...MANAGEMENT REPORT BATNA Basics: Boost Your Power at the Bargaining Table www.pon.harvard.edu Negotiation Management Report #10 $50 (US) Negotiation Editorial Board Board members are leading negotiation faculty, researchers, and consultants affiliated with the Program on Negotiation at Harvard Law School. Max H. Bazerman Harvard Business School Iris Bohnet K ennedy School of Government, Harvard University Robert C. Bordone Harvard Law School John S. Hammond John S. Hammond & Associates Deborah M. Kolb Simmons School of Management David Lax Lax Sebenius, LLC Robert Mnookin Harvard Law School Bruce Patton Vantage Partners, LLC Jeswald Salacuse T he Fletcher School of Law and Diplomacy, Tufts University James Sebenius Harvard Business School Guhan Subramanian Harvard Law School and Harvard Business School Lawrence Susskind Massachusetts Institute of Technology About Negotiation The articles in this Special Report were previously published in Negotiation, a monthly newsletter for leaders and business professionals in every field. Negotiation is published by the Program on Negotiation at Harvard Law School, an interdisciplinary consortium that works to connect rigorous research and scholarship on negotiation and dispute resolution with a deep understanding of practice. For more information about the Program on Negotiation, our Executive Training programs, and the Negotiation newsletter, please visit www.pon.harvard...
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...Concepts of Negotiations Concepts of Negotiations Communicating is crucial during negotiations when both parties are serious about reaching a mutual agreement. Whether the communication is direct, indirect, formal, or informal there has to be an open line of communication. During negotiations there are two or more parties, each has self-interests, all parties have options, the parties can come to an agreement or unable to reach a mutual agreement (Murtoaro & Kujala, 2007). There are also several concepts of negotiations including win-win, interest-based, positions v. interests, and BATNA negotiations. Below the reader, will find a brief description of all of these concepts. Win-Win Negotiations The win-win negotiation approach is a relatively new concept and is successful when one or all parties meet their requirements of the settlement without the use of power (Falcão, 2014). A win-win negotiation strategy has seven requirements to form a solid foundation. “Promote interdependence, proactive learning, be translucent, be positive, be reasonable, be loyal in the negotiation process, and commit to a win-win process” are the seven steps to a successful resolution (Falcão, 2014, para.3). In win-win negotiations, it is necessary for the parties to conduct some background investigations especially for business-business negotiations because criminals wear different suits. Best Alternative to No Agreement (BATNA) Rodger Fisher, William Ury, and Bruce Patton introduced...
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...Case study: The Muse/TransStar and Southwest Airlines BATNA Case Overview Muse Air was struggling amid the 1982 traffic controllers’ strike, a massive debt to service and shrinking cash reserves. By the end of 1984, they were looking for a merger to keep it afloat. In 1985 culminated the purchase of Muse Air by its long time nemesis and rival, Southwest Airlines. Southwest Airlines paid USD 60.5 millions in stock and cash for Muse Air when Muse Air was on the verge of collapse in 1985. After completing the acquisition, Southwest Airlines renamed Muse Air as Transtar Airlines in 1986. Transtar Airlines became a wholly owned subsidiary of Southwest Airlines and operated as an independent airline. Southwest acquired the company and a series of complex negotiations between Southwest Airlines and Transtar instigated. An agreement on combined master seniority list is reached in the last negotiation between pilot groups. Nonetheless, Transtar Pilots Association (TPA) Board of Directors (BOD) rejected the proposed Integrated Seniority List (ISL) believing that such act would create more leverage for their Merger Committee to obtain a more favourable ISL. The rejection however, resulted in escalation of anger and distrust between union presidents and causing entire breakdown to the negotiation. Analysis In the first round of discussion, in 1985, Transtar pilots were unrepresented so the negotiations ensured only between Southwest Airlines and the Southwest Airlines Pilot Association...
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...Managing Negotiation Introduction From reaching an agreement with a large client to bargaining for a higher starting salary, the ability to negotiate effectively is a critical component of success in business. One fundamental aspect of a negotiation is if it will be approached as distributive bargaining or as an integrative negotiation. Distributive bargaining is a competitive, zero-sum negotiation in which there are a limited amount of resources available, while integrative negotiation takes place when “the parties’ goals are not seen as mutually exclusive and in which the focus is on making it possible for both sides to achieve their objectives” (Nelson and Quick 2009). For example, a dispute over land would necessitate distributive bargaining, whereas a partnership between two firms to buy and sell a product could be made through integrative negotiation. The process of two or more parties reaching a joint decision is influenced by a variety of factors. In analyzing business negotiation, we will first give an overview of past scholarly research on the topic, and then explore more current mental models of negotiation. We will also examine the possible hurdles to reaching agreements posed by cross cultural differences, particularly between American and Chinese business people. Finally, we discuss the relative importance of BATNAs (Best Alternative to Negotiated Agreement) and contributions in the bargaining process. History of Negotiation Research In the 1960’s...
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...EXECUTIVE SUMMARY Negotiation skill is an act of coming together to agree on common goals, negotiation take place in everyday activities of my life, the better I understand the more I have advantage of the usage. In every household and corporate world especially mine, negotiation often bring peace and understanding between me, my wife and my kids also with my business associate. I now see negotiation as a win-win game that sees every party valuable. Create value, claim value and build relationship is the core objective of a good Negotiation skill. Although in reservation my Best alternative to negotiation agreement (BATNA) should be cleared and improved also reservation point should be stated in personal agenda. In all Negotiation is the best knowledge someone can have that universally create positive impact in all area of life if apply accordingly. Its safe cost, build relationship expand connection and sees as a trait of any potential leaders. STRENGTHS BEFORE THE WORKSHOP Negotiation is an inbuilt, the ability to understand, clarify and use for an effective and efficiency result is a subject of proper coaching on methodology that will lead to integrative agreements. I remember when I was having my first student survival job as a marketer with one of the Sport outfit back home, how I was able to convince a customer that wearing US shoe size 10 to buy US shoe size11.Then I was wondering how come the customer was happy and accept my option. Now I knew that I leverage...
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...HBS Case Study- “Frasier” Tamika Hernandez Khadijah Holley Course Number: 0204 – 689-102 Negotiation for the Business Professional The Art of Persuasion & Negotiations November 18, 2014 Professor: Neil Halloran Frasier Case Study 1) Who are the parties to the “Frasier” negotiation, and what are their interests? How can the various parties influence the negotiation process and its outcome? The parties involved in the Frasier negotiations are; Paramount Television Group, National Broadcasting Company (NBC), and the actor Kelsey Grammer (Owner) . Marc Graboff (ExecutiveVice President) led the NBC negotiation team which included Scott Sassa (President of NBC West Coast) and Jeff Zucker (President of NBC entertainment). Kerry McCluggage (Paramount’s Chairman) led the negotiation team for Paramount and was sometimes joined by Gary Hart, president of Paramount. 2) What are NBC’s BATNAs? What are Paramount’s BATNAs? Of these BATNAs, which is the best option for each entity? NBC had two BATNA’s: keep Frasier regardless of the increased cost (take a financial hit) in hopes to keep it as a “tent pole” to draw in its viewers to the new shows line-ups after Frasier, or buy a comparable comedy show from another network (such as Dharma and Greg) that will bring in the same audience group 18 to 49. The only downfall was that could cause a bidding war that could increase programming expenses. Paramount’s BATNA’s were to either sell the sitcom to CBS (sister...
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...Negotiation Plan – Excalibur Engine Parts As the VP of Sales for Excalibur I am required to negotiate with Knight Engines Inc to come to an agreement for a rush order of 8000 pistons within two weeks. It is in my personal interests to deliver a substantial profit to Excalibur for the benefit of shareholders. However, negotiating a deal with Knight may be the only chance for Excalibur to avoid a major loss in this quarter. Consequently, I aim to secure a profitable contract but am willing to trade current profit for future gain. For this negotiation I have three types of goals in place. My substantive goals are to negotiate a contract that will bring in $5.8m (target point 3) and to also secure future contracts with Knight. With little demand for the pistons it is essential that Excalibur remains on good terms with Knight and so I have a relationship goal to maintain a long term business relationship between the two companies. In addition my intangible goal is to achieve an outcome that will be viewed favourably by my superiors. Whilst it is in my interests to secure a profit it cannot be at the expense of a business relationship. Therefore substantive and relationship outcomes are important and assuming that substantive outcomes are also important to Knight, either a trusting or principled collaboration strategy should be adopted (Savage, Blair & Sorenson 1989). As it is difficult to determine whether Knight has the same relationship goal and as I am concerned about...
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...Pacific Oil and Reliant: a good example of negotiating without the 7 step process Managing Conflict in Negotiations The Pacific Oil Company went into negotiations with Reliant Manufacturing, and its goal was to sign a more long-term agreement. Pacific assumed that the new contract would be signed with no major hurdles or objectives, and that the dominant point of negotiation would be price. Jean Fontaine, who is the marketing vice president for Pacific Oil, went into a negotiation process with Reliant. Jean started the process several years before Reliant Manufacturing’s contract was up, hoping to beat her competition to the lower price offers and leave with a contract extension of 5 years. Unfortunately, Jean did not properly research her client’s needs or adequately project what the outcome might be. Because of this, Pacific Oil Company was not prepared to address the concerns and requests that Reliant brought up during the negotiation. Though both parties wanted to move quickly toward signing a contract, Pacific Oil Company elongated this process because it did not have a thorough negotiation strategy that included a contingency plan or best alternatives. Pacific oil also neglected to draw out its best alternatives or bottom line in advance. Staying on the Same Page in Business Negotiations Pacific believed that other elements of the contract might be discussed, but that no dramatic changes would be expected. Because of Pacific’s lack of strategic planning, they wasted...
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...Global Negotiation between FD and Conquip Conquip’s Solicitation Of The 10% RFQ Conquip sent the RFQ possibly attempting to anchor the negotiation and to prove its strong position towards the negotiation. This strategy is risky and could be harmful if the other party doesn't have this value between its reservation and target price (Chang, Chung, & Van de Vyver, 2014). During meeting 2, FD walked into the negotiation with a poor BATNA: no agreement meant FD risked losing all its Conquip business to FF. Conquip seemed to have a strong BATNA: the company could easily switch to FF filters. However, de Winter convinces Conquip of the value of LEIF’s innovative technology, and Conquip knew they wouldn’t have suppliers that would be equivalent to the patented LEIF product (Chang, Chung, & Van de Vyver, 2014). Both FD and FILTECH stated they could meet Conquip’s 10 percent price cut demand over three years and still enjoy healthy margins (Chang, Chung, & Van de Vyver, 2014). The Downside to the Negotiation Sometimes, even with the best of intentions and skill, a principled negotiator cannot bring the other side around. Sometimes, the other side simply won't play fair and use bullying, psychological warfare, or deliberate deception tactics (DAU, 2014). Without a BATNA, a negotiator doesn't know how important the negotiations are, and will be vulnerable to pressure from the other side, and that pressure will come. With a BATNA, the...
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...EXCALIBUR ENGINE PARTS – NEGOTIATION PLAN 1. What is your BATNA (Best Alternative to a Negotiated Agreement)? Sell the pistons to Hanks Super Monster Tractor for $300 / piston 2. Why it is the “best” alternative? * No other viable alternative available if we decided to go without major losses. * Better than not selling at all considering the poor demand for specialized pistons in the market 3. How acceptable your BATNA is to you? This is a very poor BATNA to sell the pistons at a significant loss 4. What are the implications of this acceptability for the way you approach this negotiation? * I’ll try to cut the deal with Knight Engines even if requires to offer some concessions. * If there are no profits for this quarter then the trust of the shareholders will be at stake. 5. Does it seem (initially) that one party is more dependent on getting a deal than the other party is? If so, what are the implications of this potential imbalance? Initially, it does look like we are more dependent on getting a deal with Knight Engines as our BATNA is very poor and we need a good outcome to avoid losses this quarter. But having said that it looks like the other party is also dependent on us because they need to fulfill an order with the government. Also, purchasing 8000 good quality pistons 2 weeks would be a difficult task for them. 6. Decide what the relevant issues are that you want to negotiate. Issues: a. Sales price b. Number of pistons c....
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...Ethics in Negotiation: 1. Define Ethical Negotiation. Why do ethics matter? How would you apply ethics within the context of your Negotiation Final Project for this course? Ethics are the social principles or gauge whether some body is following the set social standards or not. The role of these social or ethical standards is very important in any type of negotiation for both parties. This gives the chance for both parties to know the tactics which are being used are deceptive, ethical or unethical and then help them examining the ethical tones and aid them in decision making. This also help both parties distinguish among different criteria, or standards, for judging and evaluating a negotiator’s actions, particularly when questions of ethics might be involved. In my final project, I will choose and react to the other party by keeping in mind the following mix of approaches. • Choose a course of action on the basis of results I expect to achieve (e.g., greatest return on investment). • Choose a course of action on the basis of my personal convictions (e.g., what my conscience tells me to do). 2. What motivates unethical behavior in negotiations? What are the potential consequences? How can negotiators deal with the other party's use of deception? When one party or individual want to secure his own establish outcome ignoring other party interest motivates unethical behavior. The unethical behavior outcome also depends on how high are the party stakes, competitiveness...
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...through negotiations has become more important. But often negotiations face either complete failures or achieve far less than its actual potential. Also, such unsuccessful negotiations may perennially damage the reputation and relationships amongst the counterparties involved. In this article, the author tries to show 6 major mistakes which may occur in a negotiation. This article is a kind of manual to understand and have successful negotiation. The author also gives advice for a good negotiation. First and foremost, we have to understand negotiation. In many negotiation situations there are two options: Accept or refuse the deal with the other parties. A negotiator seeks to get a deal with his interests. For that, he tries to persuade others to say “yes”. However, negotiation is not an easy exercise and you have to keep into account many things in order to have the best deal. MISTAKE 1 Neglecting Other Side’s Problem: Firstly, as a negotiator, you have to prepare your negotiation and know your own interests and your own no deal options. But, an agreement requires understanding and solving the other party’s problem as a means to solving your own end. Hence, overcoming the self centered attitude is critical to a successful negotiation. Self centeredness can undercut negotiator’s ability to influence profitably how the counter party perceives its problems. It is important to understand in depth what the other side really wants out of the deal. For the negotiation to be a win-win...
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...Mapletech Perspective Features and general aspects of the Negotiation Issues Get the contract Set the price per unit for the headlamps Parties 1. Mapletech (primary) 2. Yazawa (primary) Nature of relationships: One time relationship between Mapletech and Wasuzu One time deal between Mapletech and Yazawa All the relationships are in the same level of hierarchy given that they are all (or will be) business partners. BATNA’s, Reservation Values and Aspiration Values MapleTech BATNA: Waste the extra capacity and continue to earn CAN$4.8 million. This BATNA also excludes the extra spending to modify the production line. Reservation Value: $10 per unit Aspiration Value: $30 per unit Yazawa BATNA: Get agreement with Japanese rival company. Reservation Value: unknown (price per unit that rival company is offering) Aspiration Value: unknown (price per unit of rival - $1) Other features of the negotiation Are contracts binding? Yes, Yazawa has a contract with Wazusu that has to fulfill. And Mapletech will sign one with Yazawa if the deal is reach where will be specified that Mapletech can only provide 60,000 units. Is there a linkage? The negotiation will have an effect on the relationship between Yazawa and Wazusu. It will also affect the business relation between Yazawa and the Japanese company that was...
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...Global Negotiation Article Analysis Shalee K. Kekawa MGT 445 Nov. 21, 2011 Dr. Sanrdra Sessoms-Penny Globalization and technology have played a big part in negotiations and the article that I chose to write about is just one of the many negotiations that globalization has influenced the outcome of negotiations. First, one must know what Globalization is. Globalization is a process of interaction and integration among people, companies and governments of different nations. This process has effects on the environment, on culture, on political systems, as well as on economic development and prosperity that affects societies and people all over the world. Globalization also opens up the boundaries that have existed in the past between countries and provides new opportunities for business ("Cross-Cultural Blog", 2009). Technology also plays a huge role in negotiations and just like globalization; it too has helped influence the outcome of negotiations. With the ever changing tools of technology, machines and systems, negotiations happen every day throughout the world and outcomes often happen through the use of technology. Technology makes businesses able to operate by changing relationships between suppliers, producers, retailers and customers. Gone are the days where negotiating a contract meant that you sat down face –to–face with someone and talked about contracts, and deals. Now days, a negotiation can be met and done in a matter of real time minutes. Technology...
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...Negotiations Final Paper Professor Seth M. Kaplowitz January 24, 2014 Last fall, my wife and I put our home up for sale. Our motivation was simple, with the money we would get from the sale of our home we could pay off all our debt and have plenty of money left over to invest, eventually saving enough to buy a bigger home. Emboldened by the allure of liquidity I listed our home for sale and waited for the offers. Indeed the offers did come in, in fact over the next few months we were in and out of escrow three times. Undeterred we listed our home for a fourth and mutually agreed final time. We agreed our Best Alternative to a Negotiated Settlement (BATNA) was staying in the home and not planning to buy a bigger house. Our reservation point was set as a sales price of $440,000 which we calculated as the amount of money we needed to pay off our mortgage, all other debts, and provide enough seed money for our new investment fund. Two days after relisting our home we received an offer for $445,000 which we accepted. Prior to accepting the offer I received a call from the buyer’s agent, named Rong, inquiring as to why the property had been in and out of escrow three times. I explained our past experiences with buyers getting cold feet and backing out of escrow. I also expressed my reluctance to accept any additional offers without assurances the prospective buyers were serious. Rong assured me her buyers were serious. In an effort to provide these assurances...
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