Negotiations Gone Wild!

We have all been there — shouting, grand-standing and lines in the sand.  Unfortunately, when a negotiation turns hostile, the client suffers.  A missed opportunity, dead deal, lost capital or worse.  All can be results of negotiations gone bad.  I have found that interest-based negotiation can often prevent hostile negotiations and even turn a hostile negotiation more productive.

Interest-based negotiation is a strategy in which parties work to find a win-win solution to a dispute.  A form of interest-based negotiation was described in the book, Getting to Yes, by outlining four fundamental principles: (1) separate the people from the problem; (2) focus on interests, not positions; (3) invent options for mutual gain; and (4) insist on objective criteria.  These principles should be observed at each stage of the negotiation and adapted based on the other party’s response.

When a negotiation goes wild, think about and apply these principles:

  • Are there personality conflicts or are responses to issues viewed as personal attacks.  If so, separating the people from the problem can take the sting out of the subject-matter and place the focus on the issues, not the people.
  • If the negotiation is focused on positions, one party must lose.  It can be hard to save face in a loss.  Instead, focus on interests so that you can find a solution that satisfies both parties’ interests.
  • Has the negotiation fallen prey to the “either-or” problem.  If so, you may not have considered alternative options.  I have yet to see a situation where there are only two possibilities.  Think creatively to find options, don’t focus your energy on proving the other party wrong.
  • When interests are directly opposed, use objective criteria to resolve differences.  If you allow differences to spark a battle of wills, you will destroy relationships, waste time and not resolve the dispute.  If you define objective criteria, you will be more likely to agree on a resolution.

Of course, it can be very challenging when one party insists on using a position-based approach.  In my experience, I find that continuing to use an interest-based approach can be effective over time.  By focusing on the interests, you can often engage a position-based negotiator in an interest-based discussion.  Of course, at some point and with some people, these strategies may not be effective and you may need to try other approaches.  However, I think interest-based negotiation is a very important tool and can help resolve many difficult negotiations.  What do you think?

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