Self-Reflective Paper on Negotiations - Essay Example

? Introduction It is quite rare in a legal profession where you would not find some sort of negotiation going on. For instance, there is sexual harassment negotiation on behalf of Ms. Jane Doe and Professor Palsgraf where an agreement has to be reached. There is also negotiation for employment contact involving Fox lawyers and Leslie Morrow. These are just a few examples of different types of negotiation. However, negotiating skills are not unique to lawyers and limited to the legal fraternity only. At one particular moment, all of us regularly need to negotiate with colleagues, friends and in a wide range of business transactions (Stone, 26). As such, this reflective essay seeks to critically evaluate my strengths as a negotiator as well as weaknesses. These evaluative points are going to be supported by concrete evidence from various negotiations and exercises that have been covered during my learning experience. The paper starts by explaining the meaning of negotiation in order to grasp the meaning of the whole concept. This is followed by a detailed analysis of different subjects involved in the negotiation process. The negotiation process Negotiation characterises the relations between individuals and is closely connected with speech as well as nonverbal communication (Kennedy, 47). Essentially, negotiation is mainly concerned with reaching an agreement based on mutual understanding between the parties involved in the process. It can bring different parties with completely different views together and these can reach an agreement. Therefore, negotiation is described as a process in which two or more parties exchange goods or services and attempt to agree upon the exchange rate for them (Robbins, 459). The monitory value in this case is seen as very important when people engage in negotiation since it is binding. In most cases, people involved in a negotiation seek to bargain from the process since they often prefer a win-win situation towards reaching an acceptable agreement. For the sake of clarity, this paper will discuss in detail the different processes and stages involved in a negotiation and it will also outline my weaknesses and strengths in each section based on the experience gained from different negotiations encountered during my academic career. In this case, I will limit my discussion to the experience gained in a role played negotiation involving a case of sexual harassment between Ms Jane Doe and Professor Palsgraf. I represented Ms. Doe where she is negotiating for an out of court settlement involving a case of sexual harassment by the professor. The professor made sexually suggestive statements to Jane outside class but she revoked them and this contributed to her failing the subject taught by the professor. As such, this has necessitated a negotiation in a bid to find an amicable settlement to this particular issue. Non verbal negotiation It can be observed that the advent of the internet has revolutionised the communication landscape during the contemporary period. As such, online negotiation is quickly becoming more common during these days where it can be seen that efforts are being made to create new solutions to the problems that already exist using this technique (Kennedy, 132). People can still negotiate without using verbal communication in a face to face situation. Such kind of communication is very effective in that it removes barriers to communication such as male dominance in a face to face situation. Through the use of online communication, a mutual agreement can be easily reached given that there is no party which is under pressure from the other. From the experience I have gained as a negotiator, I find this method quite manageable given that non verbal communication strategy is hassle free since it can be carried out from any position. It can also be noted that agreements reached are binding and they are usually based on mutual understanding. Factors taken into consideration when preparing a negotiation Craver (209) posits to the effect that there are different styles of negotiation such as distributive, collaborative, competing, compromising, avoiding or accommodating among others. I chose the distributive style as a result of reasons that are going to be explained below. It also has to be taken into consideration that negotiation is a process and some of the factors involved include the following: gather information about yourself and the other party, estimate their RP, know your BATNA, research other party’s BATNA as well as adopting a suitable style of negotiation (Kennedy, 156). I chose a distributive bargaining style which is defined as negotiation that seeks to divide up a fixed amount of resources; a win lose situation (Robbins, 461). Given the magnitude of the case which could compromise the position of the professor, I saw this style as more effective since I was not in a position to bargain for less than the envisaged sum of money for the damages. This is termed the reservation price (RP) and it is a strategic factor that is very important in the negotiation process. I realised that this was a major strength since I was in a position to stand my ground in this particular negotiation. Such an approach gave me room to negotiate within the range of my anticipated deal which meant that I was not destined to lose in this particular case. However, though to a little extent, I can say that my weakness is that I am not easily moved from my position which can dissuade the other party in the negotiation process. Information gathering First and foremost, I realised that it is imperative to gather as much information as possible about the deal to be agreed. This information would be used in the negotiation process as it would be based on facts related to the issue being negotiated. In as far as gathering information is concerned, I realised that I possessed great strengths with regards to gathering information pertaining to myself. I discovered that I possessed exceptional skills especially in expressing my ideas in a well thought and logical manner. I realised that this would give me an advantage over the person I would be negotiating with since my ideas would be flowing in a clearly outlined direction. This preliminary stage is very important in any negotiation process given that it enables the negotiators to be aware of the subject matter involved in the discussion (Kennedy, 182). However, I realised that gathering information about the other party in the negotiation process is not an easy feat. My major weakness is that I found it difficult to personally approach the defendant in order to get detailed information about him hence I strongly relied on information I obtained from the plaintiff. The major weakness of this approach is that information is one sided like I discovered that the issue was blown out of proportion. The main problem with such kind of state of affairs is that one is likely to be forced to negotiate out of emotions which may compromise the outcome of the negotiation process. It is therefore very important to negotiate on the basis of factual information in other to reach an agreement based on mutual consensus. The other weakness is that I realised that it is difficult to make a meaningful bargain with little information about the other party since there are high chances that he or she may raise valid points that could counter your preconceived ideas about the negotiation process. In this case I discovered that Professor Palsgraf was more than prepare to counter the allegations held against him. Therefore, the challenge of gathering information about the other party involved in the negotiation process is one major weakness I discovered about myself. A holistic approach is required in order to overcome this weakness. BATNA Having laid the groundwork for a negotiation to take place, it becomes imperative to put in place the best alternative to no agreement (BATNA). In some instances, the negotiators can fail to reach a consensus to such an extent that it is considered as better not to have a deal at all but this is not the case since there is an alternative that can be taken (Craver, 209). This is the crux of the negotiation process given that it is comprised of concessions that have to be made since the parties involved cannot simply agree on a particular amount of money being bargained by the other party which defies the essence of negotiation. In as far as the BATNA is concerned, I realised that my major strength was related to determining the best alternative to no agreement within the anticipated range of the money bargained for. Having your own BATNA is a major strength as it inculcates confidence in the negotiator such that he is in a better position to stand his argument when negotiating with the other partner. This helped me to clearly list my reasons as well as defences for the money I was expected to get from the professor as compensation for the damages suffered by my client as a result of the incidents related to sexual advances he made to her. However, I can also say that it is difficult to know the other party’s BATNA which I can consider as a weakness in the negotiation process. As negotiators, it is difficult to get to know what is in the mind of the other party and it is also difficult to guess the course of action that is likely to b taken. The main disadvantage is that the gap between the BATNAs of both parties involved may be too wide which can make it difficult for them to reach an amicable consensus. Given such a scenario, it may be difficult for the other party to make any concession as this may result in a loss which is not the expected goal. It is quite difficult to guess what is in the mind of the other party which can compromise the negotiation process in different ways. Thus, my weakness is that I am hesitant to decide my BATNA since I realised that I would look forward to hear the suggestions by the other party. Gender issues in negotiation Issues of sexual harassment are rampant in different institutions and it can be noted that the majority of reported cases are perpetrated by man (Robbins, 452). As such, I am personally against issues related to sexual abuse and this somehow influenced my personality to advocate for the interests of the client in dealing with this particular case. The magnitude of the case also gave me the confidence to have the courage to pursue this case. I knew that in one way or the other, the professor was going to concede something during the negotiation process given that his position was going to be compromised should he refuse to give up something. To a larger extent, I can say that my position was influenced by the elements related to gender. I was compassionate for Jane and I could empathise with her which motivated me to take strong approach towards her interests. I realised that my strength when negotiating such kind of cases is that I can control the situation to my advantage when someone’s profession is at stake. In such a situation, I also observed that it is important to be confident when you are intending to achieve a win goal. As a result of gender stereotypes in some sections of the society, the interests of women are not fully considered which is the reason why they are often harassed. As such, care should be taken when approaching such a sensitive issue in a negotiation which requires settlement in monitory form. The defendant on the other hand is prepared to counter all the issues that may be raised against him. It is therefore important to take the position of the client in order to be effective. Arguing from such a position is effective in that it helps to reveal the extent of seriousness of the offence. In such a way, the defendant is likely to give in to the demands for settlement so as to avoid the case to worsen. I realised that this is a strength given that there will be high chances of convincing the other party that his action was not good hence there would be need to offer some compensation for the damages caused. Negotiation style Lastly, it can be noted that negotiators should adopt a certain style when they are negotiation for something and there are two extreme styles namely; the tough and soft approaches (Bazerman & Neale, 192). The effectiveness of each style mainly depends on the nature of the negotiation taking place. This kind of negotiation is not a sale of agreement or any other business which involves the exchange of goods or services for money. It involves a tort offence whereby the remedies involve compensation in monitory terms. It is therefore important to prove the existence of such an offence hence a tough stance is ideal in such a scenario. The other party can simply refute the allegations as unfounded and this is the reason why a strong position has to be taken. In this case, there was abundant evidence to show that the professor committed the crime and this is the reason why I had to be tough. In this kind of negotiation, I discovered that I have enough strength to convince the other party that the reservation price for the offence committed is reasonable. I also negotiated for a preventive course of action in the near future and I realised that the agreement we reached with the defendant was based on mutual understanding. For instance, I suggested that the occurrence of such a similar case would warrantee some form of disciplinary action in the future and we agreed on this suggestion. Therefore, it can be noted that if one is arguing from facts, there are likely chances of convincing the other negotiator about the reservation price for the negotiation process. The style of negotiation adopted has a bearing on the outcome of the negotiation process hence it is important to choose the ideal approach. Failure to choose a good approach can result in the outcome being compromised. Ethical considerations in negotiation Ethics is primarily concerned with distinguishing between something that is good from bad (Rossouw, 136). Lying is unethical when negotiating since there are high chances that the deal will be compromised. Therefore, the principle of truthfulness should be upheld at all costs in order to promote credibility of the process. It also has to be considered that fairness and equity are conditions that should prevail in a negotiation process so that both parties can negotiate from the same position. I realised that the climate should also be conducive so that the parties involved can feel free and comfortable to air their ideas without fear of being suppressed by the other party. In as far as negotiation is concerned, it can be seen that conditions which promote mutual understanding should prevail. Failure to do that may result in the negotiators reaching a dead end which is not the essence of negotiation. The behaviour of the negotiator plays a critical role in as far as the concept of ethics is concerned. It is always advocated to treat other people as valuable in order to gain their respect. Failure to observe this golden rule is likely to create enmity among the parties involved and this can result in obstruction of the course to be taken towards reaching the targeted goal. However, my strength with regards to the issue of ethics is that I am respectful to the other people I will be dealing with. I find this important because I will also gain their respect which can lead to mutual understanding. My behaviour is also composed and this allows me to express well thought ideas which can enable me to convince the other party to agree with my suggestions. I have also discovered that giving other people a chance to speak will also allow me to refresh my ideas so that I remain on the correct course of negotiation. It is also very important to take into consideration the role of personality traits in the process of negotiation. There is no evidence to support that there is a direct correlation between the bargaining process and the negotiation outcomes (Robbins, 451). As a negotiator, one must concentrate on the issues and situational factors in each bargaining episode and not on the opponent or his characteristics. My strength with regards to this issue is that I remain focussed and resolute on the subject under discussion and I am not tempted to look at the character or personality of the other party. However, the major weakness I have discovered about myself is that I have a tendency to be tempted to lie when I am negotiating for a deal with the other party. Whilst I am aware that this is unethical, I often find myself spicing the details so that they can fit my intended position. This is a bad habit because it can discredit the negotiation process once the other party has discovered that the process is premised on lies. Lying is unethical and this principal applies across the spectrum. The element of lying often creates hostility which is not advocated in the process of negotiation when people begin to treat each other as suspects. Sharing ideas in an enabling environment is good because it enables the parties involved to reach an agreement that is based on mutual understanding. As a general rule, negotiators must not make a forceful decision as this may not reflect the expectations of the negotiators. When a stalemate has been reached, it is important to turn up to the third party to help in finding a solution. Depending on the nature of the negotiation, the third party can come in as a mediator, arbitrator, conciliator or consultant. Usually, this third party is guided by the parameters agreed by the original people involved and his role is only to facilitate a smooth process that can lead to a mutual agreement. Post negotiation It is always important to look back after completing a negotiation process so as to attempt to draw the major strengths and weaknesses encountered during the course of negotiating. This enables the negotiator to capitalise on the strengths which can be used as a basis for improving the negotiation skills. On the other hand, it is important to take note of the weaknesses and attempt to transform them into strengths which can enhance my negotiation skills. It can be noted that negotiation is a process that is comprised of different factors. In order to be an effective negotiator in the future, I realised that the following steps are very important and they should always be taken into consideration by the negotiators. I have also realised that I should have in-depth knowledge of the following factors in order to be effective when negotiating. The first step involves gathering all the information relevant to the subject matter. Determining the BATNA is another important step that needs to be taken into consideration. Deciding the RP is another major consideration in a negotiation process. The need to uphold ethical considerations is another important factor to consider. The appearance of the negotiators is also an important factor to consider. It is important to carry out a post negotiation assessment. Conclusion Over and above, it can be noted that our lifestyles as human beings is characterised by negotiations with the aim of reaching an agreement over something. Negotiation is a process which is not limited to the legal profession only since everyone uses it in one way or the other. From the experience I have so far gained as a negotiator, I realised that my negotiating skills are quite effective owing to the strengths of my personality traits. In as far as information gathering about the client or the subject for negotiation is concerned, I discovered that I possess very good skills in carrying out that task. I am also capable of determining my BATNA as well as the position which gives me a gap for comfort. However, my major weakness is that I often find it difficult to gather information about the other party in the negotiation process. Somehow, I am apprehensive to personally approach the other party to ask for information about himself before the negotiation. I therefore mainly rely on information I get from my client which I am afraid may be subjective in some cases given that it will only reflect his or her personal interests. This can lead to poor negotiation. However, I discovered that in order to be an effective negotiator, there are certain qualities expected of the parties involved. Planning is a very important element in a negotiation process and the negotiators must also be good at listening to the other parties involved in the process. It can also be noted that effective negotiators should be in a better position to make the first offer and they should be in a position to make some concessions fully knowing that they are within the range of their offer. In order to avoid cases of conflicts in negotiation, the negotiators should be in a position to treat each other as equal which may lead to mutual understanding. Ethical considerations should always be prioritised at all costs given that issues related to lying are likely to compromise the negotiation process. Therefore, I discovered that I should take into consideration the above mentioned factors since they are good in building confidence when negotiating for something. Works cited Bazerman, Howard & Neale MA. Negotiating rationally. New York: Free Press, 1992. Print. Craver, Effective Legal Negotiation and Settlement. (6th ed). 2009. Print. Fisher, Shapiro. Beyond Reason: Using Emotions as You Negotiate. 2005. Print. Kennedy, Gary. Essential Negotiation. London: Profile Books Limited, 2004. Print. Robbins, Stephen. Organisational behaviour: Concepts, controversies and Applications, 6th Edition. NJ: Prentice Hall, 1993. Print. Rossouw, Denis. Business Ethics: 3rd Edition. CT: Oxford University Press, 2004. Print. Stone, Difficult Conversations: How to Discuss What Matters Most. 1999. Print. Thomson, Lee. Developing a negotiation style, NJ: Prentice Hall, 2003. Print. Read More