| |
| |
|
Negotiation Information |
|
|
|
Four Ways To Work Out Business Disputes
Business owners have four options to resolve disputes with partners, vendors or customers. Each option is based on different assumptions, and entails a different cost. Therefore, it pays to understand them better. Option #1 - Direct negotiation Direct negotiation is certainly the cheapest - but not necessarily the easiest - way to resolve a conflict. A good place to start, is to get clear about what one wants, why, and how much one cares for the future relationship with the other person. The next step, is finding out how the situation looks from the other person's perspective. This task requires effective questioning, listening, and observing. The final negotiation step, is crafting an agreement that both parties believe to be better than all other alternatives. To negotiate successfully one needs some planning, communication and negotiation skills. Without them, it is easy to end up with no deal, or a bad deal, or even a personal war. Option #2 - Mediation The goal of mediation is not to find who is right or wrong, but how the problem at hand can best be resolved. Mediation is a process in which parties who disagree meet with a neutral third-party, who facilitates their negotiations. The mediator doesn't have any decision-making authority. The parties decide how to resolve their problem, in a way that is mutually acceptable. Since mediation is confidential, mediation discussions and materials are not admissible in court. In a sense, when people mediate they have everything to gain and nothing to lose. If they are able to reach a mutually acceptable agreement with the mediator's assistance, that's great. Otherwise, they can still use the remaining two options. And in that case, whatever they have said or heard, offered or counter-offered during mediation, doesn't matter. Option #3 - Arbitration The business dispute is submitted to a neutral arbitrator, who examines the evidence, listens to the parties and renders a binding decision. The conflicting parties must accept the arbitrator's decision, no matter whether they like it or not. Arbitration is past-oriented, and requires a certain amount of fact-finding. Therefore, generally it takes more time (and money) than mediation, but less than litigation. Option #4 - Litigation The fourth option is to let the judge decide which party is right or wrong, based on the facts and the law. In actuality, though, the vast majority of civil cases never get that far (some statistics say up to 90%). They settle out of court. A few days - or even hours - before the trial, the two conflicting parties, assisted by their respective attorneys, prefer to negotiate their own agreement, rather than running the risk of losing in court. For business owners - as well as for anyone else - litigation has two major drawbacks. First, it inevitably has a detrimental effect on the future relationship between the parties. Second, it can be quite expensive in terms of time, money and stress. Nonetheless, when a business dispute cannot be resolved any other way, litigation is a valid option. About The Author Giuseppe Leone is a Business and Workplace Mediator. Past President of SPIDR (Society of Professionals in Dispute Resolution) Hawaii Chapter. Mediator for Hawaii District Courts. Email: mediationplus@yahoo.com
MORE RESOURCES:
Negotiation - Google News |
|
|
|
RELATED ARTICLES
So Whats Your Argument? Arguments aren't always bad things. Sometimes They're used to convince someone of an important point they may not yet realize. Negotiating Tactics: Don't Let 'Good Guy - Bad Guy' Control the Sales Negotiation Counter one of the classic negotiating gambits by addressing it directly.You've assembled a brilliant sales proposal for a new client and when you arrive to the meeting to hammer out the final details, you suddenly find yourself sitting across the table negotiating with two people. Just Ask! Ask and you shall receive & knock and it shall be opened &send an email and see what happens.As a student of personal finance you are probably familiar with the advice to negotiate with your credit card companies to get a lower interest rate. Embarrassed To Discuss Your Prices? Seven Common Reasons We Cant Talk About Them Last week, a wonderfully-skilled electrician installed a new light fixture for us. He was competent, courteous and efficient. Negotiating Technology Contracts Have you ever tried to negotiate a deal for software, computer equipment, or consulting services with a technology company? The task can be daunting. Unfortunately, the sales forces of most IT companies are armed to the hilt with techniques to get the best deal for them, and not necessarily the best deal for you. The Most Powerful Persuasion Skill Youll Ever Learn Criteria ElicitationThis is without a doubt the most important persuasion skill that you can learn. If you'll learn to apply this to every situation in which you find yourself you'll be amazed at the positive results! Many of the hypnotic skills I'll be sharing with you have a parallel in old sales training techniques. Are You Scaring Away Potential Customers? When you are trying to make a sale and ask someone to fill out a credit application and new account form, do your potential customers turn around and run to the competition?Author Michelle Dunn, in her new book "Become the Squeaky Wheel," explains how you can avoid scaring customers away and keep them coming back. First, find out what your competition is doing, do they have a credit policy? If they do, what is included? What does their credit application look like? How many forms do new customers have to fill out? Do they have good paying customers? Look online, a lot of business website will have their credit applications available online. Lets Make a Deal Smart buyers will always ask for a better price. Unfortunately, too many sales people and business owners automatically think that reducing their price is the most effective way to respond to this request. Negotiation: A Compromising Position Negotiating is a hot topic these days for a good reason. It is difficult to imagine a more vital managerial skill than the skill of negotiating. Negotiating: Forcing vs Compromising Forcing is a hard-nosed approach that makes heavy demands from the outset. Emotions are displayed frequently, few concessions are made, and the bottom line may be concealed. Making the Deal: Women as Negotiators Negotiating is no game. It is not for the weak or the fragile. Where to FIND the BEST Employees -- Obviously, you might logically say, "that is good!" You would most certainly be on track feeling good about everyone in your area having a job. Getting everyone working and being more self-sufficient is our logical goal. Writing an RFP (Request for Proposal) A while back, a potential client provided me with some general details of the writing work he wanted me to do for his company. Then he asked me to send him a proposal. Managing the Sales Negotiation Process How many times have you heard:"You've got to drop your price by 10% or we will have no choice but to go with your competition.""You will have to make an exception to your policy if you want our business. Power Pricing - Getting the Right Price for Your Products and Services There's an old joke about the New York City blackout. Power was out everywhere, and the electric company couldn't figure out what was wrong or how to fix it. Neogtiation: How to be Right Without Making Other People Wrong What exactly are we trying to accomplish by proving to others that we're right? We might win the argument but ultimately lose the relationship. Perhaps a better, deeper-rooted question is this: Why do we lose sight of success, of our big objective, when we feel challenged or intimidated?When I prepare to negotiate, provide a service or turn my employees' talent into performance, I know deep down that if I make people feel valuable they will see my input as having value. How To Deal With A Complainer How To Deal With A ComplainerA Complainer Is Characterized by:1. Dissatisfaction in their personal life 2. How Barter Can Help Your Business Online or Offline How Barter Can Help Your BusinessBarter trade is a powerful instrument that represents a solution for companies with available stock or services. By accepting payment in trade money instead of cash, a business maximizes their efficiency by increasing stock turnover or billable hours. Games are a Reflection of Behavior You are standing on a small stage yelling, "What's the name of the game?!""Win as much as you can!!!" comes roaring back."Who's responsible for your score?!""I am!!"The audience is composed of ninety men, all prisoners in a federal maximum security prison. Barter and Its Benefits What is Barter? Barter involves 2 parties. Each party wants to trade with each other and instead of exchanging cash for products or services, the exchange is carried out with products or services that each possesses.
|
| home | index |site map |
| © 2006 |
