5.1 Principled Negotiation

There are five major points that one should consider in the negotiation process:

1. Separate the people from the problem. This describes the way the parties should interact with each other throughout the negotiation process. Negotiators are only people, and they have personal interests in their positions. If Party A attacks the position of Party B, it can feel as though he or she is attacking Party B personally. If parties can go into a negotiation committed to clear communication and do their best to acknowledge the emotions that are attached to the negotiation process, there will be a better chance for an amicable resolution.
2. Focus on interests, not positions. This is an aspect to be considered throughout the negotiation process, starting with planning and preparation and revisiting in clarification and justification. A party’s position is something he has decided upon. His interests are the reason why he’s made that particular decision. Each party should attempt to explain their interests clearly and have a full understanding of the other party’s interests.
3. Invent options for mutual gain. It’s during this stage that falls within the bargaining discussion part of the process that parties should get together and try to generate as many possible options for resolution. Parties can focus on shared interests to generate as many win-win solutions as they can during the brainstorming sessions. Once all possible solutions are exhausted, evaluation of those proposed solutions can begin.
4. Insist on using objective criteria. Using objective criteria can keep the discussion polite and the relationship preserved during the negotiation process. This objective criteria can be introduced during the ground rules stage or at any point thereafter, and parties should agree to its use. Objective criteria can be statistics, past legal judgments, professional standards or other data that is legitimate and practical.
5. Understand your BATNA. The BATNA – the best alternative to a negotiated agreement – is the most advantageous course of action a party can take if negotiations fail and an agreement can’t be made. A party should never accept a negotiated deal that leaves him or her worse off than his BATNA. The BATNA is a leverage point in negotiations, and without a clear idea of BATNA, a party is negotiating blindly.