Negotiation Process Essay

Negotiation Process

Negotiations are a process of interaction. Negotiations may include bargaining on some decision, resolving disputes, asking for the rights or corporate or individuals or agreeing upon any sort of action. The negotiations based on two major things the whole process of negotiations and its substance. While going for the explanation of these two things; the process of negotiations depends on the techniques, debates, arguments and agreements made by the two parties, and the substance depends upon the issues, the objects and the matter concerned. Negotiations can also be defined as a discussion between two or more parties on a certain issue and neither of them is agreed to completely follow the other but they want a way in between the approaches of both of them through discussions rather than openly fighting. It can be on individual as well as on corporate or international levels.

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            In the negotiations process, the two parties have to compromise on certain grounds neither of them can be fully satisfied, but on the whole the conflict has to be solved peacefully by talking therefore to avoid any rivalry the discussions are made and the matters either any are put on the tables. This is the best ever process because it is in the benefit of both parties and if they continue the negotiations and the follow –up of the agreements signed with honesty and sincerity the relationships are long lasting and fruitful and no one losses anything.

            Negotiations like any other task, needs proper planning. As skilled and sharp minds are behind the policy and strategy makers the more long lasting and strong negotiations and agreements will take place. There should be a clear concept and objective, which has to be reached, plus the interests of both parties should be accepted and their point of view should be respected fully.

            First and foremost while going for negotiations the frames of both the parties i.e. their problem should match. If the problem or frame is not exactly the same no negotiation can be successful and no proper solution can be found. To solve any problem is just like accomplishing a certain goal and until and unless you have set your goals clearly on the same pattern at both sides there will not at all be a better understanding and success in it.

            The negotiators must also be careful about the steps taken in the procedure they should either go to some experts or analysts to help them in making their decisions; also they should assemble all the issues in a list so that they can be thoroughly studied. After assembling the goals the negotiators must give priority to the listed points because such a way can help them bargaining and compromising with each other certain points are discussed but are not accepted by any of the parties in this situation the negotiations should end and the negotiators should get back rather going ahead. Another important element is to be calm and neutral in discussions sometimes very hard matters are discussed and solved easily and very small and easy ones are left unsolved. The negotiations should be fair and sincere the deal made must be clear and the strongest points must be kept in front so that the discussion must be strong and valid. The negotiators must also think about the other side, the points offered should be flexible enough to meet the other party’s interest as well. Finally while assessing a problem and preparing a proper plan for it the negotiator should study the background and facts of both parties and by doing interviews of those who have done commitments with the other party in the past. There are also some external powers, which make the negotiations powerful and put some stress on the other party so that it has to agree on the proposal given.

            The best way to start the discussion is to start with the extreme points and then to soften the corners and give leniency this will put a hard line on the other party and a force on discussions and decisions. But sometimes it goes negative as extra force and fury resulted in anger and arguments rather peaceful talks hence will be a mistake to commit. Negotiations planned and held peacefully, certain points are kept to be careful and certain things are neglected but still there are few hurdles in negotiations as well. Sometimes negotiations fail just because people don’t understand that they are in a bargaining position while doing negotiations and not in an ordering position. Also the interaction, communication and understanding fails between the two parties will lead the negotiations to fail. The lacking in trust is also a very major hurdle in negotiations. First both parties should develop trust among them and should tell each other everything about the problem concerned. A number of facts and theories have been arose related to negotiations its needs and benefits as well as the hurdles and weaknesses and how to tackle all that. The Negotiations are of two types first is,  as the chance of one’s attaining goal increase other being interdependent on it increased positively and the second is that in which as the chance of one’s attaining goal increased the other’s chance decreased at the same time and they are found to be negatively interdependent on each other.

Negotiation Procedure

Negotiation is a step-to-step procedure which consists of several factors few are:

Get Ready

            This step refers to the initial step. It include the ground of the matter, its importance, hurdles, needs to be discussed etc. lets say you are going to built a house what you need first is to hire an architect, masons, painters, designers to built as well as decorate a complete home similarly any task going to be done need a base a plan a get ready step. Mostly negotiators do not know their basic needs and this left them in deep hopelessness. One should also keep a certain difference between the needs, likes and wants always keep in mind that here your likeness doesn’t matter you are going to bargain, put on the top of the priority list the most important factor and give less importance to others even if they are not accepted. Also the basic plan of negotiation includes the factors of time and money; how much time you can give to a certain procedure and how much money you can spent on it matters a lot.  The more time you give to the other party the greater chances of successful negotiations will be guaranteed. There should be certain boundaries how much you offer the other party if it’s too below the expectation of other it might not work it should match the criteria almost near to the interest of both parties. After you have completed with the initial procedure understand the other person or party; their beliefs, culture, likesdislikes personality etc. The time and place decided for the purpose also matters a lot, it should be comfortable a full protocol and respect should be granted to the other person/party. According to Deutsch (Negotiation theorists),“The most important factors that determine whether an individual will approach a conflict cooperatively or competitively are the nature of the dispute and the goals each side seeks to achieve”. [1]

            “There’s a reason why we sign these treaties: to protect my son in the military. That’s why we have these treaties; so that when Americans are captured, they’re not tortured.” [2]

SENATOR JOSEPH BIDEN, in an angry negotiation with Attorney general Ashcroft, during testimony about a Justice Department memo argued that the U.S is not bound by international treaties against torture while interrogating suspected members of Al-Qaeda.


            This step refers to the acknowledgement to the other person/party what you exactly want, what’s your goal? Why the negotiations need to take place? The opening of the discussion counts a lot in any negotiations if you are more likely to go ahead in a positive sense and you are more interested to have a conclusion rapidly then you must go for a friendly and easy opening rather than a formal and reserved opening. On contrary if you want your point to raise higher and not thinking of bargaining so easily them you must start formally so as to let the other person know that the negotiations are not going to be so flexible. The person who starts the negotiation must be confidant enough not shaky and uncomfortable. The bold and confident look let the other person to trust you easily. Who is opening? Is another think to be considered, the one who is going to start will lead till the end and the other will be following all the way. Sometimes explanatory words and being a bit more theoretical can be helpful like if you are telling the details and each and every aspect carefully it might have strong impact on the other person.

Examine and Discover

            Sometimes going faster is a blunder in negotiations. Be calm and have patience first examine and them discover. These two words are short to write but very theoretical in explanation. Examining is a matter of great concentration while doing negotiations first tries to know the whole information, the hidden parts as well about the problem and try to go deeper. Then the second thing is to discover; once you have studied the facts theoretically you will discover things of your interest, which will help you in the rest of negotiating procedure.

Discuss and Debate

            This step refers to the stage where the discussions are really at its peak – it means that it is going at a faster pace and covering the serious stages. There is always room  for misunderstandings and falsehoods in any problem under discussion. But the arguments should be avoided as much as one can only in a really critical situation should they are done..

            There is always a third way out and that is what calls for debate, discussion or negotiation. Responding quickly to the others perspective is a good practice to do, just keep an eye on hat is being asked and what is answered, try to have a forceful attack after the other person has finished. Always keep your sayings truthful and correct. Never forget that the soul purpose of all the debate is to find the conclusion and always make the other person know that what they need and what you offer is in the best interest of them and only you offer the best deal

Giving Hints

            After starting negotiations, making proper grounds for it and placing it till the highest level where it becomes serious enough a point came where there is a pause and both parties are thinking over a deal and should they move on or not. At this stage a little hint works a lot. It can be say a signal to the other that we should not loose hope and this discussion is going on. This can be a move, a pause, and a short tea break to refresh the mind or any such gesture.

Offers and Packages

            At a certain stage where the negotiations are going down, do not loose hopes. Try making all possible efforts. If the deal is not accepted, try some interesting and lenient packages. These packages should be much more flexible then the one offered before.

Move to Conclusions

            As the opening, the debate, the discovery and the hints are done now move towards the conclusions. As soon as you feel that enough discussions have been made, just reach the conclusions readily. Try saying concluding words which that you are more likely to have an agreement and you have understood the matter fully. Now when you are agreed and going to end the discussion just gives another look to the whole matter, all doubts, points and facts should be reconsidered. Thee are the major steps to be kept in mind the last thing is to shake hands, smile like you are pleased and finally signed the agreement.

Sign Agreements

            It is when you have completed all the formalities and discussions, now just whatever have been done orally have to be put on paper by placing a signature on the dotted line. And it should be carefully done by both parties so as to make conform whatever we have agreed upon is something we are going to follow for the upcoming years.

Future Actions

            The above all procedure is a backbone for all the future actions between these two parties. All the transactions, the dealings and relationships will depend on this deal. It is important to keep it flourishing and grow day-to-day and should be maintained negotiating is a composite process but one need mastering. If the point of success and failure and its importance is kept in mind, the desired and positive results will be obtained. Let us take an example of India and Pakistan since 1947 there have been thousands of negotiations done on many issues, some remain unsolved and some were solved. The major issue among all is the Kashmir dispute between the two neighboring countries which is still unresolved and several negotiations have been done and still going on. India and Pakistan remain trapped in a dangerous stalemate over Kashmir. Pakistan based terrorist’s carry on daily provocations against India, and an increasingly frustrated Indian government feels that it has no option except full-scale war. The only solution to this problem is to negotiate and that the both parties should accept that their present strategies have been failed. Therefore they should start discussion and get help in resolving the matter different countries. Although the relationship of India and Pakistan with all of their other neighboring countries are friendly, it is only the rivalry between them, which is not ending, and is the basis of conflict and can be a cause of war in South-Asia. The two nations have been fought in 1947, 1965 and 1971. They both have Nuclear power and have a Hindu Muslim conflict since before partition.

            Pervaiz Musharraf said in an interview with the UK-based Independent newspaper. “The cause of Kashmir must be resolved. Kashmir is a festering wound … since partition; there is a United Nations Security Council resolution on Kashmir and we are demanding its implementation. We must resolve the Kashmir dispute; this is our stand even now.” He said the conflict between India and Pakistan over Kashmir was “another Palestine in the making” [3]

These sort of negotiations have been started a number of times but all in vain the hostility, the bitterness on this matter goes on. The dispute over Kashmir has been a bone of contention between two countries since 1947, and that brought about the reason to the nuclear explosions in 2002 from both sides, which may anytime lead them to another war era.

“Pakistan’s former foreign secretary, Tanveer Ahmed Khan, says he thinks both governments are approaching the talks with “a new vision of reality” — that the use of force will never resolve the Kashmir dispute”.

On 24 September 2004 the Indian Prime Minister Manmohan Singh met Pakistan president Pervez Musharraf at Roosevelt hotel New York; for the first time. The media of the world was keen to know that will the negotiations be successful will they agree on certain points will the peaceful agreements be signed. Some of the negotiations process held throughout the world which were successful are as follows:

Negotiations – Aceh Peace Process

The Government of the Republic of Indonesia and the Free Aceh Movement signed an agreement on 15th of August after a procedure of negotiation which was facilitated by CMI and its Chairman, President Ahtisaari. EU and other countries were invited by the Government of Indonesia to provide with means to complete the mission. Some important developments were found in Aceh after that agreement. There was also found establishment of an Aceh Monitoring Mission (AMM) after that agreement and the plan of agreement was watched by European Union and five ASEAN countries. The first anniversary of the successful agreement was celebrated on 15th of August 2006, President Ahtisaari, CMI’s Executive Director Ms Arola and other staff attended the celebration. [4]

On 4th Aug 2007 Pakistan high commissioner to the U.K, Maleeha Lodhi met the then Us deputy secretary of the state Richard Armitage, and ISI chief Mahmood Ahmad and unfolded the events happended on 12 sep 2001, the negotiations went very serious when MS Lodhi recalls with slightly more texture than most accounts the “you are with us or against us” dictum that Mr. Armitage issued. The two of the were very tense Mr. Armitage said: “This is a grave moment. History begins today for the United States. We are asking all our friends-you are not the only country we are speaking to- whether they are with us or against us”. Towards the end of the meeting General Ahmad asked what Pakistan could do for the United States, an immediate action of friendship. Ms Lodhi and General Ahmad in this meeting were handed a seven points list in which most of them were related to the coming war in Afghanistan, and some of which are currently debated between Washington and Islamabad. Since after the 9/11 dispute, which brought bitterness between the two nations, the negotiations held in this will be a way to positive relations and a peace agreement. [5]

Recently, India and Bangladesh have promised joint action on against terrorists taking shelter in each other’s countries. These South-Asian neighbors have in the past accused each other of harboring terrorists and criminals who stage cross-border attack, an issue that has strained normally cordial ties. The negotiations between two countries went successful as the war against terror is a global issue nowadays and almost all countries want peaceful atmosphere and better relations with each other. Moreover in the meeting between the representatives of two countries it was discussed that the use of either country will not be allowed for the other to do criminal and terrorist activities. These talks held between Indian Home Secretary Madhukar Gupta and Bangladeshi counterpart Abdul Karim in New Delhi. [6]

            Negotiation is something we all do in our daily lives it’s not something related to businesses but also at international levels negotiations happen rapidly. They are the best means to communicate to solve problems to help in creating a peaceful environment and to contribute in a progressive society. But it is equally important than any other thing that the right people should be involved in negotiation than the ones who do not have much experience. Only those parties must be represented who are most interested to negotiate and only those should come up who are most trust worthy and may fully require and support the interest of its party. If the negotiator is not sincere he/she might leave any point and that may lead to false or weak negotiations, which will result in argument and rivalry instead of peaceful talks. Neither too much expectation nor being too abysmal works in such matters the best thing is to be at a balance position. Always keep your emotions apart from your business and dealings never think to shout, force or furious about your thoughts always try a calm, cool and peaceful trick. Putting so many conditions is not a fair deal to offer put as many condition as you are willing to accept from the other person.

Today, in the world where ever we see around us globally there is deal and negotiation in every matter from the war against terror declared by U.S to the Talibans to the conflicts and its resolution between India and Pakistan. The bottom line that negotiations is the repeated exercise and a part of life you can get apart from it you can not escape from it all you need is to face it and to be aware of the tips and techniques to win. A very irrelevant in saying but important in real terms practice is to avoid a round or square table, try using such seats which will not let the other party sit as if look like they are your opponent rather use sofa’s and seats which create friendly atmosphere. Always prepare a BATNA (best alternative to a negotiating agreement). This will really be helpful not always all points are accepted at such position the BATNA works.

The conclusion to the term ‘NEGOTIATION’ simply understands, solving, making things simpler and easier and to promote peace and communication among nations, businesses, people etc


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Crisis Management Initiative Accessed August 5, 2007

India, BD vow joint action against terror threat -DAWN – International; August 05, 2007 Accessed August 5, 2007

Maleha Recalls Armitage, The Daily Dawn, pg, 3, August 5, 2007, Pakistan

Michelle Maiese What is Negotiation? October 2003  Accessed August 5, 2007

My eight best negotiation tips. Sunday, 11 June 2006

Accessed August 5, 2007

Ron Synovitz. South Asia: India, Pakistan Start Talks On Kashmir Agenda. Global Security (2004) Accessed August 5, 2007

Subrata K. Mitra. War and peace in South Asia: a revisionist view of India-Pakistan relations. Contemporary South Asia, Volume 10, Issue 3 November 2001, pages 361 – 379
Syed Saleem Shahzad. Kashmir a litmus test for Musharraf. June 28, 2002 Asia Times Online Accessed August 5, 2007

The eight-stage negotiation process  Accessed August 5, 2007

TIMES MAGAZINE, 21 June 2005,

[1] Michelle Maiese What is Negotiation? October 2003  Accessed August 5, 2007

[2] TIMES MAGAZINE, 21 June 2005,
[3] Syed Saleem Shahzad. Kashmir a litmus test for Musharraf. June 28, 2002 Asia Times Online Accessed August 5, 2007

[4] Crisis Management Initiative Accessed August 5, 2007

[5] Maleha Recalls Armitage, Dawn, pg, 3, August 5, 2007

[6] India, BD vow joint action against terror threat -DAWN – International; August 05, 2007 Accessed August 5, 2007