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Negotiation Skills




                     By Pankaj K Sinha
                       Head- Commercial
                       Essar Offshore Subsea Ltd.
Vision Statement of EOSSL




To be the most preferred solution
provider in Shallow and Deep water
Construction
Mission Statement of EOSSL

Essar Offshore Subsea Ltd is committed to:
•   Make customers, employees and other
    stakeholders happy by delivering
    value consistently
•   Ensure that services and solutions
    provided by EOSSL are safe, cost
    effective and environment friendly
•   Fast track growth in the Shallow &
    Deep water Construction space, across
    the globe
What is Negotiation




  Negotiation involves the art and science of drawing
  up deals that create lasting value.
                                                     David A. Lax and James K. Sebenius

  Negotiation is the process by which people deal with
  their differences.
                                                                 Harvard Business School.


  The virtue of efficient Negotiation is that you don’t leave money on the table… how you split
  the money is up to you and your counterpart.
Essar Essentials- From being to becoming

 1. Entrepreneurial Orientation
 2. Project Management
 3. Operational Excellence
 4. Negotiation
     – The ability to leverage interpersonal relationships in the best interest of
       work/organization. This individual always looks for greater efficiencies
       in any business transactions.
     – An individual demonstrating this capability builds rapport with internal
       and external customers; has exhaustive understanding of business
       environment and knows how to leverage this; believes in win-win
       scenarios and relentlessly tries to achieve the same; appreciates working
       relationships and contributes to effective team work across extended
       team.
     – The ability to build strong relationships with both internal and external
       customers and look at every day tasks from service
 5. Customer Focus
 6. Nurturing


                           - Quoted from Section 5.2- Essar’s Corporate Induction Manual
Negotiation




  Let us never negotiate out of fear
  But let us never fear to negotiate
                                     John F Kennedy
Evolution of Negotiation



       1970 to 1985                            Power


       1985 to 2000                            Side by Side
                                               Problem Solving


       2000 to _____                           A Learning
                                               Conversation


             What Tools do you Carry in Your
             Negotiation Toolbox?
Evolution of Negotiation




        Give and Take      Dr. Chester Karrass



        Getting to Yes     Fisher and Ury



        3D Negotiation     Lax and Sebenius
Types of Negotiation


 1. Distributive Negotiation

 2. Integrative Negotiation.

 3. Most negotiations combine elements of both types,
    but for the purposes of understanding, it’s

    important to examine each type in its pure form.
Distributive Negotiation


1. Parties compete over the distribution of a
   fixed sum of value. The key question in a
   distributed negotiation is, “‘Who will claim
   the most value?" A gain by one side is
   made at the expanse of other.
2. The Seller’s goal is to negotiate as high a
   price as possible; the Buyer’s goal is to
   negotiate as low a price as possible.
3. Thus, the deal is confined: there are not
  much opportunities for creativity or for
  enlarging the scope of the negotiation.
Integrative Negotiation

 1. In Integrative Negotiation, parties cooperate to
    achieve maximize benefits by integrating their
    interests into an agreement. This is also known
    as a win-win negotiation.
 2. Integrative negotiations tend to occur in
    following situations:
    – Structuring of complex long-term Strategic
      Relationships, JV or other collaborations
    – When the deal involves many financial and
      non-financial terms
 3. In an integrative negotiation,, there are
    many items and issues to be negotiated,
    and the goal of each side is to “create”
    as much value as possible for itself and
    the other side.
Distributive versus Integrative Negotiations


    Characteristic               Distributive      Integrative
    Outcome                      Win-lose          Win-win
    Motivation                   Individual gain   Joint and individual gain
    Interests                    Opposed           Different but not always
                                                   Opposite
    Relationship                 Short-term        Longer or Short-term
    Issues involved              Single            Multiple
    Ability to make trade-offs   Not Flexible      Flexible
    Solution                     Not creative      Creative
Negotiation Concepts


 1. BATNA (Best Alternative to a Negotiated Agreement): your
    options if you fail to reach agreement during a negotiation.

 2. Reservation Price: the least favorable point at which you’ll
    accept a negotiated deal; the “walk-away” price.

 3. ZOPA (Zone of Possible Agreement): the range in which a
    potential deal can take place; defined by the overlap between
    the parties’ reservation prices.

 4. Value Creation Through Trades: the trading of goods or
    services that have only modest value to their holders but
    exceptional value to the other party.
Type of Negotiation Styles


         High                                                                                                           COLLABORATE
                                      ACCOMODATE                                                                        Problem solved creatively, aiming for
                                                                                                                        win-win
                                      Build friendly relationship                                                       Characteristics:
                                      Characteristics:                                                                  Search for common interests
                                      Promote harmony                                                                   Problem-solving behaviours
                                      Avoid substantive differences                                                     Recognising both parties’ needs
                                      Give into pressure to save              COMPROMISE
                                                                                                                        Synergistic solutions
                                      relationship
           CONCERN FOR RELATIONSHIP




                                                                                                                        Win-win becomes the main purpose
                                      Place relationship above fairness of    Split the difference
                                                                                                                        of the negotiator
                                      the outcomes
                                                                              Characteristics:
                                                                          Meeting half way
                                       AVOID                                                                             DEFEAT
                                                                          Look for trade offs
                                       Take whatever you can get/Inaction
                                                                                                                         Be a winner at any cost/Competitive
                                                                          Accept half-way measures
                                       Characteristics:
                                                                                                                         Characteristics:
                                                                          Aims to reduce conflict rather than problem
                                       Feeling of powerlessness
                                                                          solve synergistically                          Win-Lose competition
                                       Indifference to the result
                                                                                                                         Pressure/Intimidation
                                       Resignation, surrender
                                                                                                                         Adversarial relationships
                                       Take what the other party is willing
                                                                                                                         Defeating the other becomes a goal
                                       to concede
                                                                                                                         for the negotiator
                                       Withdraw & remove = behaviour of
                                       negotiator



                        Low CONCERN FOR SUBSTANCE                                                                                                    High
Negotiation Strategy- Time Factor




                            Percentage Time
     Pre-Negotiation                80%

      Negotiation                   5-10%

      Post-Negotiation              10-15%
Negotiation Strategy


 1.   Best Alternative To a Negotiated Agreement (BATNA).
      • Absolutely essential to know whether to accept alternative
        arrived at through negotiation versus ending negotiation.
      • Must consider other side’s BATNA as well as your own.

 2. Develop your BATNA:
      • Invent a list of actions possible if no agreement.
      • Improve some of ideas from list, create practical alternatives.
      • Select the alternatives that seem best.
Negotiation Strategy ……

 3.   Strengthen your BATNA
      • make BATNA easier, more probable, or better at satisfying
         interest.
      • If you only accept a deal that is better than BATNA, improving
         BATNA leads to better result, either through better agreement
         or going to the BATNA.

 4. Consider their BATNA:
      • Understanding BATNA helps you understand how to make
        agreement easier.
      • Understanding their BATNA allows you to estimate whether
        agreement is possible.

 5.   Reservation Price: Translation of the BATNA into a value at the
      table—the amount at which you are indifferent between reaching a
      deal and walking away to your BATNA. .
Negotiation Strategy ……

 6.   Zone of Possible Agreement (ZOPA):
      The bargaining range created by the two
      Reservation Values. The ZOPA defines a
      “surplus” that must be divided between
      the parties
      • Assess the ZOPA
      • Change the ZOPA
      • Take the ZOPA

                               ZOPA


Min Willingness to Accept                   Max Willingness to Pay
        Seller’s Res. Price                     Buyer’s Res. Price
Strategy-templates
Strategy-templates
Body Language

  Body language plays a critical role in
  communication Accurate interpretation of body
  language     is  required     for    successful
  negotiations. Body language is expressed by:
      Eye and facial expressions
      Arm and hand positions
      Leg and foot positions
      Posture and body position
    As important as it is to accurately interpret
    body language, it’s also important to
    recognize that there are exceptions to every
    rule - body language can help to support, or
    contradict a message, or mean nothing at all.
    For example, the term ‘poker face’ describes
    an individual that has mastered the ability to
    show no emotion regardless of the situation.
Negotiation Process




            Closing    Preparation




          Bargaining   Opening
Preparation


 1.   Define your goals, the other party’s goals, and the conflict.
 2.   Identify the goals you share with the other party.
 3.   Define the things you are willing to trade and their value to the
      other party. Do the same for the other side: what they might offer
      you and how much it is worth to you.
 4.   Anticipate Alternatives to determine how important it is for you to
      reach a settlement.
 5.   Realize that you are no weaker or stronger than the other party. The
      two sides share goals and both sides are willing to trade to attain
      their objectives.
Opening


   Most important opportunity to
   influence the other side
   Active Listening Skills
   – Body Language
   – Intelligent Listening
   Non-negotiable items
   Flexibility
Bargaining


 1. Explore Key Commitments
 2. Summarize Arguments and Seek
   Acceptance
 3. Look for Signals of Possible Movement
 4. Identify and Highlight Common Ground
Bargaining

 1.  Remember: You Win ≠ They Lose
 2.  Negotiate Interests, not Positions
 3.  Focus on what you don’t know… exchange
     information
 4. Explore all the ways in which they can create value
     for you
 5. Find out all the ways in which you can create value
     for them
 6. Add issues
 7. Negotiate multiple issues simultaneously
 8. Exchange information regarding priorities
 9. Trade based on differences of all kinds to create
     value
 10. Search for Post-Settlement Settlements
Closing

   Be Prepared to Concede
   Begin with those of Low Priority and
   seek High Priority Items
   Never Concede on More than possible
   by your Brief
   Use your Concessions Wisely
   Don’t just give these away expect and
   receive something in return
   Look for Contingent Agreement, if
   required
   Never burn the bridge
Thank You




            Q&A

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Negotiation Skills-Pankaj Sinha

  • 1. Negotiation Skills By Pankaj K Sinha Head- Commercial Essar Offshore Subsea Ltd.
  • 2. Vision Statement of EOSSL To be the most preferred solution provider in Shallow and Deep water Construction
  • 3. Mission Statement of EOSSL Essar Offshore Subsea Ltd is committed to: • Make customers, employees and other stakeholders happy by delivering value consistently • Ensure that services and solutions provided by EOSSL are safe, cost effective and environment friendly • Fast track growth in the Shallow & Deep water Construction space, across the globe
  • 4. What is Negotiation Negotiation involves the art and science of drawing up deals that create lasting value. David A. Lax and James K. Sebenius Negotiation is the process by which people deal with their differences. Harvard Business School. The virtue of efficient Negotiation is that you don’t leave money on the table… how you split the money is up to you and your counterpart.
  • 5. Essar Essentials- From being to becoming 1. Entrepreneurial Orientation 2. Project Management 3. Operational Excellence 4. Negotiation – The ability to leverage interpersonal relationships in the best interest of work/organization. This individual always looks for greater efficiencies in any business transactions. – An individual demonstrating this capability builds rapport with internal and external customers; has exhaustive understanding of business environment and knows how to leverage this; believes in win-win scenarios and relentlessly tries to achieve the same; appreciates working relationships and contributes to effective team work across extended team. – The ability to build strong relationships with both internal and external customers and look at every day tasks from service 5. Customer Focus 6. Nurturing - Quoted from Section 5.2- Essar’s Corporate Induction Manual
  • 6. Negotiation Let us never negotiate out of fear But let us never fear to negotiate John F Kennedy
  • 7. Evolution of Negotiation 1970 to 1985 Power 1985 to 2000 Side by Side Problem Solving 2000 to _____ A Learning Conversation What Tools do you Carry in Your Negotiation Toolbox?
  • 8. Evolution of Negotiation Give and Take Dr. Chester Karrass Getting to Yes Fisher and Ury 3D Negotiation Lax and Sebenius
  • 9. Types of Negotiation 1. Distributive Negotiation 2. Integrative Negotiation. 3. Most negotiations combine elements of both types, but for the purposes of understanding, it’s important to examine each type in its pure form.
  • 10. Distributive Negotiation 1. Parties compete over the distribution of a fixed sum of value. The key question in a distributed negotiation is, “‘Who will claim the most value?" A gain by one side is made at the expanse of other. 2. The Seller’s goal is to negotiate as high a price as possible; the Buyer’s goal is to negotiate as low a price as possible. 3. Thus, the deal is confined: there are not much opportunities for creativity or for enlarging the scope of the negotiation.
  • 11. Integrative Negotiation 1. In Integrative Negotiation, parties cooperate to achieve maximize benefits by integrating their interests into an agreement. This is also known as a win-win negotiation. 2. Integrative negotiations tend to occur in following situations: – Structuring of complex long-term Strategic Relationships, JV or other collaborations – When the deal involves many financial and non-financial terms 3. In an integrative negotiation,, there are many items and issues to be negotiated, and the goal of each side is to “create” as much value as possible for itself and the other side.
  • 12. Distributive versus Integrative Negotiations Characteristic Distributive Integrative Outcome Win-lose Win-win Motivation Individual gain Joint and individual gain Interests Opposed Different but not always Opposite Relationship Short-term Longer or Short-term Issues involved Single Multiple Ability to make trade-offs Not Flexible Flexible Solution Not creative Creative
  • 13. Negotiation Concepts 1. BATNA (Best Alternative to a Negotiated Agreement): your options if you fail to reach agreement during a negotiation. 2. Reservation Price: the least favorable point at which you’ll accept a negotiated deal; the “walk-away” price. 3. ZOPA (Zone of Possible Agreement): the range in which a potential deal can take place; defined by the overlap between the parties’ reservation prices. 4. Value Creation Through Trades: the trading of goods or services that have only modest value to their holders but exceptional value to the other party.
  • 14. Type of Negotiation Styles High COLLABORATE ACCOMODATE Problem solved creatively, aiming for win-win Build friendly relationship Characteristics: Characteristics: Search for common interests Promote harmony Problem-solving behaviours Avoid substantive differences Recognising both parties’ needs Give into pressure to save COMPROMISE Synergistic solutions relationship CONCERN FOR RELATIONSHIP Win-win becomes the main purpose Place relationship above fairness of Split the difference of the negotiator the outcomes Characteristics: Meeting half way AVOID DEFEAT Look for trade offs Take whatever you can get/Inaction Be a winner at any cost/Competitive Accept half-way measures Characteristics: Characteristics: Aims to reduce conflict rather than problem Feeling of powerlessness solve synergistically Win-Lose competition Indifference to the result Pressure/Intimidation Resignation, surrender Adversarial relationships Take what the other party is willing Defeating the other becomes a goal to concede for the negotiator Withdraw & remove = behaviour of negotiator Low CONCERN FOR SUBSTANCE High
  • 15. Negotiation Strategy- Time Factor Percentage Time Pre-Negotiation 80% Negotiation 5-10% Post-Negotiation 10-15%
  • 16. Negotiation Strategy 1. Best Alternative To a Negotiated Agreement (BATNA). • Absolutely essential to know whether to accept alternative arrived at through negotiation versus ending negotiation. • Must consider other side’s BATNA as well as your own. 2. Develop your BATNA: • Invent a list of actions possible if no agreement. • Improve some of ideas from list, create practical alternatives. • Select the alternatives that seem best.
  • 17. Negotiation Strategy …… 3. Strengthen your BATNA • make BATNA easier, more probable, or better at satisfying interest. • If you only accept a deal that is better than BATNA, improving BATNA leads to better result, either through better agreement or going to the BATNA. 4. Consider their BATNA: • Understanding BATNA helps you understand how to make agreement easier. • Understanding their BATNA allows you to estimate whether agreement is possible. 5. Reservation Price: Translation of the BATNA into a value at the table—the amount at which you are indifferent between reaching a deal and walking away to your BATNA. .
  • 18. Negotiation Strategy …… 6. Zone of Possible Agreement (ZOPA): The bargaining range created by the two Reservation Values. The ZOPA defines a “surplus” that must be divided between the parties • Assess the ZOPA • Change the ZOPA • Take the ZOPA ZOPA Min Willingness to Accept Max Willingness to Pay Seller’s Res. Price Buyer’s Res. Price
  • 21. Body Language Body language plays a critical role in communication Accurate interpretation of body language is required for successful negotiations. Body language is expressed by: Eye and facial expressions Arm and hand positions Leg and foot positions Posture and body position As important as it is to accurately interpret body language, it’s also important to recognize that there are exceptions to every rule - body language can help to support, or contradict a message, or mean nothing at all. For example, the term ‘poker face’ describes an individual that has mastered the ability to show no emotion regardless of the situation.
  • 22. Negotiation Process Closing Preparation Bargaining Opening
  • 23. Preparation 1. Define your goals, the other party’s goals, and the conflict. 2. Identify the goals you share with the other party. 3. Define the things you are willing to trade and their value to the other party. Do the same for the other side: what they might offer you and how much it is worth to you. 4. Anticipate Alternatives to determine how important it is for you to reach a settlement. 5. Realize that you are no weaker or stronger than the other party. The two sides share goals and both sides are willing to trade to attain their objectives.
  • 24. Opening Most important opportunity to influence the other side Active Listening Skills – Body Language – Intelligent Listening Non-negotiable items Flexibility
  • 25. Bargaining 1. Explore Key Commitments 2. Summarize Arguments and Seek Acceptance 3. Look for Signals of Possible Movement 4. Identify and Highlight Common Ground
  • 26. Bargaining 1. Remember: You Win ≠ They Lose 2. Negotiate Interests, not Positions 3. Focus on what you don’t know… exchange information 4. Explore all the ways in which they can create value for you 5. Find out all the ways in which you can create value for them 6. Add issues 7. Negotiate multiple issues simultaneously 8. Exchange information regarding priorities 9. Trade based on differences of all kinds to create value 10. Search for Post-Settlement Settlements
  • 27. Closing Be Prepared to Concede Begin with those of Low Priority and seek High Priority Items Never Concede on More than possible by your Brief Use your Concessions Wisely Don’t just give these away expect and receive something in return Look for Contingent Agreement, if required Never burn the bridge
  • 28. Thank You Q&A