Summary
Summary contract law
- Module
- Contract
- Institution
- University Of Winchester (UoW)
Summary of 2 pages for the course Contract at UoW (negotiation)
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Negotiation SkillsEssentials;
1. What is negotiation
2. Who does it
3. When / why do we do it
4. How do we do it
What is a Negotiation?
A negotiation is a strategic discussion that resolves an issue in a way that both parties find acceptable. In a
negotiation, each party tries to persuade the other to agree with his or her point of view. By negotiating, all
involved parties try to avoid arguing but agree to reach some form of compromise.
Negotiations involve some give and take which means one party will always come out on top of the
negotiation. The other, though, must concede—even if that concession is nominal.
Problems in the Negotiation process
- Is not fully prepared about facts, law, other negotiator
- Is confused about how to start/ end negotiation
- Doesn’t know what, if any, information to disclose
- Is too trusting of the other side
- Makes too many concessions
- Makes agreements without clear instructions/ authority
- Feels exploited
- Gets angry or reacts emotionally
- Argues and gets nowhere
- Does not know how to break off
- Lies of misleads
- Knows they could of done better
- Ego prevents agreement
- Fails accurately to record
- Poor or non existent listening
- Underestimates other side - over estimates own side
The stages of negotiation
1) Preparation
2) Information exchange
3) Proposals
4) evaluation/ repositioning
5) agreement/ breakdown
6) Close and record
Preparation
1) Identify and prioritise issues to be negotiated
2) Summarise relevant facts for each issue and any deficiencies in facts
3) Identify relevant law for each issue
4) Summarise relevant information about parties and negotiators
5) Identify interests of the parties
6) Identify preliminary alternative solutions to issues
7) Identify BATNA for all parties
8) Identify objective criteria for resolving conflicts
9) State chosen negotiation style
10) Set out draft agenda
11) Summarise client instructions and limits of authority
Essentials
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