Advantages of Negotiation

4 Key excerpts on "Advantages of Negotiation"

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  eBook - PDF

  Dispute Management

  • Pauline Collins, Dalma Demeter, Susan Douglas(Authors)
  • 2022(Publication Date)
  • Cambridge University Press

    (Publisher)

  Negotiation to manage differences and allocate resources occurs in everyday life. Many instances of negotiation occur in the context of transactions, such as a purchase or sale. In that context, negotiation is often treated as synonymous with bargaining. Other instances of negotiation are brought about because of a dispute between parties. In legal matters, negotiation occurs up to ‘the door of the court’, and sometimes beyond – meaning that settlement options are explored as part of the process of litigation and in order to conclude a matter without a court hearing. Avoiding a final determination in court reduces the cost of legal representation, avoids the risk of having to pay the other party’s costs, and allows the parties to come to an agreement that they decide. A key characteristic of negotiation and advantage of the process is that parties are empowered by the process to manage their dispute in a dyadic manner without the intervention of a third party. However, parties can seek the assistance of a third-party intervenor to facilitate their negotiation and/or the help of third-party professional repre- sentatives, such as lawyers. Dispute management practitioners can be engaged in either of these roles. Lewicki, Barry and Saunders identity three typical reasons for negotiations: to agree on how to divide or share a limited resource, such as land, other property or time; to create something new that neither party could do on their own, such as a business venture or an innovation; or Negotiation: a form of decision-making involving two or more parties who come together to attempt to reach agreement on contentious issues that may occur in relation to a transaction, a venture, or a dispute. Chapter 5: Negotiation 137 to address a problem or dispute between the parties. 1 The last of these is the primary focus of this chapter. Whatever the context for negotiation, fundamental characteristics of the process can be identified.

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  Agents and Multi-Agent Systems in Construction

  • Chimay Anumba, Zhaomin Ren, O.O. Ugwu(Authors)
  • 2007(Publication Date)
  • Routledge

    (Publisher)

  Chapter 4 Negotiation theories

  Z. Ren, C. J. Anumba and O. O. Ugwu

  4.1 Introduction

  Negotiation, as an important human co-operation approach, has been studied and defined by many researchers in different research domains, such as: economics, society, politics and AI systems. For example,

  • Collins Cobuild English Dictionary – negotiations are formal discussions between people who have different aims or intentions, especially in business or politics, during which they try to reach an agreement.
  • Zartman (1977) – negotiation is a joint decision process between two or several parties or their representatives. Negotiation tends to be a matter of finding a formula encompassing the optimum combination of interests of both parties and then of working out the details that implement these principles and affect the agreement. Negotiation is a dynamic process, on-going, involving moves and countermoves.
  • Hammer and Clay (1977) – negotiation is the interaction that occurs when two or more persons attempt to agree on a mutually acceptable outcome in a situation where their orders of preference for possible outcomes are negatively correlated.
  • Gulliver (1979) – negotiation is one kind of problem-solving process, in which people attempt to reach a joint decision on matters of common concern in situations where they are in disagreement and conflict.
  • Rosenschein and Zlotkin (1994) – negotiation is a form of decision-making process where two or more parties jointly search a space of possible solutions with the goal of reaching a consensus (deal).
  • Lesser (1998) – negotiation, the process of arriving at a state that is mutually agreeable to a set of agents, is intimately related to co-ordination.

  These definitions provide different views about negotiation objective, nature, scope and elements involved.

  • From a social-psychological perspective, Bartos (1977) concludes that the nature of negotiation is to resolve the conflicts between competitive individualism and co-operative collectivism. Negotiation often involves dual and mostly conflicting motivations: the individual (competitive) desire to maximise one’s own utility and the collective (co-operative) desire to reach a fair solution. Negotiations can proceed smoothly only when they are guided by the collective desire for fairness or when the loss of breaking negotiation is higher than that of reaching an agreement for either party even if negotiators are selfishly motivated.

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  Key Concepts in Planning

  • Gavin Parker, Joe Doak, SAGE Publications Ltd(Authors)
  • 2012(Publication Date)
  • SAGE Publications Ltd

    (Publisher)

  10    NEGOTIATION

  Related terms: mediation; bargaining; conflict resolution; mutual adjustment; satisficing; partnership; policy process; consensus-building; collaborative planning; decision-making; communication; discussion

  Introduction

  Negotiation is a widespread feature of social life, with observers claiming that negotiation between individuals is essential to the operation of all societies (Gelfand and Brett, 2004). While many negotiative skills and strategies have been formally refined and studied or practised, it is the more unstructured or diffuse way that everyday practices of negotiation are commonly experienced. Negotiation may be seen as a practice and as a set of skills which are applicable in a wide variety of professional contexts too. Learned negotiation skills may be deployed with forethought, or be drawn on more organically to reach agreement, maximise benefits or develop shared understandings. Negotiation is commonly required to secure agreement on policy objectives, to achieve smoother resource allocation and more effective implementation outcomes in planning and development. As such negotiation processes play an important role in producing viable, more widely understood and more consensual outcomes.

  Negotiation is a longstanding and common feature of the planning environment and merits inclusion here as planners will need to exercise negotiation and mediation skills in numerous instances. Cullingworth and Nadin assert that there is likely to be ‘an even greater role for flexibility and discretion’ (2006: 4) required in planning practice, and this logically requires forms of negotiation. Participants in the planning process need to recognise and understand where negotiation plays an important part in planning processes via brokerage between various interests (see Chapter 9

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  Strategic Corporate Negotiations

  A Framework for Win-Win Agreements

  • Andrea Caputo(Author)
  • 2019(Publication Date)
  • Palgrave Pivot

    (Publisher)

  That is negotiation. Negotiations are essential and fundamental for businesses. Improving negotiation skills, as well as increasing the ability to negotiate effectively, is crucial in the managerial, political, and business contexts. It is commonly acknowledged within the literature that negotiation is a process through which two or more parties could reach a needed joint decision while having different preferences (e.g., Fisher et al. 1981 ; Lax and Sebenius 1986 ; Lewicki et al. 2014 ; Pruitt 1981 ; Raiffa et al. 2002 ; Rubin and Brown 1975 ; Zartman 1977). Due to the interdependence, which reigns over and inside multi-actor decision processes (J. D. Thompson 1967), negotiation outcomes are affected by all the decisions made by all the parties involved. It is quite straightforward how, whatever approach we take, the strategy-making process is permeated with a series of negotiations that surround the decisions taken. A negotiation process underlies board meetings where C-level managers take corporate strategic decisions. At the same time, the information brought to the board are the result of a negotiated process where managers strategically decide how to approach the board meetings. Similarly, if we look at any strategy textbook, almost any preparatory activity of analysis to support the strategy-making process can be associated with a negotiation. The same happens when we move the level of analysis to the implementation of strategy. Managers negotiate with each other on how the strategic implementation takes place; they also negotiate at the external of the organization to put the strategy in action, for example, with suppliers, customers, lobbying organizations, and all the stakeholders one can imagine. Given those almost obvious thoughts, everyone with managerial experience would agree that negotiation seems to be left quite aside from strategy literature

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