NEGOTIATION 101 by Sonuga Adebusola O.

‘For all those who always ask for the last price.’ INTRODUCTION Negotiation can be said to be the most basic form of Alternative Dispute Resolution (ADR). It underlies most of the other mechanisms such as Mediation, Conciliation and Arbitration. It has also been described as the “preeminent mode of dispute resolution”. Everybody has probably engaged in one negotiation process or the other, whether it was when you were arguing with that woman at the market that the price she was proposing to you for a pair of shoes was too high, and you used the good old fashioned threat “madam I will find this thing cheaper in another place”, or when you were negotiating what your allowance would be with your parents, or when (for those of us that have jobs or have worked at one point or the other) you were negotiating with your employer the salary you’re willing to collect. There are so many other instances in which we might have engaged in negotiation but I can’t mention all, but the whole purpose of this is to let us know that negotiation is something we engage in on a daily basis. Although no proper definition is yet to be given, a basic idea should have been gotten from the introduction as to what negotiation is all about but if not and you’re still clueless and even thinking “what is this person talking about?”, do not be dismayed for I have got you covered. DEFINITION The ‘Law and Practice of Arbitration and Conciliation in Nigeria’, defines Negotiation as involving discussions or dealings about a matter with a view to reconciling differences and establishing areas of agreement, settlement or compromise that would be mutually beneficial to the parties or that could satisfy the aspirations of each party to the negotiation. In other words, this definition is saying that negotiation involves parties to a dispute trying to ‘meet in the middle’ by harmonizing all disagreements or differences in other to produce an agreement which would best suit all parties. It involves a giving up of something in order to get something in return, a quid pro quo of a sort. Unlike litigation where in most cases it is ‘winner takes all’, compromise in negotiation entails that all parties have a genuine desire to reach an agreement and therefore try to persuade each side to agree with their point of view. NEGOTIATION STRATEGIES There are different strategies which one can take towards negotiation and each would depend on the nature of the issues being negotiated. The nature of the negotiator(s) involved is also an important thing to note, whether the negotiator is tough and aggressive, like some market vendors who are always reluctant to accept your views, or the negotiator is subtle and soft, and it is always naturally easier to appeal to their senses of reasoning. The negotiator might also be the type that likes to act as if they are not ready to listen to what you have to say but with a little bit of cajoling would later accept your view. The two most notable bargaining strategies are the Position based bargaining approach and the Interest based bargaining approach. A Position based bargaining approach is a strategy in negotiation which involves standing your grounds by holding on to a fixed idea of what you want and proffering arguments for that position and that position alone. A good example of this bargaining approach is one that takes place between a seller and a buyer, this approach often tends to lead to a half-win situation for both parties. On the other hand an Interest based bargaining approach is concerned with why the positions are being taken. It deals more with “this is why I want this” rather than “this is what I want”, it focuses on the needs, desires and concerns of the parties rather than the position itself. It usually leads to a win-win situation for all parties. The timeframe of negotiation largely depends on the nature of the issues being negotiated, for example in more formal cases such as a business organization trying to negotiate the terms of a contract with another business organization, or negotiation which takes places between two or more countries. In such cases negotiation may take weeks, months or even years before an agreement might be reached. All these are key notes to take when approaching negotiation. In order to close a successful negotiation, adequate preparation is essential;

• The first step is to define the problem, this allows for both parties to understand the nature of the dispute and the appropriate approach or strategy to negotiating. There is a clarification of objectives and a finding out of what each side wants.

• The second step involves knowing the other party. Knowledge of the nature, reason and predispositions of the party would suffice. This is a very important step as it would allow you to properly plan your strategy to meet the other party’s. • The third and final step is the agreement. This is where all parties reach a consensus and are in unison. This stage entails that a suitable compromise with which all parties are happy with has been made. ADVANTAGES OF NEGOTIATION 1. It is party driven; Parties to a negotiation process to a large extent have the final say on where, when and how such negotiation would take place and the appropriate approach to be taken. There is also the absence of third parties. 2. It is cost and time friendly; in most cases little or no money is needed to conduct a negotiation process, the time needed is also relatively small. Most negotiation processes could be completed in a few minutes, days or weeks. 3. It is confidential; Due to the fact that the parties concerned are in total control of the process, it is left to them to decide whether or not to carry out the negotiation process in private or in public. 4. It preserves the relationship between parties; Negotiation does not deter the relationship between parties thereby creating a suitable means for conducting future dealings. 5. It allows parties to produce an agreement which would best suit their interests. CONCLUSION Although, the amount of formal institutions where negotiation skills can be learnt are minimal, you should know that before engaging in any form of negotiation, you should be clearheaded, know when to talk and when not to talk, put your emotions in check, fill in the other party’s shoes, and last but not the least, know when to walk away.