********This is the deaullt template. Please follow the same format
that is used below. Note that "hard returns" (from the ENTER or RETURN
key) in the HINT field will cause the next word to be on a new line in the
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COPYRIGHT BEACON EXPERT SYSTEMS, 1992
********
#1:
Question Name: Your interests
Question:
Describe the #minterests#m of each of the parties.
Checklist:
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Hint:
1. What are the underlying #minterests#m or needs of the parties? This is one of the most important issues in any negotiation. If you understand the interests of the parties you have a much greater chance for success because you will then be able to do trade-offs of: issues you don't care about, for issues you care about more than does the other side.
If you click your mouse on "interests" in the Plan edit window, you can get a definition of t
#2:
Question Name: Your side
Question:
List the #mparties#m on your side. See #mrole play#m.
Checklist:
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Hint:
This question is designed to get you thinking about who will be at the negotiation as a party on your side. Of course, there may be some
differences of your interests and you should note them. Who should you talk with before the negotiation?
In the process of answering questions 2. and 3. from the long list of questions (35) you might decide to restructure the negotiation
to add an ally who would give you more power or drop an ally with whom you have an important conflict of interest or bad dynamics.
Planning brings out
#3:
Question Name: Your side but not present
Question:
Which parties are on your side but not present (ie., banker, spouse, etc.)?
Checklist:
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Hint:
The parties on your side but not present physically can still have a symbolic presence. You can mention your conversation with a powerful ally, or better yet share a letter from him/her with the other side. This question seeks to help you be more aw
are of the larger picture at a time when you can still improve that picture.
#4:
Question Name: Other side
Question:
List the #mparties#m on the other side.
Checklist:
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Hint:
Who are the parties on the other side at the negotiation? Are they of a single mind? Do they have any conflicts of interest? How will that affect you? The next question asks who is on the other side but not present. Can you neutralize anyone who
will be present on the other side?
#5:
Question Name: Parties on other side but not present
Question:
Which parties are on the other side but are not present (ie., banker, IRS, spouse, etc.)?
Checklist:
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Hint:
Does the other side have to satisfy anyone who is not present at the bargaining table? Can you strengthen your alternatives (your *BATNA) or weaken their alternatives (their BATNA)? Do they have any conflicts of interest with the other parties on
their side, but not present?
#6:
Question Name: Negotiator on other side
Question:
What kind of negotiator is on the other side? See #mpersonal style#m.
Checklist:
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Hint:
You can append expert system data into this question.
The Negotiator Profile part of this program will give you a start in answering this question. (Try "Append Expert System Data" under
the Plan menu.) It gives generalizations about the other negotiator. If you don't yet know the other negotiator you might skip this question.
Think about how to find out more about the other people from people who took part in past negotiations. If more than one
person is on the other side, do a profile of each major negotiator.
As a result of doing this, you might decide to have a different person take the lead on your side to get a better fit of the
personalities.
#7:
Question Name: Background to negotiation
Question:
Describe the background of the negotiation.
Checklist:
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Hint:
What are the strengths (and problems) brought to the negotiation? How can you build on the strengths? You might have ideas on how to use one or more aspects of the background to help in this round. The next two questions will get you thinking about
materials you might want to have for the negotiation.
#8:
Question Name: Briefing book research
Question:
Describe what materials will be in your #mbriefing book#m.
Checklist:
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Hint:
Think of a briefing book as being similar to a lawyer's trial note book.
It should contain your notes on such subjects as:
- background of the negotiation
- notes on parties and their alternatives
- notes on factual issues
- notes and references to objective standards
- notes on legal issues
- list of your major and minor interests
- list of their major and minor interests
- ways to establish authority
- ways to tie-down or finalize the negotiation
- ways to evaluate the negotiation
#9:
Question Name: Other research materials
Question:
List research and background materials you have and note location.
Checklist:
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Hint:
Other research materials may be in your files or elsewhere. These materials might include: prior contracts and memoranda, reference books with objective standards that you need which are in a library, or someone's office, past negotiation files, and
so forth.
#10:
Question Name: Needed research materials
Question:
List research materials still needed. See #mbriefing book#m.
Checklist:
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Hint:
You can use the ActionPad for a short list of your "to do" items. You might want to #mbrainstorm#m here about your preparation process:
- who to talk to
- who not to talk to, and why
- where things are located
- when you will do certain tasks
- the costs/benefits of preparation
#11:
Question Name: Involved parties' interests and proposals
Question:
Involved parties' #minterests#m, #mproposals#m, #mterms#m, and #mBATNA#m.
Checklist:
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Hint:
This question is designed to have you briefly list the interests you brainstormed in question one together with the proposals of the parties to make it easier to visualize creative win-win solutions and trade-offs.
#12:
Question Name: Terms and Standards
Question:
List the #mterms#m, #mobjective standards#m, and the ways you will #maccredit#m your proposal.
Checklist:
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Hint:
This question is designed to encourage you to find and use objective standards for each of the major ($) terms that you list.
#13:
Question Name: Acceptable Outcomes
Question:
#mBrainstorm#m and #mrank outcomes#m with your #mBATNA#m as the bottom line.
Checklist:
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Hint:
What are the possible outcomes for the negotiation? Try to rank them according to desirability. Put into the picture your alternative (BATNA) in case this negotiation falls through. Remember, your alternatives may be as good or better than the
possible outcomes. Or, in other words, you may be better other with no deal than a bad deal.
A strategy is an overall approach to the negotiation. Tactics are the ways you implement your strategy. A strategy should be picked which is consistent with the realities of the situation and your capacity to carry it out. There are some things you
can influence and others which are beyond your control. However, you can pursue a more open, #mwin-win#m approach even if the other side is ent on being #mcompetitive#m as long as you are sensitive to limitations on their ability to respond to your
process or to free up a lot of time or resources.
#15:
Question Name: Tone of negotiation
Question:
What tone do you want to set for the negotiation?
Checklist:
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Hint:
For instance, you may be dealing with an excitable negotiator and you may decide in advance to try to set a low-key tone.
#16:
Question Name: What might modify the intended tone
Question:
What could affect your goals for tone of negotiation? See #mdynamic#m.
Checklist:
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Hint:
Try to anticipate all possible events that could change things: sudden changes in terms, deadlines, other side''s negotiating team, gov't upheavals, retirements, economic changes, etc.
#17:
Question Name: Establishing a relationship
Question:
List ways to establish a #mrelationship#m with the other side.
Checklist:
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Hint:
Do you come from the same industry? hometown? state? historical era? ethnic background? urban background? college? grad school?
#18:
Question Name: Who is on your team
Question:
If your team has more than one member, list their names and #mroles#m.
Checklist:
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Hint:
Why is each person on your team? What is their role on the team, address, home and work phone numbers, and so forth.
#19:
Question Name: Who is on other team
Question:
If the other team has more than one member, list their names and #mroles#m.
Checklist:
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Hint:
Does anyone know the other side? If so try to do an analysis of their roles and team dynamics.
#20:
Question Name: Proposed groundrules
Question:
What are the setting and #mgroundrules#m for the negotiation?
Checklist:
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Hint:
Where will everyone feel the most comfortable? Is certain data more accessible somewhere? Is healthful refreshment available? Are there time limits? Are any topics off-limits?
#21:
Question Name: Will you open the negotiation
Question:
Will you start the negotiation? See #mrelationship#m.
Checklist:
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Hint:
Most experienced negotiators will come into a negotiation to first exchange information, establish a relationship and size up the other side. Proposals put forth too early may backfire or lose effectiveness by seeming premature.
For example, you might talk together about general topics, such as: each other's company or organization, background and education, your family, and your hobbies.
#22:
Question Name: How make first offer
Question:
Would you make an #minitial proposal#m?
Checklist:
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Hint:
The first offer is usually not launched at the opening of the negotiation, however, there does have to be an initial proposal made by someone. At some point you''ll need to join this process.
#23:
Question Name: How and when to communicate your interests
Question:
How and when will you communicate your #minterests#m to the other side?
Checklist:
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Hint:
Communicating interests lets the other side(s) know what your concerns are. It makes your concerns seem less arbitrary and ultimately should result in more stable deals. Usually done early in the process.
#24:
Question Name: How and when to communicate your BATNA
Question:
How and when will you communicate your #mBATNA#m?
Checklist:
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Hint:
When will you let the other side know what your alternatives to the deal are? If you talk about this before you have a relationship it will appear to be a threat and not the statement of fact you may intend.
#25:
Question Name: Willingness to make new proposals
Question:
How and when will you communicate about making new proposals?
Checklist:
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Hint:
When do you show flexibility? Brainstorming is useful when the parties find that they have laid some of their cards on the table, indicated their interests and reached a temporary impasse.
#26:
Question Name: How will you accredit your proposal
Question:
How will you accredit your #mproposal#m?
Checklist:
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Hint:
The definition of accredit indicates a number of ways to make your position more believeable. Why should the other side take your interests and positions seriously? What objective criteria and emotional arguments can you put forth?
#27:
Question Name: Select tactics
Question:
What #myesable#m proposals can you make? What other #mtactics#m will you use?
Checklist:
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Hint:
If you click on "tactics" in the question you will find a list of 27 tactics to view. Commonly used tactics include: judo, sequencing, taking a break, judo, humor, and using audio-visual presentations.
#28:
Question Name: Possible disagreement with client over tactics
Question:
Any possible disagreement with client over use of above #mtactics#m?
Checklist:
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Hint:
You should make sure that you and your client or boss, or colleagues, etc., are on the same wave-length on all important issues. Disagreement can come at the worst possible moments. If possible, have your authority put into writing. Role playing w
ill help.
#29:
Question Name: Tactics for impasse
Question:
What #mtactics#m will you use if the negotiation gets to an #mimpasse#m?
Checklist:
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Hint:
When faced with impasse don't react in anger or frustration. Take a break. Is it a real conflict or just a tactic of the other side? Control your feelings, be positive, summarize progress to date, invent new options but sure to hold firm to your
interests , use objective criteria, improve your BATNA, and acknowledge the other side's concerns.
You can append expert system data into this question.
#30:
Question Name: Other side's possible proposals
Question:
Try to #mbrainstorm#m about the other side's #mpossible proposals#m.
Checklist:
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Hint:
Wenever possible try to build on the other side''s proposals. Build bridges from where they are. Try to find creative win-win solutions that meet their interests as well as your own. Focus on interests and not positions. Be hard on the problem
not the people.
#31:
Question Name: Other side's concerns
Question:
List the #mother side's concerns#m.
Checklist:
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Hint:
Why is the other side very reactive about certain issues? Is it a usual way of relating or is there a particular concern? Acknowledge their concerns in a variety of ways: "I hear that you are worried about..." or "I understand your feelings about
this matter..."
#32:
Question Name: Your concerns
Question:
What are your concerns, and how will you #mprotect yourself#m?
Checklist:
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Hint:
What issues are of special concern to you?
If these matters get raised will it upset you? To better control your feelings discuss them in advance, role play, and take breaks when necessary.
#33:
Question Name: Tie-down tactics
Question:
What tactics will you use to #mtie-down#m the deal?
Checklist:
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Hint:
To "tie-down" or "wrap-up" a negotiation is to get a commitment from the other party or parties. This is usually a two-step process. First ask for a verbal commitment to the proposed terms, "do we have a deal?" The next step is to agree on the
process for obtaining a written commitment. Click on "tie-down" to get more details on this.
#34:
Question Name: Insuring compliance
Question:
How do we insure #mcompliance#m with the deal?
Checklist:
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Hint:
Is the agreement one both sides can live with? Is it self-enforcing? Is it clear what performance and non-performance are? For example, do you have milestones built into the agreement so that expectations are spelled out?
#35:
Question Name: Utility of the deal
Question:
How do you measure the #mutility#m of the deal to each party?
Checklist:
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Hint:
How good is the agreement for you? For the other party or parties? If possible, use both objective standards as well as soft criteria to answer this question, e.g.:
HARD
a. how does it compare to previous deals?
b. to existing trend of past deals?
c. if you factor in current business/inflation/other trends?
d. compared with your needs, such as return on investment, covering
current operating capital/cash flow needs, or other standards?
SOFT
a. how everyone felt at the end?
b. how much work/resources it took to get the deal?
c. how it compares with our/their initial expectations?
d. how the chemistry went?
e. what your intuition indicates for the implementation phase?
