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TEST 1 Study Guide

by: Bri Perl

TEST 1 Study Guide SPEA-V435

Bri Perl
GPA 3.61
Negotiation and Arbitration
Nan Stager

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About this Document

This study guide has all of the information from the notes, quizzes, and reading.
Negotiation and Arbitration
Nan Stager
Study Guide
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This 8 page Study Guide was uploaded by Bri Perl on Monday September 28, 2015. The Study Guide belongs to SPEA-V435 at Indiana University taught by Nan Stager in Summer 2015. Since its upload, it has received 35 views. For similar materials see Negotiation and Arbitration in Linguistics and Speech Pathology at Indiana University.

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Date Created: 09/28/15
Con ict intangible Situation in which the concerns of two or more people appear to be incompatible Incompatibility of needs interests values and goals between or among people 0 Comes down to values and beliefs 0 Ex planned parenthood comes down to values and beliefs 0 Con ict is natural and desirable stressful and unpleasant but necessary 0 The earlier you deal with it the better 0 Our society has a strong cultural belief in an adversarial approach to con ict quotinvisible veilquot western culture believes courts are right adversarial is best Con ict caused by the parties different perceptions of reality 0 5 Approaches to Con ict o Competing forcing quotfight backquot winose o Avoiding quotdeny or withdrawquot runaway no outcome deny o Accommodatingsmoothing quotgive in osewinquot give your wallet away 0 Compromisingbargainingl split the difference loselose 0 Problem solving collaborating Cooperative winwinl help him much someone else Dispute tangible event quotEasier to resolve than con ictsquot When a claim based on a grievance is rejected in whole or in part 0 First comes a grievance then a claim then its rejection 0 Ex wrongful termination o courts deal with disputes 3 Approaches to Resolve Dispute o Reconciling underlying INTERESTS Interests are your underlying needs 0 Determining RIGHTS Rights are objective standards laws policies contracts Determine who is quotrightquot by asking for a 3rd party decision through arbitration 0 Determining who has more POWER Power is ability to force the other party to do what they don t want to do Dispute Resolution o The methods that people use in an effort to resolve interpersonal con icts To turn opposed positions the claim and its rejection Goals of ADR To provide ef cient dispute resolution by relieving court congestion undue cost and delay 0 To provide more effective dispute resolution 0 To enhance community involvement in dispute resolution and decision making Perception The process of using the senses to acquire information about a situation quothow you make sense of the worldquot 0 Perception is subjective and in uenced by your values experiences and culture 1each persons perception has validity Perceptual Distortion Error in recognizing information it is a major impediment to effective con ict resolution 0 Ex being scared from scary movie Con rmation Bias People don t want to change views of the world they seek info that con rms their opinion Framing De nes what a con ict is about how an issue is framed in uences your perception of the issue 0 quotshaping perceptionquot Position The solution you have decided on Hardball Tactics Designed to pressure targeted parties to do things they would not otherwise do 0 Ex scaring people hiballIowball false demand asking for something you don t want as a concession for something Target Point Price you want to pay where you want to conclude nego a on Resistance Point Your bottom line the point you will not go beyond Initial offerasking price Starting point for a negotiation Settlement Range The spread between resistance points 0 Positive bargaining range there is overlap between resistance pts 0 Negative bargaining range no overlap between resistance pts 3 Dimensions of Negotiation 1 Tangible issues being negotiated 2 Intangible Psychological needs of parties 3 Procedural how negotiation is conducted Negotiation Terms Distributivezero sum better bargain for one worse bargain for other lntegrative positive sum cooperative bargaining where solution meets interests of both sides Dividing quotpiequot dividing the resource pool Expanding quotpiequot making resource pool larger Loss of face psychologically needs of parties in negotiation preserving dignity 4 Approaches to Ethical Reasoning EndResult based on BEST results do what is necessary to get best outcome 0 Ex Stealing cancer drugs for someone with cancer Duty based on duty to uphold rules and principles 0 Ex never breaking law Social contract Based on normsvalues of organization or community quotappropriate conductquot 0 Ex negotiating collective bargaining using false demands Personalistic Personal convictions doing what your concisence tells you 0 Ex I do what I think is right 5 Approaches to Con ict CompetingForcing adversarial WINLOSE 0 Ex ghting the mugger back Avoiding deny or withdraw NO OUTCOME 0 Ex Running away deny having a wallet Accomodating give in LOSEWIN 0 Ex giving the mugger your wallet Compromising split difference LOSELOSE 0 Ex giving the mugger the cash in wallet you keep wallet Collaborating Cooperative WINWIN 0 Helping mugger mug someone else 3 Approaches to resolving dispute 1 Reconciling underlying INTERESTS underlying needs through neganUon 2 Determining RlGHTSl rightsaws determine through arbmediation 3 Determining who has more POWER ability to coerce other party to do what they don t want to do Active Listening Being able to restate what the speaker has said most effective when combines restating with empathetic response Modes of communication 0 Nonverbal body language 0 Verbal actual stated words 0 Para Verbal tone in ection emphasis Levels of communication 0 Nothearing distractions noise 0 Hearing content understanding words 0 Hearing feelings understanding the emotion ValueClaimers Claim as much value as possible competitive want ALL ValueCreators Create value by finding joint gains cooperative winwin Distributive Bargaining Goals of one party are fundamental and direct con ict with the other party 0 Both parties want to maximize their share resources are xed and limited Use when need to maximize value relationship is not important the claiming value stage of neganUon Typically used in transactions Distributive Bargaining Situation 0 Bargaining mix issues negotiating price move in date repairs Target Point goal price Resistance Point Lowest point Bottom line lnitial offer starting Point Settlement point point at which parties agree on a settlement want to get close to other partys resistance point 4 Tasks of distributive bargaining 1 ASSESS the other partys target resistance point and BATNA 2 MANAGE the other partys impression of your target resistance BATN 3 MODIFY other partys perception of own target resistance point BATN 4 MANIPULATE actual costs of delaying or terminating neganUons Positional Bargaining OOOO Traditional way of negotiating 0 Taking then giving up positions during a negotiation 0 Parties state their positions solutions they want out of each other In this type of bargaining parties START with the solution they want inviting a counter offer 0 Parties propose solutions and make offers and counter offers accordingly GOAL TO win by ANY means biggest share of limited resources Principled Negotiation Interest based approach to negotiation 0 Parties preserve relationship and meet each others intrests through a problem solving approach based on objective standards GOAL Produce a wise agreement efficiency improve or not damage the relationship among parties STEPS Principled Negotiation 0 Separate the people from the problem 0 Focus on interests not positions 0 Generate options for mutual gain Broaden options on table Expand the quotpiequot Invent ways to make their decision easy 0 Insist on Objective Criteria An independent standard or information that exists separate and apart from a dispute Ex law court precedent market value tradition 0 Know your BATNA Best alternative to a negotiated agreement IF NEGOTIATION FAILS 0 Ex quit job go on strike le lawsuit Judge every offer against BATNA batna and best negotiation alternative are different How to turn other side to Principled Negotiation 0 Focus on what you do indierect change game by playing a new 1 0 Focus on what they do direct direct their attention to merits follow steps and ask them to do the same 0 Call in third party outside mediator can help both sides follow steps quotDirty Tricksquot Onesided usually hidden negotiation tactic about how negotiation is being conducted Used to deceive as an attempt to gain power 0 Ex Prisoners Dilemma Tit for Tat quotif they don t take it walk outquot Negotiation strategy and Planning Determine your Negotiation Goal Determine your strategy and tactics to achieve your goal 0 Strategy overall approach 0 Tactics short term moves used to enact strategy Determine your PLAN to implement your strategy 0 Identify bargaining mix Goals and interests and the other sides Needs of your constituents Know Opponent Determine Strategy 0 Determine Procedural Issues Stages and Phases of Negotiation 0 Preparation 0 Relationship building 0 Info gathering Info using 0 Bidding most common mistake never start w offer GATHER INFO 1st 0 Close deal 0 Implement agreement Ethics 0 Social standards or guidelines for what is right or wrong in particular situation Morals 0 Individual personal beliefs about what is right and wrong re ect values Lie By Commission 0 Statement believed to be false made with intent to deceive Lie by Omission o Withholding information that is relevant to negotiation in order to gain an advantage 0000 Quiz Questions 1 All of the following are characteristics of negotiation situation except a There are two or more parties b There is a con ict of needs or desires between parties c The parties negotiate by choice d It is characterized by a quotgive and takequot process 9 10 11 12 13 14 15 The term that means negotiating parties need each other in order to achieve their objectives is a Interdependent A zerosum situation can be described as a WiNLOSE Value Creation is a process where a Parties nd a way to meet their interests by creating or sharing more resources In negotiation the quotpiequot refers to a The resource pool The Authors of Getting to Yes believe that arguing over positions is illadvised because a It produces unwise agreements b It endangers ongoing relationships c It is impossible when multiple parties are involved d It is in ef cient Separating people from the problem can best be described as a Focusing on the issues of the dispute instead of the disputants quotPeople problemsquot fall into 3 categories a Perception emotion communication Which can best describe position a The solution you have decided upon Which describes the term interest a What motivates you to decide What is one of the 4 obstacles that inhibits inventing op ons a Assumption of the xed pie Which phrase best describes objective criteria Standards that exist interdependent of the will of either side Which of following is an example of objective criteria Tradition Market Value Scienti c judgment Court precedent All of the above What do Fisher and URY say you should do if other side is more powerful Develop your BATNA Term BATNA means Best option that you have available if negotiation ends without agreement a DP00quot


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