Negotiation Stage 1: Opening a Negotiation...

1. The approach used to open the negotiations once the teams have been convened at the table will often impact on the tone of the rest of the negotiations.

First impressions count – so make them count in your favour with a positive welcome, a smile, and firm handshake (as culturally appropriate).

• Ensure everyone is introduced (including whom they represent).
• Briefly state the subject you are there to negotiate – without giving any indication as to the possible outcome. So, it would be:

Appropriate: “We are here to discuss the possible supply of widgets.”

Inappropriate: “We are here to secure the best possible price for widgets.”

2.  When trying to set a tone conducive to principled negotiations, it is often valuable to start with non-threatening, constructive suggestions or elective questions focused on the process or the relationship, rather than substantive proposals.

• Examples include: ‘How should we proceed today?’ or ‘I hope we can work together to find a solution that satisfies both of our interests.’ These approaches can help avoid the problem of warring ‘solutions’ before basic agreement has been reached about definitions of the issues or problems.

3.  Remind people of the benefits that would accrue to them if the negotiation is successful. This can be particularly useful in counter-balancing any negative emotions. If there are high emotions in the room, acknowledge them: "I believe we should appreciate the emotions that are likely to be present in discussing this issue. I would recommend that we seek to put these to one side as much as possible, while respecting the reality that they may well surface at some point."

4.  Developing a common ground.  You may want to suggest that you begin negotiations by making sure you both understand how you perceive the problem that is being negotiated. This can enhance trust by demonstrating your analytical empathy for the other side’s position, all the while not compromising your own position. While the basic ground rules and negotiating principles may have been developed during the pre-negotiation phase, you may want to reiterate them to avoid misunderstandings. In addition, you may want to develop joint definitions of key terms to facilitate communication.

5.  Agree to the ground rules, time-outs and potentially, the preferred negotiation style. If collaboration is your chosen style, declare it and seek agreement that all parties will also collaborate. Note: the ground rules should give an indication of what ‘collaborate’ means; a brief summation might help. Perhaps:

To work together on the problem to see how successful we can be at meeting the needs and wants of everyone represented here.

But:

If you have decided to be tough or a pushover, don’t announce it!

6.  For team negotiations, it is advisable for each party to nominate a lead spokesperson.  the role of an independent chairperson might be useful for large groups.

If this is not the first negotiating session, re-state the progress to date and the agreed ground rules. Before proceeding, secure agreement to this introduction (checking whether any of that should be reconsidered).

To conclude the introductory stage, outline the proposed structure for the rest of the negotiation. So, we might say:
"Can we agree to a staged approach – first finding out all the issues, needs and wants, then their relative importance, before considering as many ways as we can to achieve an acceptable outcome in arriving at the best possible solution."

Secure the agreement and move on to the next phase.