What are the main types of negotiations and in what situation would you use one more than another?

What are the main types of negotiations and in what situation would you use one more than another?

Negotiation and different types of negotiators

“Disputes are inevitable element of human interaction and society needs to develop efficient and innovative methods of dealing with them.” [1] To resolve disputes man has developed court system. However there is a huge amount of cases pending in the courts. Lack of sufficient machinery retards the process in resolving these disputes. An alternative to court, what we have is something called Alternative Dispute Resolution (ADR). It has been described as “A halfway house between the certainty of the adversarial system and flexibility of negotiation”. [2] Summarizing this we can say that this is an informal process, alternate to litigation, with the involvement of a neutral third party, given a choice of various processes. Negotiation, Mediation, Arbitration and Conciliation are the different methods of ADR.

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The discussion of this essay is “Competitive negotiators are more effective than cooperative negotiators and the lies they tell are ethically permissible”. The Part I of this essay defines negotiation and different types of Negotiators. Part II is comparison between competitive and cooperative negotiation tactics Part III explains why competitive negotiation is often more effective than cooperative negotiation Part IV discusses about Lying in Negotiation and whether it is ethically permissible? And part V Conclusion.
Negotiation & different types of Negotiators

“Animals do not negotiate. They use violence or threat of violence, and various forms of ‘dominance’ and ‘display’ to get what they want, be it food, mates or territory. Theirs is a ‘red in tooth and claw’ instinct and intentions.” [3] . Human beings negotiate, though not all of them use this method. Negotiation has been defined by various people. “The process by which by which we search for terms to obtain what we want from somebody who wants something from us is Negotiation.” [4] ‘A joint decision made by two or more parties is referred to as Negotiation. Reaching a consensus is the basic idea behind negotiating. Enabling groups of agents to arrive at a natural agreement regarding a belief, plan or goal, is the key form of interaction’. [5] “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.” [6] ‘According to Fisher and Ury, when you and the other party have interests that are shared and some that are opposed, an agreement is reached through back and forth communication is what negotiation stands for’. [7]

Before a suit is filed in the court, negotiation is done. If successful the suit may be prevented, therefore it is a preventive ADR. By systematic dispute management, an emphasis is made on avoiding conflict in the preventive process. In this way damage of relationship, loss of money can be avoided or saved, as well as builds trust and confidence between the disputing parties. Rightly enough, “the interaction between client and lawyer is a form of negotiation.” [8] In a negotiation, “why does your opponent want is far more important than ‘what does the opponent want’. This helps the negotiator to decide the methods of negotiation, which are Integration, Obliging, Dominating, Avoiding and Compromising. Based on the above methods there are different type of negotiators Competitive, Cooperative, Interest based and Avoider type negotiator. Avoider type negotiators prefer to maintain status quo and try and hide behind various rules, legal procedures and regulations. Their limited social skills are no good. “Some people may prefer compromising, others are fiercely competitive. And others can be outright adversarial when negotiating”. [9] Compared to other negotiation styles, Competitive and Cooperative negotiations styles are more preferred by the negotiators.
Competitive Negotiators

These types are the aggressive sorts. They are also referred to an assertive, distributive and positional. [10] The opponent is no real concern of theirs, their interest mainly being profit maximizing for their client [11] . The attitude they carry clearly reads ‘my way or the highway’. Their characteristics are as follows.

These negotiators do not give much importance to the relation with opposite party.

There is suspicion and hostility in attitude towards opposite party.

They use assertive and tough language.

There may be use of tools like coercion, threat or deception.

They will subtract certain items from the deal to get more profit.

They will listen less of opposite party, and they talk more.

There will be use of domination over the weaker party.

The competitive negotiator will close the negotiation by giving a final offer.

They would not prefer to bargain over it.

A competitive negotiator is of the belief that they has lost if the opponent gains what they want. They display effective communication skills and ability of faster evaluation in the client’s interest, even in tough conditions. Resisting the competitive negotiators, they feel they are not trying hard enough for the opposite party to submit before their demands. “The long-term consequences of competitive negotiation are unfavorable, yielding reduced enthusiasm and commitment as well as damaged relationships.” [12] They believe they know best, they may also make a display of authority, which they may not actually have. “A quasi-strength of competitive negotiation is that the tactic often intimidates opponents and creates a situation where competitive negotiators steamroll more cooperative negotiators into offering concessions an…………………………

What are the main types of negotiations and in what situation would you use one more than another?

Could I use the same negotiation style if I were in China as I would Russia? Why or why not? Use examples to illustrate your point.

What is the difference between negotiation tactics and negotiation strategies? Are both required for successful negotiations? Why or why not?