The Art of Negotiation

Therefore, for any negotiation to happen, there should be i. two or more parties in disagreement, in other words a dispute must’ve taken place; ii. because there is a dispute some issues are involved; iii. if there are issues there are bound to be expectations or some conditions; iv. if there are conditions there are bound to be implied terms; and v. if there are terms then there are bound to be solutions. Summed up, “negotiation” is an official exercise involving some issues which need to be discussed threadbare, across a table, where the inherent risks and dangers should be revealed/explored. Who gains what? who loses what? –the gains and losses part to be highlighted, and the period of agreement, on whom binding, periods for review, taking a government seal of approval etc. have to be considered.

Types Of Negotiation:

Here we will basically discuss about negotiations affecting normal daily professional life, leaving aside hostage, marriage, piracy, abduction/kidnap ransom or any illegal trade or entry/exit negotiations. This means that the concerned matters will be above board and does not involve any hanky panky. There can be a. Bipartite Negotiations, ie. between two or more parties, viz: an employer and two or three employees’ unions; b. Tripartite Negotiation, between two or three parties under the arrangement of a Government authority, say an employer, his two unions and the Labour Commissioner.

The Negotiation:

The parties decide to meet, discuss the points, make minutes of the meeting, resolve disputes, settle the terms and put their joint signatures as approval. Well, that sounds real easy. Trouble is, disputes are not settled that easily where monetary issues are at stake. Sensitive issues, prestige issues, seniority issues, gender issues are all fairly ticklish and stand out like a sore thumb even after days of meetings and deliberations. This is where the Art of Negotiation plays its significant role, to bring the warring parties together, meeting again and again and leading  towards a common goal, bringing in its wake mutual benefits, facilities and advantages. As a rule, before going to the discussion table, all likely objections from the opposite parties have to be taken into consideration and suitable contingency plans drawn up to clear out of a crisis situation. There should be a Plan-B if Plan-A fails, a Plan-C and so on. Normally bottlenecks and point of no return crops up when “prestige issues” take centre stage. To reverse out of such a ‘Dead End” situation, the issue Must Not be closed. That is, repeat, the issue Must Be Kept Open. At the first opportunity, a next date should be fixed, preferably at another venue, maybe adding a specialist observer/ invitee or two.

Intricacies Of The Art Of Negotiation:

Bargaining for that extra special advantage can never be a Win-Win game. However, it should never be Win-Lose or Lose-Lose game either. The aim of any negotiation is to extract maximum leverage out of the crisis at hand, but definitely not at the cost of the other. This is where ethics of fair play, level playing field etc. come into reckoning. Therefore, the “quid pro quo” approach has to be adopted where you give something for getting something. This something for something approach is a sure key to the successful Art Of Negotiation. Remember, the discussion table is a place where one can always go for the jugular, but with caution. There is no point in burning one’s bridges,’coz you never know when you may like to return back. Escape routes, open exits have always to be kept open and ready for Finding Appropriate Solutions at the end of the Negotiating table. In the end it is expected that some sureshot solution, favourable and acceptable to both parties will emerge. Even if amicable solutions and settlements are arrived at, it is always safe to keep a clause open for a “Review at the end of 3-years or 5-years”, so that fresh irritants, if any, can be taken care of and the amicable and harmonious atmosphere continues.

Conclusion:

Negotiations are therefore not an end in itself, but only a means for long term good relationship in business, trade, border disputes, employer-employee disputes, government-opposition disputes, maritime and international disputes. Every day we are unconsciously negotiating this and that issue as a part of our normal lives but when we come to the negotiating table some kind of “stagefright” sets in and the issues get exagerated out of proportion. This is where the Art of Negotiation comes in, and takes its rightful place in society.