What is a negotiation theory

• Negotiation is a method by which people settle differences. It is a process by which compromise or agreement is reached while avoiding argument and dispute.
• In any disagreement, individuals understandably aim to achieve the best possible outcome for their position (or perhaps an organization they represent). However, the principles of fairness, seeking mutual benefit and maintaining a relationship are the keys to a successful outcome.

Conditions of negotiation theory

• Certain conditions must be met before the tenets of negotiation theory can be applied:
  
  • First, it is presumed that all parties involved in negotiations are rational and of average intelligence.
  • It is also presumed that these parties actually wish eventually to reach an agreement and will actively work toward that end.
  • Finally, it is generally presumed that each individual is working to achieve the best possible outcome for his or her own interests.

Specific forms of negotiation are used in many situations: international affairs, the legal system, government, industrial disputes or domestic relationships as examples. However, general negotiation skills can be learned and applied in a wide range of activities. Negotiation skills can be of great benefit in resolving any differences that arise between you and others.

Stages of Negotiation

In order to achieve a desirable outcome, it may be useful to follow a structured approach to negotiation. For example, in a work situation a meeting may need to be arranged in which all parties involved can come together.

The process of negotiation includes the following stages:

1. Preparation
2. Discussion
3. Clarification of goals
4. Negotiate towards a Win-Win outcome
5. Agreement
6. Implementation of a course of action

1. Preparation:
   
   • Preparation in negotiation basically means to prepare before time what all important points you are going to say for like, when an important negotiation is looming to ignore it or wing it off is often not the answer to the questions asked.
   • The best negotiators according to a study are the ones who are engaged in the negotiation preparation throughout the preparation process.
   • That's what exactly means taking plenty of time to analyze the process and also to take time in your positions, and to let them that is the other side to think their best wants and alternatives.
   • Also, before taking any kind of negotiation a decision should be taken as to who will be taking the meetings, when are the meetings going to take place and where in the meeting the all the problems will be discussed.
   • Also, time should be set like there should be certain kind of time-limit which is to be set where the preparation of the negotiating process will start.
   • Regarding to a particular organization there can be certain rules of the organization or kind of policies which is to be followed or obeyed accordingly.
   • Undertaking, this preparation for negotiation will help avoid the disputes and conflicts that had arose in the disagreement.
   • Preparation will help to save time and not just wasting it unnecessarily before the agreement starts.
      
2. Discussion
   
   • During this stage, individuals or members of each side put forward the case as they see it, i.e., their understanding of the situation
   • Key skills during this stage include questioning, listening and clarifying.
   • Questioning over here will automatically will help clear the doubts of the person asking it and also the person who is heading the process or the one who is speaking on the other side will get to know the what kinds of questions and doubts the other person has.
   • Listening on the contrary, is one of the most important things while any meeting is held because this is how you get so many information's and get to know more about the points on the topic in any argument.
   • Clarification, is also of greater importance when talking about the negotiation and the meetings held in here.
   • Because it works on both of the sides, that is, the one who asks questions regarding the meeting, after getting an appropriate answer back to it the person's viewpoint and thought process that is the mind gets clarified.
   • And the person who clarifies it gets to know more about the question being asked and also the viewpoint of others and what they think.
      
3. Clarifying Goals
   
   • From the discussion, the goals, interests and viewpoints of both sides of the disagreement need to be clarified.
   • It is helpful to list these factors in order of priority. Through this clarification it is often possible to identify or establish some common ground. Clarification is an essential part of the negotiation process, without it misunderstandings are likely to occur which may cause problems and barriers to reaching a beneficial outcome.
      
4. Negotiate Towards A Win-Win Situation
   
   • The win-win situation means that, both sides of the parties thinks that they have gained something in a positivity and that their viewpoints are of much importance and that their viewpoints are been taken into considerations.
   • A win-win outcome is usually the best result. Although this may not always be possible, through negotiation, it should be the ultimate goal.
   • Suggestions of alternative strategies and compromises need to be considered at this point. Compromises are often positive alternatives which can often achieve greater benefit for all concerned compared to holding to the original positions.
      
5. Agreement
   
   • Agreement can be achieved once understanding of both sides' viewpoints and interests have been considered.
   • It is essential to for everybody involved to keep an open mind in order to achieve an acceptable solution. Any agreement needs to be made perfectly clear so that both sides know what has been decided.
      
6. Implementation Of The Course Of Action
   
   • From the agreement, a course of action has to be implemented to carry through the decision
   • The implementation of the course of actions is further achieved as Strategic Planning and Action Planning.
   • Strategic thinking is often looked upon as something that only certain people can do. Somehow, the idea of 'strategy' and 'strategic thinking' has developed a mystic aura. The other side of the coin is that everyone who has leadership aspirations includes 'strategic thinking skills.
   • Action planning is the process of turning your strategy and goals into action. Taking your ideas and planning how to make them reality.
   • In other words, action planning is working out what exactly you need to do to get where you want to be. Whether those are personal goals or organizational goals doesn't matter, as the skills required are the same.
      
7. Failure To Agree
   
   • If the process of negotiation breaks down and agreement cannot be reached, then re-scheduling a further meeting is called for. This avoids all parties becoming embroiled in heated discussion or argument, which not only wastes time but can also damage future relationships.
   • Mediation skills are also very much important and also it plays a very effective role in when there is a failure of an agreement.
   • Mediation is the involvement of an impartial third party to support and help those involved in a conflict to find a resolution.
   • The key difference between negotiation and mediation is that in negotiation, the parties involved work out their own agreement. In mediation, they have the support of the third party, the mediator, to help them come to an agreement.
   • Mediation, whether formal or informal, can often help solve conflicts that have gone beyond the negotiation stage.

Informal Negotiation

• There are times when there is a need to negotiate more informally. At such times, when a difference of opinion arises, it might not be possible or appropriate to go through the stages set out above in a formal manner.
• Nevertheless, remembering the key points in the stages of formal negotiation may be very helpful in a variety of informal situations.
• In any negotiation, the following three elements are important and likely to affect the ultimate outcome of the negotiation:
  
  • Attitude- All negotiation is strongly influenced by underlying attitudes to the process itself, for example attitudes to the issues and personalities involved in the particular case or attitudes linked to personal needs for recognition.
  • Knowledge- Knowledge is very important and plays a crucial role when in negotiation. Knowledge about any of the subject matter related to the negotiation or its process will further help the process to smoothens down that is it will be easier to understand about the meeting's matter.
  • Interpersonal Skills- Effective interpersonal skills are generally demonstrated by skilled negotiation and the capability of selecting and applying different communication techniques, such as active listening or self-revelation, to suit a given situation.

Steps For Improving The Negotiating Process And Skills

1. Negotiate the process:
   Over here do not think that the person you are negotiating with is on the exact same page as you he/she may not. So, it is always better to prepare well in advance about how you are going to negotiate and what will be your agenda throughout the meeting, what will be the subject matter, when will be the meeting held, etc. as such
    
2. Build rapport:
   small talk regarding on any subject-matter relating to any kind of project during negotiating will not always be feasible. You and your counterpart maybe more collaborative other than small talks may not be feasible as it will ruin the meeting and thereafter will lead to disturbing the whole project. So, for building a good rapport with your counterparts or with your clients it is very essential to make the information in the meeting very subjective and also detailed.
    
3. Listen actively:
   listening should be very accurate so that the other person who you are talking with will also understand if you are listening to them or not. This will tell the other person more about your interpersonal skills.
    
4. Ask good questions:
   You can gain more in integrative negotiation by asking lots of questions—ones that are likely to get helpful answers. Avoid asking yes or no questions and leading questions, such as Don't you think that's a great idea? Instead, craft neutral questions that encourage detailed responses, such as Can you tell me about the challenges you're facing this quarter?
    
5. Search for smart tradeoffs. Whenever there is any negotiating with your parties then always there is an issue which raises in the meeting and that is Pricing. In questions as such you should always capitalize the presence and d make the pricing and pricing strategies should be reliable and should also meet the finances of both the sides of the parties. Specifically, try to identify issues that your counterpart cares deeply about that you value less. Then propose making a concession on that issue in exchange for a concession from her on an issue you value highly.
    
6. Be aware of the anchoring bias:
   Ample research shows that the first number mentioned in a negotiation, however arbitrary, exerts a powerful influence on the negotiation that follows. You can avoid being the next victim of the anchoring bias by making the first offer (or offers) and trying to anchor talks in your preferred direction. If the other side does anchor first, keep your aspirations at the forefront of your mind, pausing to revisit them as needed.
    
7. Present multiple equivalents offer simultaneously (MESOs). Rather than making one offer at a time, consider presenting several offers at once. If your counterpart rejects all of them, ask him to tell you which one he liked best and why. Then work on your own to improve the offer, or try to brainstorm with the other party an option that pleases you both. This strategy of presenting multiple offers simultaneously decreases the odds of impasse and can promote more creative solutions.
    
8. Try a contingent contract. Negotiators often get stuck because they disagree about how a certain scenario will play out over time. In such cases, try proposing a contingent contract-in essence, a bet about how future events will unfold.
    
9. Plan for the implementation stage:
   Another way to improve the long-term durability of your contract is to place milestones and deadlines in your contract to ensure that commitments are being met. You might also agree, in writing, to meet at regular intervals throughout the life of the contract to check in and, if necessary, renegotiate. In addition, adding a dispute-resolution clause that calls for the use of mediation or arbitration if a conflict arises can be a wise move.

Negotiation Skills In Practice

• Negotiating is a core management activity. It is also a life skill, as people are involved in domestic and other negotiations, mainly informally, on a daily basis
• Negotiations are not a mystic art; the processes can be analyzed and skills systematically developed. While it is true that some people have more innate ability than others, putting this ability into practice often involves learning.
• Most learning will be by experience, but, as with skills generally, the learning process can be accelerated by coaching, reading and formal training. These other methods of learning may also lead to a higher level of skill development.
• In the marketing world and in management , negotiations and its skills play the most important role
• The amount of negotiation that managers have to do seems to be significantly increasing. Whilst negotiations with trade unions are generally easier than they were when unions were more powerful, in many areas' negotiations are becoming more difficult and more frequent.
• The increasing pace of change causes organizational arrangements to be reviewed more frequently. This can involve reviewing both commercial contracts, and conducting negotiations with employees about changes to the way they work. Failure to do this can affect the very survival of an organization.
• In addition, a general excess of productive capacity in the world, boosted by technological development and globalization, has turned many industries and services into a buyer's market. This has created chronic pressures for producers and providers of services to simultaneously increase quality and reduce costs. The mismatch between expectations and available resources in the public sector has also created increasing pressure to offer value for money.
• It is particularly important for managers to develop the habit of reflecting on the way that they, and others, negotiate. The increasing amount of time spent in negotiations creates a considerable opportunity to learn from the skills that are used and the mistakes made.
• Negotiating is not solely the province of specialist negotiators. All managers are likely to be involved in some level of negotiation. Whilst most negotiations will be small-scale, their cumulative effect is considerable.
• Organization of their own department may also involve much informal negotiation. This is likely to include allocation of work, logistical working arrangements and the quality control of what is done.

What Is Counselling?

• Individuals working in an organization or students in a school are very important and quite a valuable asset. Similarly, they too have emotions and feelings. However, sometimes emotions, as well as feelings, become overwhelming and people lose their confidence.
   
• There are many reasons behind that. Nonetheless, they have a negative impact on the quality of their life. Counselling is a type of therapy which helps the individual overcome their problems.
   
• Moreover, it helps them gain their lost confidence. Therefore, counselling refers to the process of helping a person face their problem and overcome it.

Who are the counsellors?

• The people who carry out the counselling process are known as counsellors or therapists. There are various types of counsellors depending on their field of specialization.
• They spend years studying the specific field and practicing their therapy.
• Counsellors can be found everywhere from a school to hospitals and from rehabilitation facilities to workplaces. Some also maintain a private practice.

Types of Counselling
There is a number of counselling which take place these days. They are mainly divided as per the various fields. This allows people to choose the counsellor as per their specific problem. Moreover, this assures the counsellor doing the work is a specialist in their respective field.

The following are the most common types of counselling:

• Marriage and Family Counselling
• Educational Counselling
• Rehabilitation Counselling
• Mental Health Counselling
• Substance Abuse Counselling

1. Marriage and Family Counselling:
   
   • People often face a lot of problems in their marriage and family life. Sometimes, these troubled people find it hard to come up with their life. This results in constant fights with their partners or family members.
   • Marriage and family counselling comes in here. In other words, it helps people with these problems.
   • They take them into confidence and prescribe solutions that will help them overcome their problems.
      
2. Educational Counselling:
   
   • A student who is fresh out of school or college is often clueless as to which career to choose.
   • This is completely normal for kids of that age to feel like that. Furthermore, sometimes even working individuals feel like that in the midst of their careers. This is nothing to worry about.
   • Educational counselling helps these people in choosing their career path.
   • They conduct seminars and orientations or private sessions where they discuss the interest of their client and offer solutions accordingly.
      
3. Rehabilitation Counselling:
   
   • This type of counselling refers to a practice where the counsellor helps people with their emotional and physical disabilities
   • Furthermore, these counsellors teach these people ways to live independently and maintain gainful employment.
   • It evaluates the strength and limitations of their patients. In short, they help people in guiding them and assisting them to lead independent lives.
      
4. Mental Health Counselling:
   
   • Mental illnesses have become very common these days. Awareness has helped people identify the symptoms of it and visit mental health counsellors.
   • Mental health counselling helps people deal with issues that impact their mental health and well-being. Some of the mental illnesses are depression, PTSD, ADHD, Bipolar disorder, and more.
   • This counselling focuses on these issues and helps in resolving them for a healthier life.
      
5. Substance Abuse Counselling:
   
   • Substance abuse counselling is a form of counselling which helps people in treating them and supporting them from breaking free from their drug and alcohol addiction.
   • It helps people discuss the cause of this addiction and reach to the root of it. The counsellor thereby suggests coping strategies which make a positive impact on their lives. Moreover, they also provide them with practicing skills and behaviors which helps in their recovery.
      
6. Mindfulness
   
   • Mindfulness is a specific way of intentionally paying attention. One negative thought can lead to a chain reaction of negative thoughts
   • This approach encourages people to be aware of each thought, enabling the first negative thought to be 'caught' so that is seen as just a 'thought' and not a fact.
   • This breaks the chain reaction of negative thoughts giving a mental 'space' in which the person can re-center themselves in the present. Mindfulness is likely to appeal to therapists who have developed a long-term meditation practice.
   • Mindfulness-Based Counseling is an increasingly popular approach aimed at helping clients to increase relaxation while removing negative or stressful judgments.
   • This technique helps to teach clients how to deal with emotional stressors reflectively instead of reflexively (Hofmann et al., 2010).
   • Different types of mindfulness meditation approaches may be applied as part of Mindfulness Counseling, such as yoga, breathing meditation, sitting meditation, body scan, and sound scan.
   • Body scan involves gradually attending to different parts of the body while tensing and then relaxing muscles.
   • With sound scan, responses to sounds are adjusted so that their aversive impact is reduced.
   • While mindfulness approaches are often added into CBT and other forms of therapy

What Are Counseling Approaches?

• A counselor's approach is a reflection of their training and coaching philosophy.
• For example, a therapist trained in behaviorism will view a client's behavior as a function of reward and punishment systems. Behavioral counselors primarily focus on how behavior is impacted by environmental factors, as opposed to thoughts or unconscious motivations.
• Counseling approaches and coaching styles also are differentiated by how therapists interact with clients. For example, client-centered counselors tend to focus on a client's innate goodness and use a nondirective style of interaction.
• Generally speaking, counseling approaches are guided by theory and research, both of which inform the method of practice.

Approaches To Counselling

1. Psychoanalysis/Psychodynamic Theory
   
   • Psychoanalysis or psychodynamic theory, also known as the historical perspective, has its roots with Sigmund Freud, who believed there were unconscious forces that drive behavior. The techniques he developed, such as free association , dream analysis (examining dreams for important information about the unconscious), and transference (redirecting feelings about certain people in one's life onto the therapist) are still used by psychoanalysts today.
   • In general, psychotherapists and counselors who use this approach direct much of their focus and energy on analyzing past relationships and, in particular, traumatic childhood experiences in relation to an individual's current life. The belief is that by revealing and bringing these issues to the surface, treatment and healing can occur.
   • According to some really high researches it is very clear now that this technique can actually change the client's behavior positively.
   • It is thereafter said that this technique can be in a way more intensive in comparison with the short-term memories because this technique actually changes the behavior of the client which were very much ingrained due to their past life and or due to their emotional traumas that they had faced in their past life.
      
2. Behavioral Theory:
   
   • Behavioral theory is based on the belief that behavior is learned. Classic conditioning is one type of behavioral therapy that stems from early theorist Ivan Pavlov's research. Pavlov executed a famous study using dogs, which focused on the effects of a learned response.
   • For instance, when a dog is kept in a small space where he was given the food only when a bell uses to ring, so over here the dog was changed according to his behavior like his behavior was changing as in whenever the bell will ring, he will get food. So after somedays after this experiment was processing the dog started to salivate as soon as the bell was rung.
   • So, in the above used example it can be thus concluded that over here that is in the behavioral theory the salivation of the dog and the ringing of the bell was thus can be said as pairing or the behavioral thing that the dog related it.
   • B.F, Skinner used this technique on the dog for a better understanding.
   • According to him rewarding for a behavior should be increased as it directly increases the likelihood towards a certain kind of behavior. And thus, punishments to decrease the occurrence of such behavior.
      
3. Cognitive Theory
   
   • In the 1960s, psychotherapist Aaron Beck developed cognitive theory. This counseling theory focuses on how people's thinking can change feelings and behaviors.
   • Unlike psychodynamic theory, therapy based on cognitive theory is brief in nature and oriented toward problem solving.
   • Cognitive therapists focus more on their client's present situation and distorted thinking than on their past.
   • Cognitive and behavioral therapy are often combined as one form of theory practiced by counselors and therapists.
   • Cognitive behavioral therapy, or CBT, has been found in research External to help with a number of mental illnesses including anxiety, personality, eating, and substance abuse disorders.
      
   • The following principles guide Cognitive-Behavioral Therapy:
     
     • Mental health disorders involve key learning and information processing mechanisms.
     • Behaviors are better understood by exposing their true functions.
     • New adaptive learning experiences can be used to substitute prior maladaptive learning processes.
     • Therapists use a scientific approach to therapy by creating hypotheses about patients' cognitive and behavioral patterns, intervening and observing outcomes, and reframing original hypotheses as needed
        
4. Humanistic Approach
   
   • Humanistic therapists care most about the present and helping their clients achieve their highest potential.
   • Instead of energy spent on the past or on negative behaviors, humanists believe in the goodness of all people and emphasize a person's self-growth and self-actualization.
   • Humanistic theories include client-centered, gestalt, and existential therapies. Carl Rogers developed client-centered therapy, which focuses on the belief that clients control their own destinies.
   • He believed that all therapists need to do is show their genuine care and interest.
   • Existential therapists help clients find meaning in their lives by focusing on free will, self-determination, and responsibility.
      
5. Holistic/Integrative Therapy
   
   • Holistic and integrative therapy involves integrating various elements of different theories to the practice.
   • In addition to traditional talk therapy, holistic therapy may include nontraditional therapies such as hypnotherapy or guided imagery.
   • The key is to use the techniques and psychotherapy tools best suited for a particular client and problem.
   • There are various therapies that counselors can choose to study, but the type of theory matters less than the success of the relationship between client and therapist.
      
6. Person-Centered Therapy
   
   • Devised by Carl Rogers and also called Client-Centered or Rogerian counselling, this approach enables the client to come to terms with negative feelings, which may have caused emotional problems, and develop inner resources. The objective is for the client to become able to see himself as a person, with the power and freedom to change, rather than as an object.
      
7. Gestalt Therapy
   
   • This therapy focuses on the whole of the client's experience, including feelings, thoughts and actions. The client gains self-awareness in the `here and now' by analyzing behavior and body language and talking about bottled up feelings.
      
8. Existential Therapy
   
   • Existentialism is a philosophy aimed at examining the question of human existence. It is often associated with 19th and 20th-century writers and philosophers such as Jean-Paul Sartre, Soren Kierkegaard, Albert Camus, and Friedrich Nietzsche.
   • Existential thinking is also inherent in ancient Greek philosophy going as far back as Socrates from 469 to 399 BCE (Flynn, 2009).
   • Existential Therapy does not attempt to cure a person nor diminish specific symptoms; rather, it seeks to explore and question aspects of the human predicament (Corbett & Milton, 2011).
   • The client is viewed as ever changing and always in the process of becoming (Dryden, 2007).
   • Existential therapists operate from the client's perspective to explore what it means to be alive. They work with the client to examine unfulfilled needs and potential, and how to make rational choices. While this counseling approach is still evolving, research has indicated significant reductions in anxiety and depression symptoms.
      
9. Rational Emotive Therapy
   
   • Albert Ellis developed Rational Emotive Therapy in the mid-1900s. It is a type of CBT in which a person's distress is perceived as a function of irrational or faulty thinking.
   • The therapist works with the client to examine their cognitive appraisals of how an event may have created an outcome (Gonzalez et al., 2004).
   • In other words, it is the client's belief about a situation, rather than the situation itself, that is the focus of treatment.
   • Unlike Client-Centered Therapy, Ellis's Rational-Emotive approach is active and directive, intending to help clients avoid self-defeating beliefs and ultimately experience a more positive sense of wellbeing
      
10. Reality Therapy
    
    • Reality Therapy was developed by William Glasser in the 1950s. Its principles stem from Alfred Adler's ideas about the social context of human behavior (Wubbolding, 2010). It is based on choice theory, which focuses on the power of individuals to control their behaviors
    • While not all aspects of life are within our power to change, human beings are always faced with opportunities to respond rationally or responsibly – or not (Peterson, 2000).
    • Reality Therapy helps clients to establish greater control over their lives while enhancing the ability to build meaningful and effective relationships. It is a present-day, non-symptom-focused approach in which the counselor takes on a friendly, positive, and nonjudgmental stance.
    • Reality Therapy promotes individual responsibility for actions while helping clients make decisions that are in line with the visions they have for their lives.
       
11. Systemic Therapy
    
    • Systemic Therapy underscores the influence of how patterns across systems (e.g., family, school, and employment) influence behaviors and psychological issues. A Systemic approach aims to treat the underlying system rather than focusing on the problem itself (Carlson & Lambie, 2012).
    • For example, Systemic Therapy is often used for family counseling, as it identifies dysfunctional patterns of communication and other behaviors across family members.
    • Family involvement, which may be cross-generational, entails having family members work with the therapist to develop healthier roles, interactions, and dynamics.
       
12. Narrative Therapy
    
    • Narrative Therapy enables individuals to become experts in their own lives. Each of us has a story we tell ourselves about who we are as a person. Because we derive meaning from our stories, they shape and influence how we perceive and respond to the world around us.
    • By impacting our decisions, these narratives influence our ability to enjoy meaningful and satisfying experiences. Narrative counselors work collaboratively with clients to create alternate stories using a nonjudgmental, respectful approach (Morgan, 2000).
    • Ultimately, clients are guided in re-authoring their stories in a way that is more consistent with their life goals.
       
13. Creative Therapy
    
    • Creative Therapy involves the use of different art mediums aimed at improving mood and other aspects of wellbeing.
    • For example, Music Therapy consists of the monitored use of music to promote clinical change.
    • Music Therapy may be used in multiple ways, such as in combination with CBT or other types of therapy.
    • Performing music may also foster positive feelings that reduce stress and promote healing. The scientific literature indeed supports a link between Music Therapy and reduced psychological symptoms such as anxiety.
       
14. Interpersonal Counseling
    
    • Interpersonal Counseling is a diagnosis-focused approach in which the client's disorder is regarded as a medical illness that requires intervention (Markowitz & Weissman, 2004).
    • In this sense, any fault or self-blame is diminished for the client. The role of interpersonal relationships and attachment on mental health outcomes is also an important target for this type of counseling.
    • It is a time-limited approach during which clients learn that their psychological issues are linked to environmental stressors. Interpersonal counselors are supportive and compassionate, serving as client allies.
    • Such therapists suggest ways for clients to deal with situations in a way that promotes self-efficacy and reduces symptoms (Markowitz & Weissman, 2004). Based on clinical trials, Interpersonal Therapy has been effective at treating psychiatric disorders, especially depression.

Written By: Presha Naik, a student, from SNDT Law College. The further article is about the negotiation and the how negotiation skills are been practiced. There are various conditions also which are very important while negotiating to this the article also reads further as the parts of counselling which is the key thing in law. Counselling and various of its approaches which are thus mentioned in further.