3 6 Commercial Negotiations

Negotiations constitute a significant part of the professional activities of business people, entrepreneurs, managers, specialists of various levels, social workers, political leaders, etc. In the most general sense, negotiations are defined as “exchange of views with a business purpose”. However, to distinguish them from previously discussed business conversations and meetings, one important clarification needs to be made.

Negotiations are understood to be verbal communication between interlocutors who have the necessary powers from their organizations (institutions, firms, etc.) to establish business relations, resolve controversial issues or develop a constructive approach to their solution. This means that, unlike business conversations and meetings held within an organization (institutions, firms, etc.) between its employees, negotiations are a process whose participants are representatives of at least two parties (institutions, firms and etc.), authorized to carry out relevant business contacts, enter into contracts, determine the development strategy of the situation.

The value of business negotiations can not be overemphasized. Achieving the goal of negotiations is always associated with the development of a joint program of action in any area of ​​activity (joint project, investment, entering a new market, achieving social and political stability).

In each situation of business communication specific tasks are solved, however, the motive for changing the situation (attitude towards oneself and one's own business; generating demand; stimulating the sale of goods / services) always predominates in the minds of any entrepreneur, businessman.

Having set a definite goal, determined by real intentions, it is necessary to relate to this purpose the content and forms of your speech, expressions and emotional techniques.

Consider the preliminary steps that need to be taken in the process of preparing for business negotiations - the collection of useful information and the speech formulas for its implementation.

Communicative installation of communication at the preparatory stage for negotiations is coordination of organizational issues, consideration and fixation of objective facts and variable factors in the behavior of the parties, selection of behavioral techniques and speech means of translating the subject of negotiations. The subject of negotiations, as a rule, are the problems submitted for discussion, their thematic boundaries, the list of proposals under consideration, etc.

Role setting. There are three types of relations between negotiators: hostile, friendly, and partnership. The latter is considered the most constructive, since it suggests finding and finding joint solutions to problems. Relationships between the negotiators are formed both on the basis of knowledge of reputations, and during direct contacts prior to negotiations.

The manner of behavior of the negotiators is always associated with the objective role (the initiator of the conversation or the opponent - analyzing, evaluating, supporting or not supporting his proposal) and the individual role detailing the objective that they accepted in this situation. Negotiations can be conducted in a gentlemanly manner, in a knightly manner, according to the rule “in war, as in war,” finally, “in the situation.” Sometimes the victory in commercial transactions is achieved with the help of an authoritarian manner of conversation, psychological and communicative tricks of an unethical nature. However, in productive negotiations involving a normal partnership of the parties, the conversation is essentially on the subject in a friendly and businesslike manner.

The beginning of the negotiation process can be considered the moment when one of the parties came forward with a specific proposal to hold negotiations. The adoption of this proposal, accompanied by the clarification of the details and conditions of interaction, is, as it were, a signal to the preparation of the main points of the negotiations. The course and results, duration and quality of negotiations depend on the thoroughness of this preparation.

Organizational setup. In organizational terms, preparation for negotiations is related to the following issues:

• Who to negotiate with?
• Where to spend them?
• When to spend them?
• What materials to prepare for the demonstration during the negotiations and to give weight to their arguments and arguments?
• What is the plan to negotiate?

It is very important to imagine in advance with whom you sit down at the negotiating table. The list of participants in the negotiations (members of the delegation, if the negotiations are conducted with partners specially arrived at them), as a rule, gives an idea of ​​them only by the most general parameters: last name, first name, position.

Foreign negotiators offer, in addition to this knowledge, to receive in advance answers to the following questions:

• What do we have in common in professional terms?
• What is the attitude of the interlocutor to our company, to me personally?
• What psychological personality type is he?
• What are his personal features?
• What are his professional achievements?
• What are his political beliefs?
• What are his favorite topics of conversation?
• Is there a taboo for him, i.e. topics that are forbidden in a conversation?
• What is his current position: independent, under pressure, interested, indifferent?
• What could be his tactic of dialogue?
• What should be my tactic in this case?

But even the most complete information about the partners will not give good results if you do not take into account the most important criterion of mutual understanding - a common speech code. Here we have in mind the need for both parties to develop a “working language of negotiations”, assuming the same interpretation of the terms used by the parties, a single conceptual apparatus, and full meaningful correspondence of the materials presented at the talks.

Recommendations on how to decide where and when to conduct negotiations almost coincide with recommendations for conducting a business conversation or meeting. It is worth paying attention to the fact that the initiator offers a place for negotiations, but does not insist on his proposal, but accompanies him with remarks: If you have no other proposals, If you do not mind.

Actual information, the use of which will increase the efficiency of the upcoming business communication, is usually obtained from four sources: reading special literature and periodicals on this topic; observations and reflections; previous situations of communication on similar topics; personal experience.

In the situation of the actualization of the subject of negotiations, the professional and communicative competence of the parties is clearly realized. Its components are subject (meaningful), speech and pragmatic components of personal competence. The pragmatic component is expressed in the ability to use objective and communicative components in accordance with the motives and goals of their further use in negotiations.

Communicative installation at the stage of selection of relevant information - design ideas, pre-¬ dov, facts in the relevant speech formulas of information or persuasive nature.

Example. In order to convince a client in negotiations to use the services of your bank, you should prove to him that this bank is more reliable than others. For such evidence is used: a report on the work of the bank for 5 years, a table of deposit growth over these years, information about the payment of dividends, etc. But this is not quite enough, because every client also wants to be convinced. He is waiting for argumentation, commenting on all submitted materials, accompanied by conclusions, evaluations, examples. To convince a client, it is necessary not only to have all the materials selected and prepared for negotiations, but also to explain to him the advantages of the organization orally, realizing his speech competence.

The main problem of oral communication is often the lack of skills in building and designing information and speech works. To develop these skills, to begin with, you can try even in the most simple, everyday conversations or conversations to use the following wording, corresponding to certain communicative-speech actions.

To pick up relevant information for discussion, you should use library catalogs, reference books, prospectuses and other publications, as well as information from the international computer network Internet.

The process of systematization of selected materials is divided into stages:

1. Summation of all information on the topic of interest;
2. Selection of those information blocks that best fit our own ideas;
3. Selection of the most convincing, demonstrative examples;
4. Inclusion of the collected material, decorated in the form of refere ration, abstract, a set of quotations or abstracts, in a thought-out structure of negotiations.
5. The answer to the questions: are all our proposals confirmed by analysis, assessment of factual materials, evidentiary arguments? Would a communication partner agree with our arguments? If the answers are positive, you should calmly wait for the negotiations. Otherwise, look for new arguments.
6. Pondering the strategy and tactics of negotiations.

Systematization of relevant information. Any type of registration of relevant information is associated with the need to compile notes or records, which in the future will become the basis for their own statements.

Most methodologists believe that some kind of data recording system is needed for further use. However, there is no consensus regarding the form of records. Imagine several versions of records that, of course, do not exhaust this type of work. Record on the cards. There are many fans of this type of record among the representatives of mental labor. Cards of standard size (approximately such as catalog library cards) can be expanded in any order, rearranged according to a new topic, compared, classified, etc.

If you choose this type of recording information, be guided, in particular, by the following rules:

• use cards of the same size;
• make only one entry on each card;
• if it is a quote, specify the author and the work;
• if you are recording information from a written source, specify the name of the author, the name of the book or article from the journal, the name of the publisher, the year of publication, the page where the quoted material was placed;
• when recording radio or TV information, enter the information about the speaker, the name of the message, the organization that ordered the program, the date, the time of the program, the radio or TV channel.

  Synopsis - a summary or summary of the content of any information material. From this simple definition it follows that in the outline only the form will change as compared with the original source - it becomes short, but the content is transmitted as fully as possible. When concisely record relevant information, it is advisable to follow the following rules:

• Keep a summary not in notebooks, but on standard sheets of paper, and only on one side. This will allow us to quickly find the necessary part of the abstract, better imagine the placement of text in the final version of the record, and change the structure of the abstract.
• Use common abbreviations of words and phrases or your own (when you first use your own abbreviations, you should indicate which words or phrases were abbreviated).
• Leave wide fields. On the right in order to record their attitude to the read (listened), additions on the topic, information about the author of a particular situation, quotes and so on. On the left, with the help of certain signs, to show the order of pieces of information, the relation to it (the need to use it)

Abstract - a summary of any information, as well as a report containing this presentation. This type of recording of relevant information is quite sufficient in certain situations of business communication, since, unlike notes and notes, it is a complete text.

The abstract is intended to acquaint the author with the original source’s point of view on a specific problem. It does not imply changes in content, additions, changes. The author of the essay can express his attitude to the refereed text only after the fair transfer of the text content. Different versions of abstracts are used when it is necessary to familiarize participants in business negotiations with a summary of documents, letters of instruction, legislation, projects and programs, scientific developments, etc.

Abstracts - a summary of one particular idea, thought, position. In the work on the selection and systematization of relevant information, the compilation of theses is final. Abstracts can be used both in preparation for negotiations and in the process to reinforce the significance of the arguments presented. In terms of form, theses can be a set of certain “basic” words and phrases arranged in the right order, as well as extracts from various sources of information with links to the author. One of the variants of theses is a plan for a future speech, message or statement that has a different degree of deployment.

In order to effectively use all the materials selected and prepared for the design of subsequent communicative situations, it is necessary to consider the best course of action at the strategic and tactical levels.

A business negotiation strategy most often involves achieving the long-term benefits of an organization or an individual in solving a particular problem. The results of the implementation of strategic communication programs are: agreement of the parties, conclusion of long-term agreements on investments, sponsorship, cooperation, priority of actions of one of the parties, exchange of specialists, support of the candidate of the leader, etc.

Communication tactics in such a situation are a set of concrete actions (including speech) from the outlined strategic program that are performed in a certain order and within a specific time frame to achieve intermediate goals or solve stage-by-stage tasks.

A preparation plan for any business meeting, especially for commercial negotiations, should take into account all the details of the organizational structure of the situation:

• Defining the goals and objectives of the meeting;
• Preliminary contacts with partners;
• Requests to various organizations;
• Answers to requests from other organizations;
• List of required materials;
• Appointment of responsible for the organization of contacts at each stage of the negotiations;
• Holding briefing meetings;
• Determination of the way of recording the course and results of negotiations (transcribing, tape recording, recording of a protocol, etc.).

The resolution of organizational issues is closely related to the preliminary elaboration of the substantive aspect of the negotiations. It includes:

• analysis of the significance of the problem submitted to the negotiations;
• clarification of common goals and own position in the negotiations;
• argumentation of the provisions submitted for negotiations to prove their priorities;
• "Playing" the entire negotiation scenario in order to clarify the "weaknesses".

These and other provisions, previously meaningful and developed, should guide the participants in business negotiations and help achieve the desired results.

To systematize the selected materials and not to forget the main issues that require consideration at the negotiations, you can make a questionnaire (memo) according to this scheme:

• The objectives of our side in the negotiations ...
• My personal goals ...
• Possible approaches to the topic ...
• Required documents...
• "Weaknesses" of each of the parties ...
• Our suggestions for solving the problem ...
• My personal suggestions ...
• The alleged objections of the partner and our arguments for the proposal we put forward ...
• Estimated result of the negotiations, ..
• Prospects for the possible development of relations ...

Материалы, которые каждая из сторон готовит к переговорам, включают различные категории документов, деловых бумаг и информационных текстов. Это документы, отражающие позицию участников встречи по широкому кругу вопросов, рекомендации относительно решения отдельных задач, проекты соглашений, протоколов, договоров, которые могут стать основой ведения переговоров и выработки совместных решений.

Отбор принципов, методов ведения переговоров, подходов, соответствующих личностным и профессиональным особенностям партнеров, позволяет прогнозировать нормальный, конструктивный ход переговоров.

Специалисты в области коммуникаций отмечают, что, как правило, деловые люди знают, о чем хотят говорить, каких результатов хотят достичь, но не умеют себя вести в соответствии с нормами и правилами переговорного процесса, не могут объяснить свою позицию, не понимают, как лучше отстаивать свою точку зрения, и т.д.

Умения и навыки цивилизованного ведения диалога, дискуссии позволяют более эффективно реализовать главную функцию переговоров — разрешить спорные положения и договориться о сотрудничестве.

В зависимости от цели и предмета обсуждения переговоры могут выполнять следующие функции:

1. Информационную - стороны только обмениваются точками зрения
2. Коммуникативную - разговор идет о налаживании новых контактов, связей, отношений
3. Регулятивную - если необходимо вовремя разрешить возникающий конфликт или прекратить споры
4. Функцию контроля и координации действий - если переговоры ведутся между партнерами, уже имеющими деловые контакты.

Знание формальных и содержательных особенностей переговорного процесса, тактических задач и технологических приемов их решения помогает увереннее чувствовать себя в данной ситуации.

Как правило, переговоры по любым вопросам подразумевают последовательность четырех основных этапов.

Первый этап связан с взаимным уточнением интересов, позиций, точек зрения, концепций участников.

На втором этапе происходит обсуждение выдвинутых положений, выдвигаются аргументы и доказательства в поддержку отстаиваемых позиций, взглядов, гипотез.

На третьем этапе происходит согласование позиций и выработка договоренности по каждому вопросу.

Четвертый этап, (удаленный во времени), предполагает анализ результатов и выполнение достигнутых договоренностей.

Поведение сторон на всех этапах переговоров зависит от индивидуальных, корпоративных, национальных и других факторов.

Главным правилом проведения переговоров считается четкое разграничение между существом проблемы и личностными отношениями сторон. Диалог между партнерами строится не на личностных оценках (симпатия — антипатия, авторитет, отзывы посредников), а на объективных критериях соглашений по конкретным вопросам.

Критериями достоверности, актуальности, значимости результатов переговоров могут стать: рыночная цена, подсчет затрат, профессиональные нормы, эффективность отдельных действий, моральные принципы (кодексы профессиональной этики), традиции общества, страны, народа и т.д. Такие объективные критерии помогают противостоять любому запрещенному приему, давлению или угрозам, мошенничеству.

Существует несколько подходов к ведению переговоров; среди них выделяют, как правило, три основных: «жесткий», «мягкий» и «принципиальный».

Суть каждого из подходов представлена в таблице.

The table below indicates the productivity of the approach (method) of principled negotiations.

Serious miscalculations made by partners, avoiding mutually beneficial solutions and insisting only on their opinions, include premature judgments about the position of the other party; search for a single answer; the belief in the impossibility of a fair "division of the pie." Rapprochement of interests with the greatest efficiency is possible in the case when the solution proposed at the end of negotiations meets criteria such as justice, legality, etc.

The tactical methods that determine the success of negotiations include actions aimed at obtaining preliminary information, analyzing the interests of the parties, reaching a definition of a possible joint decision area, an approach to establishing agreement. A thought- out negotiation tactic is a perspective vision of the problem, a detailed account of arguments and facts, the reaction of the other party at all stages.

The ability to present a draft decision so that the partner accepts the proposal is the key to the success of the coordination of positions at the conclusion of the transaction. The most profitable moment for concluding a deal comes when the parties are convinced of mutual understanding, determine their priorities, their understanding of possible solutions to the problem, and agree with the partner’s proposals.

At this stage, a dispute or controversy may arise, an unexpected conflict may flare up. According to experts, the best way out of the situation is to avoid any disputes, however, if this is not possible, partners should have clear arguments and a set of facts.

Argumentation is a complex verbal action that implies a comparative assessment of all the considered provisions and the exclusion of those with which the parties fundamentally disagree.

Building a system of arguments associated with the implementation of such rules:

• Convince your partner that a constructive approach is important to him;
• Do not reject and do not take the tough positions of your partner straight off, protect your ideas from his attacks, giving him the opportunity to speak out;
• Offer your partner several solutions to the problem; ask him to give his options; pay attention to the possibility of alignment or convergence of positions;
• Encourage criticism instead of abandoning it; try to direct it in a constructive direction;
• Use questions in the dialogue, not statements: statements cause resistance, and questions cause answers;
• Pause more often, especially after your own questions. Listen more.

На заключительном этапе партнеры выявляют, были ли переговоры успешными. Ответ на этот вопрос связан с анализом результатов и выполнением достигнутых договоренностей, а также контролем над действием партнеров.

Наличие подписанного соглашения еще не означает, что сделка была успешной. Настоящее положение вещей можно оценить только через некоторое время.

Полное представление об эффективности деятельности в любой ситуации делового общения можно получить на основе тщательного анализа и оценки всех компонентов, этапов и результатов коммуникации, а также контроля соответствия реальной коммуникации тем положениям, которые были запрограммированы ранее.

Monitoring the effectiveness of business negotiations is a specific activity, which involves a combination of observation of the situation, analysis of its components, consultations with specialists and experts, an objective assessment of the results of partners' actions that were received immediately or delayed in time.

The absence of a phased and final control is one of the main mistakes that impede the normal flow of business communication. This error is due to the low level of communicative competence of certain participants in communication, lack of understanding of the principles, methods, and ethical standards of business communication.

Programs and plans for any activity are often adjusted during their implementation.

Correction, as a rule, is based on the results of the analysis of each component of the communicative situation, assessment of the effectiveness of the actions of the partners in comparison with the planned indicators.

For the analysis of the effectiveness of business communication, implemented in oral or written agreements, decisions, contracts, etc., a system of questions, tests, interviews of communication participants and specialists, etc. is used. Questions to analyze the course and results of commercial negotiations have already been cited earlier, but at the stage of control they can be supplemented.

1. Has agreement been reached with communication partners?
2. What contributed (did not contribute) to success?
3. What are the problems?
4. What unexpected situations have arisen?
5. What means (speech or non-speech) were used to solve the problem?
6. What details were not taken into account when preparing the situation?
7. What more compelling arguments could be made?
8. What principles of negotiation, means of argumentation and persuasion should be used in the future?
9. Has the planned phased program of negotiations been respected? At what points and why did you have to leave her?
10. What new conclusions of a fundamental nature in relation to the whole problem can be made on the basis of the results of the analysis and assessment of the communicative situation?

The above list of questions allows you to analyze the results of the negotiations as a whole. The analysis of the conformity of the types and forms of communication to the subject of negotiations can be conducted on the following parameters:

• the appropriateness of this correlation of the subject and speech components of communication to achieve mutual understanding;
• correlation of communication components with professional and speech competence of the participants of communication;
• use of the most effective communication channels;
• phasing of solving problems according to the principle of “increasing difficulty”.

Analysis of the implementation of the psychological attitudes of communication is possible according to the following parameters:

• realization of individual motives of partners;
• the possibility of correction of motives in the course of communication;
• correspondence of the obtained results to the interests and positions of the parties.

Monitoring the effectiveness of negotiations involves assessing the situation according to the parameters listed above, and other parameters related to motives, goals, conditions, forms of communication. Evaluation of the results of business communication in this case may be in the nature of individual research or testing of interested parties. On each of the questions the respondents, as a rule, give one of the answers on the scale: yes; rather yes than no; not; More likely no than yes; I find it difficult to answer; another answer.

Here are the criteria for the effectiveness of the negotiation process:

• Sufficiency of preliminary information.
• Clarity, accessibility, uniqueness of information.
• The consistency of the communicative actions of the participants of communication on the interests, positions, motives, etc.
• The expediency of the chosen form of communication.
• Accounting professional competence of the participants of communication.
• Accounting for all types of external and internal motivation for the actions of each of the participants in communication.
• Individualization of individual aspects of the negotiation process to achieve more effective results.
• The adequacy of the facts presented in the course of communication, arguments, data of a different nature.
• Presentation of all arguments and facts in the required sequence.
• Slender compositional structure of oral and written speech works.

The algorithm of actions aimed at clarifying and correcting the content and forms of further contacts may be as follows:

• analysis of actions taken and their compliance (for various parameters) planned;
• evaluation of the effectiveness of each stage of communication and the results achieved (in accordance with previously assumed);
• identifying the moments when the most significant mistakes were made in terms of organizing, conducting and monitoring the results of communication;
• comparison of plans and programs of follow-up actions with the results of previous ones in the subject and communication plans;
• clarification of plans with regard to previously committed errors.

It is advisable to carry out work related to the control of business communication and the refinement of its programs to a group of experts (if one exists in the organization) who are capable of an unbiased and realistic assessment of all components of the business interaction of the parties.

So, for the effective conduct of the negotiation process, consistently implementing the installation of each stage, participants need to analyze their actions, verifying them with certain criteria and algorithms. Dispute is necessary in a businesslike manner, based on the argument, adhering to the topic under discussion. In response to the statements of partners, you can not allow deception, impermissible tricks, manipulation of facts. Summing up, it is necessary to carefully check the content of partner evaluations.

The “most substantive negotiations”, which imply a principled approach by the parties to the soberly assessed subject of discussion, are recognized as the most effective method of negotiation.

By comparing the negotiation programs with the results of their implementation, analyzing the situation as a whole and each of the stages of negotiation communication, one can avoid many mistakes, achieve a better understanding with partners, correct each subsequent action taking into account the effectiveness of the previous one.

It is important, without losing sight of the details of each stage of the negotiations, to avoid the main mistake - the lack of control over their effectiveness.

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