Whentwo parties engage to disagreement, there comes a conflict that ishard to solve themselves, therefore, a third party that is neutral.The third party who resolves the conflict among the parties is thenegotiator thereby giving rise to the process of negotiation. Therefore, contract negotiation is the process that parties followsfor them to reach an agreement. This process is only carried out forthe purpose of ensuring both sides are in good terms to worktogether. The negotiator should not be partisan as both teams requireequal chances of defending themselves and later getting a longlasting resolution. If the negotiator favors one side the outcomewill be negative, and it will not last for a long duration. When theparties defend themselves, the negotiator should be keen andobservant because the source of the disagreement should be foundbefore solving anything. When the source of the problem has beenfound, the negotiator takes the initiative of researching for thepossible solution to the problem. After the solution have been found,the mediator presents them to the parties and explains to them theimportance of each solution and thereby coming up with the bestsolution to the disagreement which makes both sides to accept thesolution. Once they have accepted the solution, they came back to bein good terms again.
Incontract negotiation, there are factors to be considered before thenegotiator comes to the best solution for the disagreement. Theseare the areas of knowledge that are critical to the success of thecontract bargaining. First the negotiator should have a goodunderstanding of the requirements. These enhance for the purpose ofknowing what to expect after the process. The second tip is thenegotiator should be clear about what results to get out of thenegotiation. They need to differentiate between what is nice to haveand what is a must have. The third tip is the negotiator should beclear about what, from the self-position, what is negotiable and whatis not. These saves times thereby they have research done on onlyinterchangeable parts leaving the others. The fourth is they shouldbe clear about the risks they may cause in the process. These makesthem ready for the risks and gives them time to find solutions toavoid them occurring. The fifth tip is to look a problem fromdifferent points of view. These enable them to come up with the bestsolution to the problem.
Thesixth tip is the negotiator should understand the culturaldifferences between the parties and ensuring that the arguments to bemade are not particular to the negotiating parties. These reduce thechance of favoring one side over the other. The seventh tip is thatthe negotiator should try and understands the reason each party ismaking certain comments and the impact of the observations on otherparts of the contract. It helps to know what each party wants fromeach other. The eighth tip is to prevent ideas that are not feasiblein the contracting situations. The ninth tip is to ensure they have aclear timetable, and they stick to it. It makes sure that everythingworks as planned. The final tip for the success of the contractnegotiator is to ensure that the goals of the both parties to thecontract are achieved. That is to do business together again (Hutson& Lucas, 2010).
Fora contract negotiator to be successful, there are skills which theyrequire. The contract negotiator should have the skills to analyzesproblems that the parties are facing in their disagreement. Theyshould always be prepared before calling for a meeting with requiredinformation for both sides. They should also be active listeners forthem to know what is disturbing both sides and therefore, come upwith the solution to the problem. A good contract negotiator shouldbe able to control their emotions during the negotiation process, andthis helps not to jump to a conclusion which is not favorable (Ward,2007).The negotiator should be able to communicate clearly and efficientlyto the parties when solving the problem, and this is because aproblem may arise when the negotiator does not state the casecorrectly and clearly.
Thecontract negotiator should be a person who collaborates and supportsteamwork for him to demonstrate through action the need to worktogether and act as a good example to the parties. They should havethe ability to solve the problems they should be always dynamics totheir solutions and accepting other people’s advice to them (Hutson& Lucas, 2010). The decision-making ability skill is critical for the contractnegotiator as it enables them to provide feedback that is best forthe parties. The contract negotiator should have interpersonal skillslike the ability to be patient and to persuade others as it isimportant to explain to the contract parties why they should do thisbecause of that for the benefit of this. Finally, the contractnegotiator should be someone who is ethical and reliable in theirbehavior as they are the figurehead to the public as the partiesshould be related to them. The contract negotiator should alwaysportray a right image to the contract parties and the world ingeneral (Ward,2007).
Thestrategy an effective negotiator should consider achieving a morefavorable contract is building the future with the creativesolutions. Real and effective negotiators are the best problemsolvers and also opportunity seekers. These abilities enable themperceive and to interact closely with other people. It allows them tolearn a lot from other people making them creative in one way oranother. Creative solutions make them expand their abilities therebyproving them with more opportunities to benefit from the negotiationprocess. It also makes them be well prepared in case they face anyproblem pertaining there works (Götz,Aßmann, Aßmann & Hußmann, 2013).
Insummary, for the negotiation process to be successful both partiesshould decide to involve another party that is neutral to help themto reach their conclusions. The third party involved should have theability and skills required for the process. The third party is knownas the negotiator. The negotiator to be successful they need to beready to do their work and to be able to solve problems leadingprovision of the best decision. They should have the interpersonalskills like to be patient and the ability to persuade others whichmakes them be of importance to problem-solving. The contractnegotiator should be time specific in their process because time isof necessary in the process like when to meet and it takes how longto solve the problem, and this gives rise to the resources requiredfor the negotiation process.
Götz,S., Aßmann, U., Aßmann, U., & Hußmann, H. (2013).Multi-QualityAuto-Tuning by Contract Negotiation.Dresden: Saechsische Landesbibliothek- Staats- undUniversitaetsbibliothek Dresden.
Hutson,D., & Lucas, G. (2010). Theone minute negotiator.San Francisco: Berrett-Koehler Publishers.
Ward,D. (2007). Contractnegotiation handbook.Milton, Qld.: Wrightbooks.