Negotiation / Dispute Resolution- Viking Investments

I invested a significant amount of time to prepare for the Byrnes, Byrnes & Townsend negotiation meeting. I represented Mrs. Townsend, the plaintiff in this case and I chose co-operative strategies and tactics for this negotiation exercise. For me to address the liability and evaluate the case, I had to divide the facts in four categories: weaknesses and strengths of the opponent, weaknesses and strengths of my case. From the class discussions, I learned that the success of the negotiation directly depends on the preparation stage, therefore, I carefully assessed the obtained information, evaluated interests of both parties, set out substantive, intangible, and procedural goals, developed mine and my opponent`s BATNA, set the limits, and implemented negotiation strategy and tactics.

Negotiations are a part of daily life whether we are aware of them occurring or not. In everything that we do there are preferred end results and the end results are likely to affect more than one person. The goal in this however, is to ensure that all parties are equally benefited from the actions and reactions that occur to create that end result. While some dealings are done in a more subtle manner without a great deal of negotiation per say there are other situations that would warrant more vocalized mutually acceptable compromises. The purpose of this paper will be to effectively explain a situation of which required negotiation on the part of both parties that almost all of us have endured and that would be the process of buying a

1. How did you plan for the negotiation? Explain how you decided on a strategy?

“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.

During this negotiation exercise I was presented with the part of Terry Hardel. When reading his instructions, I understood him as someone who was very irritated and frustrated, and as a hard bargainer. I didn’t feel like this would be my negotiation style. I decided to try out a less intimidating way of negotiation while not going too soft and keeping in mind what my interests were. My goal was to create an atmosphere where Josephine felt that I was trying to focus all of my attention on getting her as much time for her to finish her current project, when in reality I was trying to promote Joe as soon as possible.

In our recent negotiation, my partner Dave and I assumed the roles of Alan Hacker, a computer software developer, and Alan Hacker’s lawyer. Being the lawyer in the negotiation my objective was to avoid litigation with my client’s partner Stanley Star and to aid in the continuation of my client’s co-owned company HackerStar. In addition, I would assist Hacker in coming to an agreement that would be satisfying for him both personally and financially. I felt that Dave and I presented a reasonable argument on Hacker’s behalf and, since I was able to apply some of our class readings during the process, I was overall pleased with the outcome.

I assumed this was because Jamie disclosed the details of the offer I made her to Jack. Therefore, Jack was willing to accept less, in order to remain competitive with my offer. Because of the concept of scarcity caused by many people wanting the same thing (Bargaining for Advantage, pg. 179), I foresaw this happening, so when I reentered the negotiation, I asked to speak privately with Jack. Knowing that Jack felt pressured to drop his portion with Jamie because of me previous offer, I again tried to mention to him how I thought a three-way deal where funding was split equally and I conceded $10,000 of my share was a fair deal. I was hoping he would side with me when we reentered the negotiation because he would now understand the spiral effect that exists in this negotiation. However, because I knew I couldn’t rely on this I also mentioned the possibility that we could come to an agreement and I could better Jamie’s offer. I believe we reached a tentative agreement where I would receive $70,000 and he would receive $230,000. Again, I wish I could have persuade him to agree right then and there, but it seemed that he wanted to rejoin Jamie to further discuss the options. When all three of us we involved yet again, Jack had mentioned openly how it would be more beneficial to have an agreement with me, and this really caused an unexpected, but

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures. According to Christopher W (2012), negotiation is the principal way that people redefine an old relationship that is not working to their satisfaction or establish a new relationship where none existed before. Because negotiation is such a common problem-solving process, it is in everyone 's interest to become familiar with negotiating dynamics and skills. This section is designed to identify what worked well and not well in the negotiation. In addition, to present strategies that generally makes the negotiation more efficient and improvement in the next

Many situations present the important synchronization of internal versus external negotiations. Many individuals have studied how each side in the negotiation is able to manage the internal opposition to agreements being negotiated. This can also be known as “on the table”, or what exactly is on the line in a heated argument. Each individual involve in an argument has a particular position to be managed, and often times own personal interests are widely expressed. This paper will expand upon the case of Fischer collecting needed funds from Smith with proposals and ideas for a manageable negotiation.

It is a complex social process which already becomes part and parcel of our society.

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

Both our approaches were directed towards addressing the issues with a collaborative spirit for the greatest benefit to both sides. We agreed that both sides wanted to establish a long term a relationship with each other and were willing to give genuine consideration to each other’s particular needs and interests. This experience has enabled me to reflect on my personal approach towards negotiation, as well as analyze my strengths and potential areas for improvement as a negotiator.

Sam and Kelly have been business associations for quite sometime now. Sam and Kelly currently have a contract, but this contract is about to expire. The contract was a five year contract, in which Sam cleaned Kelly’s building in return for a fee of $30,000 per month. With this contract now coming to a close, Sam now wants to secure Kelly’s business. Sam decides to go out and show her appreciation to Kelly and buys Sam a brand new SUV. Sam tells Kelly about the SUV and to meet for dinner to discuss renewing the previous contract. The issue that arises; Is there consideration taking place by Kelly agreeing to meet Sam for dinner in exchange for the SUV.

The negotiation strategy I used in dealing with Pat was to emphasize the negative impact not coming to an agreement would have on our companies. I continually explained to him that not coming to an agreement would find my company claiming bankruptcy and therefore limiting the returns paid to Viking. This approach seemed to work as Pat realized that was true and was very wanting of an agreement that would not leave WoodCrafters in bankruptcy. I also emphasized the importance of putting whatever arguments we had in the past aside for the purposes of coming to an arrangement. I was very pleased with the negotiation as we created a deal that appeared to work for both sides and allow both companies to continue their reputation and enable future growth.

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.