Ioana Horea
11. Negotiation
& READING AND SUMMARISING
Types of negotiation
According to the relationship that develops between parties and to their
behaviour, there are eight types of negotiation.
When the parties have chosen to do business together and are aware that they
have to build a working relationship, they enter a transactional negotiation, for
deal making or rule-making.
The parties may be in the circumstance of negotiating to resolve the dispute that
has arisen and have little if any interest in future dealings with each other and
that will be called a dispute resolution/settlement.
We talk about a single-issue negotiation when the parties are focused on the
resolution of the issue at stake 237 while if the parties are involved in more
sophisticated interaction which gives much greater scope 238 for imaginative
problem solving or trade-offs239, we deal with the multiple issue negotiation.
A distributive/zero-sum negotiation is implied when the parties are competing
to achieve gains and an integrative negotiation supposes that the parties are
cooperative in an attempt to find the compatible interests.
When the parties are not emotionally involved in the issues being negotiated, it
means they are litigating for impersonal matters, but they may be engaged in
237 în joc, în discuţie, vizat
238 rază/ plajă de acoperire, întindere, gamă
239 chestiuni secundare, colaterale
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personal matters litigations when they feel very strongly and personally over
the issues at stake.
Legal Problems (Taking Legal Action)
In small firms, matters such as legal action to be taken in case of non-payment
of debt, default240 in carrying out241 a contract (non-fulfilment of contract) or a
dispute of any kind, are dealt with by the Secretary on the instructions of, and
after discussion with, the Directors. In large firms, they are handled 242 by the
Accounts Department, also after discussion with the Directors. However, the
Directors will not act without the advice of the Firm’s Solicitors 243 (US:
Attorneys). Sometimes, solicitors in a foreign country are asked to act on the
Firm’s behalf.
Incidentally, in the same way, all contracts and agreements entered into must
first be approved by the Company’s lawyers.
Arbitration
As an alternative to trial into courts, the commercial world has come to favour a
process which is known as arbitration, the reference 244 of a dispute for
determination245 to a third party246, who may not be a judge or an officer of a
court. The person appointed is called an arbitrator and he must conduct the
hearing in a judicial manner, according to the provisions of the Arbitration Act
1996. There are many advantages as compared with court proceedings.
Arbitration is less expensive, there is no need for legal representation at all, it
240 lipsă
241 neîndeplinire
242 rezolvate, administrate
243 1) avocat consultant; 2) solicitant, petiţionar
244 încredinţarea
245 soluţionare
246
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can take place at any time and place, not depending on a court waiting list, the
arbitrator chosen can be an expert in the specific field the dispute arises, the
decision is immediate.
Mediation
Less formal than arbitration, mediation consists of assisted discussions. An
independent third party, the mediator, will discuss the issue with both sides,
usually in separate rooms, will negotiate areas of conflict and identify and settle
certain problems.
Conciliation247
The process is very similar to mediation but the third party may offer a non-
binding248 opinion, which may lead to settlement.
Consider the reading material and solve the drills:
I. Find in the fragment about the types of negotiation synonyms for 'occurs,
kinds, decided, set up, situation, conflict, appeared, affairs, arrangement (in
paragraphs 1-3); discuss, concentrated, matter, provides, diversions, fighting,
obtain, profits, means, try (in paragraphs 4 and 5)' then look for the answers to
the following questions:
occur=be concentrated=foccused
kinds=types matter=issue
decided=resolved provides=supposes
set up=develop diversions=sophisticaded
situation=circumstance fighting=competing
conflict=dispute obtain=achieve
appear=arrise profits=gains
affairs=business means=scope
arrangement=settlement try=attempt
discuss=talks
1. How many types of negotiation are there?
There are five types of negotiation: transactional negotiation, single- issue
negotation, multiple issue negatation, distributive(zero-sum) negotiation,
integrative negotation.
2. Which is the type of negotiation for deal-making?
The type of negotation for deal-making is transactional negotiation.
3. What's a zero-sum negotiation?
A zero-sum negatiation is implied when the parties are competing to achieve
gains.
4. What is a multiple issue negotiation?
A multiple issue negotiation is when the parties can be involved in a more
sophisticated interaction.
5. Which type of negotiation implies a 'win to win' situation?
The type of negotation which implies a ”win to win” situation is the integrative
negatiation.
247 reconciliere, împăcare
248 cu caracter facultativ
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6. What negotiation discusses future dealings?
7. What's the purpose of a dispute settlement?
8. Which negotiation may result into a 'win/lose' situation?
II. In the fragment on legal problems, turn the first two and the last two
sentences into the Active Voice and the third into an If Clause.
III. Ask the questions for the underlined fragments in the paragraph concerning
arbitration
What has the commercial world come to favor?
How is called the appointed person?
What he must to conduct?
How many advantages are there?
How is the arbitration?
When can it take place?
Who can be an expert?
What kind of field?
How is the decision?
IV. Find in the paragraph on mediation the answers to the following questions:
1. What is mediation?
Mediation consists of assisted discussions
2. Who will discuss the issue and with whom?
The mediator will discuss the issue with both side.
3. What will they negotiate?
They will negotiate areas of conflict.
4. What will they settle?
They will settle de certain problems.
V. In the paragraph about conciliation, find the antonyms for the words:
"different, take, compulsory, dispute".
different≠similas
take≠offer
compulsory≠may
dispute≠settlement
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? REINFORCEMENT DRILLS AND GRAMMAR
1. Match the following types of negotiation with their description:
1. A single issue negotiation is a) the one involving a number of issues
2. A multiple issue negotiation b) one in which the issues at stake are very
is personal and emotion-charged
3. A negotiation of impersonal c) a negotiation existing along a single
matters is dimension
4. A negotiation of personal d) that whose subject matter is 'strictly
matters is business'
1-c
2-a
3-d
4-d
2. Fill in the space with the appropriate structures: ' situation, is, which
party, negotiation, other, the, zero-sum, gains
The integrative negotiation is potentially a 'win/win' situation in which one
party's gain is not necessarily at the expense of other party , while a
distributive or zero-sum negotiation represents a 'win/lose'
situation in which one party gains at the expense of the other party.
3. Fill in the sentence with the appropriate nouns derived from the verbs
given:
A dispute resolution or settlement is settle
a type of negotiation whose purpose negotiate
English for Law
is to reach agreement on how parties agree
should resolve differences resulting differ (◊plural)
from past behaviour. behave
4. Choose the words that best fit in the gaps:
The negotiation 1 a principal objective is 2a agree 3b rules for regulating
4b future dealings between the 5c is called a transactional 6a (deal-making
or rule- 7 c
1. a) which b) whose c) when
2. a) to b) of c) in
3. a) for b) on c) about
4. a) at b) the c) after
5. a) parts b) party c) parties
6. a) negotiation b) negotiate c) negotiating
7. a) made b) make c) making
5. Fill in the blanks with the appropriate words given for each of the two
texts:
a) 'entering, are, in, business, conflicts, widely, partnership, reaching, any'
Negotiations are conflicts used mostly in any
relationships, as the latter are basically founded on
widely agreements: before concluding business contracts, on
reaching or along a business partnership, prior to forming
associations, in cases of union entering a.s.o.
b) 'several, has, discussion, are, or, means, there, followed, terms, of'
Negotiation has a mutual terms and arrangement or the discussion of a
transaction agreement
agreement. It means more stages, which are steps to
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be followed and there are several strategies.
6. Match the two parts of the sentences in the columns to find about some of
the stages in a negotiation:
1. Relationship building is a) putting forward a proposal.
249
2. Bidding is b) making further offers, conditionally.
3. bargaining means c) the phase consisting in establishing a good
4. Settling is atmosphere.
5. Summarizing consists in d) confirming what has been agreed.
e) the stage of reaching an agreement.
1-c
2-a
3-b
4-e
5-d
7. Rearrange the fragments in a sentence:
1. the cooperative and 2. the collaborative one 3. the competitive,
4. there are 5. by specialists 6. three main strategies
9. implying specific
7. styles, identified 8. in legal negotiations:
4-6-7-5-9-8-3-1-2
8. Fill in with 'between, strategy (2), order, opponent, must, maximize, sides,
is' and find the antonyms of 'minimize, losses, offering, neither, doubt,
dispute':
minimize≠maximize
losses≠gains
offering≠claiming
neither≠complete
doubt≠trust
dispute≠agreement
The competitive strategy seeks to maximize one's gains, by
forcing the opponent to give in, in order to get the most of
what he is claiming.
The cooperative strategy assumes that there must be
concessions on both sides ,seeking trust and agreement
beetween opponents.
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9. Arrange the fragments in a sentence and find synonyms for 'supposes,
settlement, unseen, data, imaginative, outcomes':
1. together to reach 2. get optimum results
3. the collaborative strategy assumes 4. agreement by exploring
5. that parties can work 6. other, sharing information
7. the hidden interest of each 8. and being creative, to
3-5-1-4-7-6-8-2
supposes=estimate
settlement=agreement
unseen=imaginary
data=notes
imaginative=artistic
outcomes=conclusion
10. Turn the first sentence into Passive Voice and the second into Active
Voice. Ask a question for each of the seven underlined parts.
The arbitrators must conduct the arbitration in accordance with the rules of
natural justice and in a judicial manner and they have to give a reason for the
award250. Otherwise, a court may be asked to intervene, the award may be
quashed251 and a rehearing252 can be required.
[Link] arbitration must be conduct by arbitrators in accordance with the rules of
natural justice and they have to give a reason for the award.
2. To intervene the court may be asked.
Who must conduct the arbitration?
What must the arbitrators to conduct?
With what must to be in accordance the arbitration?
How the arbitration must be in accordance?
What they have to give?
Why the court may be ask?
How the award may be?
11. Fill in each gap with only one word:
Mediation, conciliation and arbitration belong to the so-called Alternative
Dispute Resolution (or ADR), which knew about fashionable development
since the 1990s.
250 hotărâre, măsură
251 anulată
252
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