Chapter 7, Negotiations, NCO DL Test 2

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Integrative

A more appropriate approach for military negotiators is the integrative category. The integrative category doesn't see resources as necessarily fixed and should be approached as a win-win situation. Integrative negotiations still acknowledge that resources must be distributed (there is value to claim at some point in any negotiation). Conflict is not seen as inevitable; there is the possibility for mutually beneficial, "value creating", cooperation. Negotiators see their opposites as partners in the process. Cooperation between the negotiators has the potential to create new value from existing resources by combining or using them in new or different ways.

Demand

A statement that gives no options for the counterpart's input.

Facilitative

Active mediator encourages disputants to clarify issues, and discuss positions and interests.

Anchor

An offer that is at the aspiration point, or more aggressive. Pulls the other negotiator closer to your desired outcome.

Insist

Assertive style that is usually used in emergency situations. This style attempts to overwhelm your opponent and should be used with caution

CNS Benefits (Cooperative Negotiation Strategy)

CNS changes negotiation from a contest of wills to a search for solutions CNS focuses on the problem, but also actively manages the relationship CNS focuses on understanding the underlying interests CNS recognizes that information sharing and critical thinking are at the heart of problem solving CNS and the 3C Model By taking the time to establish a trusting relationship and an understanding of one another's culture, values, beliefs, and worldview, negotiators are better able to collaboratively search for a solution that satisfies the needs (interests) of everyone instead of engaging where the disputing negotiators are seen as adversaries in a contest of wills.

Cooperate

Collaborative style that can manages the relationship while striving for a mutually pleasing outcome.

Settle

Compromising style that should be used when the task and people neither hold a high or low importance. This style usually results in a quick negotiation.

Closure

End of the mediation process, resolution not required.

Task and People Orientation

Every negotiation involves some sort of task and the interaction of two or more people, or groups of people. These form the "framework" used to visualize and understand the differences between the five styles you commonly use to negotiate. The first step in selecting a negotiation style that is most appropriate for the situation is determining whether the task, the people, or both tasks and people are important.

Further Developing Negotiation Skills The Who, Stakes, and Situation

Every negotiation should take into consideration the who, stakes, and situation. You must assess WHO you are dealing with, know what is at STAKE, and know the criticality of the current SITUATION before entering into a negotiation, or while the negotiation is occurring.

Impasse

Failure to move toward a resolution while mediating.

STAGE 5: Closure

If a resolution is not reached, the closure stage may require the mediator reconvene a second mediation session, refer the disputants to another mediator, or even recommend other dispute resolution methods like litigation. In most cases, the mediation session will usually conclude with some form of resolution. For mediations that do end in a mutually satisfying outcome, this stage could become quite lengthy, especially if there is legally binding documentation and administration involved.

hardball tactics - next 7 slides are examples of them and their countermeasures.

In Distributive Negotiations it is common to run into hardball tactics.

Power

In a negotiation you can apply "power over" or "power with" your opposite. Power over is used to gain an advantage, such as pulling rank. Power with improves the opportunity for a mutually satisfied outcome for all negotiators involved.

STAGE 2: Disputants' Opening Statement

In the second stage, the disputants have an opportunity to offer their opening statements. Here, they are given adequate time to speak without interruption regarding the issue at hand and share their side of the issue. Each person should fully explain the issue, their position, and interests as they see it so that everyone, including the mediator, understands their point of view.

Step 5: Solution

In this final step, the best idea from all of those presented is selected by all negotiators. Select option(s) for a solution that meet the most important priorities for both sides. To help this process, it's suggested that critical thinking questions continue to flow as options are suggested.

Step 2: Interests

Interests are the reason behind your position. Assess why you think the position from step one is the one you need and estimate why you think your counterpart might desire his or her position.

Evaluative

Mediation with a subject matter expert that describes the issue, offers their opinion, and suggests options.

Joint Discussion

Mediator and disputants interact in an attempt to develop options for a resolution

Transformative

Mediator empowers the disputants to see and understand the others point of view.

Narrative

Mediator uses questioning to create stories to help disputants understand and cooperate.

Techniques of an effective active listener include:

Minimal Encouragements - Minimal encouragements are questions, comments, or sounds that do not interfere with the flow of conversation, but let others know you are there and listening. They build rapport and encourage the speaker to continue. •• Includes statements like Oh?, When?, and Really? Paraphrasing - Paraphrasing demonstrates evidence that you were listening and understand. It clarifies content, highlights issues, and improves active listening techniques. ••Usually, paraphrasing begins with the statements like, "Are you telling me...?" or "So what you are saying is..." Emotion Labeling - This is often the first active listening skill used in a crisis situation. Although it's important to be attuned to the emotion behind the message, you often attempt to get into the problem- solving phase too early. In this case, the speaker is not prepared to reason just yet because he or she has not provided all the information needed for solution development. •• Common phrases include, "You sound...," "You seem...," or "What I hear is..." Do not be concerned about making a mistake in labeling emotions, the speaker will correct you and will often appear grateful for your attempt. Mirroring (or Reflecting) - This is the technique of repeating the last word or phrase spoken in the form of a question. This asks for more input without guiding the direction of the speaker's thoughts and elicits information when you do not have enough to ask a pertinent question. Mirroring is useful when you are at a loss for words. Open-Ended Questions - The purpose of open-ended questions is to help the speaker to start talking. Open-ended questions encourage a person to say more without actually directing the conversation. They are questions that cannot be answered with a simple yes or no and usually begin with how, what, when, where, and why. However, be careful using the why question as these tend to steer the conversation toward blame and shut down communication. "I" Messages - "I" messages let speakers know how they are making you feel, why you feel that way, and what the speaker can do to remedy the situation. This is a nonthreatening approach that usually doesn't put the speaker on the defensive. "I" messages are used when communication is difficult because of the intense emotions being directed at you. Negotiators, after being verbally attacked, also use this technique to refocus the speaker.

Options

Options (which include possible solutions, choices, and alternatives) are simply the different ways of solving the problem. When seeking options, there are two important steps that must be accomplished. First define the problem, situation, or dispute. Second, identify the required and available resources (information, power, time, people, money, etc.) needed to solve the problem, improve the situation, or settle the dispute. More resources usually lead to more options. It's important to remember that information is critical to developing options and power is key to making the options possible.TIPO and the NPSC

Stakeholders

Outsiders who have an interest in dispute resolution.

Comply

Passive strategy that doesn't focus on the task, but should preserves the relationship between you and the opposing negotiator.

IBN (Interest-Based Negotiations)

Preferred by Air Force Mediators that focuses on interests instead of the positions.

Psychological interests

Psychological interests (sometimes called relationship interests) are concerned with how people feel, how they are perceived, and how they relate with others.

Readiness and Ripeness

Readiness is the ability to decide when it's in your best interest to negotiate an agreement rather than to continue a dispute. Even when it's decided to negotiate, failure to proceed sensitively can jeopardize negotiations. When preparing to negotiate, use these questions to examine your readiness: •• Am I ready to be reasonable? ••Has enough time passed that I can put aside my feelings and deal rationally with the issues and decisions that need to be made? •• Am I fundamentally ready to do "business" with the other person/group involved? •• Is the other person/group ready to be reasonable with me? ••Do I want to resolve these issues equitably? •• Am I willing to make compromises and give some things up? •• Am I willing to work to keep the channels of communication open? •• Can I accept that there will be differences of perception and what I think is fair? ••Do I feel that the other negotiator is basically fair minded? Timing is critical to successful negotiations. Conflict scholars and negotiators often use the concept of ripeness. After determining whether you are ready for negotiation, use these questions to test whether the situation is ripe for negotiation: •• Are the issues negotiable? •• Are all people/groups interested in negotiating? If not, why is one or more reluctant? •• Can anything be done to make negotiation more attractive to them? ••Does everyone know their alternatives to a negotiated settlement

STAGE 4: Caucus

Simply stated, the term caucus means "private meeting." This is an optional stage that can occur at any time during the mediation process but, when needed, usually occurs when joint discussions collapse. These are private, confidential one-on-one discussions between the mediator and each individual. Maintaining confidentiality after the caucus is most important of promoting and providing a free and open environment.

Substantive interests

Substantive interests, which are perhaps the most important, have to do with things such as schedules, prices, salaries, etc. Substantive interests make up the bulk of most negotiations.

Interest

The "why" behind your position.

Cooperate ("Let's work together and come up with an even better idea")

The Cooperate style depends heavily on each negotiator's collaborative efforts and desire to achieve a mutually acceptable outcome (task orientation) while simultaneously managing a trusting relationship (people orientation). Here, the focus is on the common interests that drive each negotiator's position. These interests are not always evident and may take time to uncover, but eventually lead to a common ground. When you cooperate with others, you generate options that are valued by all negotiators and the solutions are usually better than what you could have created on your own. However, for this to occur, both negotiators must be willing to trust each other (or be willing to cultivate trust), share information and power, and suspend judgment on the possible options.

TIPO and the NPSC

The TIPO model and the NPSC are two tools to enhance your ability to effectively negotiate. Understanding the pieces of TIPO and how they dictate which negotiation style may be appropriate is important to reaching your aspiration point.

BATNA

The best option you can implement if an agreement is not negotiated.

Aspiration

The best outcome you hope to negotiate.

Step 4: Brainstorming

The final two steps are accomplished with the opposite negotiator. You are now engaged in brainstorming with your counterpart and developing ideas that will satisfy the interests you have developed. When brainstorming, attempt to use divergent thinking. During this process, you should try to be comfortable with uncertainty and ambiguity. Additionally, you should attempt to develop flexible plans with as many options as possible. Negotiations are negatively affected when information about interests is not openly shared.

Information

The level of trust directly influences the amount of information shared between/among negotiators. When you trust your opposite, you believe the information they present is truthful and accurate. As a result, you should feel more comfortable sharing information which can lead to better discussions, more effective brainstorming sessions, and a shared selection of options that are good for all involved. However, if you believe the opposite is withholding or offering false information, your options are to use a third-party source to validate the information, confront your opposite with concerns regarding the information, dismiss the information altogether, or continue to negotiate based only on the information provided.

ZOPA (Zone of Posssible Agreement)

The overlap of the negotiators aspiration and reservation points.

Conflict Management and the NPSC

The potential for conflict exists whenever two or more people are present. Dr. Kenneth Thomas, author of an article entitled Conflict and Conflict Management defines conflict as the "process that results when one person (or a group) perceives that another person or group is frustrating, or about to frustrate, an important concern." Incompatible differences in values, interests, beliefs, opinions, world-views, and perspectives are all contenders to fuel dispute. As supervisors and leaders within your organizations, how you manage conflict has a tremendous impact on team cohesion, unit effectiveness, and ultimately mission success. The Thomas-Kilmann Conflict Model uses the following styles for approaching conflict: Competing, Collaborating, Accommodating, Avoiding, and Compromising. Conflict Management NPSC Competing ~ Insisting Collaborating ~ Cooperating Accommodating ~ Complying Avioding ~ Evading Compromising ~ Settling

Negotiation Preferences and Style Chart

The two important variables (tasks and people) dictate what negotiation style you should employ. The Air Force Negotiation Center at The Air University developed the Negotiation Preference and Style Chart (NPSC), which can assist you when selecting which negotiation style is most appropriate at that time.

Categories of Negotiation

There are two basic categories that virtually all negotiation strategies fall into: distributive and integrative.

People Orientation

This approach centers on the relationship that exists between the individuals or groups involved. In some situations, developing or maintaining the relationship is more important than the task at hand.

Task Orientation

This approach places more importance on reaching an outcome, solution, or resolution. In the military, this is centered on getting the mission done. High task orientation means you are very motivated to resolve a problem or respond to a critical situation.

Distributive

This category assumes resources are limited. The task of any distributive negotiating process is to divide up a fixed set of resources, also known as value claiming. Distributive negotiation's objective is to claim a portion of whatever value is on the table. Negotiators meet to exchange proposals, offers, and counter-offers. Distributive negotiations are usually over a single-issue and considered win-lose. This approach to negotiations could be used when attempting to divide, divvy, or distribute something. Because resources are seen as fixed and limited, any gain by one side represents a loss for the other. Conflict is almost inevitable, and competition rather than cooperation guides negotiations.

STAGE 3: Joint Discussion

This is the first opportunity for the disputants and the mediator to interact. The mediator's role is to assist the members in focusing less on their positions and more on their interests. Here, the mediator facilitates a conversation between the disputants. Effective questioning (using open-ended and follow-up questions) are extremely useful here. If joint discussion breaks down, or issues arise that are sensitive or confidential, the mediator should suspend the joint discussion and move to caucus.

STAGE 1: Mediator Opening Statement

This is where the mediator meets with all disputants together for the first time. The mediator begins the session with introductions followed by an opening statement. The purpose of the opening statement is to establish a structure for the mediation session, ensure the disputants understand the mediation process, and gain their commitment to it.

Impasse

This occurs when there is the failure to make progress toward resolution.

Evade ("Not now, maybe later?")

This passive, unassertive, strategy is often used to maintain the current situation and is best used when the current situation favors any proposed solution, the issue at hand is unimportant to one or both negotiators, there are other more pressing matters that take priority over this situation, or the opposite is way too powerful. •• An Airman wants to change one of your workcenter's processes, but you don't have time to consider it because you're working on a time sensitive tasker.

Paying Attention During Communication

To use the integrative style effectively, you must pay attention during communications to understand the underlying issues. Guidelines for becoming an attentive negotiator include: •• Listen for and observe the speaker's verbal and nonverbal signals •• Respond accordingly and appropriately to ensure a meaningful and progressive interaction •• Avoid making predictions as to what the speaker will say next (we typically stop listening when we believe we know what the person will say next) •• Focus on the message and not the distractions (we can be easily drawn to other objects in the room, like a person's clothing for example)

Trust

Trust is the foundation of relationships with others and faith in a system. There are two major categories of trust, Trust in a Person and Trust in a Process.

Negotiation

Two or more people or groups striving to reach an agreement or course of action.

Evade

Unassertive style that could be used to maintain the current situation. Many times the opposite is too powerful and other tasks are more important

Insist ("Take it or Leave it")

Use this assertive "winner-takes-all" task-oriented style when obtaining your objective is paramount, regardless of the cost to the opposite's interests or to the relationship. Although one of the most effective task oriented strategies, it's also one of the most misused...use it with caution. •• Your subordinate requests leave to go on vacation during the wing readiness inspection.

Settle ("Let's just split the difference and call it a day")

Use this compromising style when there is little chance of getting everything you want, but a solution is necessary. This style minimally satisfies the interests of both negotiators and typically begins with a "soft offer" in order to leave room for maneuvering toward an option.

Comply ("Sure, let's do it your way!")

Use this passive strategy when preservation of the relationship between you and the other negotiator is more important than the task. With this style, one negotiator complies with, or gives in, so the opposite gets what they want. Use of this strategy tends to delegate responsibility to the opposite party. •• Your best friend wants pizza for lunch. Even though you don't like pizza that much, you agree because your friendship is important to you.

Step 3: BATNA (Best Alternative to a Negotiated Agreement)

When completing this step, ensure your BATNA is valid by considering these three questions. •• Can you execute the BATNA without consent or participation of the other negotiator? ••Do you have the time and resources, and are you willing and able to execute the BATNA? ••Does the other negotiator see your BATNA as credible and believe you'll execute it?

Trust, Information, Power, and Options Model

Within each negotiation are variables that influence the outcome of your efforts. They are trust, information, power, and ultimately the available options. Analyzing these variables while preparing for negotiations, or while negotiating, should increase your ability to reach your aspiration point. The significance of this model is two-fold: First, it illustrates how trust influences your use of information and power, and how information and power influence the ways and means options are developed to resolve disputes, solve problems, and reach mutually-satisfying solutions. Second, it emphasizes the reasons why you should consider the trust, information, and power that exists in each negotiated situation beforehand so that you can better predict the possible options. A careful and proactive assessment assists in determining the strategy your opposite plans to use, allowing us to select the most effective negotiation strategy of your own to reach a mutually-satisfying outcome.

Position

Your best possible outcome during a negotiation.

Reservation

Your least favorable offer you'll accept during a negotiation.

Step 1: Positions

Your position is what you envision as your best possible outcome, or what you want the solution of the negotiation to be. Establish your position, and then estimate what you think your counterpart's position might be. Think about what each of you might want in a mutually satisfying solution. While the position is important, you should be focusing on your, and the other's, interests.

6. Yesterday, TSgt Richey was informed that she must find nightly child care or enact her family care plan and send her 8 month old son Logan to her mother in a different state. Sitting in her office, she contemplates, "I want to remain on dayshift. I know my superintendent wants me to work the night shift. Since I haven't found professional childcare open at night, maybe I can take the weekend shift. The main reason I need to remain on dayshift is so Logan can stay in daycare. I know my superintendent is only trying to make the schedule fair, and I have only ever worked weekday dayshift. I simply cannot move Logan hours away, he needs me. If we cannot work something out to remain on days, I'll move my cousin here and she can watch Logan while I work." TSgt Richey's _____ will MOST likely _____ NCO effectiveness a. understanding of the Planning Phase; increase b. misunderstanding of the Planning Phase; decrease c. understanding of the Negotiation Phase; increase d. misunderstanding of the Negotiation Phase; decrease

a. CORRECT. According to the CNS section, the first three steps (pre-negotiations, or the planning phase) should be well developed before the first meeting. The three steps of positions, interests, and BATNA draw no conclusions, but help to organize thoughts. In the scenario, TSgt Richey plans for a reengage with the superintendent when she thinks, "(Positions) I want to remain on dayshift. I know my superintendent wants me to work the night shift. (Interests) Since I haven't found professional childcare open at night, maybe I can take the weekend shift. The main reason I need to remain on dayshift so Logan can stay in daycare. I know my superintendent is only trying to make the schedule fair, and I have only ever worked weekday dayshift. (BATNA) I simply cannot move Logan hours away, he needs me. If we cannot work something out to remain on days, I'll move my cousin here and she can watch Logan while I work." Since Richey uses the three steps this will increase her effectiveness as an NCO through being prepared for the negotiation with the superintendent.

9. MSgt Smith leads a unit whose mission is being hampered by resistance from the local villagers. Smith meets with a village elder to explain his concern. The elder says, "The villagers are poor and in need of food and medicine, and your patrols disrupt their ability to work." Smith responds, "I can help with food and medical care. However, the patrols must continue." The elder replies, "It may help to reduce the disruption to work if we knew your patrol times." Smith replies, "Due to security reasons, I cannot give you that information." The elder says, "The villagers can help gather intelligence and share their knowledge of the terrain." Nodding his head Smith says, "That information could help us minimize disruptions to the villager's daily routine." After a couple of weeks, Smith noticed that resistance from the villagers had faded and his unit was able to conduct its mission more efficiently. This scenario BEST illustrates TSgt Smith's use of the __________________ strategy and its impact on mission effectiveness. a. cooperate b. insist c. settle

a. CORRECT: According to the Negotiation chapter, cooperating is a negotiation style that generate options that are valued by all negotiators and the solutions are usually better than what we could have created on our own. In the scenario, cooperation took place because both negotiators won (e.g. Smith was able to gather intelligence and conduct his patrols and the villagers received food and medical care with less interruption to their daily routine).

Mediation

an alternative form of dispute resolution that helps facilitate negotiations between disputants. With mediation, people or groups turn to a neutral third-party who use interest-based problem solving techniques to assist in resolving the dispute.

Progress Check 8. While briefing negotiations at the First Term Airman's Center, MSgt Gould says, "First you need to consider how strong your relationship is with the other people or group involved in the negotiation, and if the process will be fair. Next, think about if you consider what the others say as true. Could they be attempting to deceive you? What do you know that they don't, and vice versa? Will you share your knowledge, and do you believe they will, too? Does anyone have the ability to influence the others actions or decisions? Finally, think about resolutions that could end the dispute. It's important to cooperate while negotiating." MSgt Gould's comments BEST identify _____. a. CNS b. TIPO c. NPSC

b. CORRECT. MSgt Gould identifies the TIPO model when he says, "(trust in a person) First you need to consider how strong your relationship is with the other people or group involved in the negotiation, (trust in a process) and if the process will be fair. (Information) Next, think about if you consider what the others say as true, or could they be attempting to deceive you. What do you know that they don't, and vice versa? Will you share your knowledge, and do you believe they will? (Power) Does anyone have the ability to influence the others actions or decisions? (Options) Finally, think about resolutions that could end the dispute."

3. While briefing his flight, TSgt Silvers says, "Because it's fast, this style of negotiating may be more appropriate when you have a neutral task and people orientation. You may not be able to negotiate to your aspiration point but reaching a solution is essential. When initially discussing your position, leave some wiggle room in between your anchor and aspiration point for the opposing negotiator to suggest options." TSgt Silvers comments BEST identify the _____ negotiation style. a. comply b. settle c. evade

b. CORRECT: According to the NPSC section, the settle negotiation style is a compromising style to be used when there is little chance of getting everything you want, but a solution is necessary. This style minimally satisfies the interests of both negotiators and typically begins with a "soft offer" in order to leave room for maneuvering toward an option. The people orientation is moderate to low, as we expect the opposite to take care of their interests while we take care of ours. Also, on the NPSC chart, settle is in the neutral position between the task and people orientations. In the scenario, TSgt Silvers is clearly explaining the settle style.

5. The AU/CC is visiting and TSgts Gomez and Ramos must choose an Airman to brief the organization's mission. Each TSgt has selected a different Airman which causes a disagreement. While preparing to resolve the dispute, TSgt Gomez thinks to himself, "TSgt Ramos and I have worked together for years and trust each other. Because we will continue working together, I should use a higher people orientation than task when applying the negotiation styles. I believe my Airman will do a better job and they need the experience of talking to top leadership; however, Ramos' briefer would suffice. The visit is weeks away, so we have time to collaborate and ensure we pick the best briefer." This scenario BEST illustrates an understanding of__________ and how they contribute to NCO effectiveness. a. Paying attention during communication b. Who, Stakes, and Situation c. Integrative Negotiations

b. CORRECT: According to the developing negotiation skills section, you must assess who we are dealing with, know what is at stake, and know the criticality of the current situation before entering into a negotiation, or while the negotiation is occurring. In the scenario TSgt Gomez' thoughts illustrate him considering the who, stakes, and situation before a negotiation. "(Who) TSgt Ramos and I have worked together for years and trust each other. Because we will continue working together, I should use a higher people orientation than task when applying the negotiation styles. (Stakes) I believe my Airman will do a better job and needs the experience of talking to top leadership; however, Ramos' briefer would suffice. (Situation) The visit weeks away, so we have time to collaborate and ensure we pick the best briefer."

4. During a counseling session, TSgt Foye says, "I'm not sure why you continue to intentionally use the old process. Last week I was forced to give you an LOC, but you still haven't adapted. Your co-worker got to leave work early yesterday because of their participation. The superintendent has promoted this change since it began. If you want to stay a SSgt, I suggest you get on board. The sections morale has been suffering and customers are complaining about the inconsistency." The scenario BEST illustrates the _____ piece of the TIPO Model and its impact on mission effectiveness. a. trust in a process b. personal powers c. position powers

c. CORRECT: According to the TIPO section, the position powers are often used to pressure or force someone to do something. The position powers include: coercive, reward, connection, and legitimate. In the scenario, TSgt Foye uses all four position powers during the counseling session. , "I'm not sure why you continue to intentionally use the old process. (Coercive) Last week I was forced to give you an LOC, but you still haven't adapted. (Reward) Your co-worker got to leave work early yesterday because of their participation. (Connection) The superintendent has promoted this change since it began. (Legitimate) If you want to stay an SSgt, I suggest you get on board. The sections morale has been suffering and customers are complaining about the inconsistency."

List the four Position Powers that provide you the authority to make decisions, requests, and issue lawful orders based on your position.

coercive, reward, connection, and legitamate.

10. TSgt Jones, the Munitions Operation Flight Chief called a meeting with the section NCOICs to discuss manning swaps. SSgt Dillan, NCOIC of Maintenance, is concerned because he just finished training his Airmen and doesn't want to lose them. On the other hand, TSgt Snyder, NCOIC of Support, was glad because he wants to get rid of some slackers and acquire better workers. During the meeting, the Flight Chief was surprised by the section chiefs' responses and how they held firmly to their positions. The heated discussion quickly became unproductive. TSgt Jones' _____ will MOST likely have a _____ impact on mission effectiveness. a. use of the negotiation styles, positive b. failure to use the negotiation styles, negative c. understanding of readiness and ripeness; positive d. failure to understand readiness and ripeness; negative

d. CORRECT: According to the Negotiations chapter, Negotiation readiness is defined as the capacity to decide when it's the best interest to negotiate an agreement rather than to continue a dispute. Negotiation ripeness refers to the timing of negotiations. TSgt Jones failed to understand ripeness and readiness as evidenced by his surprise at the section chiefs' responses and how they held firm on their positions which further indicates the situation was neither ready nor ripe for negotiations. Overall, TSgt Jones' actions will have a negative impact on mission effectiveness.

Negotiating Style - list the 5 in the NPSC Chart

five styles illustrated in the NPSC commonly used in negotiation: (1) Evade, (2) Comply, (3) Insist, (4) Settle, and (5) Cooperate. Selecting the most applicable negotiation style is imperative; based on the task or people orientation, the style should be transparent.

5 Stages of Mediation -

look at the figure at the top of page 327. add more about it here on this slide if you want. The figure below identifies the five stages of mediation; however, like anything worth doing well, you must first prepare. This includes developing effective communication skills, understanding of interest-based tools, and preparing for the actual session. On the next slides list the 5 stages of mediation.

Next four slides should be moved up into chapter one around slide 7. There are three basic types of interests, what are they?

procedural, psychological, and substantive.

The Cooperative Negotiation Strategy - List the 5 steps and which are used in planning versus negotiations.

used in planning stage - positions, interests, BATNA used in negotiation stage - brainstorming and solution

Exploding Offer - This offer is only good for 24 hours, or while supplies last.

•• Counter this by asking for more time or offer an option that is close to your aspiration point.

Highball/Lowball - The other side sets a very high anchor and then offers a concession, and you feel obligated to respond with a concession. This sets you up to feel you are getting a fair deal, since the other negotiator will likely say something like "let's split the difference" from an overly high price.

•• Counter this by refusing to negotiate unless they give you a more realistic opening offer, or by countering with a Highball/Lowball of your own.

Mediation Styles

•• In the evaluative style of mediation, a subject-matter expert mediator describes the issue, offers an opinion on the strengths and weaknesses of each disputant's side, and suggests options to resolve the matter. •• In facilitative mediation, an active third-party (mediator) who enhances communication and encourages the disputants to discuss matters freely and voluntarily participate in the mediation process. In facilitative mediation, the disputants clarify issues, reevaluate positions, and analyze interests—all with an eye towards resolving the dispute that brought them to the mediation table. •• Transformative mediation focuses on empowerment, enabling negotiators to define their own issues and seek solutions on their own. It enables negotiators to see and understand (not agree with) the other negotiator's point of view. •• The narrative technique works to "deconstruct" how each negotiator sees the conflict, uses open-ended questioning, and constructs alternate stories to achieve understanding and cooperation.

Procedural interests

•• Procedural interests are those concerning how a process is conducted. Negotiators with procedural interests are not as concerned with the actual details of the outcome as they are with how an outcome is determined.

Personal Powers - list the three

•• Referent (Charisma): People respond to this power because they respect and admire you, or tend to follow and agree with you because they aspire to be like you. This power affords the opportunity to encourage, motivate, and inspire others. •• Information: This power comes from one's knowledge, use, and sharing of data or information that others may need or desire.However, when you trust others and share information, you increase their information power as well as their trust in you. Expert: This power comes from one's expertise or education in a specific task, subject, or career field. Subject-matter experts are valuable members of any organization.

Lying - Always avoid dealing with someone who is not bargaining in good faith- you should evade. What does it take to rebuild trust when you've been lied to? Even when dealing with this tactic, it's important for you to remain truthful.

•• You can counter with a statement similar to the following: "The way things have been going the last week or so, I'm confused. Could you explain exactly what is going on? It's hard for me to work with you if I don't have the facts straight."

Nibble - You are about to sign, and then the opposite demands a little something extra at the end to close the deal. This person measures success by winning, by beating the other person, and by getting what they wanted.

•• You should stand ready with a little something extra of your own to demand. If they do not comply with your nibble, you could insist on the original deal or evade the negotiation.

Intimidation/Aggressive Behavior - Attempting to force the other negotiator to agree by means of emotional ploy, this tactic usually uses anger or fear.

•• one way to counter this is to change the game from hard bargaining to interest based negotiation and use active listening by rephrasing their demands as interests. If they are being rude, you can call them on it. If this hardball tactic continues, you may have to evade or insist your position.

Usually the mediation process includes a ____________, _________________, and ___________________.

••Mediator: A mediator facilitates communications, promotes understanding, and focuses disputants on their interests (rather than their positions), and seeks creative problem solving to enable the negotiators to reach their own agreement. ••Disputants or Negotiators: The two or more people or groups who have a degree of difference in positions, interests, goals, values, or beliefs and who cannot reach an agreement on issues or courses of action between themselves. •• Stakeholders: Stakeholders are other outside negotiators who have a vested or personal interest in the initiation, processing, and resolution of an existing dispute. Commanders, first sergeants, supervisors, subordinates, neighbors, family members, as well as legal and other intra-agency representatives (e.g. labor unions) are all potential stakeholders of mediation.

Good Cop/Bad Cop - While working as a team, one opposite is sympathetic to your interests and position, while another is aggressive and insists on their aspiration point.

••When faced with a case like this, counter it by naming it for what it's; "you two aren't playing the old Good Cop/Bad Cop routine are you? I can see what you are doing..."

Snow Job - This tactic aims to overwhelm you with too many details; one person can only absorb so much. It becomes extremely difficult to determine what is real and/or important and what is a distraction.

••how to counter this?: Wear the opponent down by making him or her explain each element. The snow job counts on the person giving up on understanding. Make them slow down and go through each piece in painstaking detail.

List and discuss the four "tools" that can assist in getting past an impasse.

▪▪ Caucus: A caucus is a confidential and private meeting between each of the disputants and the mediator. Caucuses offer the mediator the "behind-the-scenes" perspective from each person to ensure there is a potential ZOPA. ▪▪ Emotional Control: For the mediator, it's very important to have no outward reaction to an emotional display. A reaction can jeopardize the mediator's all-important neutrality and credibility. Throughout the session, the mediator retains the responsibility for maintaining the safety of the participants. ▪▪ Reality Checking: This is a process where the mediator gets the disputants to understand, typically through a series of questions, the weaknesses of their case, issue, or demand. When disputants have a very weak position (argument), no claim for what they seek, no legal basis for the settlement they desire, or unrealistic demands of the other individual, reality checking is necessary. ▪▪ Fostering Understanding of Others' Views: One of the strongest barriers encountered in negotiation and mediation is the inability or unwillingness of the negotiators to "see" the problem from their opponent's point of view. A skilled mediator can assist in overcoming this obstacle by using empathy. Empathy is understanding another's situation, feelings, and motives. It's the ability to put oneself in the other person's position and walk a mile in their shoes. Understanding the other side's point of view doesn't mean the mediator shares, agrees, or even sympathizes with it. Empathy merely provides new perspectives that may open options previously hidden.


Ensembles d'études connexes

Ch. 10 - sales contracts and related procedures

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