Negotiation is the preferred method of communication instead because conflict creates unwanted effects to a working relationship. The articles outlined three essential uses and/or strategies of three different authors whom approach to negotiation fit their industries as well as their creative abilities. In Resolving Real Estate Issues, Gerald M. Levy (1999) addresses four primary steps of negotiation: pre-negotiation, presentation and negotiation, intense, agreement and closing phrase (p. 2). The outline is understandable and workable in any industry in which negotiation is relied upon for optimal results.
Meadow discussed the basis of negotiation being an art and science that mixes a party’s ability to bargain with their opponents. The issues stated within the article addressed the basic needs of any individual involved; for instance, “skilled negotiators can separate the conceptual part of negotiation (the "science") from the behavioral aspects of negotiation (the "art") to solve the underlying problem that a lawsuit represents (Meadow 1).”
This act of negotiation is very intriguing because you are approaching the aspect of negotiation in a law setting in which rules are outlined by the court, but your use of tactics are up to you and your opponents. In The Art and Science of Problem-Solving Negotiation, Meadow (1999) uses detailed examples to corner a creative negotiator’s ability to overthrow sessions (p.2). These tactics fit their personality and the structure increases negotiator’s chances of success in negotiations. Shaping perceptions of alternatives sets in the pre-negotiation phase of negotiation can lower the limits of acceptable agreements.
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For example, a web design company needs a copywriter with writing skills to boost their profits. The market price for a freelance writer is roughly $20/article, but they are offering a per project basis. In this negotiation, a copywriter will pull for the market price or higher due to years of professional experience. This is an example of Meadow’s (1999) belief in shaping the competition’s objectives to fit that of one’s intentions (p. 5). Without the proper game plan, the art and science of negotiation goes out of the window once more problems arise.
As with my example, a negotiator can make commitments, threats, and focal points stick all irrelevant issues aside for a reasonable bargaining set to continue its process within a negotiation. This follows from their previous example. Their ability to highlight this point will make the company re-arrange their current ideal of what a copywriter should be paid per article. Not that it is a threat, but it is a reasonable explanation of why they need to pay the amount instead of losing the writer. In Resolving Real Estate Issues, Gerald Levy (1999) practices influencing aspirations are higher suggestions in return for a need can generate better results (p.2).
Once I understand the dynamics and true market price of a copywriter, I may want more for their work. The web design company is trying to use their talents at a cheap price so I will leave them alone for a set period of time to see if their position changes. By contacting their competition about copywriter salaries, I can gain leverage by addressing it in our next meeting. I am boosting their aspirations to receive the payment I deserve and ‘more’ for their services. After I receive this information, I can develop a stronger position in what I deserve.
Meadow (1999) and Levy (1999) believe that taking a position will cause an opponent to withdraw from their first perspective of the situation (p. 1 and 3). If one chooses to use strong positions, they must stand firm within decision making so opponents will understand and not budge from previous arguments.
For example, if I were asked to accept a lower salary, I will not agree with the web design company and leave the negotiations. This puts my services as a valuable mean for a company’s success in their market. It is very important to keep this in mind while developing a stronger argument for future negotiations. I believe I must remain strong during these steps into a negotiation because companies try to manipulate prospects.
These authors were correct in establishing a strong position for unilateral and collaborative situations. In order to create a better outcome on each end, it should remain essential to practice the art of negotiation without budging to the intense negotiation strategies thrown within the conflict. The preferred methods of Meadow (1999) and Levy (1999) can be implemented in numerous settings; one’s flexibility to establish rapport with an opponent without harming or burning bridges is very important (p.3). Meadow’s (1999) objectives can act as repetitive methodology to instruct new negotiators in the law scene. Many other methods can be helpful, but the ideal argumentation comes from the negotiator’s overall motivations.
Menkel-Meadow, Carrie (June 1999). “The art and science of problem-solving negotiation.” Trial. Washington, p. 1- 7.
Levy, Gerald M. (Fall 1999). Resolving Real Estate Issues. Real Estate Issues. Chicago. Vol. 24, p.1-8.
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