NEGOTITATOR

Proposals may be substitutes but they need not be comparable.
With several proposals it is difficult to make accurate comparisons because the proposals may not be comparable at all. Each proposal varies in a different respect to the other. They are similar in that they are fruit, but one is an apple and the other is a pear.

Use of a private tribunal or person to adjudicate a dispute between parties instead of recourse to litigation.

Many countries have a legal basis for the use of arbitrators, sometimes making the decision of an arbitrator legally blinding on the parties. Sometimes it is a non-building voluntary arrangement when it arises out of a conciliation process.

If you are unable to resolve a dispute, refer the issue to a mutually acceptable third party who, for a fee, receives submissions from each side, exercises judgment and then pronounces a verdict. Alternatively, you and the disputing party can nominate one person each, and the two nominees then choose a third person to for an arbitration panel.

Argument is a destructive form of debate.
Some negotiations never got beyond argument. We can only negotiate PROPOSALS. Destructive argument consists of:
• Emotive language
• Point scoring
• Blaming, swearing and cursing
• Attacking the other negotiator’s integrity
• Questioning their authority
• Interrupting
• Shouting down
• Mocking
• Generally being obstructive
 An argument prevents proposals being formulated, or if formulated, prevents their being considered constructively. 

The world is full of unfulfilled ambitions. Some research shows that high aspirations produce better results than low aspirations; you never got more than you ask for. Other research shows high aspirations result in a higher incidence of DEADLOCK.

Balance the prize of high aspirations with the PRICE of unfulfilled ambition.

When a party with high aspirations meets a party of low aspirations, the less ambitious party sometimes gives way: ambition becomes self-ful-filling. Alternatively, the overambitious negotiator antagonizes the less ambitious. Worms turn; they fight back; sometimes they gain enough courage from their anger to reverse their low aspirations.

The world is full of unfulfilled ambitions. Some research shows that high aspirations produce better results than low aspirations; you never got more than you ask for. Other research shows high aspirations result in a higher incidence of DEADLOCK.

Balance the prize of high aspirations with the PRICE of unfulfilled ambition.

When a party with high aspirations meets a party of low aspirations, the less ambitious party sometimes gives way: ambition becomes self-ful-filling. Alternatively, the overambitious negotiator antagonizes the less ambitious. Worms turn; they fight back; sometimes they gain enough courage from their anger to reverse their low aspirations.

May be intentional or unintentional. Intentional ambiguities arise when there is a need for a face-saving formula to break a DEADLOCK: “You interpret it your way and we will interpret it our way”.
  Employer-union PROCEDURE agreements state that: “The employers have the right to manage their enterprises and the unions have the right to exercise their functions”. These rights overlap, and depending on the circumstances and the economic climate, one side’s interpretation could trespass on the others.

ASSUMPTIONS
In business, and in affairs of the heart, assumptions are inevitable.
• Check out your assumptions before acting upon them.
• Ask QUESTIONS.
• Listen to the answers for what they tell you about your assumptions.
 

Preferred name for a contract. Agreements are on the angles side of the TRUST boundary; contracts lie just over it. If agreed obligations are not met, call your agreement a contract.

Record what was agreed during the negotiation, not after you have dispersed. If you cannot agree what was agreed while you are together, it is unlikely that you will do so later. If you cannot agree, carry on negotiating until you can.

Record the agreement in any mutually acceptable from. All agreements should outline the action to be taken by each party to implement the agreement.

Somebody who represents a PRINCIPLE to third parties: Used in real estate transactions and for the buying and selling of goods and services. 

In some countries laws protect agents, making it difficult to terminate an agency – at least cheaply – if circumstances suggest you should do so. Many countries require foreigners to operate exclusively through nationals who act specifically prohibit the use of local agents (because of bribery scandals).

 It is essentials about local practices to avoid surprise penalties and unplanned jail sentence.

 There are four important prerequisites in negotiating an agency contract.

1.       Strictly define your agent’s authority and the limits to your liability.

2.       Strictly define the territory.

3.       Reserve the right to terminate the agency:

4.       Include a dated TERMINATION clause that enables you to re-assign the agency to another party, redefine the extent of the territory, renegotiate any of the terms of the agency, or take over direct distribution of your own product.

An order of business:  It sets out the sequence of the issue to be negotiated; it is a helpful organizer of what would otherwise be a wandering debate.

 

You can agree on the composition of an agenda but disagree on the order in which items will be discussed. One solution is to agree to negotiate the items in any order on the basis that “nothing is agreed until everything is agreed”.

 

Extremely hostile relationships between negotiators preclude detailed agendas. But agreement to consider an agenda is a step forward, and the less specific the headings on the agenda, the more likely the parties are to agree to meet.