Prepared by :
Institut Supérieur de Commerce et d’Administration
3rd year – Normal Cycle
The Art of Negotiation
Preparation – Techniques - Language
I- Defining negotiation
II- Preparing for negotiations
III- Negotiation techniques
IV- Language ofnegotiations
V- Case study : negotiation for the Free Trade Agreement between USA and Morocco
Like it or not, you are a negotiator. Whether in family or business dealings, people reach many decisions through negotiation. You haggle with the cattle buyer for an acceptable price for your steers. You discuss with farm help the wages you are willing to paythem and the quality of work you expect in return. You dicker with the equipment salesman for a new piece of machinery. And you negotiate the terms of your latest operating note with your lender. Negotiation is a fact of life. In fact, it occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting,and everyday life.
I. Defining negotiation
In simplest terms, negotiation is a discussion between two or more disputants who are trying to work out a solution to their problem. This interpersonal or inter-group process can occur at a personal level, as well as at a corporate or international (diplomatic) level. Negotiations typically take place because the parties wish to createsomething new that neither could do on his or her own, or to resolve a problem or dispute between them. The parties acknowledge that there is some conflict of interest between them and think they can use some form of influence to get a better deal, rather than simply taking what the other side will voluntarily give them. They prefer to search for agreement rather than fight openly, give in, or breakoff contact. Here's how a number of leading thinkers define the topic:
“Negotiation is a field of knowledge and endeavor that focuses on gaining the favor of people from whom we want things.” Herb Cohen, You Can Negotiate Anything, 1920
“Negotiating is the process of getting the best terms once the other side starts to act on their interest.” Mark H. McCormack, McCormack On Negotiating, 1996“Negotiating is a mean of achieving one's goals in every relationship regardless of the circumstances.” Gerard I. Nierenberg, The Art of Negotiating, 1997
“Negotiation is a basic means of getting what you want from others.” Robert Fisher & William Ury, Getting to Yes, 2003
II- Preparing for negotiations
Effective planning is crucial to meeting negotiation objectives. If the parties are toreach a stable agreement, specific events must take place before the parties ever come to the table.
1. Parties must frame the problem, and recognize that they have a common problem that they share an interest in solving. Frames are the conceptions that parties have of the situation and its risks. They allow the parties to begin to develop a shared definition of the issues involved, and theprocess needed to resolve them.
In the early stages of framing, negotiators must also determine their goals, anticipate what they want to achieve, and prepare for the negotiation process. They must define the issues to be discussed and analyze the conflict situation. In many cases, negotiators can appeal to research or consult with experts to help them develop a complete list of the issues at stake.2. Next, parties should assemble all the issues that have been defined into a comprehensive list. The combined list of issues and priorities from each side determines the negotiation agenda. Negotiators often exchange and negotiate the list of issues to be discussed in advance. Consultation between negotiators prior to actual negotiation allows them to agree on the agenda of issues to...