Your Mentor and Guide to Doing Business Effectively Negotiation Negotiation NORD IRHVI!'RVSAICADrMlrT ItAHD!lSSI(Ol!N ICBDI!'NHAVN . EmW!Makademlet ""benhavn Nord TrongArdsvej440"-2800 Kgs.lyngby Tef+45 8852 6600 o hbusiness Cp COPEI>lI-IAGEN BUSINBSS ..CAD.MV Blbllot.k Landemaerket 11.4,s~ DK-1l19 KJobeNh.vn K www.cphbusineSl.dI< oh4806\5 460.2 The Harvard Business Essentials Series The Harvard Business Essentials series is designed to provide com- prehensive advice, personal coaching, background information, and guidance on the most relevant topics in business. Drawing on rich content from Harvard Business School Publishing and other sources, Negotiation these concise guides are carefully crafted to provide ahighly practi- calresource for readers with all levels of experience. To assure qual- ity and accuracy, each volume is closely reviewed by a specialized content adviser from aworld-classbusiness school.Whether you are anew manager interested inexpanding your skillsor an experienced executive looking for a personal resource, these solution-oriented books offer reliable answers atyour fingertips. Other books inthe series: Financefor Managers Hiring and Keeping the Best People Managing Change and Transition Business Communication Managing Creativity and Innovation Blbllolllk sa L1ndemlle,ket 11.4. DK.mg K.eb.n~.v" K WWw.cpllbu.ineu.dk +45mi4llQa Harvard BusinessSchool Press IBoston,Massachusetts Contents Introduction xi 1 Types of Negotiation 1 Many Paths toaDeal Distributive Negotiation 2 Integrative Negotiation 5 Multiple Phases and Multiple Parties 9 SumrningUp 11 Copyright 2003 Harvard Business School Publishing Corporation 2 FourKey Concepts 13 Allrights reserved Your Starting Points Printed in the United States ofAmerica 07 10 9 8 7 6 Know Your BATNA 15 Reservation Price No part ofthispublication may be reproduced, stored in orintroduced into aretrieval 23 system, or transmitted, in any form, or byanymeans (electronic, mechanical, photo- ZOPA 24 copying, recording, or otherwise), without the prior permission ofthe publisher. Value Creation Through Trades 26 Requests forpermission should be directed to [email protected], Summing Up or mailed to Permissions, Harvard Busin.essSchool Publishing, 28 60 Harvard Way,Boston, Massachusetts 02163. 3 Preparation 29 978-1-59139-111-1 (ISBN 13) Nine Steps toaDeal Library of Congress Cataloging-in-Publication Data Step 1:Consider What a Good Outcome Would Be Harvard business essentials: negotiation forYou and the Other Side p.em.- (The Harvard business essentialsseries) 31 Includes bibliographical references and index. Step 2:Identify Potential Value Creation Opportunities 33 ISBN 1-59139-111-3 Step 3:IdentifyYour BATNA and Reservation Price, 1.Negotiation in business.I.Series. and Do the Same for the Other Side HD58.6.H3828 2003 34 Step 4:Shore Up YourBATNA 2003009818 35 Step 5:Anticipate theAuthority Issue 36 vi Contents Contents vii Step 6:Learn AllYou Can About the Other Side's People 7 Mental Errors 95 and Culture, Their Goals,and How They've How to Recognize and Avoid Them Framed the Issue 39 Escalation 96 Step 7:Prepare for Flexibility in.the Process- Partisan Perceptions 98 Don't LockYourself into aRigid Sequence 40 Irrational Expectations 100 Step 8:Gather External Standards and Criteria Relevant Overconfidence 102 to Fairness 40 Unchecked Emotions 104 Step 9:Alter the Process inYour Favor 41 Summing Up 106 Summing Up 43 8 When Relationships Matter 109 4 Table Tactics 45 A DifferentNotion of Winning How toPlay theGame Well Why Relationships Matter 110 Getting the Other Side to theTable 46 How Perceptions ofRelationship ValueAffect Negotiations 112 Making aGood Start 48 Doing It Right 115 Tactics forWin-Lose Negotiations 49 Summing Up 119 Tactics for Integrative Negotiations 57 General Tactics:Framing and Continual Evaluation 62 9 Negotiating for Others 121 Summing Up 67 Whose InterestsComeFirst? 5 Frequently Asked Tactical Questions 69 Independent Agents 122 Answers You Need Non-Independent Agents 123 Agency Issues 124 FAQsAbout Price 70 Summing Up 127 FAQsAbout Process 72 FAQsAbout People Problems 74 10 Negotiation Skills 129 Building Organizational Competence 6 Barriers to Agreement 79 How to Recognize and OvercomeThem Continuous Improvement 130 Negotiating asan Organizational Capability 133 Die-Hard Bargainers 80 What Makes an Effective Negotiator? 138 Lack ofTrust 83 Summing Up 140 InformationalVacuums and the Negotiator's Dilemma 84 Structural Impediments 86 Appendix: Useful Implementation Tools 143 Spoilers 87 Notes 151 Differences inGender and Culture 89 Glossary 155 Difficulties in Communication 91 ForFurtherReading 159 The Power ofDialogue 92 Index 165 Summing Up 93 About the Subject Adviser 169 About the Writer 170 Negotiation Introduction Negotiation is the means by which people deal with their differ- ences. Whether those differences involve the purchase of a new au- tomobile, a labor contract dispute, the terms of a sale, a complex alliance between two companies, or apeace accord between warring nations, resolutions are typically sought through negotiations. To ne- gotiate is to seek mutual agreement through dialogue. Negotiation is an ever-present feature of our lives both at home and at work. When a parent and a child talk about how the child will improve his math scores, they are negotiating. So, too, are two spouses when they agree on who will do the yard work and who will do the grocery shopping this weekend. In the workplace, nego- tiations are even more ubiquitous. Indeed, the Latin root of the word (negotiatus) means "to carry on business." In modern Spanish, nego- cios means "business." A business negotiation may be a formal affair that takes place across the proverbial bargaining table, in which you haggle over price and performance or the complex terms of apartnership venture.Al- ternatively, it may be much less formal, such as a meeting between you and several fellow employees whose collaboration is needed to get ajob done. If you are a supervisor, manager, or executive, you probably spend a good part of your day negotiating with people in- side or outside your organization-often without even realizing it. Whether you're closing a sale or getting a subordinate to agree to certain performance goals, you are negotiating. Given the role of negotiations in our personal and professional lives,it's important to improve our negotiating skills.Even a modest xi xii Introduction Introduction xiii improvement in those skills can yield asizable payoff, such asalarger pay raise, a better deal on a home purchase, or more effective work- techniques such as anchoring and framing, and how you can some- ing arrangements in the office.This book can help you improve your times alter the negotiation process in your favor. Chapter 5 contin- skills and make you a more effective negotiator. ues that discussion with answers to frequently asked questions about negotiating tactics. Drawing on the best available literature in the field,Harvard Busi- ness Essentials: Negotiation explains the basic concepts followed by ex- Not every negotiation goes smoothly-even those that involve pert negotiators and creative problem solvers. It is packed with friendly parties. One or more barriers-such as structural impedi- practical tips and examples that will help you in your personal life ments, lack of trust, and poor communication-can get in the way of and in your career. a successful deal. Chapter 6 identifies these barriers and indicates how you can avoid them. Chapter 7 discusses mental errors that ne- gotiators sometime bring to the table.These include overconfidence, irrational expectations, and the tendency to escalate offers in an ego- What's Ahead driven zeal to win. Again, the chapter explains how you can avoid Chapter 1 explains the basic types of negotiations: the distributive making these errors. negotiation and the integrative deal. In the first, the value available to Chapter 8 is concerned with relationships. In a onetime trans- the parties is essentially fixed, and each seeks to claim asmuch of it action, one's future relationships with the other parties do not mat- aspossible. Here, one party's gain comes at the expense of the others. ter.The goal isto claim asmuch value aspossible. The purchase of a This type is the so-called zero-sum game. In the second, the parties rug from astreet vendor is atypical example. But many personal and apply creativity and information sharing to create greater value for business deals involve multiple transactions over time among parties eventual distribution. who seek to maintain productive relationships. These deals involve Chapter 2 moves from negotiation types to four concepts that both tangible values and relationship values.Chapter 8shows you how every negotiator should understand and know how to apply: the to maneuver in this tricky terrain and how you can separate deal val- BATNA, or best alternative to a negotiated agreement; the reserva- ues from relationship values. tion price, the point at which you plan to walk away; the ZOPA, or Chapter 9 is about negotiating for others. In many cases the zone of possible agreement in which a deal isfeasible; and the value people doing the actual bargaining are independent or employee created through trades. Each of these concepts is explained and sup- agents of the respective parties: alawyer representing aperson bring- ported with examples. ing a personal injury suit, a purchasing manager representing his or Chapter 3 isabout preparation. You should never enter a negoti- her company in asupplier agreement, a union negotiator represent- ation cold; instead, first learn asmuch aspossible about your own in- ing a local unit in a dispute with a particular employer. There are terests and positions and those of the other side. You can prepare often very good reasons to employ an agent in negotiations, as the yourself using the steps offered in this chapter. chapter explains, but doing sogenerally opens the door to principal! Once you've learned the basics and know what's needed for agent conflicts.The chapter examines these conflicts and how they can preparation, you're ready for chapter 4--"Table Tactics." This chap- be avoided or minimized. ter shows you how to get the other side to the table, how to get It isobviously important for individuals to develop their negoti- negotiations off to a good start, and how to play the game, no mat- ating skills.But what about organizations? Chapter 10 advances the ter which type of negotiation is involved. Here you'll learn about idea of developing negotiating skillasan organizational competence. Imagine what your organization could achieve if its salespeople, xiv Introduction supervisors, managers, and executives were to become progressively better negotiators. This chapter brings together two powerful con- cepts, continuous improvement and core competencies, to demon- strate how training, learning, and the reuse oflearning can be applied to the development of negotiating skills. Types of Negotiation Harvard Business Essentials: Negotiation contains several supple- ments. The first is an appendix containing worksheets that you may find helpful. Free interactive versions of these worksheets, aswell as Many Paths to a Deal other tools found in this book and in other volumes of the series, are available and can be downioade.I from the official Harvard Business Essentials Web site, WWW.elearning.hbsp.org/businesstools. The sec- ond supplement is aglossary of terms. Every discipline has its special vocabulary, and negotiating is no exception. When you see a word Key Topics Covered inThis Chapter italicized in the text, that's your Cue that the word is defined in the glossary. Finally,"For Further Reading" identifies books and articles that can tell you more about topics covered in this book. Ifyou want • Distributive negotiation: claiming value to learn more, these publications can help you. • Integrative negotiation: creatingand claiming value • The negotiator's dilemma: trying to determine whichgame toplay • Multiphase and multiparty negotiations Types of Negotiation 3 constant-sum negotiation. The term win-lose isprobably more repre- sentative of what's involved. Classic examples include the following: • The sale of a carpet, where the buyer and the seller do not know one another. There is no relationship; all that matters is the price, and each side haggles for the best deal. Every gain by one party represents aloss to the other. • Wage negotiations between business owners and their union T employees. The owners know that any amount conceded to the union will come out of their own pockets-and vice versa. HERE ARE TWO primary kinds of negotiation. Chances areyou have been involved in both at one time Inapurely distributive negotiation, the value atstake isfixed, and or another: each side's goal is to get as much of it aspossible. Consider the ex- ample of two people negotiating over shares of afreshly baked apple • Distributive: A negotiation in which the parties compete over pie. Each aims to negotiate for aslarge aportion of that pie aspossi- t~e ~stribution of a fixed sum of value.The key question in a ble, knowing that any concession made to the other party will re- distributed negotiation is"Who will claim the most val ?"I ue. n duce his or her share by an equal amount. Or consider this typical distributive negotiations, again by one side is made at the ex- business example: pense of the other. Acme Manufacturing and asupplier, Best Parts Company, arenegoti- • Integrative: A negotiation in which the parties cooperate to ating an agreement under which Best Parts will make and deliver achieve maximum benefits by integrating their interests into an 10, 000 specified widgets over aperiod of six months. Acme's purchas- agreement. These deals are about creating value and claiming it. ing manager has been instructed toget the lowest possible price, so she's . Few of yo.u~negotiations will be purely distributive. Although pushing for $1.75 per widget. Best Parts's sales manager, on the other dire~t ~ompetItlOn between the interests and goals of negotiating hand, is trying to maximize theprice his employer receives;he's asking parties IScommonplace, opportunities to integrate the parties' inter- for $2.00 per widget. Neither is willing to discuss anything but price. es~ and preferenc~s usually exist. But for the purposes of pedagogy; In the end,Acme Manufacturing gets itsprice. With severalpotential this chapter examines each type in its pure form. These forms are sellers to turn to,itspurchasing manager holds out until the other side, compliqted by two other facts of life addressed at the end of the which lacks other sales outlets, caves in and takes $1.75per widget. chap~er: Negotiations often take place in phases and may involve multIple parties. The seller's goal in a distributive deal is to negotiate as high a price aspossible; the buyer's goal isto negotiate asIowa price aspos- sible.A dollar more to one side is a dollar less to the other. Thus, the Distributive Negotiation seller and the buyer compete to claim the greatest possible value for themselves. There isatug of war going on here. Each negotiator aims The issue in a distributive negotiation is who will claim th al S e most to "pull" the final deal point as close to his or her side's desired price vue. orne people refer to this type of negotiation as zero-sum or aspossible (or even beyond it).