This article is written by Syed Abul Abbas of 2nd Year of LLB of University of Lucknow
Abstract –
This article will discuss about how effective negotiation is done by negotiator including discussion and bargaining things as well the qualities of the negotiator and the process of negotiation.
A negotiator is a person involved in a formal discussion with a formal party, individual, enterprise in order to reach a successful ground of agreement.
In order to resolve disagreements amicably, parties engage in negotiation. Parties first meet and talk about what they want and how much it will cost. An excellent speaker and listener are necessary for efficient communication and negotiation. To ensure a good contract, negotiators need a positive outlook, respect for the other party, a sense of humour, knowledge and planning, patience, and mutual understanding. Successful negotiations require planning, a positive outlook, respect, humour, knowledge and planning, patience, and a shared understanding.
As for the process, there are generally several stages involving preparation regarding time, place, rules and regulations as well as members who will represent such party, discussions and bargaining.
Keywords – Negotiation, negotiator, process, agreements, formal, planning, knowledge.
Introduction
Who is a negotiator?
A negotiator is someone who either gets to an agreement with someone else or assists others in reaching such an accord. When two people cannot agree, it is time to bring in a mediator. In other words, a person who is involved in formal financial or political discussions in order to try to reach an agreement.
A good and skilful negotiator can make the deal fall in this favour.
When two businesses merge, they can use the assistance of a negotiator to iron out the terms of the deal. When a married couple divorces, attorneys or mediators act as negotiators, ensuring that the deal works for all parties. In the 1500s, the term negotiator simply meant “businessperson,” derived from the Latin root negotium, which means “a business or occupation.”
WHAT IS NEGOTIATION?
Negotiation is a process or a dialogue or a strategic discussion between two or more parties in order to resolve grounds of differences as well as to gain advantage for an individual or collective or creating outcomes in order to satisfy and achieve various interest.
It is a method of settlement of differences as well as a process through which compromise or an agreement is agreed upon while avoiding arguments and disputes.
From bargaining of vegetables or grocery to deals between two nations, all these are various forms of negotiation in which everyone wants themselves to be successful
Qualities of a Negotiator
A negotiator must have high level of qualities in order to be effective and efficient in his work. A good skilful and a efficient negotiator can negotiate better and properly convey his and the parties thoughts.
Without the ability to concede, reaching a mutually satisfactory discussion will be exceedingly challenging. Rarely will a party in a negotiation obtain what they want. To the extent that it is agreeable to the other party, each party should try to negotiate the best deal feasible.
To determine your needs and level of acceptance while meeting the demands of the other parties, active listening and focused speaking are essential.
Positive attitude and sense of humour are essential since they promote comfort between the parties. No matter how friendly you are with one another, discussions can occasionally go south. Being positive and able to see things from the other party’s perspective are crucial in these situations.
Although you want to benefit the most from the transaction, the other parties also need to gain as much as they can. There should be an atmosphere of respect shared by the two parties. Ineffective negotiators refuse to give in while expecting others to do the same.
No matter how highly you esteem the other parties, it is equally crucial to make sure you are satisfied. Good negotiators constantly have a focus on balance. To obtain what you can, concessions must be made. Therefore, you must take care to avoid being reduced to a minimum in the end.
There are several qualities that are looked in a negotiator for his involvement in a political or financial contractual situation.
The better the negotiator, better will be the process and communication.
We will now discuss the qualities of a negotiator and they are as follows –
- Efficient speaking
- A positive attitude
- Efficient listening
- Respect for the other parties
- A sense of humour
- Knowledge and planning
- Patience
Efficient speaking –
Clear understanding of facts and stating personal views efficiently as well as stating the wants and the necessary terms in front of the respective group or party is a prime quality that a negotiator must possess. There should be effective and fluent and understandable communication as well as confidence.
Efficient listening –
Effective listening help in better communication and negotiation in the best possible way. Being attentive and noting parties point and listening to the party to know what they want for business and profits as well as good will is of extreme importance.
Positive attitude –
Positive attitude is very important both in ethical and contractual sense. It is the attitude to want the deal and to do everything possible to negotiate and get the deal in favour. It makes the view that the individual is interested in the deal and will work efficiently.
Respect for other parties –
One must show respect for the opposing side while also keeping in view that they are in the business of making a profit and will only bargain when they stand to gain something. A negotiator must be ethical and respectful in his work.
Sense of humour –
Its important for the negotiator to possess traits of humour so that both parties are comfortable with one another, when things deviate in the wrong direction, the negotiator must inject his sense of humour and think from both parties’ perspective.
Effective Planning and Knowledge of the fact –
These two factors are pivotal because they enable the moderator to make informed opinions about how important to offer in a given situation. Knowing about once deals that are similar to this bone also aids in knowing when to walk down.
tolerance –
Every aspect should be precisely examined with great care, and one needs to give the other party time to make a decision as we want to seize the deal and also desire deals in the future. It’s also important to make a common understanding so that no party loses out.
Some of the fresh attributes to consider that may affect accommodations include −
• Emotional intelligence
• Creativity
• Persistence
• Patience/Tolerance
• tone- confidence
Stages of Negotiation Process
- Preparation –
* immaculately, what do you want to gain?
* What are your reasonable pretensions?
* What kind of concessions are you ready to make?
* What occurs if your ultimate ideal isn’t attained?
Chancing out as much as you can about the opposing party and their most likely point of view can also be considered medication. also, gather any substantiation that can support your case. For case, if you are negotiating for a creation or a new job at work, be prepared with specific cases of your successes, along with hard numbers if possible. However, take references from guests or associates who were pleased with your services, If it helps strengthen your argument. The maturity of seasoned mediators believes that the most pivotal element in the entire process is medication.
- Discussion –
Discussion is another important process which helps in understanding studies of the parties. It entails an exchange of ideas between the parties so they may decide whether they’re interested in the agreement or not. It also saves time and helps the parties get on. The moderator should speak with confidence and avoid sounding proud.
- Exchange of knowledge –
Preparation and having knowledge of the case is extremely important before the morning of the concession. They might have also made medications if they’re smart. At this point, each side will lay out their first stations on what they want and what they’re set to offer in exchange. The concession process depends on your capability to express yourself easily. The other side, if they want to negotiate a deal, will have a lesser understanding of what it could take to make that be, so you might not get everything on your want list. You’ll have a clearer understanding of their position and possible areas of inflexibility.
- Logrolling –
The parties express their positions on all issues up front, and the deal is also finalised by saying what was and wasn’t negotiable. harkening to the other side out and avoiding being dismissive or argumentative are pivotal factors of this step. A cordial relationship is more likely to be successful than an aggressive bone in accommodations because successful accommodations number some give and take on both sides. Its important to keep in mind that a concession may take some time, so avoid rushing it or letting yourself get pressured.
- Achieving or closing a Deal –
It’s time to wrap up the addresses after everyone is happy with the outgrowth. A formal contract or a verbal agreement could be used as the ensuing stage. The ultimate is generally a superior idea because it explains each party’s position in detail and can be executed if one party does not fulfil their obligation.
Exemplifications (Examples) of Negotiation (Accommodations)
If you plan to buy a vehicle but don’t want to pay the manufacturer suggested retail price. In that case, you might offer what you consider a fair price. In utmost cases the dealer can fight your price or accept your offer. By possession good negotiating chops, the price can be brought down to a position of satisfaction of both parties and the dealer may also walk down with profit. Or let’s say you’ve been offered a new position but do not suppose the pay is acceptable. There may be some room for concession since an employer’s original offer of remuneration is constantly not its stylish one. In reality, according to a 2016 check conducted by the CareerBuilder website, 73 of companies are willing to bandy a morning pay with job campaigners. And if a rise in income is not possible, the employer might be open to furnishing commodity redundant like further time off or a better position.
* Payment of pretences of workers during lockdown
The Honourable Supreme Court ruled that in order to resolve a disagreement amicably, both the employer and the hand must engage in accommodations with one another. analogous recommendations were made to the landlord and tenants so they could choose how important and when to pay the rent if they weren’t abiding in the property during the lockdown.
* Apple and Samsung
In an extreme illustration of the significance of concession in business, a California jury ruled in August 2012 that Samsung would have to pay Apple further than$ 1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge ultimately reduced the pay-out to$ 600 million. latterly, another jury ruled that Samsung would have to pay Apple$ 290 million of the quantum overruled by the judge in the 2012 case.
Case study: Enron
Enron and India
The case of power shops in India illustrates the numerous different aspects that may impact the concession process in a different institutional setting. In this particular case, multiple stakeholders, an amiss institutional terrain, and a lack of acceptable understanding of the Indian institutional terrain by Enron negatively told the concession process between Enron and the state government of Maharashtra.
Conclusion
The purpose of concession for an individual or group is to formulate results to meet different interest and break points of differences. It constantly involves making concessions in order to advance a cause and win acceptance. A crucial element in assessing whether or not a concession is successful is how dependent the parties are on one another to carry out an agreement.
Most international agreements are unable to be compromised during negotiations because they are subject to restrictions and sanctions, but negotiations at the local or corporate level are excellent options for resolving disputes amicably and outside of court because they are time and cost effective.
References
https://www.vocabulary.com/dictionary/negotiator https://www.britannica.com/dictionary/negotiator
https://link.springer.com/chapter/10.1057/9780230353909_7
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