How can you evaluate negotiation outcomes inclusively and collaboratively?

Having clearly identified the desired outcome(s) from the negotiation, the need to identify the criteria cannot be overemphasized. It is important that the lead negotiator have hands-on experience with the chosen tool(s) in addition emotional intelligence to read all forms of communication beyond words.

*Concern for out come-Assertiveness *Concern for relationship-Cooperation Negotiation Strategies Competent Accommodating Avoiding Compromising Collaborating

This could be done through a questionnaire or evaluation form. These must be focused, goal directed and targeted at the correct audience. The questions / statements must be specific and clear. As far as possible, statements / questions must be open-ended and reflective. It is crucial that the statements / questions must be in alignment with the information that the evaluation / questionnaire wishes to unlock. Another method is through a comparative analysis of the negotiation objectives versus the outcomes. It is key that all relevant stakeholders participate in this evaluation. . This evaluation method would be more effective if the negotiation objective had been clearly articulated prior to commencement of negotiations.

To evaluate negotiation outcomes inclusively and collaboratively, a corporate lawyer should set clear objectives and criteria before negotiations commence. During negotiation, facilitate open communication and active participation from all stakeholders. Employ objective metrics to assess proposed outcomes, considering quantitative and qualitative factors. Seek feedback from all parties to understand their concerns and foster transparency. Engage in constructive dialogue to explore trade-offs and alternative solutions. Strive for consensus-building discussions to reach agreements benefiting all stakeholders. Through this approach, negotiation outcomes can be comprehensively evaluated to meet the needs of all parties involved.

Determine the objectives of the negotiation and the expected outcome. Research around the legality of negotiating for an outcome based on a reduction on price and vendors improvement on tender submission. Base your negotiation on clarifications on desired possible outcomes rather than aiming for reduction on the vendor’s bottom line.

I agree that collecting data is vital and critical. However, care should be taken in ensuring that you watch out for confirmation or selection bias when sourcing data. This would strengthen the reliability of the data collected.

Just like the saying goes....if it cannot be measured, it cannot be managed.....so a comparative analysis is necessary. We compare what? What you sent out visa-as-vis what you have achieved out of the negotiation. This statement assumes all other stages have been undertaken and you have reached the phase of outcome and assessment: Have i achieved what i sent out to achieve ? by what percentage? what are the learning points? how far the deviation? Has it been a better deal for us? How can we use this in future negotiations?

Inclusivity actually starts much earlier when you as a buyer are launching a sourcing project. Identifying all the key stakeholders who at some point in time will have a say in the project implementation should be the first phase activity in the 9-step sourcing process. These key stakeholders often are invited to do a techno-commercial evaluation at various stages to seek their comfort, feedback and suggestions. Course corrections thus incorporated increase the chances of a favorable outcome that is accepted by one and all. Such inclusivity and collaboration has often been found to encounter the least amount of roadblocks leading to realization of potential benefits to the full. It also charges the team with motivation and enthusiasm.

Interestingly, because negotiation does not happen in isolation, you also think of the other party...bringing the collaborative approach...normally for long term strategic interventions. Asking questions like whether this sets a clear agenda/platform for future buyer-supplier collaborations, depending on how well the negotiations were concluded is key...and whether either party was not pushed to the wall into emerging out of the process victorious is key to future collaborations!