What is Negotiation?
Negotiation is a process where two or more parties attempt to reach an agreement. It typically involves the parties exchanging something they have with something they want in between them like money, goods or services.
Negotiation can be used in all fields of the law to resolve a dispute. It also has many advantages, as negotiation proceedings are informal, inexpensive, and much less stressful than a lawsuit.
Two main types of negotiation:
Competitive negotiation: This form of negotiation is used when both parties have no intention to maintain a friendly relationship between them. Then, if your aim is just to beat the other party and obtain the maximum gain for your client as possible, your negotiation approach will be competitive. This is the typical negotiator that is determined to win at all costs. This competitive approach is a win-loose situation.
Integrative negotiation: This form of negotiation is pretty much the opposite than the competitive negotiation. It is used when both parties aim to reach a beneficial agreement for both of them. In other words, if you want to negotiate in a cooperative and friendly way this is your approach.
A cooperative or integrative negotiation is a win-win situation.
Negotiation Styles
Avoiding — Negotiator who is willing to avoid conflict so the agreement is not to one extreme but more neutral.
Cooperative — A cooperative style is used when negotiating if a party is concerned about the other party´s interest and want to close the deal with the best solution as possible for both parties. A negotiator who uses this approach tends to work together with the other party to achieve the best solution that suits better for both parties.
Principled — The typical negotiator who has certain principles and would walk away before compromising them.
Accommodating — Only used if the situation does not require aggressiveness. In this case, the negotiator has the ability to develop a good relationship with the other party taking into consideration the other party´s needs.
Compromising — A negotiator who claims to be fair and reasonable to make the other party close the deal.
