This article is written by Hemant Kumar. He is a student of the Faculty of Law, Delhi University. He has done his graduation from ARSD College, Delhi University.
The article is about how a good negotiation is done by a negotiator who is very attentive and active while discussing and bargaining things.
What is “negotiation”?
It is a process through which parties solve disputes amicably by looking at each other’s profit. It is basically based on compromise and agreements, mutual understanding is must to negotiate between parties. From bargaining with a vegetable wander or the deals between two Nations, all these small to large contracts are based on negotiation because everyone wants the ball to favour them in their court. Negotiation starts from the time when the parties meet each other and they discuss what they want and at what cost.
A good negotiator is one who can make the deal in his favour without harming what he wants.
The one who has the following qualities is a good negotiator:
- Effective Speaker: The one who can state his views clearly in front of everyone and can state what he wants and at what terms he has to speak to the point with effective communication showing confidence that yes he is there to deal and will get the deal.
- Listening: He has to listen to the other party also so that he can know what they want and also that they are there for the business and want to make the profit. Effective listening can help him communicate and negotiate in the best way.
- Preparation: He has to prepare with all the matters and subjects he is going to negotiate where he can relax what the most important terms and what are the least important terms where he can be more flexible and give relaxations.
- Positive Attitude: Dealing with a positive attitude that we want the deal and will do everything to negotiate and get the deal in favour is one the important thing and makes the other party think that yes the man is really interested in the deal and will do all the work efficiently.
- Respect: One has to respect the other party also he must bear in mind that they are also for the business and want to earn profit and will negotiate only when they are getting something. Sense of humour plays an important role as it makes both the parties comfortable with each other, when the things get sour one has to think from the other parties view.
- Knowledge and Planning: It plays an important role, knowledge for the issue helps the negotiator to plan how much he can negotiate on the particular issue. Knowledge for other similar deals also helps to leave the deal at the correct time.
- Patience: Every detail should be analysed properly with great precaution, one has to give time to the other party also and let them decide as we want to grab the deal and also want deals in the future also a mutual understanding has to be established so that none of the party is at loss.
Process of Negotiation
Stage wise process of negotiation:
- Preparation: From time, place, members of the discussion team, rules etc. everything is to be kept prepared so that no last hurries are there. If preparation of thoughts and deal is at par then we will definitely get a better deal.
- Discussion: It involves exchange of thoughts between the parties put up by them so that they can know if they are interested or not in the deal, it saves time and also makes parties comfortable with each other. The negotiator should be confident while discussing and not arrogant with his tone.
- Bargaining: The start of negotiation, all the negotiations are stated by parties and the deal is finalized by stating what could be bargained and what not.
- Closing: Final of the deal if it is made or not then both of the parties start working on their part of the deal.
Examples of Some of the Negotiation
Payment of dues of employees during lockdown
The Honourable Supreme Court said that both the employer and employee must negotiate with one another on how they will solve the problem and an amicable solution should be accepted by both of them. Similar suggestions were given to the tenants and the owner of the house so that they can decide how much and when to pay the rent when they were not accommodating in the house during the period of the lockdown.
Joint Comprehensive Plan of Action (JCPOA)
Two permanent Permanent members of the UN and Iran were parties to the deal, where Iran said that they will use nuclear power only for power generation and restrict the use of Uranium. The deal was finalized in the year 2015, but after some time Iran started testing nuclear missiles which led to breach of trust hence the U.S. unanimously pulled itself out from the deal and made sanctions on Iran also on the countries who will do business with Iran. Proper negotiation and follow of the rules could have avoided sanctions and would have been better for the citizens of the country of Iran.
Denuclearization of North Korea
Where the U.S. and North Korea were the parties and the deal was very near to finalization after three decades of talks between the officials but America wanted complete denuclearization without giving any relief in sanctions to North Korea hence the deal was not finalized. This was a very important deal for the whole world which could have benefitted all if finalized.
To settle the dispute amicably outside every possible negotiation was decided by the parties but it was not finalized and hence decided by the Supreme Court of India.
Most of the international deals fail to be compromised along with the negotiation as they are bound by restriction and have a force of sanctions but negotiation at a local level or company level are excellent sources of solving the dispute amicably outside the court as it is time-saving and economically efficient.
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