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Tuesday 2 July 2013
TIPS FOR THE NEGOTIATOR TO PROCESS MORE EFFECTIVE
In negotiating a negotiator should be able to judge well that he is an effective negotiator. However, in practice it turns out most people are not effective negotiators. As a result a lot of the negotiation process is not uncommon to experience a deadlock (deadlock), or the results obtained are not satisfactory negotiation of the relevant parties (win-lose, lose-win, lose-lose). Kinda hard to imagine when one talks in a bad way for things that are important in his life or his career in the company. According to L. Leight Thompson in his book The Mind and Heart of the Negotiator reasons that cause a person to be a bad negotiator it is not the motivating factor in the intellectual ability and the negotiators. According to him, the root of the problem occurs in 3 basic things ie: faulty feedback, satisfacing, incompetence and self-reinforcing. 1. Incorrect feedback (feedback Faulty) Most of us have done the negotiation process (negotiations) in our lives. In fact many of us are experienced negotiators-negotiator. However, very rarely do we get a chance to learn or want to learn about how to negotiate effectively. An important component in the learning process is the feedback (feedback), and 3 important things is the accuracy of the feedback, delivered promptly, and specific. Problems facing the negotiators so as to make them ineffective in negotiating is not caused by their lack of experience in conducting negotiations, but due to the lack of feedback in a timely and accurate. The people who do the day-to-day process of negotiating, get a little feedback on their effectiveness in negotiations. The absence of this feedback can lead to problems (bias) that prevents negotiators to get the optimum benefit from the negotiation process they do. a. Confirmation bias (confirmation bias) this bias is the tendency of a person to just see something like they want to see when evaluating their performance. This bias causes one to selectively search for information that they believe is right. This bias does not seem painful. However, this makes the misperception of the facts, which in turn can hinder one's learning process. Example: A negotiator who thinks that he is a reliable negotiator, will only ask for feedback to people he believed would give positive feedback about the reliability of himself in the negotiations. And if he also asked for feedback from others who are more critical to him, it will be a lot of added value generated to fix its shortcomings. b. Egocentricity bias occurs when a person is likely to see their experiences in a way that suits your fun or they want. This error can make a negotiator wrong in judging him. Example: A negotiator from management who thinks he is always successful in the process of negotiation, trust and believe (based on previous experience) that berundingnya partner of the union can always be easily persuaded to accept the proposal offers. This belief can lead to excessive negotiator overwhelmed when faced concerned the negotiating partner was more reliable than he initially thought, and may find it hard to complete the negotiation process. And if he considers that any parner berundingnya is unique, and has the strength and weaknesses of each, then he will be able to prepare for the negotiations that will do it better. It is hoped that the outcome would be more positive for him. 2. Satisficing (Accepting result of negotiations that low value) tendency of people to be able to accept the results of low-value bargaining or "mediocre" is one of the reasons that led to the failure of the negotiation process mengalaman (Simon, 1955). According to Nobel Laureate Herb Simon (1955), was an opponent of optimizing satisfacing. Optimizing is a strategy that will optimize efforts in the implementation of the negotiation process, by setting high aspirations, and trying to gain as much benefit in the negotiation process. Conversely those who tended satisficing will set lower aspirations than they earn and should not attempt to obtain as much benefit in the negotiation process. Example: Negotiators from the union is willing to accept the salary increase amount in accordance with the rate of inflation. Though the company is very healthy condition financially, salary increases that may be granted is at the top of this inflasi.Hal value because they are less able to obtain maximum results in the negotiation process that occurs. Satisficing in the long run it will be detrimental to the individual, or company, particularly when various strategies and negotiation skills are actually relatively cheaply available, which can dramatically improve the outcome of negotiations, not utilized optimally. 3. Inability constantly reinforced self (Self reinforcing incompetence) In the negotiation process, negotiators must understand both the limitations he has. However, unfortunately, many people do not realize that their inability possess. (Dunning, Johnson, Ehrlinger, & Krueger, 2003). If this condition is allowed to continue to make effective a negotiator in talks to be decreased. This happens because he still uses continuous skills or actual behavior is no longer effective in increasing the success of winning negotiations. A negotiator with the symptoms of this self-reinforcing incompetence do not want to use or try out new ways that are more effective in negotiations, for fear of the risks that arise when trying new ways. Fear of losing or fear of making a mistake made many negotiators are not able to improve his skills in negotiating. Example: Negotiators from management, often use the tactic of "good guy and bad guy" in every process of talks which they did with the workers. Though this tactic has to be read by the negotiators of the workers. As a result, when the tactics used again in subsequent negotiations, the results do not go according to plan. However it seems that the negotiators of the management does nothing to change this negotiation tactics. To be able to diagnose his inability themselves and improve their effectiveness, then the learning process two lines (double-loop learning) can be used by someone (Argyris, 2002). Most people use 1 line learning (single-loop learning) to correct errors or deficiencies they have. 1 track learning process (single-loop learning) occurs manakalah corrected errors that occur without changing the fundamental principles that led to the occurrence of these errors. Example: A fix negotiator in negotiating tactics, which is considered reducing its effectiveness in previous negotiations. However, this improvement was not preceded by changes in bargaining strategy, which will determine the actual negotiating tactics that will be used. In the process of learning two lines (double-loop learning), changes made negotiating strategy, which is then followed by improvements in negotiating tactics. We also need to consider the opinions of Sebenius (2001) the following in his article entitled "Six habits of merely effective negotiators" on the importance of using the correct assumption in the talks: "Understanding the interest of your negotiating partners and make decisions that are acceptable negotiating partner you like they think, is the key to creating and obtaining the value of an ongoing negotiation "H. Negotiation Process According to Stone (1998) The process of negotiation is basically divided into 4-5 main stages that vary significantly in any negotiation situation, namely 1. preparation, 2. submission of initial claims (initial demand), 3. bargaining, 4). deadlock, and 5. Agreement. Here's a more complete explanation 1. What preparations must be made before the negotiations done? Prepare well. Pareto principle, ie 80-20, applicable in the negotiation process. It means that a negotiator should devote 80% of his efforts to prepare for, and it only needs 20% of his attempts to do the actual negotiation (Thompson, 2005) Most of the negotiators understand that preparation is important in negotiations. However, little has been prepared in the right way. According to Thompson (2005), there are 3 things to do in preparation for negotiations, namely 1) To measure yourself 2) Take measurements of the other party, and 3) Conduct of taking the measurements of the situation: a. To measure yourself. At this stage, negotiators need to specify at least 6 things: 1. The aim of the negotiations will be conducted 2. Strategies that will be used to direct the course of negotiations 3. Tactics to be used during the negotiation 4. Establish BATNA (Best Alternative of the Negotiated Agreement) which measures or alternatives that will be carried out by a negotiator if negotiations do not reach an agreement or not according to the plan that has been made. 5. Reservation Point determines the value or the lowest bid be accepted as an agreement in negotiations 6. Determine the composition of the committee members who will be involved in the negotiation process and the role of each of the committee members (if negotiations conducted by a team, not individually) b. Measuring the other party negotiator At this stage, it is necessary to evaluate the following from berundingnya partners (the other party), namely: 1. Estimates committee members from other parties and masng respective roles they will play, including hidden recognize table, which is part of the negotiating team who are not physically present in the negotiations, but has a very important role in guiding the negotiations that took place. 2. Determine the basis for the benefit of the other party in the negotiations and the position to be taken by them during negotiations 3. Estimating BATNA and Reservation Price from others c. Take measurements of the situation at this stage negotiators need to do some analysis of the situation or condition that may affect the negotiations that occur, such as: 1. Make an estimate of the period of the negotiations; once finished, many times, over and over again, and so on. 2. Make an estimate of the negotiation process will likely compete for resources limited (funds, human resources, etc) or touching aspects of political, social and legal. 3. Determine the nature of the negotiations being performed. Nature of the question is whether there is any interest or need that can be exchanged (exchange) or whether there is a claim or complaint of one party can not be accepted by the other party, thus causing disputes (dispute). 4. Estimate the multiplier effect of the presence or absence of negotiations conducted. 5. Establish whether there is consent to be made at the end of the negotiations. 6. Establish legal aspects that need to be met to ensure the legitimacy of the negotiations conducted, including whether or endorsement by a third party, the negotiation results are achieved. 7. Estimate whether there is limitation in terms of the authority given, cost, and time available. 8. Determine the venue of the talks 9. Determine whether or not the talks held in private or in public. 2. Initial claims (initial demand) Before negotiations start or enter the substance of the content membahasan detailed negotiations, each party to clarify or explain the demands of recording required. Slightly raised many demands of each party and whether or not the existing cooperation between them during this process, will determine whether or not awakened a conducive atmosphere for the next process. Experienced negotiators pembicaraaan usually focus on issues that are relatively simple or non-controversial, so it can easily be resolved. In this way the expected wake Fresco cooperation among the negotiators who are from different groups. 3. Following negotiations expressed initial demands, each party must specify the things they want and things they can offer as a concession. At this stage, each party needs to conduct negotiations in the area of Zopa (zone of possible agreement) are available. Each side has a tolerance limit (reservation price) to be able to reach an agreement or to leave the negotiation process, resulting in a stalemate (deadlock). In the negotiation process is typically a point target to be achieved by each of the parties do not intersect (overlap). This means that the value / number of charges filed by the negotiators of the trade unions far more than can be met by the negotiators of the management, and vice versa. However, usually (though not always), the minimum tolerance value that is acceptable to accept an agreement (reservation price) of each negotiator intersect (overlap). This means the value / number of demands that can be met by the negotiators of pihakmanajemen is greater than the minimum tolerance value that can be accepted by the negotiators from the union, and vice versa. In the above circumstances, the agreement was made, can be beneficial to both parties. However, the challenges faced by the negotiators from the two sides reached an agreement pihakadalah most profitable side of each and do not give too much a part of Zopa (zone of possible agreement) to another party. Example: When Zopa is the value of 100 and 150, which is 50 points, then each negotiator seeks to have them get the biggest portion of the 50 points available; able to 45:5, 40:10, and so on. 4. When the deadlock each party not to reach an agreement in the negotiation process, then there kebutuan (deadlock). In this situation, each side still need to strive to be able to solve kebutuntuan happens, through various means such as: a. What is meant by mediation mediation under Law No. 2 of 2004 on Industrial Relations Dispute Settlement (new Bill) is a dispute resolution rights, conflicts of interest, termination disputes, and disputes between trade unions / labor unions within the company through deliberation mediated by one or more. While that is a mediator is an employee of the government agencies responsible for employment that meets the requirements as a mediator appointed by the Minister to serve under an obligation to mediate and provide a written recommendation to the parties to a dispute to settle disputes over rights, conflict of interests, disputes termination of employment, and labor unions / labor unions within one company. b. Referred to conciliation conciliation according to Law No. 2 of 2004 on Industrial Relations Dispute Settlement (new Bill) is the importance of dispute resolution, termination of employment dispute or disputes between trade unions / labor unions within the company through deliberation mediated by one or more conciliators neutral. Industrial Relations Conciliator, hereinafter called the conciliator is one or more that meets the requirements as a conciliator appointed by the Minister, in charge of doing conciliation and shall provide a written recommendation to the parties to the dispute to resolve disputes over interests, disputes over termination of employment or labor unions / trade unions within one company c. Referred to conciliation arbitration pursuant to Act No. 2 of 2004 on Industrial Relations Dispute Settlement (new Bill) is the resolution of a conflict of interest, and labor unions / labor unions within the company, outside the Industrial Court through a written agreement of the parties submit the dispute to dispute resolution to the arbitrator whose decision binding on the parties and shall be final. Arbiter Industrial Relations, hereinafter referred to is one or more arbitrators selected by the parties to the dispute from the list of arbitrators appointed by the Minister to make a decision regarding conflicts of interest, and labor unions / labor unions within one company submitted a settlement through arbitration decision binding on the parties and shall be final d. Is the strike action taken by union members who refused to work in order to put pressure on the management of the company in the process of negotiations. According to Article 137 of the Employment Act No.. 13 In 2003 a strike is a fundamental right of workers / laborers and trade unions / labor unions performed legally, orderly, and peaceful as a result of a breakdown in negotiations. e. Company Closure (Lock out) is the management company's decision to ban the company's employees to enter the area, and still operate the company through management of existing personnel and temporary or substitute employees. According to Article 146 paragraph section (1) of the Employment Act No.. 13 In 2003, the closure of the company (lock out) is a fundamental right of employers to deny workers / laborers partly or wholly to run jobs as a result of a breakdown in negotiations. 5. If the deal does not happen in the negotiations deadlock (deadlock), each party will come to an agreement. Before the agreement was executed, it first needs to be ratified by the parties concerned. Negotiators from the union would discuss the agreement they have made to obtain the consent of its members. Meanwhile, negotiators from management will submit the agreement to the board of directors or management for approval. Once approval is obtained by the two parties, then the agreement is happening then registered with the competent authority, ie P4D/P4P or the Industrial Relations Court. Conclusion Conducting negotiations actually not something that perludikhawatirkan by professionals or managers as long as they understand the important concepts related to the negotiation process, such as BATNA (Best Alternatives of the Negotiated Agreement), Reservation Price, Zopa (Zone of Possible Agreement), the strategy negotiations, the tactics used in negotiations, and the pitfalls of the negotiation process. In addition, professionals or managers need to continually strive to improve their skills, and menimimalkan appearance of bias that may hamper the negotiation process that occurs. In negotiations they need to also understand the importance of making good planning, and understand the stages that occur in the process of negotiations. With a complete understanding of the negotiating procedures and processes that occur in them, undoubtedly the negotiations will be carried out effectively by professionals or workers. Hopefully this article can be a useful reference material for those who read it.
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