The Role of Power in Negotiation

Surefire Negotiation Tactics

Surefire Negotiation Tactics

Shockingly Simple But Powerful Negotiation Strategies Save The Ordinary Joe Thousands Of Dollars Of Foreseen Expenses. Discover How You Too Can Save More, Keep Under Your Budget, And Make More Money With These Simple Negotiation Tactics You Can Apply In Any Business!

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20 Negotiation Tactics

This 70 minute video gives you access to a whole new world of negotiation techniques that you probably have never thought of before. You will learn the psychology of how people make choices, and how you can leverage those choices into your advantage in a negotiation setting. All of these tips were chosen because of how widely they can be applied to all kinds of situations. You will also get 50 real-life examples to use in your own negotiations, so that you can learn to never be taken advantage of. All we need is 70 minutes of your time, and we can have you negotiating like a pro, to be able to have people see your way, no matter what you're proposing. All of these tactics can be applied in many different settings, such as asking for a raise, getting a job, or even winning an argument! All these tactics can change how people view you, and give yourself authority!

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Setting the stage for effective negotiations

Countries that already provide for community consent for access to genetic resources are discovering, perhaps to no one's great surprise, that legal requirements aren't worth much without an effective framework to support negotiations with and by communities. Case Study 5 describes the problems the Philippines has experienced in trying to ensure its Executive Order 247 facilitates rather than impedes access in communities. Case Study 3 describes the failure of negotiations for access to Arctic charr in Inuit communities of the Canadian north. The breakdown was a costly disappointment to a consortium that had spent considerable time and effort attempting to convince widely scattered communities. The failure was attributed to indigenous communities' concerns about interference with their spiritual connection with the fish, the proposed patenting of a genetic mapping process, and the potential for competition from the farming industry despite the promise of joint ownership in the...

Therapeutic Approaches and Changing Family Patterns

Sargent (2001) has given clear recognition to the needs of many if not most single-parent families that extends well beyond the parameters of systems-based family therapy. He noted that more than 60 of American children live some part of their childhood in a single-parent household. In recognition of the vulnerabilities of these families, Sargent recognizes the following stressors of single parenthood economic concerns need for social support relationship issues of children with noncustodial parents balance among home, child rearing, and work relationship with and support from the extended family balance between nurturance and limit setting for children throughout development maintaining a positive relationship with children and between siblings time pressures the need for a fulfilling personal and social life recognizing one's strengths and accomplishments collaboration with the noncustodial parent health concerns of parent and children negotiations with school, child care providers,...

Thinking locally Rights of indigenous and local communities

For national governments, the logic of linking community rights over access to genetic resources to traditional knowledge is readily apparent individuals or groups have the right to control the use of their ideas. However, nation states own biological resources (apart from those on private lands) in their physical state, and the CBD calls on parties to the convention to facilitate access to genetic resources. Providing more far reaching rights to communities might simply create regulatory confusion and insurmountable barriers to access, in addition to eroding the strength of national sovereignty for which developing countries fought so hard during the CBD negotiations. Industrial countries are even less inclined to expand community rights over genetic resources. While much depends on variations in political systems, democratic governments are not necessarily any more likely than other forms of government to view expansion of community rights favourably. At the most, communities may be...

Results that count Meaningful benefits for fishing communities

It is in all our interests that agreements for access to aquatic genetic resources promote the sustainable use of aquatic genetic resources and the conservation of aquatic genetic diversity. It may not be enough for governments merely to set minimum standards for the negotiation of fair agreements with fishing communities. While it will be up to communities to determine in each instance what benefits are satisfactory, governments could help ensure productive negotiations (and thereby facilitate access) by, for example, providing negotiation training and developing policy approaches to support a wide range of monetary and non-monetary benefits. Non-governmental organizations (NGOs) and aquatic sciences institutes might play a useful role as intermediaries in benefit-sharing negotiations with communities, helping to lay the foundation for sustainable fisheries livelihoods. And, although the CBD has provided the impetus for governments to think about community benefits that might...

Inland waters National sovereignty

During the negotiations leading to the CBD, some southern countries insisted on recognition of national sovereignty over genetic resources as a condition of agreeing to the CBD. In theory, recognition of national sovereignty meant the ability to control access and negotiate a fair share of the benefits arising from the use of genetic resources.

TRIPS Controlling access to genetic inventions

Negotiations on the passage of TRIPS highlighted the very different viewpoints of industrial and developing countries on the extent to which patenting of biological diversity-related inventions should be permitted. The most controversial section of TRIPS has been Article 27.3(b). While it allows countries to exclude plants and animals as well as essentially biological processes from patentability, WTO members must provide protection for plant varieties either by patents and or by an effective suigeneris system that is, a unique system of rights for a specific item or technology. The exemption for plants and animals remains a controversial issue, with some developed countries facing strong pressure from industry to push for the removal of the exemption. Some critics of TRIPS argue that doing so would undermine the CBD by depriving countries of the right to prohibit IPRs on life forms and by diminishing their ability to negotiate a fair share of benefits arising from the use of genetic...

Deliberate and Unintended

Subtle and unintended messages rarely have been the focus of empirical studies, in part, because labor intensive methods such as ethnography or structured observations are required to assess them. For knowledge about racial ethnic socialization processes to move forward, however, researchers need to grapple more so than they have with strategies for capturing these sorts of messages. Almost certainly, parents' responses to everyday occurrences sometimes contain racial messages, and such responses are quite likely to take on meaning in children's worldviews. As explained by Appelgate and colleagues (Appelgate, Burleson, & Delia, 1992) parents transmit to children an interpretive logic, or, a generalized orientation that guides children's assessment and management of situations. Boykin and Toms' (1985) also suggested that racial attitudes, values, and behaviors often are passed on to children by way of cultural motifs that are largely invisible to parents but are displayed to...

Aquatic genetic resources A workshop in Canada

If the right of indigenous communities to provide or withhold access to genetic resources is taken for granted, as it is in several emerging national laws, then access policies and parties seeking to obtain access will need to respect indigenous views on the use of aquatic genetic resources. Obtaining consent from indigenous communities is not simply a matter of negotiating acceptable benefits. Negotiators and policy makers need to be aware that, while indigenous peoples may bring a variety of different perspectives to the negotiation table, their views on the use of fish may be different from the 'Western' concept of resources to be gathered, bought and sold. In addition, indigenous approaches to negotiations may be complicated by broader concerns about indigenous rights. The tension between indigenous peoples and the Canadian government is instructive in this respect.

Prior informed consent by communities

Notable in some laws are the restrictions on the authority of communities to withhold consent. The Costa Rican law recognizes the right of communities to oppose any access to their resources or associated knowledge, whether for cultural, spiritual, social, economic or other motives (66). In Brazil, however, access may be permitted without consent 'in instances of relevant public interest' (17). Under the OAU model law, communities can refuse access if it will be 'detrimental to the integrity of their natural or cultural heritage' (19). It remains to be seen how different countries will handle refusals of consent by communities that are simply unsatisfied with the benefits offered to them, or give no reasons for refusal, and what impact such refusals are likely to have on both academic and commercial research. There are still too few instances of negotiations with communities to determine whether the withholding of consent is likely to be a common trend. As discussed below,...

Intellectual property rights protection

The question of IPRs is a sore point for many indigenous peoples, not only because of understandable suspicions about the unauthorized appropriation of traditional knowledge, but also because the concept of private ownership of ideas directly contradicts indigenous traditions of sharing knowledge for the benefit of all members of a community. Case Study 3 describes negotiations for access to charr broodstock that failed in large part because of indigenous communities' discomfort with proposals to patent processes for gene mapping. In this example, there was no relationship whatsoever between the IPRs sought by the user and the traditional knowledge held by Inuit communities. What will happen if indigenous communities demand a prohibition on IPRs as a condition for providing consent for access, even though the collector's invention owes no debt to traditional knowledge It's a stalemate that is especially likely to happen during negotiations for access to living creatures as opposed to...

Sharing benefits with communities

Defining the nature, amount and method of delivery of benefits to communities will likely be the greatest challenge of all for both policy makers and those involved in access negotiations. Some laws mention benefits in the most general terms without elaboration others, such as Philippines Executive Order 247, specifically mention benefits such as royalties. From the viewpoint of communities, the drawbacks of limiting benefits to royalties have long been apparent because the likelihood of developing a marketable product from a single collection (at least in the pharmaceuticals field) is so low. The Philippines legislation has been sharply criticized by civil society organizations for providing only for royalties and for not specifying how they will be divided between communities and government. The OAU model law, which appeared three years later, addressed this concern by requiring at least a 50 per cent share for communities.

Breeding of ornamentals

Another distinction between the ornamental and food fish industries is worthy of note. Paradoxically, NGOs that oppose food fish aquaculture because of its environmental impacts may support the culture of ornamental fish because they assume it will reduce the pressure on wild fish populations. However, competition from breeders may have a grave impact on communities where the capture fishery not only provides a primary way of life but also provides the incentive needed to protect ecosystems from more damaging resource uses. Case Study 1, on the cardinal tetra fishery in Brazil, describes just such a situation. In that instance, as Project Piaba might argue, to support the notion of community benefit-sharing negotiations with Florida fish breeders would be to support the destruction of a local community dependent on capture fisheries. In short, there may be a great danger in focusing obsessively on the rights of communities to negotiate benefits from the use of aquatic genetic...

A handout or a hand up Royalties vs nonmonetary benefits

As discussed in Chapter 5, national access and benefit-sharing laws can set the stage for negotiations with communities by requiring their prior informed consent access, but the types of benefits that result will depend on the nature of the negotiations. From the point of view of a company collecting genetic resources, monetary benefits such as royalties may make most sense, but community negotiators will be well aware that royalties rarely materialize at least in the case of pharmaceutical bioprospecting. Communities that hope to achieve tangible benefits of a lasting nature may do better by exploring opportunities for non-monetary benefits.

Case Study 3 An indigenous community says no Negotiating access to charr broodstock in northern Canada

The Northwest Territories Scientists' Act requires consent of local communities before any scientific research is undertaken in the Territory. Enacted in 1974, the Act was one of the earliest examples in a developed country of legislation that reflects emerging international principles for respecting indigenous knowledge and returning benefits to knowledge holders and their communities (Mann, 1997). In 1993, Canadian Inuit concluded negotiations of a land claim agreement with the government of Canada. The Nunavut Land Claims Agreement established principles of Inuit priority in the harvesting of marine resources and of ownership over the resources in Inuit-owned land and marine areas. Several difficult issues emerged during negotiations on the proposal. Local fishermen worried that the sale of genetically improved farmed fish would have a negative effect on markets and prices for wild caught fish (Nunavut Wildlife Management Board, 1998). Icy Waters attempted to allay this fear by...

When the Children Cannot Yet Talk About Friendships

While preschool age children are no longer dependent on rituals to sustain play, their play is still easily disrupted. For example, a pair of children may spend 10 minutes establishing the roles and scripts for a pretend play episode You be the lion and I'll be the little boy who finds you in the forest and then . . . No, I want to be a baby . . . OK, how about you be a baby lion and I'll be the little boy who finds you in the forest and . . . OK, and then when you take me home, you feed me with a bottle . . . If a third child attempts to join, the play negotiations may have to start all over again and may not be successful. If the child attempting to enter the group is a friend, the other children appear more willing to undergo the negotiation process (Howes, 1988b). Children who are rejected by peers (using sociometric measures) but who have reciprocated friendships are more likely to be able to enter play groups because of having friends within the group (Howes, 1988b). Continuing...

Social Experiences

A potentially rich milieu to learn about what others think and feel is the give and take of social interactions within the family. Through discussions, arguments, and negotiations with parents and siblings, children confront a variety of perspectives, both intellectual and affective, that over time may help them discover that other people may view the world differently than they do.

Family Therapy

Family therapy consisted of five sessions, two of which were with only Mr. and Mrs. Layton. This therapy was spread over 3 months. If there was a single most critical aspect of this family's functioning that required urgent attention, it was the marital relationship. Mrs. Layton was disappointed with their lack of togetherness. Mr. Layton did not disagree. He merely stated the obvious, which was his work schedule. This became the focal point of negotiations between them, and agreement was reached that Mr. Layton would keep his weekends free (as much as he could) and that they would try to spend part of each weekday evening together before Mr. Layton retired to his study. As part of their homework, they agreed that they would go out for walks and coffee at least two times before their next appointment.

Royalties

Royalties are the most common currency of access negotiations and the benefit most likely to be required under national laws. From the point of view of collecting institutions, they're the most straightforward and fair means of compensation for the right to collect. Being forced to 'share benefits' before there's any guarantee of benefits to the collector makes no sense from a business point of view and simply puts a damper on research that may benefit both a company and society at large provided something comes out of it. Why give something for nothing Dividing up benefits before there's any proof of the value of a genetic resource, such institutions say, will simply be the thin end of the wedge leading to greater and greater demands from communities caught up in the 'pot of gold' syndrome.