Todos negociamos diariamente. A nivel personal, negociamos con amigos, familia, propietarios, vendedores de autos y empleadores, entre otros. La negociación también es la clave del éxito comercial. Ninguna empresa puede sobrevivir sin contratos rentables. Dentro de una empresa, las habilidades de negociación lo pueden llevar a avanzar en su carrera. En este curso, aprenderá y practicará los cuatro pasos necesarios para lograr una negociación exitosa, con un módulo para cada paso: (1) Preparación: Planifique su estrategia de negociación (2) Negociación: Use las tácticas claves para el éxito (3) Cierre: Cree un contrato (4) Cumplimiento y evaluación: El juego final Para completar exitosamente este curso y mejorar su capacidad de negociar, deberá completar los tres pasos siguientes: (1) Mire los videos breves (que van de 5 a 20 minutos) de cada módulo. Los videos son interactivos e incluyen preguntas para evaluar su entendimiento de las estrategias y habilidades de negociación. Los videos se pueden acelerar o ralentizar para adaptarse al ritmo que prefiera escucharlos. Según sus horarios, puede ver los videos en unas semanas o verlos todos juntos. Un estudiante que vio el curso de una sola vez concluyó que "es tan bueno como Breaking Bad". (2) Complete la negociación del Módulo 6 para evaluar sus capacidad de negociación. Puede negociar con un amigo local o usar los Debates para encontrar un socio de otra parte del mundo. Su socio de negociación le brindará una devolución sobre sus capacidad de negociación. En el camino, puede resultarle útil utilizar esta aplicación móvil gratuita que está relacionada con el curso y contiene varias herramientas de planificación de la negociación. http://negotiationplanner.com/ (3) Tome el examen final. Para completar el curso exitosamente, debe responder correctamente el 80 % de las preguntas. Este examen es un examen de dominio, lo que significa que puede tomarlo las veces que quiera hasta que domine el material. Además, este curso incluye la opción de obtener un Certificado verificado (CV) a través de la verificación de su identidad y la finalización exitosa del curso. Un CV le proporciona un reconocimiento formal de sus logros en el curso e incluye el logo de la Universidad de Michigan. Si usted está considerando obtener un CV, debe completar el proceso de verificación antes de tomar el examen final. Puede elegir pagar los cargos asociados antes o después del examen. Para obtener más información acerca de los CV, visite: learner.coursera.help/hc/en-us/articles/201212399-Verified-Certificates El logo compuesto del curso se comparte con una licencia Creative Commons CC BY-SA (https://creativecommons.org/licenses/by-sa/2.0/) y fue creado con las imágenes proporcionadas por cortesía de Flazingo Photos (http://bit.ly/1zOylRm) y K2 Space (https://www.flickr.com/photos/k2space/14257556613/in/set-72157644732478432). This is a translated version. To join the original English version, visit this page: https://www.coursera.org/learn/negotiation-skills/
¿Una negociación para realizar un trato o de resolución de conflictos?
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Del curso dictado por University of Michigan
Negociación exitosa: Estrategias y habilidades esenciales (en español)
694 calificaciones
University of Michigan
694 calificaciones
De la lección
Preparación: Planifique su estrategia de negociación
Este módulo se enfoca en el primer paso del proceso de negociación: la planificación de la negociación. Un componente fundamental que aprenderá es cómo completar un análisis de negociación para prepararse para el éxito.
Conoce a los instructores
George SiedelWilliamson Family Professor of Business Administration and Thurnau Professor of Business Law
We now continue with our look at preparing for negotiation by asking the question, is
this a dispute resolution type negotiation or a deal making type negotiation?
So in other words, once you've decided to go down the path of yes,
you're going to negotiate, it's important to step back and
ask, am I negotiating the resolution of a dispute, or am I making a deal?
A while ago there was an article published by Frank Sander and Jeff Rubin
called The Janus Quality of Negotiations, which gave a very clear perspective on
the difference between dispute resolution negotiation and deal making negotiation.
Frank Sander by the way, was one of the fathers of alternative dispute resolution,
ADR, which we're gonna be talking about in a few minutes.
He's a friend of man who teaches at the Harvard Law School, in fact,
he invited me to teach for a week in his course once, and
is a true pioneer in the field of dispute resolution.
And Frank and Jeff in their article clearly noted
that when you're making a deal you tend to be forward looking.
It's the face of the Roman God Janus that's looking to the future.
You're forward looking, you tend to be focused on interest of the parties, or
at least you should be, and on problem solving.
Whereas if you're the face of the god Janus looking toward the past and
trying to resolve a dispute, you're looking backward, you're more positional
and the negotiations tend to be more adversarial.
So it's very important from the outset to think about this distinction.
However, even when you're dealing with a dispute resolution negotiation,
you should be thinking, how can I focus on the interest of the parties to make
a larger pie to develop a solution that benefits both sides.
For example, in my course in Ann Arbor at the University of Michigan,
I give my students a scenario involving a real life conflict between a software
company and a licensee who had acquired a license to some of the company's
software and then tried to develop the software and sell it on their own.
So basically it was an intellectual property dispute,
and a very contentious dispute.
Well, what many students discovered in wrestling with this dispute
is that actually there was an opportunity for the licensee and the software company
to form a joint venture which was beneficial to both sides.
And so even though you're in the dispute resolution side,
try to think of opportunities for an interest-based negotiation.
Now if you are on the dispute side, you're trying to resell the dispute,
there are a number of processes that you can use
in addition to negotiation for resolving the dispute.
Let's take a look at some of these processes.
Here's an example of a recent dispute at my university.
Students in my university love basketball, and when there's an important game
they will wait in line for many hours to try to obtain tickets.
And so recently, on February morning, a line of students developed.
They began forming the line at 4 AM in the morning on a very cold morning.
Around 7 AM another line of students developed, and
there was an argument as to which line was in the right place, and
students who arrived at 7 argued that the students
waiting since 4 had to go to the back of the other line.
And this lead to a big dispute, they had to call in university police.
Here's the basic scenario, 4 AM the students began forming the line,
7 AM other students formed a second line.
And my question to you is, when we have this type of dispute,
what processes do we as human beings use to resolve this type of dispute?
Please hit pause, think about this for a second and
write down a list of processes that might be possible for
resolving this dispute or any dispute, any personal dispute or any business dispute.
I'll give you a hint, there are six main processes.
Try to see if you can come up with at least five of those six.
So hit pause, and then we'll continue.
Here is a spectrum showing the six main processes.
You can start in the right hand side, avoidance.
One line of students might simply say to the other line of students, okay, you win.
We're not gonna challenge you, we'll move to the back of your line.
That's avoidance.
A second, of course, is negotiation.
Which is used for both deal making and dispute resolution.
A third process is mediation,
which involves bringing in a third party to mediate the dispute.
A mediation is a negotiation, but it is a negotiation assisted by a third party.
A fourth possibility is arbitration.
Bring in a third party, but in this case the third party has the right
to decide the dispute, which is also true of litigation.
So, arbitration and litigation are very similar, and later in this course,
we're gonna look at them in more detail, especially arbitration.
I'll show you a video clip of an arbitration but
for now, think about arbitration as simply a private form of litigation.
And then finally we've got the power option.
The students could began fighting with each other, pushing back and
forth to determine who would be at the head of the line.
In this particular case what happened is that
they used a combination of mediation and arbitration.
First of all the police came in, and as arbitrators ordered the students
from one line, the students waiting since 4:00, to the back of the other line.
Then a representative of the athletic department came out and
acted as a mediator trying to mediate a resolution and
actually came up with some additional tickets to satisfy both sides.
And then the following day the students met
in a negotiation to try to prevent this from happening again.
So they actually used three processes in resolving this dispute.
Now, you can look at these dispute resolution processes
through a variety of lenses.
Let's take a look at three of those lenses.
The first of which is called Alternative Dispute Resolution, or shorthand is ADR.
Several years ago people in business began
to become concerned about the high cost of litigation.
And they started to ask this question,
why is it that when we're involved in a business dispute,
we outsource the dispute to lawyers and to the legal system?
We have the business skills to resolve disputes,
why aren't we using those skills?
And so they started to develop alternatives to litigation.
I remembered when this happened in the mid 80s because
the CEO of a large corporation called City Core
called in a group of us from ten leading business schools for lunch.
We had a long lunch and a long meeting And at the meeting, his name was
Walter Wriston, at the meeting Mr. Wriston basically challenged us.
He said, why aren't you teaching ADR in business schools?
Litigation is costly, in terms of time and money to businesses,
you should be teaching future business leaders how to use ADR, and
the ten of us went back to our campuses and
we began developing course on negotiation and dispute resolution.
So my question for you is, look at this spectrum,
which of these processes would you call alternatives to litigation?
Litigation is the enemy, which are alternatives?
Write down your answer.
And the alternatives you should have written down are arbitration,
mediation, and negotiation.
And we're going to explore these later in the course.
And I'm going to give you some tools that you can use for
avoiding litigation later on.
A second lens that you can use in looking at the spectrum of processes is
this so-called Third Party Lens.
When you read the newspaper,
often you'll read that a business was involved in a dispute or
a litigation and they used a third party process to resolve the dispute.
Which of these processes would you call third party processes?
Please write down your answer.
And you should have written down based on our earlier discussion litigation,
the third party as a judge.
Arbitration, which involves bringing in an arbitrator, and mediation, which
is assisted negotiation where a mediator helps the parties resolve the dispute.
Now thinking about these third party processes
you can think about your external disputes,
your disputes with other parties, where you bring in the third parties.
But, there are also internal third party processes.
Where you as a manager, or as a leader in a company will play
the role of an arbitrator or a mediator in resolving a dispute.
And so later when we look at a film clip of a mediation
you will see some techniques and tools that you can use as a business leader for
resolving disputes within your company.
The third lens I'd like to look at is an academic lens called Power Rights and
Interests, academics love this framework.
Of course, power is obvious, but which of these processes
relate to rights, that is to determining who's right and wrong?
And which of these processes relate to finding the underlying interests of
the parties and trying to build something that benefits both sides.
Think about that for a second, write down your answer.
Which of these processes are rights oriented, and
which of these processes are interest oriented?
And what you should have written down is that
the rights processes are litigation and arbitration, where the judge or
arbitrator decides who's right or wrong, usually based on a legal rule.
The interest option are mediation and negotiation.
Again, mediation is simply a form of negotiation assisted by a third party.
Now even though this is an academic construct power, rights, and interests,
I personally think it's a very practical tool for
giving you options when you are faced with a dispute.
And in fact, some companies use this as a tool, here's an example.
I won't identify the company, but it's from an internal company document, and
I paraphrase, but what they say in the document,
if you are involved in a dispute involving our company, here are your choices.
First of all, you can use a power option.
You can force the other side to do what we want.
Let's say we're in an argument with a supplier, we're powerful and regardless
of whether we're right or wrong, we can force them to do what we want.
Second, we can try a rights options.
We can go to a judge or arbitrator who will decide who is right or wrong.
Third we can use avoidance.
We can withdraw from the dispute, let them have what they want.
Let's say we're in a dispute with a key customer and we don't want to lose
the customer, even though we're sure we're right, we'll let them have what they want.
And finally, there's the interests option.
Try to negotiate an agreement based on our needs.
So, those are the three lenses, now there's an additional,
final perspective for looking at this spectrum, and that is,
can these processes be used for deal making instead of dispute resolution?
All of the processes can be used for resolving disputes, but
what if you're doing a deal?
Traditionally with deal making, the focus is on
negotiation whereas the other processes relate to dispute resolution.
However, there has been a major change over the last decade
where some of these processes such as arbitration and
mediation are used for deal making as well as for dispute resolution.
And I'll give you some detailed examples later in the course.
But for the time being, here's a quick example.
A few years ago, I was teaching a negotiation course in Hong Kong and
one of the participants came up to me during a coffee break and
he said, that he was a negotiation consultant.
He was working with a large power company in Hong Kong and
that he was negotiating, and let me get the exact number here.
He's trying to negotiate a contract that is worth $10 billion,
that would run over 25 years, the power company wanted to purchase gas, basically.
And they had negotiated for months, and they were stalled,
they were not making any progress.
And so he wanted my advice on how to move things forward.
Now I'm thinking to myself, now let me get this straight, you're a negotiation
consultant, you're a professional consultant, you've been working on this
for months and you want me to solve this problem during a 15 minute coffee break?
That was my first thought, which I didn't say to the other person.
But then I started to ask this person a couple of questions
that I'm sure you would ask, especially after you finish this course.
Number one, have you completed all of your fact-finding, have you presented all
possible facts to the other side that might change their perspective?
They said yes, we've completely explored facts.
Okay, I said second, have you explored all of your BATNA options,
now that's not gonna mean anything to you right now, but it will shortly.
BATNA is a critical concept.
And his basic answer was,
yes we have thoroughly looked at all BATNA possibilities.
So I was running out of questions, but then I asked a final question,
have you thought about bringing in a third party, an arbitrator, or
a mediator to help you with the more difficult aspects of this negotiation?
And at that point the light went on, he had not thought about using arbitration or
mediation for deal making as opposed to dispute resolutions and
he left with that take away idea.
So we're gonna get into this in more detail later but
think of these two processes arbitration and mediation as useful not only for
deal making, but also for dispute resolution.
So in conclusion, when you think about the distinctions
between dispute resolution and deal making, I encourage you to search for
interests even when you're in a dispute resolution negotiation.
It's important to understand the six types of dispute resolution.
And the three lenses that you can use for looking at these types, the ADR lens,
the third party processes lens, and the power, rights, and interests lens.
And finally, consider using dispute resolution processes for
deal making, such as mediation and arbitration.
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