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Contents 4 Negotiation International Negotiation - Professional -
Contents • • • I. BASIC FACTORS AFFECTING NEGOTIATIONS II. PREPARATION STAGE III. PRELIMINARY STAGE Ⅳ. NEGOTIATION ENGLISH Ⅴ. FOREIGNER’S VIEWS ON NEGOTIATION STYLES OF KOREAN Ⅵ. U. S. NEGOTIATION STRUCTURE Ⅶ. HYUNDAI MOTOR – ALABAMA CASE Ⅷ. INFORMATION STAGE IX. NEGOTIATION GAMES/TECHNIQUES Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE XI. COOPERATIVE/INTEGRATIVE STAGE
I. BASIC FACTORS AFFECTING NEGOTIATIONS 1. Human Behavior - All bargaining involves social interaction, an understanding of general principles of human behavior is essential - Psychological and sociological factors significantly influence the negotiation process
I. BASIC FACTORS AFFECTING NEGOTIATIONS • • • 2. Methods of Communication Verbal discourse Meaning apparent on face Meaning equivocal Negotiators should listen for "verbal leaks“ that are associated with equivocal statements Nonverbal signals Obvious examples (loss of temper; open expression of pleasure, relief, etc. ) Subtle varieties (furtive expression, telltale mannerisms, gross body movement, etc. )
I. BASIC FACTORS AFFECTING NEGOTIATIONS • • • 3. Consideration of Personal Needs Own side's direct and indirect needs What are your underlying interests, and how may they be satisfied? Try to recognize your own indirect motivational forces Try to discern the manner in which your opponent perceives the needs of your side, because this may significantly affect your interaction
I. BASIC FACTORS AFFECTING NEGOTIATIONS - Opponent's direct and indirect needs • Direct objectives of present negotiation : What are the opponent’s underlying interests, and how may they be satisfied? • Indirect personal needs (motivational forces): -need for retribution, alleviation of internal tension, ego gratification, acceptance in relevant community, etc.
I. BASIC FACTORS AFFECTING NEGOTIATIONS - 4. Negotiation Styles of Participants - COOPERATIVE/PROBLEMSOLVING • Move Psychologically Toward Opponents • Try to Maximize Joint Return • Seek Reasonable Results • Courteous & Sincere • Realistic Opening Positions • Rely on Objective Standards To Guide Discussions • Rarely Use Threats • Maximize Information Disclosure • Open & Trusting • Reason With Opponents - COMPETITIVE/ADVERSARIAL • Move Psychologically Against Opponents • Try to Maximize Own Return • Seek Extreme Results • Adversarial & Disingenuous • Unrealistic Opening Positions • Focus on Positions Rather Than Neutral Standards • Frequently Use Threats • Minimize Information Disclosure • Closed & Untrusting • Manipulate Opponents
I. BASIC FACTORS AFFECTING NEGOTIATIONS 5. Type of Negotiation - Emphasize areas of agreement, since this approach tends to diminish impact of controverted areas - one-time interactions v. continuing relationships - the negotiated agreement is to be satisfied immediately v. to be carried out over a period of time
II. PREPARATION STAGE 1. • • • Basic Areas Be fully prepared regarding relevant facts and law, Plus any relevant economic and/or political issues Prepare all relevant arguments supporting own positions-- Consider innovative formulations Anticipate opponent's arguments and prepare effective counterarguments-- This will bolster own confidence and undermine that of opponent. Try not to over-estimate own weaknesses or to ignore weaknesses influencing your opponent What is your BATNA (Best Alternative to Negotiated Agreement) – i. e. , your Bottom Line What is your opponent’s BATNA – Try to appreciate Options and pressures affecting your opponent
II. PREPARATION STAGE 2. Assumptions • Regarding own position • Regarding adversary's situation – Try not to use your own value system when evaluating opponent's likely position but endeavor to really place yourself in shoes of opponent
II. PREPARATION STAGE 3. Establishment of Aspiration Level • Seek high, yet seemingly "reasonable" initial positions that will not cause opponents to lose all interest • Try to offer opponents terms that seem like gains rather than losses because of gain-loss framing • Be aware of impact of the endowment effect – Persons who own something tend to over-value those items while people who are thinking of buying the same items tend to under-value those goods • Establish "principled opening positions” that can be defended "objectively" when presented to adversaries
II. PREPARATION STAGE 4. Planning Strategy and Tactics • Carefully plan your desired methodology as if you were choreographing the movement from your opening offer to your desired objective. • Consider appropriate modifications to your plan that may be necessitated by changed circumstances that may arise during the negotiations (e. g. , overly generous first offer or unexpectedly large subsequent concession by opponent). - a. Imagine a road map with various routes from opening position to ultimate objective - b. You must be prepared to change routes in response to opponent tactics
II. PREPARATION STAGE 5. Must Develop Strategy that Will Result in Final Offer Opponent Will be Tempted to Accept
II. PREPARATION STAGE • 6. Must Always Remember Best Alternative to a Negotiated Agreement
III. PRELIMINARY STAGE 1. Initial Exchange of Professional/Personal Information - Status Factors: • Name of participants • Educational background. • Possible professional name-dropping. - Experience Factors: • General experience. • Familiarity with areas relevant to particular matter to be negotiated
III. PRELIMINARY STAGE 2. Establishing Overt Tone of Negotiations • should initially reestablish rapport with opponents they already know and work to establish rapport with opponents they don’t know • should look for common interests that may make them more likeable since it is harder to reject requests from people we like than from persons we dislike • may have attended the same schools, they may like the same sports, music, or other activities, or they may share other interests
III. PRELIMINARY STAGE • • 3. Use “Attitudinal Bargaining” to Set Tone When opponents depersonalize interactions, take the time to establish more personal relationships - Use warm handshakes and other casual touching, and maintain non-threatening eye contact - to make it more difficult for your opponents to employ inappropriate tactics against you If you are negotiating in opponent offices and feel uncomfortable, Don’t hesitate to rearrange the furniture or select another chair that will be more comfortable When your opponents leave the office to get a file or some coffee, take their seats and indicate, when they return, that you prefer the view from those locations When opponents appear to begin interactions in negative moods, take the time to generate more positive moods by indicating the mutual benefits to be derived from the immediate interactions
III. PRELIMINARY STAGE 4. Begin Negotiation Process with Cooperative and Trusting Attitude • Encourages cooperative behavior and enhances probability of negotiation success. • Generates mutually beneficial relationships that will enhance future dealings
III. PRELIMINARY STAGE 5. Negotiation Process Begins with First Contact with Opponents • Parties who initially dictate the time, date, and location for interactions may gain an important psychological advantage even before the substantive discussions have begun
Ⅳ. NEGOTIATION ENGLISH 1. Setting the Stage • The Welcome - Welcome to Korea. - It’s a pleasure to see you here. - Thank you for coming all this way. - It’s nice you could be here. - It’s nice to be here • The Introduction - Let me introduce myself. - Let me introduce Mr. Sung, He is the Director of International Cooperation. • The Background Statement - Relationship and General Purpose - Power - Probability of Agreement
Ⅳ. NEGOTIATION ENGLISH • Relationship and General Purpose - We are delighted to be here today to discuss expanding economic tie with your country. - It is always a pleasure dealing with you. - We are very pleased with your support for the launch of free trade agreement negotiations. - We are pleased to talk to you about including automobiles in the commodities sector. - The main purpose of today’s meeting is to finalize on the sectors we need to discuss toward a free trade agreement. - Today we would like to discuss criteria for imposing antidumping tariffs. - We’re looking to achieve a mutual cooperation on government procurement sector. • Power - We have done some research on export-import balance with your country. - Our research indicates that the total amount of imports from your county greatly exceeds the amount of exports to your country. • Probability of Agreement - I believe we will be able to reach a mutually satisfactory agreement. - I am confident we will find a way to reach an acceptable agreement. - I am sure that we will come to an agreed upon solution by the end of the day.
Ⅳ. NEGOTIATION ENGLISH Questioning Skills • Direct Questions - What sort of agreement are you aiming for? - Are you able to split the difference? - What type of additional options can you include in the contract? • Indirect Questions - What type of settlements have you agreed on in the past? - How is your overall budget structured? - Tell me about the types of services your company offers for contract support. • Closed Questions - Do you agree with us? - Is this your main concern? - Do you hope to get a draft proposal by the end of this week? - Do you have any other options? - Is this suggestion acceptable? • Open-ended questions - What issues do you see that we need to come to agreement on? - What is your main concern? - What would you like to achieve through this negotiation? - What other options have you thought of? - What are your thoughts about this suggestion?
Ⅳ. NEGOTIATION ENGLISH Persuading Skills • Point - Convincing the U. S. government to exempt all our products made in Mexico from high tariffs is the key to promoting foreign investments in Mexico • Reason - Many Korean companies are planning to move their plants to the countries that have already made free trade agreements with the U. S. • Example - For example, Samsung Electronics Co. is planning to build several more plants in Mexico over the next three years. Hyundai Motor Co. is also planning to build an assembly plant in Mexico soon. ” • Point - Therefore, I firmly believe that exempting all our products made in Mexico from high tariffs will expedite foreign investments in your country
Ⅳ. NEGOTIATION ENGLISH Overcoming Barriers • Position to Interests - What if it were New York and Washington D. C. that were within immediate striking range of North Korean military weapons? - What makes that fair? • Adversarial tactics to collaborative negotiation, Aggressive behavior to assertive behavior - What would you do in my shoes? - Correct me if I’m wrong. - Let me ask your advice. - How would you improve this? • Narrow thinking to broader thinking, resistance to co-operation, refocus from problems to goals - What are your major concerns? - We are interested in finding ways to meet those concerns. - We are sure you have a good reason for refusing this offer. Could you please share it with us? - To help us better understand your thinking, could you share with us your goals for these agreement?
Ⅳ. NEGOTIATION ENGLISH Closing • Closing Signal - That brings us to the end of our meeting. - I think we have covered everything. - If there isn’t anything else, then why don’t we conclude our meeting? • The summary of the main points and the progress - Let’s go over the main points we agreed upon. - Let me also add some of the main points we've agreed upon. - We have agreed upon these points, and these are still outstanding. • The Agreed upon Follow-up Documentation - We’ll put this in writing and have it mailed off to you by tomorrow. - We should have a detailed summary ready by Saturday. - Can we have a draft of this before the next meeting? • Scheduling the Next Meeting - When would be a good time for us to get back together? - Would you be available for another meeting? - Let’s get together again next week. How about Friday? • Formal conclusion - I’d like to thank all of you for coming. - I’m sure you’d agree we had a successful meeting. - I really appreciate all the progress we made today. - I look forward to seeing you again next week.
Ⅴ. FOREIGNER’S VIEWS ON NEGOTIATION STYLES OF KOREAN Attitude 1. Koreans are difficult to negotiate with. • 82% of non-Korean respondents agreed. • 54% of Korean respondents agreed. 2. Had difficulty trusting Korean counterparts. • 54% of non-Korean respondents agreed. • 22% of Korean respondents agreed. 3. Korean counterparts were not trusting. • 61% of non-Korean respondents agreed. • 27% of Korean respondents agreed. 4. Korean negotiators are aggressive. . • 73% of non-Korean respondents agreed. • 66% of Korean respondents agreed. 5. Korean negotiators are narrow-minded. • 62% of non-Korean respondents agreed. • 54% of Korean respondents agreed. 6. Korean negotiators lack creativity. • 65% of non-Korean respondents agreed. • 46% of Korean respondents agreed. 7. There is a racial bias in Korea. • 62% of non-Korean respondents agreed. • 51% of Korean respondents agreed. 출처: 주한미국상공회의소 설문 결과
Ⅴ. FOREIGNER’S VIEWS ON NEGOTIATION STYLES OF KOREAN Value 1. Korean negotiators place a great deal of value on getting a better deal than the other side. • 86% of non-Korean respondents agreed. • 93% of Korean respondents agreed. 2. Understanding the other side’s position was valued by Korean negotiators. • 16% of non-Korean respondents agreed. • 25% of Korean respondents agreed. 3. Treating the other side as a partner was of value to Koreans. • 16% of non-Korean respondents agreed. • 25% of Korean respondents agreed. 4. Korean counterparts placed little value on a free and open exchange of information. • 70% of non-Korean respondents agreed. • 39% of Korean respondents agreed. 5. A willingness to be bound by decisions was not particularly important. • 68% of non-Korean respondents agreed. • 27% of Korean respondents agreed. 6. It is important to a Korean negotiator to have a close relationship with the other side. • 61% of non-Korean respondents agreed. • 76% of Korean respondents agreed.
Ⅴ. FOREIGNER’S VIEWS ON NEGOTIATION STYLES OF KOREAN Quality • Qualities considered important in the selection of a Korean negotiating team - The position in the company(95% of non-Koreans; 99% of Koreans) - The relationship with superiors(82% of non-Koreans; 85% of Koreans) - The relationship with the opposite party(66% of non-Koreans; 81% of Koreans) - The ability to make quick decisions(13% of non-Koreans; 39% of Koreans) - Creativity(11% of non-Koreans; 37% of Koreans) - Individuality(10% of non-Koreans; 31% of Koreans) - Flexibility(6% of non-Koreans; 39% of Koreans) - Negotiating experience (61% of non-Koreans; 67% of Koreans) • While Western companies generally expect their negotiators to work within broad guidelines and thus require a significant degree of individual creativity and independence, Korean negotiators are more likely to be closely supervised and so their creativity is restricted • Hardball Tactics - Requesting more concessions after closing the deal (57% of non-Koreans) - Making unrealistic opening offers (60% of non-Koreans) The use of time pressure to force concessions (58% of non-Koreans)
Ⅴ. FOREIGNER’S VIEWS ON NEGOTIATION STYLES OF KOREAN Decision Making • 1. Negotiation Decisions are nearly always made away from the table. - 82% of non-Korean respondents agreed. - 84% of Korean respondents agreed. • 2. Decisions, once made, are subject to approval. . - 79% of non-Korean respondents agreed. - 73% of Korean respondents agreed. • 3. Decisions only sometimes, if ever, consider the interests of the other side. - 89% of non-Korean respondents agreed. - 75% of Korean respondents agreed. • To an American or European negotiators, this may be frustrating. Western companies typically divest considerable authority in the negotiator, allowing him or her a good deal of freedom in the process of reaching a decision. While authority will, of course, be limited, a negotiator from a western firm would expect to be able to make concessions, present different positions and reach at least a provisional agreement without significant supervision by senior management
Ⅶ. HYUNDAI MOTOR – ALABAMA CASE • SWOT analysis - Strength - Weakness - Opportunity - Threat • U. S. – Alabama endeavor
Ⅷ. INFORMATION STAGE (Value Creation) 1. Seek as Much Information as Possible • while being careful not to disclose inadvertently information you wish to remain confidential • Try to ascertain what options are available to opponent if no agreement is achieved with you, since this defines that party's bargaining power.
Ⅷ. INFORMATION STAGE • • 2. Carefully Ask Information Seeking Questions Narrowly-focused leading questions generally do not elicit new information, but tend to confirm information currently possessed Broad, open-ended questions tend to elicit the most new information since they induce opponents to talk Try to maintain good eye contact during the Information Phase - Take as few notes as possible to permit you to focus upon opponent's verbal and nonverbal signals Restate in your own words important information opponent has apparently disclosed, to verify/clarify information actually divulged
Ⅷ. INFORMATION STAGE 3. Decide What Information You Wish to Disclose • Decide what information you need to disclose to opponent to facilitate negotiation process and determine how you plan to divulge this information • Information you volunteer tends to be devalued as selfserving (“Reactive Devaluation”) • Information you provide in response to opponent's questions usually considered more credible than information you voluntarily disclose in an unsolicited manner • Keep answers to opponent's questions short to avoid unintended verbal and nonverbal disclosures
Ⅷ. INFORMATION STAGE 4. Use Blocking Techniques to Protect Your Sensitive Information • Simply ignore apparent inquiry and move on to some other area you would prefer to discuss • Answer only the beneficial part of a complex question, ignoring threatening portions of it • Over- or under- answer the question propounded: - Respond generally to a specific inquiry - Respond specifically to a general inquiry • Answer a different question - Respond to one previously asked or to a misconstrued form of the inquiry actually propounded • Answer opponent's question with a question of your own - E. g. , In response to "Are you authorized to pay $100, 000, " simply ask opponent "Are you willing to accept $100, 000. “ - You may alternatively treat such question as a new offer, placing opponent on defensive • Rule the question out of bounds as an improper or inappropriate inquiry.
Ⅷ. INFORMATION STAGE 5. Plan Blocking Techniques in Advance • Since this will most effectively prevent unintended verbal and nonverbal leaks • Plan to vary your Blocking Techniques to keep opponent off balance. • Use Blocking Techniques only when necessary to protect your critical information to avoid needless loss of credibility
Ⅷ. INFORMATION STAGE 6. When Making First Offer Advantageous • When both sides are aware of narrow settlement range one side may begin with reasonable offer just inside range hoping to preempt negotiations and induce other side to accept offer without any haggling
Ⅷ. INFORMATION STAGE 7. Usually Good to Have Opponent Make First Offer • it is generally beneficial to induce opponent to make the first offer- Be certain you get the first real offer, since outrageous proposal really same as no offer • Generous initial offer may provide unexpected information - Opponent may know more about own weaknesses than you do, or has overestimated your strengths - Either occurrence should induce you to contemplate an increased aspiration level • After you receive opponent's initial offer, you can begin with position that places your goal in the middle, since parties tend to move toward center of their opening offers [“Bracketing”] • Party who makes the first offer likely to make the first concession, and studies indicate that the party who makes initial concession tends to achieve less beneficial results than opponent
Ⅷ. INFORMATION STAGE 8. Carefully Observe and Probe Opponent Observe carefully and probe opponent to ascertain his/her perception of situation, because it may be more favorable to own side than anticipated • Categories of Information Regarding the Opponent: - Personal skill - Negotiating experience - Relevant personal beliefs and attitudes - Opponent's perception of current situation - Resources available to opposing party • Sources of Information: - Choice of topics and sequence of presentation critical when multi-item negotiations are involved. - Some negotiators begin with their most important topics in effort to get them resolved quickly and diminish the anxiety they are experiencing regarding the possibility of no settlement - Increases likelihood of quick impasse over critical items and no agreement
Ⅷ. INFORMATION STAGE - Other negotiators begin with their least important items - either intending to make concessions on them to induce opponent to make subsequent concessions on major items or to obtain psychological advantage by winning minor items while creating concession-oriented attitude in opponent - Enhances probability of settlement by beginning process successfully and developing psychological commitment in participants to mutual accord - Verbal leaks and nonverbal clues • Problems of Interpretation: - Credibility of information received - Validity of your perceptions of opponent - Attribution - Meanings you attribute to opponent's ambiguous signals (verbal and nonverbal) • Verification Mechanisms: - Overall behavior patterns - Consistency of verbal and nonverbal signals - Use of questioning and probing
Ⅷ. INFORMATION STAGE 9. Objectively Explore Underlying Needs and Interests of Parties • Explore relevant factual circumstances in an objective, nonevaluative manner • Endeavor to ascertain external pressures operating on opponent • Specifically focus upon underlying needs and interests of both sides, rather than simply upon expressed positions • Remember that positions frequently reflect only some of underlying needs and interests • Use Brainstorming to generate innovative options • Discovery of undisclosed motivational factors will often enhance possibility of settlement by allowing parties to explore unarticulated alternatives that may be mutually beneficial
IX. NEGOTIATION GAMES/TECHNIQUES 1. • Nature and Objectives Seemingly ingenuous remarks that disguise ulterior motives are common to most negotiations as people endeavor to move opponents in desired direction • Psychological ploys may be used to induce opponents to respond in a beneficial way that is not based on wholly rational considerations Examples include: - False flattery to precipitate concessions - Feigned weakness to evoke sympathy - Feigned anger to generate guilt
IX. NEGOTIATION GAMES/TECHNIQUES 2. Fundamental Negotiation Games/Techniques Numerically Superior Bargaining Team Asymmetrical Time Pressure Extreme Initial Offer/Demand Probing Questions Boulwareism/Best Offer First Bargaining Range Offers Settlement Brochure Multiple Issue/Equal Value Offers Limited Authority/Lack of Authority "Nibble" Technique Decreasing or Limited Time Offers Real or Feigned Anger Aggressive Behavior Walking Out/Hanging Up Telephone Irrational Behavior Uproar Passive-Aggressive Behavior
IX. NEGOTIATION GAMES/TECHNIQUES 3. Recognition Crucial to Gamesmanship Defense • Negotiators should be aware of the types of games frequently played during negotiations and know how to recognize which tactics are being employed • Once an attempted technique is recognized, a negotiator can minimize its psychological effectiveness and perhaps even turn the circumstances to his/her own advantage.
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 1. • Each Side Trying to Maximize Result Carefully think out "concession pattern" in advance in manner that will not inadvertently disclose confidential information. You may use bracketing to keep own goal between current positions of the parties, making equal concessions until you end up in area you hoped to achieve • Start from "principled opening position” to explain and support initial presentation - To reinforce confidence in own position - To induce opponent to reassess own position • Try to make only "principled concessions”, instead of unexplainable jumps, so they can convincingly explain why a particular concession is being made and why a larger concession cannot now be provided • Avoid unreciprocated concessions in which they bid against themselves without obtaining reciprocal position changes from other side • Focus on aspiration level, not bottom line, throughout the distributive stage. Less proficient bargainers tend to focus on bottom line and relax once it is achieved, while skilled negotiators focus on aspiration level and try not to relax until they achieve real goal
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 2. Common Techniques • • • • Argument Overt threats or more subtle warnings Rational or emotional appeals Challenges to opponent's various contentions Ridicule of opponent or of his/her position Control of agenda (its content and order of items). Intransigence Straight-forwardness Flattery (including real or feigned respect) Manipulation of contextual factors (time, location, etc. , of negotiations) Humor can be used by many people to ridicule unreasonable positions being taken by opponent or to reduce built-up bargaining tension Silence (people often talk to fill silent void, thus inadvertently disclosing information) Patience (powerful weapon since many negotiators make concessions simply to end process) – Time pressure can be effectively used against opponent who has an artificially curtailed time constraint Creation of guilt or embarrassment, since such feelings often precipitate concessions
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 3. Characteristics of Persuasive Argument • Even-handed and seemingly objective • Presented in logical, orderly, comprehensive, and articulate manner to enhance cumulative impact • Beyond what is expected, forcing the opponent to reconsider his/her perception of matter in issue
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 4. Characteristics of Effective Threats • Carefully communicated to and completely understood by opponent • Proportionate to the present situation (i. e. , must constitute believable alternative to settlement) • Supported by corroborative information • Never issue ultimatum you are not prepared to effectuate if necessary
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 5. Distinguishing Between Threats & Warnings • Threats are actions communicator may take to punish recalcitrant opponent while warnings are consequences that will result from actions of others if requested behavior not carried out • Threats more disruptive than warnings since more direct affront to person being threatened than predicted actions of others • Warnings more credible than threats since appear to be beyond control of communicator.
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 6. Affirmative Promises • ("If you do this, I'll do ") • more likely to induce position change and less disruptive than negative threat/warning, due to face saving nature of promise, yet negative threat/warning more likely to be remembered than affirmative promise
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 7. Purpose of Power Bargaining • The purpose of power bargaining is to influence opponent's evaluation of: - His/her own situation - Your position and your external options - Your side's capabilities
Ⅹ. DISTRIBUTIVE/COMPETITIVE STAGE 8. Must Consider Consequences of Non. Settlement • Likely outcome if no settlement is achieved, including transactional and psychological costs - to own side and to opposing side • Total monetary and emotional costs of settlement • Impact on future dealings between the parties
XI. COOPERATIVE/INTEGRATIVE STAGE 1. Explore Alternative Formulations Once Tentative Settlement Achieved • • Although parties may be mentally exhausted and want to memorialize their agreement, they should briefly explore alternative formulations that may be mutually advantageous but were previously ignored While minimal candor is required during this part of interaction, even Cooperative Stage continues to have a competitive aspect, since each side is still trying to obtain as much as possible from opponent
XI. COOPERATIVE/INTEGRATIVE STAGE 2. Tell Opponent You Are in Cooperative Phase • Be certain opponent recognizes that you are engaged in "cooperative bargaining" at end of "Closing Stage, “ since your proposed alternatives may be less beneficial to him/her than your tentative agreement, and if he/she does not realize that you are simply exploring possible alternatives, claims of bad faith or deceit may arise
XI. COOPERATIVE/INTEGRATIVE STAGE 3. Carefully Review the Final Terms Agreed Upon • If any misunderstandings are found, this is the best time to resolve them since the parties are psychologically committed to a final accord • If misunderstandings are not found until later, they are likely to be more difficult to resolve
XI. COOPERATIVE/INTEGRATIVE STAGE 4. Prepare Final Agreement Whenever Possible • it is beneficial to draft the final agreement- While no attorney should contemplate the deletion or alteration of term agreed upon or the addition of new provisions, since such behavior would be unethical and probably fraudulent, he/she should seize the chance to draft provisions that best reflect his/her understanding of terms negotiated
XI. COOPERATIVE/INTEGRATIVE STAGE 5. Carefully Review Draft Prepared by Opponent • Make sure the language selected reflects your understanding of the terms agreed upon • Be certain that nothing has been added that was never agreed upon • Make sure that nothing that was agreed upon has been omitted from the final agreement
XI. COOPERATIVE/INTEGRATIVE STAGE 6. Means of Encouraging Cooperative Behavior • Do Not Be Envious of Adversary's Success – Base your evaluation of transaction on value to own side and not on how well you think you have done vis-a-vis opponent (i. e. don’t be “win-lose” negotiator) • Do Not Be First Party to Employ Inappropriate Tactics-- Begin with cooperative approach designed to encourage reciprocal behavior • Be Provocable-- Be prepared to punish defection by opponent with your own comparable defection to deter future transgressions • Be Forgiving--When opponent resumes cooperative behavior, you should do likewise and indicate future interest in cooperative behavior. • Be Transparent and Establish Appropriate