage, CA. USA.<br />
Thompson, L.L. (2006) Negotiation Theory and<br />
Research, Psychology Press, Hove.<br />
Tversky, A. and Kahneman, D. (1974) Judgment<br />
Under Uncertainty: Heuristics and Biases.<br />
Science, 185, 1124-1131.<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part,<br />
be copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.
34 Institute of Leadership & Management<br />
••<br />
Task checklist<br />
Below is a list of all the practical exercises in this workbook to<br />
help you record your activity. Completing these will give you<br />
the practical skills you need to have successful negotiations.<br />
Strategy for negotiating<br />
Extent of my authority when negotiating<br />
Use of negotiating techniques<br />
Researching my counterpart in a negotiation<br />
Dealing with cultural differences<br />
Determining my purpose, scope and objective<br />
How I believe my counterpart is likely to negotiate<br />
Researching the strengths and weaknesses of<br />
my counterpart<br />
Preparing my negotiating strategy<br />
My bargaining position<br />
Policies, procedures and legal and ethical requirements<br />
Optimising opportunities when negotiating<br />
Adapting the conduct of my negotiation<br />
Making an accurate record of outcomes and agreements<br />
Copyright © The Institute of Leadership and Management 2015. These materials may not, in whole or part, be<br />
copied, reproduced, communicated, or otherwise distributed without the prior written permission of ILM.