Negotiation Techniques
Two or more parties may have interest or jurisdiction over a given policy. This has been evident in a case where the U.S. government has been tangled in private enterprises. Typically, in 1913, the Federal Reserve System was formed to provide loans to financial institutions and banks. This was to enable financial institutions to remain solvent in financial crisis periods. There tends to be an extensive divide between state and federal governments regarding the level of influence they should have when it comes to local businesses. Recently, several states have approved regulations necessitating enterprises in their region to meet specific rules.
An example is New York City, as it has passed a law requiring restaurants in the city to offer the staff rest periods and meal breaks, each for a minimum of thirty minutes. Additionally, these businesses must provide overtime pay for any hours the staff works after eight hours each day. Nevertheless, other states have assumed a varying strategy by sanctioning regulations necessitating enterprises within their borders to register or license with state agencies.
Participants In The Situation
The participants in this situation are the federal government and the state and local governments. In this case, the power involved revolves around the government, which should have the power to make laws that govern local businesses. Essentially, the two governments are interested in the influence each should hold in local companies. Each government has stipulated roles, and they should remain within these responsibilities. If there is an overlap in these responsibilities, they should negotiate and come to a settlement on what each should do.
Influence and Negotiation Among Parties
Negotiation is the process of settling on a mutual agreement. In other words, it is any direct or indirect dialogue requiring opposing parties to deliberate on a joint action they could take to manage and eventually resolve a disagreement. Negotiation could lay the groundwork for a future liaison among parties or fix an existing problem. Negotiation is often perceived as a substitute for adjudication (Guthrie, 2003). On the other hand, influence transpires once a person or party impacts the opponent in the negotiation course. Influence means having power in the negotiation course. Notably, the federal government and the state and local governments will negotiate, and the federal government may have more influence in the negotiation process.
Strategies For Building The Relationship Between Parties
One of the strategies to build the relationship is holding two-way communication. Accordingly, the governments ought to have a meeting where they can communicate and actively listen to the needs and requests of each party. Another strategy is asking questions and carefully listening to the given responses. This will help determine if there is some truth to the responses and if there is a possibility of considering each other’s explanations. In addition, illustrating using facts and evidence can help the parties consider some things. For example, if it is not the role of the federal government to control the local businesses, then such facts should be well presented.
Negotiation Techniques That Parties Can Utilize To Get Their Interests Or Requirements Met
One of the negotiation techniques the parties can utilize is principled negotiation, which concentrates on attaining an enduring win-win outcome (Carneiro et al., 2013). Also, Lens (2004) states that principled negotiation is effective in conflict resolution. In this regard, the parties should separate themselves from the problem. Additionally, they should concentrate on interests rather than positions. Before settling on a specific agreement, various solutions should be generated to ensure the most appropriate alternative is selected. Moreover, the contract should be based on objective criteria. Even more critical is the point that avoiding being incited into an emotional reaction is vital, and being patient and actively listening is significant.
Determining The Value Of What A Party Negotiates For And What It Is Willing To Give Up
Value creation occurs once solutions benefiting all the parties are created (Olekalns & Smith, 2013). Creating solutions that help one party without worsening the other party’s situation can create value. As such, the parties building trust can be helpful because this establishes an increasingly involving and productive discussion that motivates the two parties to assess the opportunities for mutual benefit. Additionally, finding uncommon ground helps pinpoint the areas of disagreement. Typically, value creation necessitates concentrating on the areas where the two parties differ, including the perceptions and interests instead of commonalities. This will put the parties in a place where they can swap.
Factors That Would Make Each Party Approve A Verdict In A Negotiation
One of the factors that would make each party approve a verdict in a negotiation is having a win-win outcome. If all the parties’ interests are considered, and a decision is made from evaluating these interests, then the parties are more likely to agree. However, highly considering the interests of one party may make the other party leave. Additionally, assessing the uncommon ground could help the parties develop a common ground. The capacity to award benefits or enforce charges on the other party could determine the leverage.
References
Carneiro, D., Novais, P., Andrade, F., Zeleznikow, J., & Neves, J. (2013). Using case-based reasoning and principled negotiation to provide decision support for dispute resolution. Knowledge and Information Systems, 36(3), 789-826.
Guthrie, C. (2003). Principles of influence in negotiation. Marq. L. Rev., 87, 829.
Lens, V. (2004). Principled negotiation: A new tool for case advocacy. Social Work, 49(3), 506-513.
Olekalns, M., & Smith, P. L. (2013). Dyadic power profiles: Power-contingent strategies for value creation in negotiation. Human Communication Research, 39(1), 3-20.
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Question
Find a situation (a real-world situation or a fictional situation) with two or more parties of jurisdiction or interest over a specific project or policy (public/private partnership, intergovernmental). At least one party must be a governing board or elected official.
In 750-1,000 words, do the following:
1. Explain the participants in the situation. (power involved, interest, requirement)
2. Explain the difference between influence and negotiation among the parties.
3. Recommend strategies to build the relationship between the parties in preparation for negotiation (at least one of the parties needs to be elected officials or a governing board)
4. Recommend different techniques of negotiation the parties can utilize to get their interest or requirements met.
5. Discuss how each party determines the value of what they are negotiating for and what they are willing to give up.
6. Discuss what would make each party agree to a decision within a negotiation or leave the table (how much leverage each party has).
Use two to three scholarly resources to support your explanations.
Prepare this assignment according to the guidelines in the APA Style Guide in the Student Success Center. An abstract is not required.