Participating in the scenario about drug testing in the workplace provided some key lessons to consider in a negotiation. Those lessons have influenced the way I approach a negotiation and altered the how I look at conflict in the workplace.
It is important to understand that, while a negotiation framework is important, the structure of a framework can be flexible. In the exercise, a clear framework was constructed prior to the negotiation. Terry, the truck driver, had a positive drug test. He then entered into a meeting with his superior and a counselor in which they would discuss his future at the company. The rule was very clear: drivers must be tested for drugs. Initially, I viewed the rule the same as policy. There was little room
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If the framework were ridged, it would not allow the circumstance to come to light. The framework must be flexible enough to absorb new information or interests.
Another reason for a flexible negotiation framework is the consideration of fairness. Terry’s job was on the line; he had a lot to lose. The negotiation got emotionally charged and managers needed to decide whether the punishment fit the crime. I had difficultly feeling remorse for Terry because of the stigma associated with drug use. He didn’t use drugs but it was his word against science, and there was no way to win the argument. In looking back, I considered other circumstances, such as if Terry had gotten a DUI during a vacation, and came to the conclusion that, while there should be consequences for breaking a corporate rule, there should be further discussions whether there is just cause for such a harsh punishment. The meeting between the superior, Employee Assistance Program representative and Terry allowed for questions of justice to arise. Bringing additional details and personal considerations into the discussion made it much more difficult to come to a solution, but it ensured that the policy was appropriate for the situation.
The question of justice will also influence how I will deal with conflict in the workplace. When addressing a situation, I tend to look at it through the filter of rules. For example, what does the policy say about
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
Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.
Throughout the lecture and my prior knowledge, I identified that the influence tactics are obviously relevant to negotiation and they can be utilized in a variety of ways in negotiation. Looking back the activity, it enabled me to have a better understanding of these important techniques and skills as certain tactics my opponents and I may use were examined at the negotiating table.
Reflect on the negotiation exercise that you participated in. In particular, analyze the facts, tools, mistakes, insights, emotions, and goals from the exercise. Turn in this learning journal within one week of the negotiation exercise.
When I decided to go to law school, a lot of people asked me why and whether I was sure that I wanted to take on such a challenging task. Now, however, those same people are asking me questions about the law or legal problems that they are facing and I reply with the same response, “I’m still in law school, so I can’t help you.” However, throughout this semester in this ADR Survey class, I learned about real life tools that I have been using (without even knowing it) and that I can put into practice right now. This paper will discuss a “negotiation” that I was in at the beginning of the semester and how I might have approached the negotiation differently with the new ADR tools and theories that I learned.
Prepare responses to the questions below after viewing the Negotiation Strategy and Tactics Tutorial in this week's lecture. In drafting your answers to the questions, make sure that you apply course concepts in your answers.
In this negotiation exercise, I was assigned as the Seaborne Governor’s negotiator as part of a six member party meeting to negotiate a deal with Harborco to build and operate a deepwater port off the coast of Seaborne. The Governor on the whole was very interested in seeing this deepwater port built in Seaborne as she believes that the size of the project would provide the stimulus for a dramatic recovery in the state.
In any negotiation, preparation is crucial; and having a set, outlined process to follow when preparing helps mitigate a potential oversight of any significant issues within the negotiation. Following a set process also helps one stay on task and in-line with what the important issues and factors are in a negotiation. In Bargaining for Advantage, G. Richard Shell provides a well-structured framework to follow in planning for a negotiation. For this reason, I used Shell’s negotiation preparation framework to plan for the negotiation between Rapid Printing Company (Rapid) and Scott Computers, Inc (Scott).
It is a complex social process which already becomes part and parcel of our society.
Negotiation is the process of making amicable decisions between individuals or groups. In this assignment, I will discuss a negotiation that did not result in the best possible solution for all parties. This negotiation was related to my work experience where I was a realtor who was representing a buyer in negotiation of the property’s price, mortgage loan rate and terms. I am a real estate licensee and also a member of National Association of Realtors. I have been practicing my license for seven years now. Seven years of experiences in real estate industry
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
In the case of Betty versus Andy, I play the role of Betty. The two co-workers are of equal positions and Andy seems to have a problem with Betty’s punctuality. Betty has a complicated situation at home where she takes the kids to school in the morning, arriving at 10:00am, and takes more than an hour for lunch. Andy does not know about her situation or that she is the last to clock out and decides to give her a hard time about it. In Betty’s defense, it is not any of Andy’s business to be questioning the time she clocks in, how long she takes her lunch, or whether she puts in a 40 hour work week. The manager demands that both Andy and Betty meet to sort things out because their attitudes toward each other are very unprofessional. This tactic is an example of negotiation because the parties are involved in deciding the
Whether or not we are aware of it, each of us is faced with an abundance of conflict each and every day. From the division of chores within a household, to asking one's boss for a raise, we've all learned the basic skills of negotiation. A national bestseller, Getting to Yes, introduces the method of principled negotiation, a form of alternative dispute resolutions as opposed to the common method of positional bargaining. Within the book, four basic elements of principled negotiation are stressed; separate the people from the problem, focus on interests instead of positions, invest options for mutual gain, and insist on using objective criteria. Following this section of the book are suggestions for problems that may occur and finally a
Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of