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ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
MUTUAL GAINS NEGOTIATIONMUTUAL GAINS NEGOTIATION
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
2
Course ObjectiveCourse Objective
• Gain a useful and practical understanding of Concepts of the Mutual Gains Negotiation Process, Strategies, Techniques, and Purpose
• Develop the Ability to Apply Mutual Gains Concepts and Techniques to everyday negotiations, and Consultant Agreements
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
3
What is Negotiation?What is Negotiation?
• Negotiate: To confer, bargain, discuss with a view to reaching agreement; to make agreements for; to settle; to conclude; to succeed in crossing, surmounting, accomplish
• Latin: Negotium-business or Negotiatus-to carry on business
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
4
What is Negotiation?What is Negotiation?
• Negotiation = Business
• Negotiation can determine profitability and livelihood
• Negotiation protects the interests of all parties
• Negotiation is a critical step toward the successful completion of any project
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
5
Negotiation Is NOT….Negotiation Is NOT….
• A Contest or Game
• A method of determining a Winner and Loser
• A means of carrying out a personal vendetta or grudge
• A “one-size fits all” formula
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
6
Negotiations are EverywhereNegotiations are Everywhere
• In everyday life with friends and family
• In politics and government
• In business
• In scholastics
• In law; in and out of the courtroom
• In every organization, regardless of its size or complexity
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
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The IssueThe Issue
• Negotiations fail often
• Mutual agreement is rarely achieved
• Preconceived Arguments or positions are pushed onto the issue at hand
• Time, efforts, and money are wasted
• Relationships are damaged
• Often parties leave in a worse position than they started
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
8
Why Negotiations FailWhy Negotiations Fail
• Negotiations are viewed as a trade-off process (zero-sum)
• Parties give into the three “E”s: Ego, Emotion, Escalation
• Parties never develop a systematic, step-by-step approach to negotiation
• Parties never realize how their behavior will affect others
• We let “What we have always done” dictate what we do today.
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
9
Three Areas of NegotiationThree Areas of Negotiation
• The Process- how we go about our negotiation
• The Substance- what we are negotiating for; what we see as “on the table”
• The Relationships- often overlooked, and underestimated, and regularly the first thing sacrificed
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
10
Traditional NegotiationsTraditional Negotiations
• Establish Extreme Positions: Always start at one end or the other and work toward the middle
• Never accept or make the first offer
• Never tell them what you really want
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
11
Traditional NegotiationsTraditional Negotiations
• If you concede, concede reluctantly
• Always be skeptical of the other side
• Give them as little as possible
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
12
Traditional NegotiationsTraditional Negotiations
• Usually involves “giving in”
• Becomes a contest of wills
• Strains relationships
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
13
Productive NegotiationsProductive Negotiations
• Achieve Set Goals
• Produce Agreements that benefit all parties
• Improve and sustain healthy relationships
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
14
Goals of Negotiation Goals of Negotiation
• Achieve an agreement that is acceptable to all- Satisfies all of our interests and enough of theirs- no one feels taken
• Explore all options and select the best using legitimate criteria
• Establish an agreement that can succeed
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
15
How to Achieve Goals of Negotiation How to Achieve Goals of Negotiation
• Focus on Interest- not position– Interest: “we have to really watch our budget”
– Position: “there’s no way we are going to pay more than…”
• Invent Options for Mutual Gain
• Establish legitimate Criteria for evaluating interest
• Determine your Best Alternative To a Negotiated Agreement
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
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A New ModelA New Model
4 Steps to Mutual Gains
1.PREPARE
2.CREATE VALUE
3.DISTRIBUTE VALUE
4.FOLLOW-UP
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
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Step 1: PrepareStep 1: Prepare
• Determine your purpose and define your team
• Estimate your BATNA
• Try to improve your BATNA
• Define your Interests
• Try to estimate their interests
• Prepare options that could benefit both parties
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
18
Determine Your Purpose and Define Your TeamDetermine Your Purpose and Define Your Team
• What is my role in the negotiation, and who will assist me in the process?
• Who will gather what information?
• Who will participate in the negotiations?
• Who has the authority in the negotiations?
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
19
Focus on InterestsFocus on Interests
What are Interests?
• Interests are the reason for positions
• More than one position can achieve a particular interest
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
20
Focus on InterestsFocus on Interests
• Identify the interest of all your stakeholders
• Analyze and Prioritize your interests
• Consider the other party’s interests
• Identify personal and professional interests
• Communicate interests in a clear and concise manner
• Identify conflicting and compatible interest to establish common ground
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
Estimate InterestsEstimate Interests
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
Estimate InterestsEstimate Interests
OURSOURS
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
23
Estimate your BATNAEstimate your BATNA
• BATNA’s are not negative
• A BATNA is your best option to not agreeing
• Your BATNA has to be something you are willing to accept
• Your BATNA should not be detrimental to your business
• No Party should be forced into a contract they cannot live with
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
24
Prepare Options for Mutual GainsPrepare Options for Mutual Gains
• Think about negotiations in a different light
• Brainstorm, invite outside suggestions, be creative
• Note the obvious without focusing on it
• List options with positive statements (recognize the down-side, but emphasize the up-side)
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
25
Step 2: Create ValueStep 2: Create Value
• Suspend criticism
• Discuss the interests of all parties
• Make suggestions without making commitments
• Make the pie larger
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
26
Suspend CriticismSuspend Criticism
• Listen
• Evaluate, without criticism
• Remove the person from the idea
• View your counterpart as a partner not an opponent
• Ask “Why?”
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
27
Discuss InterestDiscuss Interest
• Always reveal your interest not your BATNA
• State what you believe their interest may be
• Listen, listen, listen…
• Take careful notes
• Focus on the issues, not the position
• Ask “Why?”
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
28
Make SuggestionsMake Suggestions
• Brainstorm with all parties
• Invent without committing- “What if we…”
• Propose multiple ideas together
• Put the extremes on the table
• Avoid the “Fixed Sum Game”- the “split the difference” solution
• Load the table with ideas
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
29
Step 3: Distribute ValueStep 3: Distribute Value
• Develop the relationship-build trust
• Establish legitimate criteria
• Suggest possible distributions
• Settle on the strongest agreement
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
30
Develop the RelationshipDevelop the Relationship
• Separate substantive issues from relationship issues
• Honesty builds trust
• Listen to their views and interests
• Clarify-restate what’s been said
• Recognize emotional reactions
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
31
Develop the RelationshipDevelop the Relationship
• Examine preconceptions and biases
• Attempt to identify their preconceptions
• Try to understand their mind set- Where are they coming from?
• Attempt to take a fresh approach
• Remember, take a partnering approach
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
32
Establish CriteriaEstablish Criteria
• External standards of fairness
• Market value, historical data, indices, averages, etc.
• PennDOT Staff Hour Estimating Guide (SHEG)
• Develop criteria to support your interests
• Be open to theirs
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
33
Suggest Possible SolutionsSuggest Possible Solutions
• Work to improve each suggestion
• Get as far away from the BATNA as possible
• At minimum – develop one solution that is fair to both parties
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
34
Step 4: Follow UpStep 4: Follow Up
• Conduct Biennial Review of SHEG
• Establish periodic reviews of process
• Ensure controls/incentives are in place
• Have a dispute resolution plan
• Improve relationships
• Continual metric evaluation
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
35
Strategies for SuccessStrategies for Success
• Change the game to problem solving
• Reveal your interests and discuss theirs
• Ask why (why not) to get past positions
• Invent options without committing (what if)
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
36
Strategies for SuccessStrategies for Success
• Analyze mutual interests and conflicting ones to strike balance
• Foster cooperative atmosphere
• Discuss process and logistics before substance
• Be creative
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
37
Strategies for SuccessStrategies for Success
• Ensure your interests have legitimate criteria
• Identify examine and challenge all your assumptions
• Listen for their assumptions without judging
• Respond to reasoned arguments, never to pressure
• Use objective criteria
ACEC/PAA C E CM ERICAN OUN CIL OF NGINEERING OMPANIES
of Pennsylvania
QUESTIONS?QUESTIONS?
DISCUSSION?DISCUSSION?