Preparetation Day
On day 1 of Intensive Business Negotiation Skill Training By Hari Kumar Silwal, basic definition of negotiation was discussed.
Negotiation Steps
1. preparation and planning
2. definition of ground rules
3. clarification and justification
4. bargaining and problem solving
5. closure and implementation
Things for Negotiation
1. subject
2. two or more parties
3. differences (subject detail/Term & conditions), both parties should appreciate the difference
4. limited resources
5. solves differences mutually
Negotiation Role
1. self
2. Assistant
3. Consultant
Negotiation is a combination of Science (Process) and Art (Creativity).
how to resolve disputes.
1. Traditional Way (what we have been doing for long time. eg: HR, Court, CDO etc)
2. Alternative method
There are about 20 types, 5 main types and within that 3 are mostly used.
Types of alternative dispute resolution methods (ADR)
1. Mediation
2. Arbitration
3. Negotiation
4. Conciliation
5. Mini Trial
4 types of conflict
1. Intrapersonal (psychologist will help to resolve this type of conflicts)
2. Intragroup
3. Interpersonal
4. Intergroup
conflict of type 2,3,4 is resolved via negotiation.
2 types of negotiation
1. integrative (relationship-based, collaborator, synergy, demand)
2. distributive (get ownself higher value, result-based)
deal implementation
ICE (Intension, Capacity, Environment)
Information type
Self, partners, environment
Knowledge
Financial, Technical, Legal
ARCC OLI
1. Alternative
2. Relationship
3. Communication
4. Commitment
5. Option
6. Legitimacy
7. Interest
Arbitration
based on Arbitration Act - country must make decision awards
UNCITRAN (UN Law)
Odd numbers (1, 3 or 5)
1. p1 (party 1), p2, the arbitrator
2. p1, p2, a1, a2, a3
Arbitrator - highly paid job
dispute resolution method on contract
- court
- arbitration
Multinational contract
- which countries law to use
- which countries court to use
- venue
- arbitrator type (kahako rakhne)
FDI Problem
due to arbitration (court will assign one arbitrator if we don't name one)
different country, different law might be one of the challenges to resolve a dispute
best: Nepal law, Singapour court, Nepal land
Meditator -> recommendation (on mutual understanding, ref by court)
Arbitration -> award (executed by court and questioned only if it is done by misinterpretation of law, full and final)
in USA -> go to mediation first then come to court
homework
1. alternatives vs options
2. which one is a bad deal? l/l vs l/w
3. explain BATNA (Best Alternative to a negotiation agreement), reservation price and ZOPA (zone of possible agreement)
4. integrative vs distributive
5. traditional vs alternative negotiation techniques
6. power type and tactics
On day 1 of Intensive Business Negotiation Skill Training By Hari Kumar Silwal, basic definition of negotiation was discussed.
Negotiation Steps
1. preparation and planning
2. definition of ground rules
3. clarification and justification
4. bargaining and problem solving
5. closure and implementation
Things for Negotiation
1. subject
2. two or more parties
3. differences (subject detail/Term & conditions), both parties should appreciate the difference
4. limited resources
5. solves differences mutually
Negotiation Role
1. self
2. Assistant
3. Consultant
Negotiation is a combination of Science (Process) and Art (Creativity).
how to resolve disputes.
1. Traditional Way (what we have been doing for long time. eg: HR, Court, CDO etc)
2. Alternative method
There are about 20 types, 5 main types and within that 3 are mostly used.
Types of alternative dispute resolution methods (ADR)
1. Mediation
2. Arbitration
3. Negotiation
4. Conciliation
5. Mini Trial
4 types of conflict
1. Intrapersonal (psychologist will help to resolve this type of conflicts)
2. Intragroup
3. Interpersonal
4. Intergroup
conflict of type 2,3,4 is resolved via negotiation.
2 types of negotiation
1. integrative (relationship-based, collaborator, synergy, demand)
2. distributive (get ownself higher value, result-based)
deal implementation
ICE (Intension, Capacity, Environment)
Information type
Self, partners, environment
Knowledge
Financial, Technical, Legal
ARCC OLI
1. Alternative
2. Relationship
3. Communication
4. Commitment
5. Option
6. Legitimacy
7. Interest
Arbitration
based on Arbitration Act - country must make decision awards
UNCITRAN (UN Law)
Odd numbers (1, 3 or 5)
1. p1 (party 1), p2, the arbitrator
2. p1, p2, a1, a2, a3
Arbitrator - highly paid job
dispute resolution method on contract
- court
- arbitration
Multinational contract
- which countries law to use
- which countries court to use
- venue
- arbitrator type (kahako rakhne)
FDI Problem
due to arbitration (court will assign one arbitrator if we don't name one)
different country, different law might be one of the challenges to resolve a dispute
best: Nepal law, Singapour court, Nepal land
Meditator -> recommendation (on mutual understanding, ref by court)
Arbitration -> award (executed by court and questioned only if it is done by misinterpretation of law, full and final)
in USA -> go to mediation first then come to court
homework
1. alternatives vs options
2. which one is a bad deal? l/l vs l/w
3. explain BATNA (Best Alternative to a negotiation agreement), reservation price and ZOPA (zone of possible agreement)
4. integrative vs distributive
5. traditional vs alternative negotiation techniques
6. power type and tactics
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