Common Confusion about the Negotiation Process

The process of negotiation often is confused with other decision-making process such as litigation. Many people have a perception of how the litigation process works, and they conduct themselves in the negotiating process much like they believe people should conduct themselves in the litigation process. As а result, they are far too adversarial and argumentative, thereby creating unnecessary problems for themselves.

The second confusion is the belief that the essence of negotiation is extremely complex when in reality the essence is quite simple and very human. The negotiation process provides the parties or disputants an opportunity for parties to exchange promises and commitments through which they will resolve their differences and reach an agreement. Trust is key to the success of any negotiation. Groups and individuals will not exchange promises or commitments that they really expect to see fulfilled with groups or individuals they do not trust. When trust is low, communication is low. When communication is low, mutual education cannot take place, and education is the most constructive thing that can take place in any negotiation.

The third confusion is the idea that negotiation is а simple process. People believe that all you do is sit there, and if you are not the spokesperson, you take а few notes, make а few comments, and caucus, and the negotiations somehow go forward.

The described position has been expanded (and then checked) successfully from bilateral relationships (commercial transactions, labor-management relationships) to trilateral relationships (as in partnerships with three principals) to multilateral relationships (environmental, community and international disputes) and expanded further tо include various neutral third-party involvement, such as conciliation, mediation, fact-finding, and arbitration.

1. What is the difference between litigation process and negotiation? Is it crucial?

2. What is the essence of the negotiation?

3. Do you believe negotiation is а simple or very complex process? Prove your position.

4. How and where could the position mentioned by the author be applied?

5. Do you consider mastering the negotiation (bargaining) to be important for your future profession and why? Is it true for any field of activity.

EXERCISE 4. Train your thinking and communicating.

Translate one of the passages out of the text from English into Russian using your dictionary in written form. Discuss current economic or political actions of the state officials or business leaders in solving complex problems in terms of given rules.

Rules of thumb – практические правила

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