WIN/WIN NEGOTIATIONS Presented by: Dave Kaczmarek, CMRP, FAHRMM Senior Director, Huron Healthcare 312-718-6031 Dkaczmarek@huronconsultinggroup.com A New Car List price $25,000 Your target $22,000 For commission $20,000 Your first offer $19,000 Final price $21,000 Win/Win???? When do YOU negotiate? SHOULD I NEGOTIATE? Questions to Ask • Can I live with the current offer? • What’s the probability of a better solution? • Do I have the time to invest? • Do I have the necessary knowledge? • Do I have the power to impose my solution? WHO IS YOUR AUDIENCE? NORMAL NEGOTIATION STYLES Adversarial (Hard) • Take positions • Clarify and defend • Convince Concessionary (Soft) • Worry about relationship • Sloppy agreements • Vulnerable CONTRASTING STYLES WIN - WIN WIN - LOSE WIN/WIN PRINCIPLES Cooperation People & Problems Interests Not Positions Creative Options Objective Standards COOPERATION • Partners in finding a solution • View as an opportunity to problem solve • Both outcome AND process are important • The relationship should be enhanced PEOPLE & PROBLEMS Failing to deal with others sensitively as human beings prone to human reactions can be disastrous for a negotiation. - from Getting to Yes PEOPLE & PROBLEMS Negotiation happens at two levels • Substantive • Interpersonal Egos become involved Parties draw unfounded inferences PEOPLE & PROBLEMS Base the relationship on: • Accurate perceptions • Appropriate emotions • Clear communication • Forward-looking, purposive outlook INTERESTS NOT POSITIONS Interests: - the silent movers behind the positions Composed of - needs - concerns - desires - fears INTERESTS NOT POSITIONS Reconciling interests works because For every interest Several possible positions Behind opposed positions More shared interests INTERESTS NOT POSITIONS How do you identify interests? • Ask “why” • Ask “why not” • Realize there are multiple interests • Focus on basic human needs INTERESTS NOT POSITIONS Explain What Your Interests Are: • Make your interests come alive • Acknowledge their interests • Put the problem before your answer • Look forward not back • Be concrete but flexible CREATIVE OPTIONS To invent creative options you must: 1. Separate inventing from judging • Brainstorm with colleagues • Brainstorm with other side CREATIVE OPTIONS To invent creative options you must: 2. Broaden the options on the table • Don’t look for the single answer • Use facilitation techniques • Change the scope • Invent different strengths BROADEN THE OPTIONS Stronger Weaker Substantive Permanent Comprehensive Final Unconditional Binding Procedural Provisional Partial In principle Contingent Nonbinding CREATIVE OPTIONS Let’s Divide a Pie Let’s Divide a Pie This Kathi Dave Kathi This Kathi Dave Dave CREATIVE OPTIONS To invent creative options you must: 3. Search for mutual gains • Make the pie bigger • Identify shared interests • Dovetail differing interests • Ask for preferences CREATIVE OPTIONS To invent creative options you must: 4. Make their decision easy • See through their eyes • Look for legitimacy • What are the consequences • Do a “yesable proposition” Sufficient Realistic Operational OBJECTIVE STANDARDS Fair Standards: Market value Precedent Efficiency Tradition Equal Treatment Reciprocity Scientific judgment Costs Professional/moral standards What a court would decide OBJECTIVE STANDARDS Fair Procedures: One divide, the other choose Take turns Use arbitrator Develop solution before you decide who will do which Last best offer arbitration OBJECTIVE STANDARDS Negotiating With Objective Criteria: • Frame each issue as a joint search • Reason and be open to reason • Never yield to pressure - only principle WIN/WIN PRINCIPLES Cooperation People & Problems Interests Not Positions Creative Options Objective Standards DON’T REACT Go to the Balcony What is a B est A lternative To a N egotiated A greement DEVELOP YOUR BATNA Without One It Is Easy To: • See your alternative in the aggregate • Be unduly pessimistic • Agree or not agree unwisely DEVELOP YOUR BATNA • Invent a list of actions • Improve some of the more promising • Select, tentatively, the best one A WIN/WIN RESULT Destroy Your Adversary By making him your partner in problem-solving negotiation WIN/WIN PRINCIPLES Cooperation People & Problems Interests Not Positions Creative Options Objective Standards