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effective to say something to the effect of:  “I feel that my focus is on … (the
               issue) … yet your priorities and interests seem to be elsewhere.  Why don’t
               you tell me what’s bothering you so that we can resolve it and get on with
               our negotiation.”   Where misunderstanding exists, you can  work to

               improve communication.

               In many negotiations, each side explains and condemns at great length the
               motivations  and intentions  of the  other side.  It is more persuasive,
               however, to describe a problem in terms of its impact on you than in terms
               of what they did or why:  “I feel let down” instead of “You broke your

               word.”  If I can use the right method and manner in approaching you, we
               can transform the shape of things to meet mutual needs, and both of us can
               emerge satisfied.

               In a confrontational situation, it is usually more effective to use questions

               instead of statements.  Statements generate resistance, whereas questions
               generate answers.  Questions allow the other side to get their points across
               and let you understand them.  They pose challenges and can be used to
               lead the other side to confront the problem.  Questions offer them no target
               to strike at, no position to attack.  Questions do not criticize, they educate.

               Where interests are directly opposed, a negotiator may be able to obtain a

               favorable result simply by being stubborn.  That method tends to reward
               intransigence  and  produce arbitrary  results.  However, you can counter
               such a negotiator by insisting that his single say-so is not enough and that
               the agreement must reflect some fair standard independent of the strong
               will of either side.  By discussing such criteria rather than what the parties

               are willing or unwilling to do, neither party need give in to the other; both
               can defer to a fair solution.

               The most powerful position in dealing with people who try to intimidate
               you is to stick to the fundamental issue.  Keep your responses focused on
               the issue based on its merits and the objective criteria available.  Remind

               the other party that you want an equitable solution.






               David Kolzow                                                                          185
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