Stress of Negotiations
Let us never
negotiate out of fear,
but
let us never fear to negotiate.
John F. Kennedy
Negotiations - the discussions, deliberations, debates,
presentations, differences sorted out, that lead to understanding and
settlement, agreement reached - is a method by which people settle their differences.
They are referred to as talks in the diplomatic parlance. It is the process
that causes lot of stress, anxiety, confusion, worry, fear and sometimes the
mood swings too, to those who have to participate in negotiations the next day,
because the outcome depends on the skill, experience, knowledge, reasoning,
logic, tricks of the trade and application thereof by the other party to the
issue and the spontaneous response one gives to guard ones on interest without
harming the continuation of the negotiations. One can also say that negotiations
represents the degree of compromise each party can make to settle the issues. Accommodation
and collaboration are also negotiations, where sense of co-operation is more on
the part of the participants.
Life itself is more or less is a process of compromises, some short term
others lifelong. We seldom get in full what we desire, because what we deserve
is always measured with bias in one’s favour and what we get is always either a
compromise by someone else or it needs approval of someone else. The biggest
event of human life getting one’s life partner whether by marriage or
otherwise, may be as a result of love or arranged is the biggest example of
compromise in life. Honour religiously the compromise made, agreement reached
it would become source of peace like in marriage a wonderful wife, smiling
children and love all-round, if you are not happy with the compromise made by
spouses the situation may lead to divorce even otherwise it is a nagging worry.
Choice lies with you.
Compromise is based on the concept that no human being,
situation, circumstances, environment is perfect to the last point. It is common saying
that one can’t please everybody. Remember that negotiating means compromise -
need to look out for yourself, but also be willing to budge in order to satisfy
the other parties. Negotiating is to build professional relationships rather
than burning bridges on your way out of the conference room. Compromise is
universal and a part and parcel of human existence on this planet.
Victories, defeats, strikes, lockouts, surrenders, withdrawals, end of
wars, takeovers, amalgamations, settlements, mergers, compromises, are all ultimately the result of table talks,
the negotiations the compromises between the parties involved. Negotiated
settlements say agreements are result of multiple sittings, however sometimes
single sitting do yields wonderful results. However, when vital interests are
involved and nobody is ready to budge, even to carry on talking for long time
is a big achievement
Negotiations are between the warring groups sometimes when one has been
brought to his knees like military surrenders and sometimes to settle the issue
amicably. Negotiations, are also termed as consultations in business
organizations and other employing sufficient number of employees like Govt
where it is a regular process to address the issues as they arise so that the
organizations work smooth for all round development of the institution. In
India, Govt has a set up and calls it Joint Consultative Machinery where Govt
and employees representative meet regularly.
No negotiations can yield positive results unless both
the parties go to the negotiation table with open mind, deep study of the
issues involved, authentic facts and figures known to both the parties and
their factual and financial consequences accepted gracefully. In fact, before
the discussions start both parties should have identical set of documents even
if it involves exchange of some documents, fundamental is authenticity of
documents should be logically proved. Respect for the rights, privileges and
genuineness of the claims of the other party appreciated thoughtfully is
another essential to make the negotiations fruitful.
Venue of negotiations has its own importance: it should be
conducive to long hours of sitting: people should otherwise love to stay in
such surroundings. Conducive surroundings keeps one in positive and
contributing mood and on the side of solutions.
Similarly the refreshment served during the proceedings should
be attractive to both eyes and taste: I recollect of a purview meeting was to be
held with print and electronic media when my boss told me that the participants
at no point should be left alone and idle
and also that the refreshment served should pleasing to the eyes, taste
and sufficient, his intention was to keep the people engaged for sufficient
time to build their interest in the event and its importance and to explain
them why the publicity is essential. Next day we were too happy to find our
story covered by every newspaper.
“Negotiation in the classic diplomatic sense assumes
parties more anxious to agree than to disagree.”
– Dean Acheson
Only
those persons who are competent, on behalf of their organization, to take
decision, agree or disagree, on the spot
should be part of the negotiations otherwise they are always
inconclusive and irritating. Concepts of ratification should be kept away from
the decisions taken at the negotiating table as that keep everything said and
done at tender hooks.
Negotiations
are an impersonal process carried out by the individuals on
behalf of their organizations as such nothing said and done should be taken as
personal otherwise they are likely to breakdown without any serious cause. We
should be respectful, polite, polished and well behaved with all those present
on the negotiation table irrespective of the individual status or position in
the respective organization. Table is a meeting point and all are equal. Negotiating
place should look like a family gathering instead of warring groups meeting
each other to gain maximum. Some organizations employ outsiders as negotiators
on their behalf but this has seldom given encouraging results that is why now most
of institutions has barred the entry of outsiders in the negotiation process. Negotiators
should always be insiders who have stakes in the success of the institution and
the agenda.
“During
a negotiation, it would be wise not to take anything personally. If you leave
personalities out of it, you will be able to see opportunities more
objectively.”
– Brian Koslow
Conduct
of negotiations is a very special skill to learn. It
is skill which has to be developed and not inherited. In fact, it is cumulative
experience, learning, knowledge, skills and wisdom of decades together brought
on the negotiating table. It requires a special temperament, those who are hot
headed or lose their temper quickly are not fit for this type of
responsibilities. Negotiators have nerves of steel and they do not bow down
under pressure. They are positive and active people always in mood to carry on
and not to break. They assess the other party from the few words spoken, their
body language and the emotions on the face, at the same time go only by facts
and not by emotions. They go to the table well prepared not only about the
details, depths and consequences of their own case but usually knowing more
than the other party knows about their own case and its implications. They are
always fresh and updated about the agenda for the negotiations. They are good
listener a skill which very few learn in their life. Silence at appropriate
time can force the other party to reconsider its stand. They are effective
communicators and know how to make their voice heard when needed. They do not
hesitate to use their trump cards that is normally known to them and to very
few others only, at appropriate time when it happens to be useful. They are
masters of the show. They are imaginative and to act purposefully on the spur
of moment is their quality. However nobody can predict the outcome of the
negotiations.
There
will be dark and tangled stretches in decision making process – mysterious even
to those who may be most intimately involved.
John
F. Kennedy
There
is no set pattern as to how the negotiation should move.
However there is no reason as to why or why not parties should move as per the
agenda. The best course as to build the confidence of both sides is to short
list those items which are of least importance and of quick agreement that help
to exchange pleasantries and move further with hope and satisfaction.
However war treaties are as dictated by the Victor
only; the mercy or foolishness of the victor may give something to the
loser: but in a commercial or Union Management agreement both parties must
share the fruit of negotiations and it should
be win-win situation where both sides feel they have gained something
positive through the process of negotiation and both sides feel their point of
view has been taken into consideration.
“You
must never try to make all the money that’s in a deal. Let the other fellow
make some money too, because if you have a reputation for always making all the
money, you won’t have many deals.”
– J. Paul Getty
Real negotiations are
always between the opposite parties like management and Unions, a seller and a purchaser
or any other parties where gain of one is loss of the other. In such situations both have the limitations, that is how
far one can go or how far one can reduce his own margin and if stretched beyond
that point the negotiations break. This gap between the interests of the
warring groups is the real playing field for the negotiators. For example a
workers Union may demand to have 20% increase in their wages whereas the
management is ready to give 10% however if stretched a little they can go up
13%. This difference between 10% and 20% is the real playing field, it is upto
the Unions to negotiate and claim as much as they can convince but not beyond
13% where the negotiations would perhaps break: so avoid the breaking of
negotiations and claim the maximum that is the skill of the negotiators. This
is the Zone of Potential Agreement (ZOPA).
Negotiations end with signing of an Agreement in the language understood
by both the parties: that should be clear concise, easily to interpret and
progress measure able on time to time basis with an implementation schedule and
a procedure to eliminate confusion and misunderstandings, if any.
“If you come to a negotiation table saying you have the
final truth, that you know nothing but the truth and that is final, you will
get nothing.”
– Harri Holkeri
Is it always essential to have a negotiated settlement: the positive
answer is absolutely not. Both parties must understand each other and take care
of others problems and weaknesses - the weak points and help to maximum use his
strengths. Such behavior is always satisfying and builds relationships. Such an
approach provides one greater independence from the other side and gives time
to evaluate other sides proposals and position vis-à-vis your own position and
proposal and certainly is more peaceful and stress free. This type of understand
can save many marriages in personal life and many strikes and lockouts in
business organizations. In fact the best employer is one who can take care his
employees without having a formal meeting with the Union. In fact, Union or No
Union employer takes care of all genuine demands and requirements of the
employees. Such a behaviour can be
termed as an Alternative to a Negotiated Agreement rather Best Alternative to a
Negotiated agreement.
Agreements, pacts, treaties, settlements, memorandums of
understanding call by whatever name, the occasion demands, they are the
instruments of peace, tranquility and development for the parties concerned and
the organizations.
