Business Law Question

https://www.pdfdrive.com/getting-to-yes-negotiatin…   link to book. I.
II.
GTY
I.
NCR
Two types of negotiations
A. Distributive
1. Win / lose, fixed pie, zero sum
B. Integrative
1. Win win
Characteristics of effective negotiation / conflict resolution
A. Shared information
1. Collaboration
2. Sharing info in a way that will help assist the process
3. Developing trust
B. Empathy + Acknowledgement of emotions
1. Allowing the other person to feel heard
C. Interdependence
1. Negotiations are always taken more seriously when both partners are in
need of something from the other
D. Rank your priorities
1. Prioritizing what you’re trying to accomplish can help make negotiations
go more smoothly
E. Ethical
F. Sufficient Time
Three styles of negotiation
A. Soft Negotiating Style
1. Accommodation
2. Avoiding
a) Goal: Building and maintaining relationship
B. Hard Negotiation
1. Competing
2. Win/Lose
a) Goal: To win
C. Principled Style
1. Collaborative
2. Win Win
a) Goal: Decide issues on merits, look for mutual gains, apply fair
standards, no tricks or posturing.
(1) Hard on merits, soft on people.
(a) Focus on the problem. Person isn’t the problem.
02-28-23
I.
Getting To Yes: Chapter 6
A. Developing your BATNA (in situations where there is a large power divide)
1. In response to power, the method of negotiation you use should:
a) Protect you from making an agreement that you should reject
b) Help you make the most of the assets you do have, so that any
agreement that is reached will satisfy your interests as much as
possible
2. The cost of using a bottom line makes it easier to resist pressure, but
inhibits imagination and reduces the incentive to come up with tailor made
solutions
B. BATNA = Best Alternative To A Negotiation Agreement
1. Know your BATNA
a) Common mistakes:
(1) not having a BATNA
(a) Know alternatives before going in
(2) Grouping multiple alternatives together
(a) More effective to look at different alternatives
individually and figure out which is the best option
b) Formulate a trip wire: identify an option that’s better than your
BATNA and then take a break before accepting an agreement
worse than the trip wire package
2. Making the most of your assets
a) The better your BATNA, the more power you have
b) Develop your BATNA
(1) Invent a list of actions that you might take if no agreement
is reached
(2) Improve on some of the promising ideas and convert them
into practical alternatives
(3) And then pick the one you think is best
c) Knowing what you are going to do if an agreement is not met, will
increase your confidence
03-02-23
I.
Negotiation Jujitsu
A. Don’t push back
1. Don’t react to an attack on your position or you personally
2. Don’t attack their position treat it as as one option, neither accepting or or
rejecting it
3. Direct their attention to improving options by discussing hypothetically
what would happen if their position was accepted
03-09-23
I.
NCR
A. Chpt 7: A guide to ethical decision making during negotiation
1. A negotiation strategy / tactic is ethical if it meets 3 requirements
a) If the negotiating tactic provides the greatest good for the greatest
number of people (utilitarian), it is ethical
(1) Mutual gain
(2) Principled negotiation (win win)
b) If the negotiating tactic does not violate anyone else’s legal or
moral rights, it is ethical
c) If the negotiation tactic treats all parties fairly, it is ethical
2. Clearly unethical
a) Selective disclosure or misrepresentations to constituents
3. Borderline unethical
a) Bluffing
B. High cost of low trust
1. Vicious cycle vs virtuous cycle
a) Relationships are key
(1) Those that become contentious (negative, argumentative,
difficult) and suspicious are liable to result in frustrating
and costly outcomes
(2) Those that are cooperative and trusting, tend to foster
negotiation success
(a) The idea of reciprocity
(i)
Which speaks to the fact that there is a
human tendency to respond to the actions
of others with similar actions
(3) Cooperative interaction often initiates a virtuous cycle in
which cooperation sustains itself in contrast to a hostile
interaction which tends to perpetuate a vicious cycle of
contention and suspicion
2. Vicious Cycle Triggers
a) Vicious cycles come out of the human tendency to take an
exaggerated view of others’ perceived hostility or unreasonable
behavior
b) This exaggeration leads us to reciprocate with negative behavior
of our own, which leads the other side to respond negatively in
return
(1) Cycle repeats itself
(a) Naive realism: when confronting a problem, we
think we are reasonable and objective and we
make assumptions
(i)
We assume that others confronting the
same problem will reach the same
conclusion, and when they don’t reach the
same conclusion, we think they are
unreasonable
3. Virtuous Cycle Triggers
a) Tend to judge a negotiation as fair when we’ve had ample
opportunity to voice our point of view
b) Our sense of fairness increases the more we sense that the other
side has genuinely considered our position
(1) The more fairly we feel we have been treated, the more
likely we are to be happy with the results of the negotiation
even if the result is not necessarily what we wanted
(2) We are more likely to abide by agreements reached
through a process we judged to be fair than when we judge
to be unfair
(a) The more fairly we feel we’ve been treated, the
more likely we are to trust and cooperate with the
other side
C. Confirmatory bias
1. Tendency to seek out information that verifies preexisting beliefs and to
ignore or find flaws with disconfirming information
2.
NEGOTIATION
BLAW
Spring 2023
Paper 1
1.
There is no need for any outside research. Do not include any research on
negotiation skills or techniques other than from class materials and the
readings from the book provided. The goal of this paper is for you to
demonstrate a depth and breadth of knowledge of the negotiation
techniques that you have learned and applied so far this semester.
2.
General instructions: write enough to explain your ideas with clarity and depth, but not so
much that your paper is redundant or you lose your reader’s interest. Your work will be
evaluated based on the quality of your analysis, the incorporation of course materials,
the depth of insight and clear, well-organized and correct writing. Demonstrate that you
have read, heard, understood, and engaged in the coursework. Demonstrate intellectual
depth by going beyond repetition to explain significance, to draw connections, to
illustrate, to integrate a significant amount of course materials.
5.
Specific instructions:
a.
watch the 30 Rock clip
b.

integrate course materials (notes, and texts) to develop an analysis of
what occurred in each segment of the negotiation between Jack and
Sherry and explain:
i.
what were their positions
ii.
which negotiation/dispute resolution techniques were applied to
the situation by the parties (break down the negotiation into
separate statements made and nonverbal cues given during the
different parts of the negotiation)
iii.
how effective were they – what were their strengths and
weaknesses
iv.
what alternate negotiation tactics could have been applied to
achieve a more successful result
c.
analyze how Jack applied his experience with Sherry when he
negotiated with Kabletown
6.
Writing:
a.
clear, correct English in paragraph form – do not label your answers
b.
well-edited
c.
correct use of APA
Format
● Double-spaced
● 12-point font
● A minimum length of 6 pages,
● Write in narrative form (not numbered/labeled paragraphs)
● Number the pages
● One-inch margins
● Single-space the header with your name, class name and time, date – first page
only
● No extra space between paragraphs, though you may put a heading prior to each
section
● APA formatting for in-text references (including page numbers where relevant)
● list of references from the book or notes
● do not include cover sheets, tables of contents, abstracts, running titles