英语论文网

y in attitude towards opposite party.

They use assertive and tough language.

There may be use of tools like coercion, threat or deception.

They will subtract certain items from the deal to get more profit.

They will listen less of opposite party, and they talk more.

There will be use of domination over the weaker party.

The competitive negotiator will close the negotiation by giving a final offer.

They would not prefer to bargain over it.

A competitive negotiator is of the belief that they has lost if the opponent gains what they want. They display effective communication skills and ability of faster evaluation in the client’s interest, even in tough conditions. Resisting the competitive negotiators, they feel they are not trying hard enough for the opposite party to submit before their demands. “The long-term consequences of competitive negotiation are unfavorable, yielding reduced enthusiasm and commitment as well as damaged relationships.” [10] They believe they know best, they may also make a display of authority, which they may not actually have. “A quasi-strength of competitive negotiation is that the tactic often intimidates opponents and creates a situation where competitive negotiators steamroll more cooperative negotiators into offering concessions and more readily agreeing to the objectives of the competitive negotiator. A major weakness of competitive negotiation, on the other hand, is that the other side will likely become competitive as well leading to prolonged labor disputes” [11]

Unethical techniques used by competitive negotiators are, a) Lying – fact of matter and proposed settlement offers are lied about by hiding the traps in it. b) Bluffing – This being different from lying, facts are exaggerated to give a bigger picture of outcome. The opponent is made to believe that the settlement will be highly advantageous to them, which in fact is not true. In such a situation risky decisions and preparation for consequences is taken by the negotiators. ‘In Garrett v. Mazda Motors of Am., 844 S.W.2d 178, 181 (1992), the salesperson wrongly told buyer that car had been used by salesperson, when the car was stolen and used by a car thief. It was considered as fraud and not mere puffery.’ [12] c) Force – Many types of force may be used. Threat to the opposite party, coercion using some bait, dominance over the other party to accept a settlement, unemotional and unsympathetic attitude or a tantrum thrown during negotiation process are some example of force. d) Stealing – Data stealing and obtaining information about client in a dishonest fashion during ground work are some forms of stealing. e) Distracting – forcing and arguing about minor, petty issues, pulling away from the main concern is a form of distraction. f) Blaming – attacking the opposite party by blame or other techniques like interruption, insults, gestures or sarcasm again resulting in an attempt to distract from the main issue.

To achieve maximum benefit for the client and also to increase their bargaining capacity the competitive negotiator uses these techniques. They may not use these techniques as often though. The tougher the situation the more competitive they become. “Competitive bargaining has been criticized for its focus on specific positions rather than attempting to discern the true interests of the parties