Business Law ( Negotiation And Conflict Management )

“Instead of approaching the problem in a competitive as distributive bargaining (claiming value only for one), the integrative negotiation the parties adopt an attitude aimed at solving the problem and seek a favorable outcome for both” (Business Blog Review, 2011).

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

“Successful negotiation is not about getting to ‘yes’; it’s about mastering ‘no’ and understanding the path to an agreement is” (Christopher Voss). During the negotiation process, there are a lot of moving parts and personalities. In addition, hurt feelings can all too often get in the way. The bottom line of any negotiation is to reach a settlement that will mutually benefit both parties. It’s a challenging situation by which compromise or agreement is reached while attempting to avoid arguments and disputes.

The negotiators in these situations should mainly on the integrative bargaining. It means that negotiator should arrange a face to face meeting for both the parties by motivating them to practice integrative barging so that they can use the conflict strategy management to innovate positive solutions rather than dysfunctional conflicts. The negotiator should focus mainly on problem solving, compromising, smoothing and finding solutions. Motivating both the parties for a face-to-face meet is done so that, they can identify the problem and resolve it by an open discussion. Each team should give up something so that they can come to an agreement. The negotiator should use smoothing technique by reducing the conflicts while stressing common interests between both the teams. By compromising and smoothing both the parties should know about their common interests and goals and should create a shared goal. Once the negotiator make them realize that they need each other for achieving their goals, integrative positions solutions will be obtained instead of dysfunctional

Negotiation is a fundamental process used in resolving conflicts, making business deals, and in managing working relationships with others. Negotiations occur for two reasons: (1) to resolve a problem or dispute between parties, or (2) to create something new that neither party could do on its own.

For our book report for IS Planning and Management, we were to read and review, Getting to Yes: Negotiating Agreement Without Giving In, by Roger Fisher, William Ury, and Bruce Patton. The book was written to educate readers on how to become better, more effective negotiators. They start with defining the difference between positional negotiations versus principled negotiations. They then move on describing their four principles for effective negotiation: People, Interests, Options, and Criteria. Additionally, they describe three common obstacles to negotiation - when the other party is more powerful, what if they won 't play, and when the

It occurs in profit or non profit organizations, government sectors, dealing among nations and also in our personal situations such as salary package, house purchase, marriage, divorce and etc. The strategy to use can either be distributive or integrative depending on the situations and the outcomes that the party want out from the negotiation.

Getting to YES, Negotiating Agreement Without Giving In is an excellent book that discusses the best methods of negotiation. The book is divided into three sections that include defining the problem, the method to solve it, and possible scenarios that may arise when using these methods. Each section is broken down into a series of chapters that is simple to navigate and outlines each of the ideas in a way that is easy for any reader to comprehend. There are also several real life explanations for each issue that make the concepts easier to apply and understand. These ideas are reflective of a method developed by the Harvard Negotiation Project called “principled negotiation”. This method combines the two ideas of soft and hard negotiation

Zero-sum, positive-sum, and negative-sum are terms that refer to the outcome of a dispute and all represent reward of compensation. The sector of professionals that I am addressing in this group is businessmen and the circumstance will be the frequently encountered one of negotiation where each tries to procure something from the dynamic.

Communication styles in negotiation are probably one of the most important skills or characteristics one will develop over a lifetime. From the point a human being begins to develop cognitive skills, the process of learning and understanding situations become more apparent. One will learn from a very young age the dynamics and characteristics of communication and its role in negotiation. To better understand the communication process, one must be able to recognize how they communicate, whether it is on an assertive, aggressive, passive, or passive-aggressive level of communication. The manner in which one conveys his/her message is critical, and the many methods in which they do it is

Negtiation is a strategic process of reconciling differences in interest and coming to a mutual resolution through cooperation that is percieved fair for both of involved parties (Fells 2012). The negotiation that was analysed in the “Enterprise Agreement Negotiation Report,” demonstrates that negotiation is not an easy process nor its orderly, since it is the activity and not the segment that determines the phase of a negotiation.

In life there is always some type of give and take amongst others. Some exchange may be beneficial and some can be regretful. This is all the same with negotiation, either is to negotiate a divorces decree, price of a new home, or a NFL or NBA contract deal. The world today is full of negotiating situation in and can be executed at any given time. There two common characteristic of a negotiation or bargaining situation. Negotiating parties have separate but conflicting interest.

At this stage negotiators stop focusing on their opponent’s needs and priorities and state their own needs and priorities. It is about creating value for your side and asking for the value that you want in exchange. It is the most highly competitive stage of negotiation. Arguments often take place about the value of items on either side of the equation and whether sufficient value is being offered from the opposing side in exchange. It is important that these arguments are handled even handedly even when negative tactics such as threats are used to move one or the other side to action (Craver, 2004).

Negotiation is the process of two individuals or groups reaching joint agreement about differing needs or ideas. Oliver (1996) described negotiation as "negotiators jointly searching a multidimensional space and then agreeing to a single point in the space." Negotiation is a form of conflict resolution. When we negotiate, the first thing that needs to be established is whether we have two or more parties that have a common objective, but also differ in ideas when it comes to how they achieve the objective. The principle behind negotiating is to finding the middle ground that is suitable for both parties involved. Not all negotiation ends in satisfactory compromise, sometimes negotiations can take a long time to conclude

Negotiation is all about a strategy. The end result is usually to end a problem that someone is having, whether it is personally or