THE ART OF NEGOTIATION
Chapter 1
Introduction
Few Americans can be found
today who are unfamiliar with the term “negotiation”. Moreover, if the
average American were asked what negotiations are, what they involve and
what type persons should conduct them, etc., some answer would be promptly
forthcoming. It is highly doubtful, however, if any two answers would
correspond.
This is because, while negotiating is an art, it is the most taken for
granted, and least understood, of all arts, despite the fact that in one
form or another, the practice of negotiating is an integral part of our
daily lives.
With this method of settling differences among nations now more than ever
before being illuminated as the possible alternative to future wars, it is
considered timely to examine the essential elements of, and document the
basic rules applicable to, a successful negotiation. This has not
previously been done in handbook form.
The principles, rules and procedures set out herein are the result of many
years of actual, practical negotiating experience by the writer. This work
contains no theoretical or academic suggestions—only those distilled from
actually sitting at the negotiating table representing private industry
and the United States Government in both domestic and foreign
negotiations.
1
To the extent that
experiences mentioned herein give the impression of criticism, it
should be understood that they are meant to be constructive, and if
defects are revealed in present operations, perhaps such defects will
be remedied by those possessing the authority to do so.
The art of conducting negotiations is one of the most important human
functions in the world today—and, as stated previously, one of the
least understood.
Note carefully that I say, “human functions”. This is because
negotiations will always involve human beings talking with other human
beings—no one will ever invent an electronic brain or device to
conduct genuine negotiations.
Generally speaking, some type of negotiation, either bilateral or
multilateral, is constantly being conducted between individuals,
private businesses, industry and government, industry and labor and
between governments themselves. Some of these negotiations involve
dollars and cents, while others involve the rights, duties and
responsibilities of governments and people. No matter what is
involved, however, a qualified human being must—or rather
should—quarterback the negotiating effort.
What kind of a man should this negotiator be? What should he do to
prepare for a negotiation? How should he actually conduct the
negotiations at the table? What fundamental elements must exist before
there can be a real negotiation? This work will answer these
questions.
At this point I would like to ask the reader to try and recall ever
reading or hearing it said that any full time employee of the
government is an outstanding negotiator? By contract, when Sir Ormsby-Gore
was named British Ambassador to the United States, the English and
American press referred specifically to his great ability as a
negotiator. The British understand and recognize this highly
specialized ability far more than we in this country.
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We hear it said every day
that so and so is a first-class lawyer, an excellent doctor, an able
scientist or engineer, a top-notch CPA, or a cracker-jack salesman,
but seldom, if ever, do we hear of a man being referred to as an
outstanding negotiator. Why? The answer is very simple, and is because
most American men—and indeed many women—fancy themselves as perfectly
capable of negotiating with anyone, on any subject.
The irony of this pseudo self-confidence is that it is shared by
corporate executives and high government officials who themselves fail
to realize that negotiation takes training, experience and a rare type
of individual who above all else, has learned the basic rule that a
good negotiator can never win a popularity contest while negotiating.
Americans generally desire to be well liked and popular. They consider
themselves to be a most friendly people and the very thought of
following a course of conduct which minimizes this propensity, is
repugnant to the average American. Thus, both industry and government
turn over the handling of important negotiations to persons totally
unqualified for the job, with the result that maximum results are
rarely achieved.
This condition represents a strange departure from our vaunted
American efficiency. We have no difficulty whatsoever deciding when to
call in a doctor, a lawyer, an accountant, an engineer, etc., but we
haven’t yet realized the peculiar nature of a good negotiator and that
his services are as specialized and necessary at the proper time as
the doctor, lawyer, accountant, etc.
Some government departments today are even requiring secretaries to
visit a psychiatrist—at fifty dollars an hour—to see if they can
properly fill jobs. Industry is also adopting this procedure for some
executives.
Yet the ability to properly conduct important negotiations, both in
and out of the government, is taken for granted. I most certainly
3
am not suggesting that
potential negotiators be sent to psychiatrists, but I do suggest that
the time is long past when we should have been effectively training
men to be good negotiators.
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Cover, Contents, & Introduction
About the Author
Foreward
I.
Introduction
II. What is Negotiation
III. Who
Should Negotiate
IV. Preparation
for Negotiation
V. Conduct of a Negotiation
A—Things To Do
B—Things Not To Do
VI.
Conclusions |