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Certification in
Dispute Management
ASSIGNMENT - 1

I am in the role of Mukti. I
have to negotiate with Harish.
PRE NEGOTIATION ANALYSIS
•What do you need from this deal – Consider both tangible and intangible
needs or Interest? What does the other party need from this deal.
•Rank your interest in order of priority. Rank the other Party’s interests in
order of priority (using your best estimate of their priorities).
•What issues have to be addressed in order to make a deal?
•What are you willing to pay or give to get the del done? What do you
think the other party is willing to pay or give to get the deal done? What is
your “walk-away price”- the point at which you are indifferent to whether a
negotiation reaches agreement or ends in an impasses?
•Consider all option that could meet your interests. Consider all option that
could the other’s party’s interests.
•Rank the option in terms of how they best meet yours(and the other
party’s) interests and limitations.
•Consider : if you are able to negotiate an agreement, what is your best
alternative (your BATNA)? How likely is that to happen? What would you
have to do to achieve that outcome?
•Consider : if you are able to negotiate an agreement, what is your worst
alternative (your WATNA)? How likely is that to happen? Are you willing
to live with that outcome?
9/23/2015 BY JYOTPREET KAUR 2

Solution : Pre Negotiation Analysis
Being in the role of mukti my major interest is in
1. A greater role in production design for production efficiency
2. An agreement about non interference in my operations
3. An end to backbiting with management
4. Achieving my goals in production(A reasonable production
schedule) so that Mr. Singh will not fire me
5. Company reputation will increase or remain same but not face
any negative remarks by anyway.
6. Achieving above two(Point 4 &5) by utilizing optimum cost.
Harish Needs from this deal are:
1. Produce 250 (200minimum) unit in next Six weeks.
2. Create better framework for communication and cooperation
between my department and muktis department
3. Create a more cooperative stance between opertation team and
R&D department to avoid major bureaucratic struggle.
4. Returns /profit are my concern
5. Sales problem in future may happen
6. Successful transition to newer product to remain in market
•What do you need from this deal – Consider both tangible and
intangible needs or Interest? What does the other party need
from this deal.
•Rank your interest in order of priority. Rank the other Party’s
interests in order of priority (using your best estimate of their
priorities).

•What issues have to be addressed in order to make a deal?
1. To win (i.e, to beat my counter part)
2. To create value
3. To develop the relationship with Harish
4. To get good deal

•1.What are you willing to pay or give to get the deal done? 2.What do
you think the other party is willing to pay or give to get the deal done?
3. What is your “walk-away price”- the point at which you are
indifferent to whether a negotiation reaches agreement or ends in an
impasses?
1. To get the deal done I apply problem solving negotiation theory
 Separate people from problem : Being Mukti I focus on removing all
the flaws in new story book line jungle gym production and gear up its
production despite of the fact that how Harish behave with me during the
period, how he use his position to insist sarika my assistant and how
Harish starting interference in my work.
 Focus On interest not on position : My Primary interest is a greater
role in production design for production efficiency which is achieve only
by cooperation of R&D team with Production Team so problems and
arguments which are occurring in production of “Story book” will not be
repeated in future and this very problem also may solve with help of little
cooperation.
 Consider a Variety of options : Option 1 Harish and his team will made
few changes as per safety codes and that satisfy production quality and I
allow the production of story line products first on alternative day basis
so that definite order of old product and new order of new product will
accomplish on time.
Option 2 Harish refuse to do changes as per safety codes in that case I
refuses cooperation too and we both ended up by loosing our job.
Option 3 : Harish refuses to do the changes as per safety codes but I do
allow him to produce minimum number of unit but in that case harish repeat
the same thing in future and we ended up in arguments again.
 Insist on Outcomes tied to objective Criteria :
The shared search objectives are : Non Interference, co-operation,
Achieving set goals and Personal growth. Harish may not like non
interference and Personal growth but he may be fine with achieving goals by
cooperation(I.E. 150 units of story book line). Harish may not like non
interference point but he demanded cooperation and for me it is totally
opposite so there may be a situation where I demand for greater role during
designing so there may not be any difficulty during production and hence
cooperation and non interference point nullifies.

Solution : Negotiation Strategy
2.What do you think the other party is willing to pay or give to get the deal done?
Harish willing to pay the following options to get the deal done :
Option 1
Non
Interference
agreement in
my operation
Co-operation in
reasonable
production
schedule
Stop Back Biting
Involve
Production team
during evolution
of new product
by R&D
Option 2
For this very
assignment
only I accept
option 1 point 2
i.e. co-
operation in
reasonable
production
schedule once
this problem
solve it may not
occur in future
again so I have
to agree with
other points.
Option 3
Agree with all
the point in
option 1 by
looking afar i.e.
in future this
type of problem
I will not face
with mukti and
hence it is a
solution for one
and all but may
be mukti think I
am week and
that is why
accept option 1
and than new
problem may
arise .

3. What is your “walk-away price”- the point at which you are
indifferent to whether a negotiation reaches agreement or ends in an
impasses?
Option3
Option2
Option4
Option1
1. Compliance
of Safety Codes
for Story line
production.
2. A reasonable
Production
schedule.
3. Greater role
in production
Design with
R&D.
4. Agreement
about non
interference in
my operation.
5. An end to
backbiting with
management
6. Create a
better
framework for
Communication
and
cooperation
between
departments.
7. Create a
more
cooperative
stance between
our department
relationship
with top
management
while proposing
new products
Create 250
Units in the
next six weeks.
1. Compliance
of Safety Codes
for Story line
production.
2. A reasonable
Production
schedule.
3. Greater role
in production
Design with
R&D.
4. Agreement
about non
interference in
my operation.
1. Compliance
of Safety Codes
for Story line
production.
2. A reasonable
Production
schedule to
produce 250
units .
1. Create a
better
framework for
Communication
and
cooperation
between
departments.
2. Create a
more
cooperative
stance between
our department
relationship
with top
management
while proposing
new products
3. Create 250
Units in the
next six weeks.

Option 1: is the option that could meet all my interest as well as Harish Interest
.
Limitation : No limitation as it is an ideal case in which both the parties say yes
to what is required/demanded by other . This case is difficult but not impossible.
Option 2 : Which is beneficial fully to Harish and partially to Mukti.
Limitation : Point two is the one to which Harish agree and all other point seem,
may not relevant to Harish if he is just looking to solve current situation and he
may disagree and there may be a case in which Harish give second thought and
think little afar so that in future such type of problem may not achieve and he
may agree to other point too.
Option 3 : is the point where Mukti impasses to reach an agreement.
Limitation : If Harish Did follow safety codes and than Mukti also agree to
produce 250 units. In this case both the parties get what they want in minimum
agreement with each other.
If safety codes are not followed than Mukti will no made happen to produce 250
units.
Option 4: Which is beneficial fully to Harish and partially to Mukti
Limitation : All the point cover little of what Mukti need or the other way round.
If communication is proper than back biting is less. Is proper framework is
developed and production team and R&D team from initiation than problem like
safety codes application get solved at very early stage and producing 250 units
is the easiest job which seem difficult now.
But all these second thoughts come to Mukti mind or somebody shows her
benefits of long run.
In the end the options are many but one more thing matter this is state of mind
because if a person in his balance state of mind than he/she may concern about
future but if not than may be in hurry all the decision took place.

My Understanding towards
• What is the best outcome I could realistically expect if this negotiation /
mediation were not to result in an agreement? (BATNA)
• What is the worst outcome I could reasonably expect if the negotiation /
mediation were not to result in an agreement? (WATNA)
If I am unable to negotiate an agreement than my best and worst
alternative to negotiate an agreement are :
BATNA
Options if no agreement is reached are:
1. Harish Did not improve on safety and
how many number he able to produce
incurred great cost and may fail to meet
safety hence sell at risk so the company
reputation.
2. As Harish convince Mr. Singh for
production of story lne product may be
with another one talk with Mr. Singh
Harish prioritized story line production
which affect the orders placed already for
older version of products which in turn put
companion cost , reputation at risk as well
as my job too.
Improving some of more ideas and
converting them into practical alternatives
:
1. I commit to Harish production of 250
units but on the other hand he has to
promise to apply the safety codes on
ASAP basis.
2. I do help Harish For making 150 units
which save my job and fulfillment of
already placed orders for older fashioned
product/conventional products but with
the note from Harish that the greater
responsibility and credit id of Harish
whether it is positive or negative.
3. Harish agree to include production
team in future while designing and I help
him producing 250 units with
rescheduling production schedule plus
Harish need to make necessary safety
alteration to story line .
Selecting, tentively, the one alternative that
seems best : 3. Harish agree to include
production team in future while designing
and I help him producing 250 units with
rescheduling production schedule plus
Harish need to make necessary safety
alteration to story line
WATNA
Option of Worst Outcome :
1. Mr. Singh Fired Us both.
2 Mr. Singh Fire Me Only.
3. Mr. Singh Fire Harish Only.
4. Negative impact on profits as
production cost of story line products is
higher in comparison to other and there is
a safety issue too.
5. Company reputation is at cost.
6.Definitive order we are unable to deliver
neither 150 minimum units Produced.
7. Personal relation and cooperation will
never possible in future.
Reasons for above Outcomes are :
1. Harish did not want to made agreement
on anything and want to dominate all and
take all the credits as usual hence no
rescheduling in production and unable to
finish 150 units even.
2. Harish may able to complete
150 units which are minimum set By Mr.
Singh and may be luckily there is no
much issue in Story line safety codes
than Harish will do backbiting and again
my job is at risk .
3. There is a situation when storyline
safety codes really a problem even after
making 150 minimum units but there ay
be huge complaints about the product
than Harish Job is at Risk. Company
reputation destroyed and money go in
vein and in that case considering two last
point Mr. Singh Fire me too
4. If point 2 occur in real than cooperation
from Harish in future is difficult think to get
and his overconfidence which may build
of this luck situation drag towards heavy
possibility/probability of losses in future

I am in the role of Mukti. I
have to negotiate with Harish.
• Settlement Range : What to you consider an acceptable settlement
range? What do you imagine the other party considers an acceptable
range? In light of yours assessment, if you decide to make the first
demand or offer, what will that be ?
•Information : What information are you willing to offer during the
negotiation? Why? What information do you want to protect? Why ?
What information do you want and need from the other party? Why?
•The negotiator : Who should participate in the negotiation? Who
should be on your negotiating team and why ? What authority does
the negotiator (s) have?
•Logistics : Where and when should the negotiation take place ? How
much time will be needed?
•Think about your negotiating strategy : how will you handle the
beginning of the negotiation, what you will do to counter highly
positional or aggressive negotiating behavior, at what point would
you be willing to walk away from the negotiation?
Negotiation Strategy.

• Settlement Range : What to you consider an acceptable settlement
range? What do you imagine the other party considers an acceptable
range? In light of yours assessment, if you decide to make the first
demand or offer, what will that be ?
My Acceptable
Range
•Minimum Range : Safety Codes are applied , 150 Units
Produced as Needed by Mr. Singh and Orders which are
placed previously of other safe product are supplied.
•Maximum Range : Minimum Range + Co-ordination/
Participation offer from Harish While Designing of new
Products + End to backbiting with management + non
Interference in Production operation.
Harish Acceptable
Range
•Minimum Range : 200 Units of Story Line Products in
coming next week
•Maximum Range : Minimum + Creating a Better
Framework for communication between Departments +
Creating more co-operative stance between Mukti and my
relationship to top management about new products
proposal to avoid bureaucratic power struggle
First Demand/Offer
•Safety Codes to be checked and applied wherever lacked
in story line production , 150 Units Produced as Needed
by Mr. Singh and Orders which are placed non
interference of Mr. Harish in Production as it is my
headache to produce 150 unit safely and save Harish as
150 units are produced and with safety which help in
saving company reputation too.

• Information : What information are you willing to offer during the
negotiation? Why? What information do you want to protect? Why ? What
information do you want and need from the other party? Why
What information are
you willing to offer
during the negotiation?
Why?
•What : Reasonable Production schedule is Possible to
produce 150 sets,
•Why : Producing 150 Unit is what is needed by both of us to
save from anger of Mr. Singh and saving our job plus safety is
achieved to easily in this case.
What information do
you want to protect?
Why ?
•What ; 200 sets are able to produce if I run overtime or slow
down production schedule.
•Why : To ensure that Harish Understood the importance of
safety during designing and also the importance of including
Production team member while designing any new product in
future.
What information do
you want and need
from the other party?
Why
•What : Other Party Opinion in resolving issue.
•Why : Because by Co-operating Harish May able to achieve in
todays condition but if somehow the same situation occur in
future is he ready to cooperate again because may be with the
time passing his position become stronger than mine.

• The negotiator : Who
should participate in the
negotiation? Who
should be on your
negotiating team and
why ? What authority
does the negotiator (s)
have?
•One who believe in and ready to do compromise : Successful negotiation
require compromise from both the side. Both parties gain something and both
the parties loose something.
•One who is technically , legally and ethically sound to act as a catalyst in
resolving the conflict.
Who should participate in the negotiation?
• Negotiating team frequently sabotage their own efforts : Even though everyone
is technically on the same side each member has different priorities and
imagines different ideal outcomes.
•To negotiate with another party successfully, a team must first negotiate
internally to align its member’s interest and develop a disciplined bargaining
strategy.
•By uncovering conflicting interest, the teams can determine which trades-off to
make, Tactics like role playing instill discipline and reduce the risk of serious
gaffe at the table.
•In crux in my negotiating team the person who represents my interest is in.
Who should be on your negotiating team and why ?
•Negotiator(s) must have that much authority than he/she able to resolve a
dispute.
What authority does the negotiator (s) have?

•Logistics : Where and when should the negotiation take place ? How
much time will be needed?
• The choice of the venue in which to host negotiation is very
important, and as a negotiator I should consult mediator
for this.
• The seating order at a table is also important and it is also
organized by the mediator.
Where should the negotiation take place?
• Negotiation can take place any time before going to court.,
instead of going to court, or even after a court case has
started.
When should the negotiation take place?
• There are four phases of Negotiation
• 1 Planning and preparation .
• 2. Sharing and Discussion.
• 3. Bargaining and haggling.
• 4. Closure and Commitment .
• The time taken by completing these four phases Is the time
taken for negotiation
• As long the offer is acceptable, the other side will continue
the negotiations in hopes of settling a better option.
How much time will be needed for
negotiation?

Think about your negotiating strategy : how will you handle the
beginning of the negotiation, what you will do to counter highly positional or
aggressive negotiating behavior, at what point would you be willing to walk
away from the negotiation?
Prepare Before Beginning Negotiation :
1. Research the Other Party
2. Consider Your Alternatives
3. Unbundle the Items to Be Negotiated
4. Anticipate the Other Party's Wants and Needs
5. Establish Your Bargaining Range
6. Identify Your Leveraging Points and What You Can Give Up
7. Identify the Decision Maker
Now that I have done my homework. Here are some
techniques to help proceed in Negotiation with the other
party.
1. Convey Confidence, Not Cockiness :
2. Set the Stage for Agreement
3. Do Not Put Off Bringing Up the Elephant in the Room
4. Ask Open-Ended Questions
5. Listen and Restate Comments
6. Watch for Nonverbal Cues
7. Stay Cool and Depersonalize Disagreements
8. Separate Discussion of Problems From Exploration of
Solutions
9. Do Not Compare Offer
10.Don't Issue an Ultimatum
11.Use Deferment As a Trade-Off
12.Use Your Leverage
13.Bring Materials That Supports Your Position
14.Beware of a Stall: Reach Closure

Think about your
negotiating strategy :
how will you handle the
beginning of the
negotiation, what you
will do to counter
highly positional or
aggressive
negotiating behavior,
at what point would
you be willing to walk
away from the
negotiation?
Aggressive Negotiation
Negotiator uses aggressive tactics such as emotion and anger instead of
legitimate negotiation skills. They overwhelm the other party with
pressure and push the other party to give in to their demands.
Aggressive negotiators are easily handled. In most cases, all you have to
do is catch them at their game and point it out to them. This means that
you need to be aware of and watching for their tactics; seldom is the
aggressive subtle, so this is usually not a problem.
The harder part is stepping up and confronting the behavior. Most often it
is as simple as saying something like, "Give me a break. You don't
expect me to fall for that do you?" Or, you can be more subtle and say,
"Excuse me, can you repeat that? I must have not heard you correctly."
The typical reaction when the aggressive negotiator is caught is to back
off. Just pointing out the behavior is enough to stop the aggressive
negotiator in his or her tracks. Don't tolerate this behavior-no more
bullies/aggression on the playground.
Positional bargaining tends to be the first strategy people adopt when
entering a negotiation. This is often problematic, because as the
negotiation advances, the negotiators become more and more committed
to their positions, continually restating and defending them. A strong
commitment to defending a position usually leads to a lack of attention to
both parties' underlying interests. Therefore, any agreement that is
reached will "probably reflect a mechanical splitting of the difference
between final positions rather than a solution carefully crafted to meet the
legitimate interests of the parties.
Know when to Walk Away
If the deal cannot be obtained without violating your prior walk-away
decision, then walk-away, but just walk. Clearly express your position
and reasons, then leave courteously, letting the other party know that you
mean what you say, but are still leaving the door open for them to reopen
the discussion after conceding to your walk-away issue(s). Never, never
re-evaluate your "walk-away" position while sitting at the table, the whole
reason for developing "walk-away" positions well ahead of the
negotiation, was to prevent being pressured into giving up ground on
these critical issues an inch at a time. This is an instance where unless
the other party reconsiders, you will be far better served strategically in
the future by building a new relationship or looking for another way of
accomplishing your goal, despite the momentary discomfort. Face the
fact today that the relationship is no longer mutually beneficial and move
on.

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Assignment 1 - Certification in Dispute Management

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Assignment 1 - Certification in Dispute Management