Negotiation

The negotiation is the search for an agreement, centered on material interests or quantifiable stakes between two or several interlocutors (one does not negotiate with oneself, one deliberates), in a limited time. This search for agreement implies the confrontation of incompatible interests on various points (of negotiation) that each interlocutor will try to make compatible by a set of give-and-take.

Results of the negotiation

The negotiation can lead to a failure or an agreement. In this last case, a negotiation which proceeds in co-operative mode generally led to an agreement in which both parts are estimated gaining (Gain-gaining). On the other hand, if the negotiation proceeds in competitive or distributive mode, the agreement is likely to be Gain-loser and unstable, even Loser-loser.

In other words, the quality of an agreement depends as much, even more, of its consequences in the long term on the relations of the protagonists that profits obtained.

Examples of causes of failure of a negotiation:

  • Positions of the irreconcilable interlocutors (one of them reached its point of rupture, i.e. a level of concessions such as it cannot concede any more).
  • Lack of time.

The agreement resulting from a negotiation will be generally formalized by a contract (economic domain), a treaty (political arena, whose Francis Walder gives an example in Saint-Germain or the Negotiation , account inspired of the conference during which was put an end in France to the third War of religion; the Paix of Saint-Germain lasted only two years), a “agreement” or a convention (social domain, for example: the Agreements of Grenelle), a Compromised , a Arrangement, a compromise, a Consensus.

Design of the negotiation

Examples

Trade negociation

Two companies wish to work together: one providing of the goods (or the services) to the other, realizing a price and general terms (terms of payment, duration of the agreement, engagement on bought quantities etc)

It is first of all necessary to demystify the act of negotiation: 90% of the result come from the preparation and not from face to face Acheteur/salesman and from its " techniques" psychological

Les key stages:

  • writing of the schedule of conditions

    • Which are the needs for the company: volumes, technical specifications, level of awaited service, places of delivery, etc?
    • This stage is fundamental because it makes it possible on the one hand to rationalize this need and to put all the actors of the company at the tuning fork, and on the other hand to address itself to the market in a clear and identical way for all. are
  • analyzes market
    • Which the suppliers? In which countries are they localized? is
    • Which their manufacturing process? is
    • Which the independent factors of costs? is
    • Which the relationship between supply and?
  • drafting of the Invitation to tender
  • examination of the offers and analyzes results
  • analyzes forces weaknesses of each involved part
  • strategy
  • act of negotiation
    • This one can be done opposite opposite, or more and more thanks to tools Internet, type Enchère reversed
  • contractualisation

Trade-union negotiation

  • To evoke the trade-union negotiation without evoking the employers' negotiation, it is to take the risk to fall down in the rut of the Double constraint too often checked.

  • For as much, the trade-union negotiation is not reduced to the only field of the industrial activity but touches all the fields of the human activity.
  • the negotiation refers at the very least to the two types of obligations which are the obligation express to negotiate (OEN), and implicit obligation to negotiate (OIN).
  • the first changing of the structured framework of the collective bargain; the last leads to a culture of the discussion and exchange of information: the management of the collective Intelligence.
  • the management of the collective intelligence, which returns to the framework of DPO, indicates an ideal of Organization reaches with more or less happiness according to the times and the places.
  • history (world) of the Participation, Jean Bornard, 1992 (OJ n° 8900 114 V of June 19th, 1989)

Political negotiation

  • a famous example: negotiations within the framework of the agreements Israel/Palestine;

  • Negotiation of the agreements of nuclear Disarmament (bilateral or multilateral);
  • multilateral Negotiations: World Trade organization, Protocol of Kyōto cf §1.1, etc

Related terms

  • Palaver: mode of discussion to find an agreement collective or between two parts, with a wise to lead the debates

  • Bargaining: discussions to obtain or sell something with the best price. In fact it is a negotiation comprising only one point (negotiation), the price.
  • Talks: conversation, conference between two or several people, to adapt, treat businesses. The talks can be a precondition to negotiations.
  • Negociation: together of steps, of talks in semi-official matter or occults, in which intervene of the operations and the bargainings.
  • Sale: term often used as synonym of negotiation. It is necessary nevertheless to point out that the negotiation is different from the sale by its object (not only commercial), by more the big leeway generally left to the actors and by the stakes considered as very important (one sells a car and one negotiates a contract of weapons).
  • Mediation: imply the presence of a third neutral, impartial, independent, guaranteeing operating rules and of communication, in particular of confidentiality, agreed with the parts. However, in mediation, the negotiation which results from this is of contributive nature, i.e. the parts will make an agreement with a concern of durability, retaining the assumption of a return in front of the mediator in the event of difficulty.

See too

Internal bonds

External bonds

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