Provisionally Approved 6/18/02
NEGOTIATION
Level II
RATIONALE:
Students seeking to advocate effectively should be capable of negotiating
in various settings. They must learn the essential principles and skills,
as well as understand the conventions that shape formal and informal negotiations.
Additionally, students should understand power relations and their effects
on the negotiation. At its simplest, negotiation is a process in which two
or more parties are in conflict with one another and/or each have something
wanted by the other(s). Each side seeks to meet its own needs and is dependent
on the other to do so. The parties enter into negotiation so as to reach
an agreement with sufficient benefits to all sides. Parties are motivated
to maximize their gains and to minimize their losses. At the same time, the
parties may strive to enhance their relationship during the negotiation process
in anticipation of future dealings.
Negotiation occurs in a changing context, one in which societal forces and
institutions may strengthen the position of one party and not that of the
other. Consequently, practitioners prepare for negotiations with an eye to
social, political, and economic trends and relations. They also calculate
the costs and benefits of not reaching agreement in order to (1) assess the
merits of the other party's proposals, (2) to hold firm to their bottom line,
and, if necessary, (3) to withdraw rather than agree to unsatisfactory terms.Students
who become adept negotiators will learn to weigh their needs and interests
(and those of their clients) against the needs and interests of others.
They will also be capable of identifying the forces that determine the outcomes
of advocacy. And they will avoid more formal, lengthy, or costly ways of
resolving differences.
COMPETENCY: Can prepare for, conduct, and evaluate a negotiation. Can
also assess the strengths and weaknesses of her/his performance.
CRITERIA:
1. Identify and describe the principles and elements of effective negotiation.
2. Prepare for negotiation by identifying, describing, and comparing:
a. Each party's goals and interests at the start of the negotiation
b. Each party's leverage over the other
c. Environmental and/or institutional factors relevant to the negotiation and their implications for each party's strategy
d. Special constraints limiting each party.
3. Formulate a negotiation strategy that identifies:
a. Your settlement range, best alternative to a negotiated agreement, and concession-making strategy
b. The opponent's probable settlement range, best alternative to a negotiated agreement, and concession-making strategy
c. Information which the student will conceal from and share with the opponent
d. Information which the student wants to obtain from or learn about the opponent
e. Your opening position and subsequent proposals
f. Your explanations for shifts from one bargaining position to another during the course of the negotiation
g. The intra-party negotiations that may or may not be a prerequisite to coming to agreement with the other party.
4. Implement the strategy.
5. Assess the effectiveness of your planning and strategic decision-making once the negotiation is completed.
Portfolio Links: You may demonstrate writing proficiency
for Communications Portfolio II by submitting a written summary and interpretation
of readings completed in conformance with Criterion 1. You are expected to
use the Level 2 Communications Portfolio writing standards as guidelines for
any writing product prepared for Criterion 1. At a minimum, writing should
demonstrate Level I Communications Portfolio standards. If you use computer
software to prepare for negotiation per the requirements of Criterion 3, you
may submit documentation for evaluation of Level II computer skills. You
are expected to use Level II standards as guidelines for any product submitted
for evaluation.
STANDARDS:
1. The discussion in Criterion 1 must demonstrate general understanding of literature that addresses the principles and practice of effective negotiation discussed in a minimum of three readings, to be selected with the evaluator.
2. The student should consult the evaluator before selecting a negotiation for analysis per the requirements of Criterion 2. The negotiation must be one:
a. Which the student actually conducts or conducted previously
b. Of at least two hours duration
c. In which each side has/had leverage over the other and in which each side has/had something wanted by the other
d. In which the student represents or represented the interests of another party.
3. For Criterion 3, the student must present her/his negotiating proposals in their most effective form and identify strategies that advance each.
4. For Criterion 4, independent verification must be provided that the implementation has actually taken place.
5. For Criterion 5, the student's assessment of her/his performance and bargaining strategy must clearly demonstrate an understanding of each party's goals, interests, leverage, and limitations in the negotiation. As a basis for this assessment, the student will identify a published work of negotiation that purports to describe good negotiating, have the evaluator approve that work, and then complete the assessment using performance benchmarks set out in the publication. The student may present an oral report after first developing a one-page outline, or s/he may write a narrative.
EXAMPLES OF DEMONSTRATION:
1. Prior Learning: Provide evidence of a negotiation conducted by the student. In addition, the student will complete a worksheet provided by the evaluator so as to analyze her/his goals, interests, leverage, and limitations, as well as those of the other party. In addition, s/he will present either an oral presentation or submit a written report on her/his reasons for conducting the negotiation as they did and their assessment of their performance, to be grounded in reading selected by the evaluator. If and when necessary the evaluator will interview an individual capable of commenting on the student's effectiveness as a negotiator.
2. Independent Learning: Prepare for and conduct a negotiation to be witnessed by the evaluator or to be videotaped for evaluation. In addition, s/he will present either an oral presentation or submit a written report on her/his reasons for conducting the negotiation as they did and their assessment of their performance, to be grounded in reading selected by the evaluator. If and when necessary the evaluator will interview an individual capable of commenting on the student's effectiveness as a negotiator.
3. Course: Complete a CPCS course.
4. Field Project: A student working with a tenants group in a collaborative project assists an attorney in preparing and conducting a mock negotiation with the landlord. The student actively participates in the mock negotiations and writes an appropriate analysis.