Achieve More Effective Negotiations Essay

Question:

Dsicuss about the Achieve More Effective Negotiation.

Answer:

Introduction

In case of any kind of transaction negotiation is an integral aspect. For effective dispute resolution, negotiation would result in win-win situation for the involved parties.

Thus, the discussion would focus on analyzing the ways of effective dispute resolution, principled negotiation, BATNA.

Dispute and its outcome

In case of Mrs. Z [author’s aunt] was looking for incorporation of approximately 12 feet of custom gutter in her house. For this work to be done, it required similar type of custom made molding which the contractor had installed around her entire house. No other contractor was willing in making investment for making customer molding for the purpose of getting done such a small job. On the part of the original contractor i.e. Peter had the awareness regarding this fact. When Mrs. Z called him up for getting a bid, Peter bid $25000 for the work which a half-day work. Mrs. Z approached the author and asked for advice, among the different approaches associated with negotiating, the hard approach was suggested. It is because of this suggestion; she proposed that she would make a payment of maximum of $10000. As a result of undertaking hard vs. hard approach the outcome was lose-lose on the part of both the parties. The outcome in this case was not desired which resulted in lose-lose situation on the part of both the involved parties. The main reason for lack of success in this scenario is due to the fact that the undertaken approach focused on positional bargaining[1]. It is due to this approach adopted on the part of both the involved parties they took a position and argued on its favor. It is because of this focus on positional bargaining which made both the parties to be their adversaries. It is because of implementation of this approach the argument between the parties turned out to be unproductive and unwise in nature, leading to no gain on the part of the involved parties. Positional arguments are inefficient as well, providing with no effective solution, wherein the relationship between the customer and the service user gets endangered[2]. Thus, it is due to the above mentioned aspects associated with positional bargaining which made this negotiation process to be ineffective in nature.

Principled negotiation

On getting the scope of dealing with the similar situation in the future, for the purpose of ascertaining effective outcome for resolution of the issue, principled negotiation would be used. It is with the help of implementation of the approached of principles negotiation, the parties involved in this case will be dealt in a manner as problem solvers rather than treating the other person on the opposite side as the problem dealing it empathically. This would help in consideration of the issues of both the sides. This would also make it essential to separate individuals from the issue[3]. In addition to that, in principled negotiation, makes it essential to two interests of the negotiator which includes interest in the substance and interest in the relationship. This would result on the part of Mrs. Z to make the payment to an extent to which Peter would be able to agree with and at the same time preserve their long relationship. In addition to that with the help of implementation of principled negotiation, the interests on the part of the involved parties would be focused upon rather than highlighting on their positions. It is with the help of focusing on the part of interests on the part of the involved parties i.e. Peter making the needed benefit and Mrs. Z getting the work done at a reasonable price would result in expanding the options of agreement along with increased number of opportunity for satisfying the needs of the involved parties[4]. With the help of implementation of principled negotiation, inventing options would be needed that would result in mutual gain. Thus it is with the help of implementation of the above discussed aspects of principled negotiation, the interest of both the parties would be taken into consideration wherein the involved individual will not be considered to be the problem and with the help of inventing options which would ascertain mutual gain.

Interests, BATNA and options

In regards to interests and BATNA on the part of the involved parties in this case, the interest of Mrs. Z is to get the work for her home get done in the affordable price. However, het BATNA in this case is weak. It is due to the fact that Peter is aware regarding the weakness that no other promoter would take the work. Due to this, the only BATNA available for her is to give up the idea of getting the work done and not provide him with the contract[5]. On the part of Peter, his interest is to maintain the customer relationship and maintain optimum relationship. His BATNA is strong in this situation due to his awareness of her weakness, wherein hi BATNA is providing her with limited margin to which he cannot be pushed further[6].

The options available for dealing with this conflict are, getting the work done on the terms i.e. the amount demanded on part of Peter as Mrs. Z’s BATNA is weaker in this scenario because no other promoter were willing to take up the work. The other available option is to provide Mrs. Z with a marginal discount. On comparing both the options, it may be observed on opting the first option, the interest of Mrs. Z would be addressed partially, as, though the work would get done but at a much higher price[7]. The interest of Peter of making optimum benefit would get addressed. However, on choosing the second option, Mrs. Z’s both the interest and Peter’s interest of making benefit as well as maintaining customer relationship would remain maintained. Thus opting for the second option would be effective in dealing with the case scenario.

Conclusion

Thus it may be stated that negotiation is a complex process which is multi-layered in nature. It makes it essential to focus on interest of the involved parties making the negotiation effective.

References

BATNA Basics: Boost Your Power At The Bargaining Table (2012) pon <

Dispute Resolution (2017) legalaid <

Fells, Ray, Effective Negotiation (Cambridge University Press, 2016)

Lens, V., "Principled Negotiation: A New Tool For Case Advocacy" (2007) 50(5) Social Work

Marsden, Gregory, "Negotiating In Good Faith: Walking Away To BATNA Under The Civil Law" [2013] SSRN Electronic Journal

Pistone, Renee A., Case Studies: The Ways To Achieve More Effective Negotiations (2007) pepperdine <

Spacey, John, 7 Examples Of BATNA (2017) Simplicable <

[1] Dispute Resolution (2017) legalaid <

[2] Renee A. Pistone, Case Studies: The Ways To Achieve More Effective Negotiations (2007) pepperdine <

[3] V. Lens, "Principled Negotiation: A New Tool For Case Advocacy" (2007) 50(5) Social Work.

[4] BATNA Basics: Boost Your Power At The Bargaining Table (2012) pon <

[5] Gregory Marsden, "Negotiating In Good Faith: Walking Away To BATNA Under The Civil Law" [2013] SSRN Electronic Journal.

[6] Ray Fells, Effective Negotiation (Cambridge University Press, 2016).

[7] John Spacey, 7 Examples Of BATNA (2017) Simplicable <

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