Bạn đang xem bản rút gọn của tài liệu. Xem và tải ngay bản đầy đủ của tài liệu tại đây (552.13 KB, 60 trang )
<span class="text_page_counter">Trang 1</span><div class="page_container" data-page="1">
<b><small>TRƯỜNG ĐẠI HỌC LUẬT TP. HỒ CHÍ MINH </small></b>
Trưởng nhóm: Mai Hương
Lớp : CJL44 Khố: 44 Khoa: Các Chương trình Đào tạo Chất lượng cao
<b>Mã số cơng trình :………. </b>
</div><span class="text_page_counter">Trang 2</span><div class="page_container" data-page="2"><b><small>TRƯỜNG ĐẠI HỌC LUẬT TP. HỒ CHÍ MINH </small></b>
Trưởng nhóm: Mai Hương
Lớp : CJL44 Khoá: 44 Khoa: Các Chương trình Đào tạo Chất lượng cao
</div><span class="text_page_counter">Trang 3</span><div class="page_container" data-page="3"><b>ABSTRACT </b>
Conceivably, up to the present time, our country is progressing more and more, industrial revolution 4.0 has been doing well in three main areas including Digital, Biotechnology, and Physics. As a result, it is required that humans have an amount of discernment, knowledge, and essential skills so as not to be replaced by any kind of machine. It would be a big mistake not to mention negotiation skills - one that requires limitless exploration and learning. It seems to be that this has become an unquestionable fact for new graduates when reading the professional requirements in particular and the essential skills that employers must have in general about any position. any. In essence, negotiation is the process of exchanging and discussing between two or more parties to reach an agreement. The negotiation process takes place when there are conflicts or common concerns, that need to be resolved. In other respects, negotiation is carried out if and only when it is necessary to agree on rights and interests between the parties and it is aimed at resolving conflicts of interest as well as the interrelationship between negotiation and its influence on communication can be clearly seen. As a result, among many factors, research has focused on how negotiation affects how students communicate. In practice, however, coming up with a precise definition and how to apply strategies for successful negotiation is a challenge given the vast amount of literature on the subject. There are almost no scientific works or research papers that deal with this topic specifically and in detail additionally the purpose of the study is to provide general readers with a reference work so that they can better access an objective point of view that is new to many others.
For this reason, research shows not only the most apparent strategies but also the potential positive effects for Law University students to acquire a necessary skill during their studies at the university and in the workplace.
<i><b>Keywords: negotiation skill, communication, strategy of negotiation skills, effects of </b></i>
<i>Negotiation Skills, difficulties in Negotiation Skills, Ho Chi Minh University of Law students’ perceptions</i>
</div><span class="text_page_counter">Trang 4</span><div class="page_container" data-page="4">1.3. Scopes of the Research... 3
1.4. Aims of the Research ... 4
1.5. Research Questions ... 7
<b>2. LITERATURE REVIEW ... 8 </b>
2.1. The Perception of Negotiation Skills ... 8
2.2. Strategy of negotiation skills ... 10
2.3. The Aspect in Negotiation Skills ... 15
2.3.1. Preparation ... 15
2.3.2. Emotions ... 16
2.3.3. Psychological Aspects ... 17
2.4. The Relationship between Communication and Negotiation Skills ... 18
2.4.1. The Communication Aspect in Negotiation Skills ... 19
2.4.2. Types of communication in negotiation ... 21
2.5. Effects of Negotiation Skills on Students ... 22
2.6. The Significance of negotiation skills on Students ... 24
<b>2.7. The Difficulties in Negotiation Skills on Students at HCMULAW ... 27 </b>
5.1 How do negotiation affect students’ communication success? ... 40
5.2 What are the views of students with respect to the effects of negotiation skills on the success of communication? ... 41
5.3. Techniques for assisting the junior and senior students at Ho Chi Minh University of Law in overcoming negotiation obstacles ... 42
</div><span class="text_page_counter">Trang 6</span><div class="page_container" data-page="6"><b>LIST OF ABBREVIATIONS </b>
</div><span class="text_page_counter">Trang 7</span><div class="page_container" data-page="7"><b>LIST OF TABLES </b>
Figures of statements about personal view on the effects of
Figures of statements about personal view on the effects of
</div><span class="text_page_counter">Trang 8</span><div class="page_container" data-page="8"><b>1.1. Background</b>
In today’s globalized world, Vietnam has been trying its best to promote trade exchanges with countries around the world, to be able to do that, it is inescapable to apply a lot of competencies, discernment, wisdom, and knowledge to promote this evolution and one of the momentous skills that play an essential role that cannot be ignored is the negotiation skills. This is considered one of the indispensable skills and has a considerable role in the further development of a country and to be an effective tool to support Vietnam's diplomacy and foreign trade situation as evidenced by After seven years in an effort to finalize the signing of Vietnam and Israel Free Trade Agreement (VIFTA)<small>1</small>, the two countries have officially announced the termination of the negotiation process and preparedness for signing the agreement this year<small>2</small>. From the beginning, negotiation is a strategic discussion aimed at solving an issue in such a way that both parties find an acceptable agreement to achieve their goals<small>3</small>. As a consequence, it has been applied to employment (negotiating salary), and examination (negotiating with lecturers) more and more. In the present day, ameliorating soft skills, especially negotiation skills will give them more opportunities to succeed in their career. There have been many articles and research articles written on negotiation skills, but most of them are based on theory without too many practical examples and how to apply it in daily life. Corresponding to the school's legal English courses, there is a design of negotiation skills content, but in practice, applying the content taught to live is difficult because the amount of hypothetical knowledge students receive is very heavy. As a corollary, students do not have much space to apply that skill in actual existence. For those illustrated reasons, the group of authors decided to choose “The Effects of Negotiation Skills in Success of Communication” as a scientific research topic.
In conjunction with the importance of negotiation skills, the reality of use and known negotiation in recent years in Vietnam necessitates being pointed out also. According to Annual Reports and Information Staff (Annual Reports), “Although there is lots of research work in the field of negotiation, from the perspective of the
<small>1</small><i><small> Oriana, S. M. (2023, 7 17). Decoding Diplomacy: The Dynamics of Peace Talks and Lessons from the Vietnam War. Stanford University. Retrieved August 14, 2023, from </small>
<small>2</small><i><small> Phuc, V., & Huong, H. (2023, April 2). Vietnam, Israel successfully close negotiations toward signing of FTA. </small></i>
<small>SGGP English Edition. Retrieved August 14, 2023, from negotiations-toward-signing-of-fta-post101273.html. </small>
<small> Alfredson, T., & Azeta Cungu. (2022, May 11). Negotiation Theory and Practice A Review of the Literature. </small>
<i><small>EASYPol, 2(179), 10.</small></i>
</div><span class="text_page_counter">Trang 9</span><div class="page_container" data-page="9">effect of negotiation research, little attention has been paid to our country”<small>4</small>. According to statistics, 81.5% of students with good judgment skills who actively participate in group activities right from school will quickly have good job opportunities<sup>5</sup>. The remaining 18.5% are more difficult to find a job. Partly, students do not have the skill of judgment in the interview process and apply suppression to this skill.
Considering deeper into the issue, negotiation skills also affect the communication ability of students. The capability to put into words the surrounding relationships or with people in any situation will change when they are actually in the negotiation process. Perhaps, negotiation does not mean fighting and shouting, instead, it is simply the exchange of one's ideas, thoughts, and opinions with each other. In communication, one might never use derogatory sentences or foul words in his speech. Understanding the power of speech and the way you present your thoughts matters a lot. Do not speak just for the sake of it, haphazard thoughts and abstract ideas only lead to confusion<small>6</small>. One must speak clearly about what is expected from the other person.
<b>1.2. Rationale </b>
The demand of enhancing the quality of negotiation skills usage ability has been more urgent than ever for the reality is whether different purposes, dissimilar benefits, and also maybe multi-spoken languages, cultures, negotiation display in most of the occasions people communicate. With selective strategies in utilizing negotiation skills, acquisition at chances of success could be ensured when communicating in any occurrence.
Historically the word negotiate is derived from the Latin infinitive negotiate meaning “to trade or do business”. This verb itself was derived from another, meaning “to deny” and a noun, meaning “leisure”. Therefore, the ancient Roman businessman would “deny leisure” until the deal had been settled (Curry, 1999, pp. 5). According to Cambridge English Dictionary “the process of discussing something with someone in order to reach an agreement with them, or the discussions themselves”. The term “negotiation” also refers to the process through interaction in which two or more parties, who are in a conflict situation, attempt to reach an agreement with different
<small>4</small><i><small> COE - College Student Employment. (n.d.). National Center for Education Statistics. Retrieved August 14, 2023, </small></i>
<small>from </small>
<small>5 Alfredson, T., & Azeta Cungu. (2022, May 11). Negotiation Theory and Practice A Review of the Literature. </small>
<i><small>EASYPol, 2(179), 10.</small></i>
<small>6</small><i><small> Role of Communication, Personality and emotions in Negotiation. (2021, March 15). indiafreenotes. Retrieved </small></i>
<small>August 14, 2023, from negotiation/. </small>
</div><span class="text_page_counter">Trang 10</span><div class="page_container" data-page="10">(Fowler, 1990). Researchers have defined negotiation but this terminology has no unified definition. However, the most common aspects of negotiation have remained in their definitions.
Achieving success in negotiation can not be made without a specific strategy, one or many strategies can be used at the same time to secure the confirmation of an agreement with mutual trust and cooperation. “Look for Links Across Negotiations”, “Timing and Sequencing in negotiation”, “The use of language”<small>7</small>, “Think positively”, “Thinking about the best & worst outcome before the negotiations begin” and “Preparing to use research the history, past problems or any sensitive points of the other party”<small>8</small> are strategies that are frequently used and in this research, authors chose mentioned tactics to study their effects on students at Ho Chi Minh City University of Law. Astonishingly, negotiations tend to produce a lot of nervousness and restlessness. This leads people to focus on (perceived) threats rather than identify all possible forms of leverage and think expansively about options. When that happens, negotiators are more likely to make poor tactical choices, either giving in to pressure from the other side or inadvertently causing their own worst fears to come to pass thusly a strategic negotiation approach involves more than choosing a cooperative or competitive posture, giving the best strategy. Assessing connections between one negotiation and others with the same party over time (and even with other parties), taking a hard look at whether they’re negotiating about the right things, and focusing on when and how to most effectively engage with the other side will unlock far more value for dealmakers.
<b>1.3. Scopes of the Research </b>
This research focuses on studying the negotiation skills that have been the challenges and predicaments for students at Ho Chi Minh City Law University in the studying process when they are dealing with the amount of presumed knowledge and higher job-related requirements at the same time. After meticulous consideration, junior students and senior students at Ho Chi Minh City University of Law will be the groups to do questionnaires for the following reasons.
Foremost, the chosen topic that this research focuses on is the effects of negotiation on students, particularly when the usage ability of these skills leads to success in communication. A group of junior and senior students are a possible choice for the surveys and could achieve the best results since they are equipped with a comparatively complete amount of knowledge relating much closer to the chosen
<small>7</small><i><small> What's Your Negotiation Strategy? (n.d.). Harvard Business Review. Retrieved August 14, 2023, from </small></i>
<small> </small>
<small>8</small><i><small> G. Doye, D., O. Love, R., & R. Hyer, T. (1984). Negotiation Strategies. Oklahoma Cooperative Extension </small></i>
<small>Service. </small>
</div><span class="text_page_counter">Trang 11</span><div class="page_container" data-page="11">topic, compared to freshmen and sophomores. Furthermore, they have scrutinized a few subjects related to this skill, such as “Negotiating and drafting skills”, correspondingly they partly understand the nature of how a negotiation will take place and what is the most successful in negotiation. This group also has more chances to utilize negotiation skills when they start to work as an intern in any organization.
Subsequently, as a prestigious educational institution, Ho Chi Minh City University of Law is well-known for specializing in training leading legal personnel in the southern region of Vietnam and students who graduate from university not only work for state agencies but also private enterprises at home and abroad. As a result, the reputation and prestige of Ho Chi Minh City University of Law as the most obvious witness can prove the quality of the students.
<b>1.4. Aims of the Research </b>
In the ancient history of human society, when a community began to have a division of labor, each person produced a type or group of goods. The separation of labor is one of the necessary conditions for the formation of commodity production. Employees in society are divided among different occupations, this will create differentiation of labor and lead to specialization in production. At the present time, negotiations have not manifested but the needs of consumers are many, so it is imperative to have an exchange with each other. Until human society gradually developed, individual needs increased to be able to get different goods to serve the needs of interchange, and people must conduct exchanges. In exchange, usually each person tries to gain a lot but only loses a little, so to be able to harmonize the interests of the parties, one must negotiate with each other. From there, negotiations began to emerge.
In the age of information explosion like the 21st century where people are living, dedicating and working hard, when almost all jobs are solved by negotiation and exchange, negotiation really becomes essential and indispensable. Successful negotiation requires the skillfulness, talent, experience, good proficiency and acumen of the participants. Harvard Business School Professor Michael Wheeler literally wrote the book on the art of negotiation, because negotiation is an essential skill for your life and your career<small>9</small>. The art of negotiation approach helps us view negotiation not only from the perspective of something that can be learned but also as something that can be honed through experience. Just as the greatest jazz musicians have mastered their ability to riff off of one another, so too must a negotiator master her
<small>9</small><i><small> (…). (n.d.). (…) - Wiktionary. Retrieved August 14, 2023, from </small></i>
<small>science/?sh=6dbe247b4006. </small>
</div><span class="text_page_counter">Trang 12</span><div class="page_container" data-page="12">to lead laterally while at the bargaining table. Simultaneously, both propositions apply in negotiation, as well, according to Michael Wheeler's new book, The Art of Negotiation: How to Improvise Agreement in a Chaotic World. As the title suggests, he sees negotiation as an art rather than an exact science “It's not just science, it's art”<small>10</small>. This means that these are necessary skills to support people, especially students, to have more chances to succeed in every aspect that needs these skills. Each person is negotiating for something every day, as well as encountering it every day in life, at work. For instance, negotiate with your boss about a salary increase; achieve an agreement to buy goods and services at the desired price; settle a lawsuit and there are many other things that force people to apply for negotiation.
Someone once said that “The real world around us is a giant negotiating table. Negotiations can happen in conferences, on tables, out in the light (negotiate to regain peace and independence among millions of people to regain independence for the country), and in the dark (negotiate important matters of a country. For example, in the past, our Vietnamese people in the wars of resistance against France or the United States negotiated with the colony when our country was in the darkest, most tragic situation)”, negotiate political, diplomatic, military, and business to other delicate relationships. There are more and more situations that need to be negotiated. It can be said that our life is simply a lifelong negotiation. Everyone wants to participate in making decisions that affect themselves, very few people accept a decision judged by others.
In society today, based on the job market's needs in Vietnam, find out the influence of negotiation skills on students, especially law students. There have been many enterprises that need a team that has the ability to think and negotiate on important issues by way of illustration in a job description of Mc & Baker McKenzie Company - one of the leading renowned law firms. The proficiency that this company pays great attention to when recruiting employees or interns is negotiation skills. Besides, it is elaborating thinking ability, knowing how to turn around when the other party gives a contrary opinion. Simultaneously, as most perceive, the students did not realize the importance of negotiation skills on their communication skills. The communication between relationships in real life is simply words of a social nature notwithstanding when we have learned how to negotiate in all aspects, your ability to communicate will also be evident through words, the flow of conversation, how to lead the listener to the story we want to tell and the inherent confidence.
<small>10</small><i><small> Shonk, K., Salacuse, J., Phillips, M., & SanPietro, L. (n.d.). What is the Art of Negotiation? - PON. Program on </small></i>
<small>Negotiation at Harvard Law School. Retrieved August 14, 2023, from of-negotiation/. </small>
</div><span class="text_page_counter">Trang 13</span><div class="page_container" data-page="13">the first issue, at this point in time, students do not have many opportunities to access negotiation skills. Typically, in several University environments, students have a lot of limitations because they only learn about negotiation skills on words and paper without much space to demonstrate and practice these skills, negotiations happen anywhere and it affects the way you communicate with everyone even on the tiniest issues. Additionally, especially Law students, whether you have an internship in any environment with or without legal involvement, they will ask you for negotiation skills. Typically the rate of students graduating from school who can not find an occupation to their chosen field of study according to industry and trade magazine statistics is very high “According to statistics of the Center for Training Support and Human Resource Supply (Ministry of Education and Training), every year more than 400,000 bachelors graduate. Despite the fact that the unemployment figure is close to 20%”, also according to statistics from the Ministry of Education and Training, in 2021, “when applying for a job, only more than half of graduates will be able to work in the right industry. The remaining 25% is only related to the training industry, and even 19% is not related to the training industry. According to the statistics of the Ministry of Labor, War Invalids and Social Affairs, in the second quarter of 2022, the recruitment trend of the labor market for university graduates is 49.7%, and college and intermediate level is 49.7%. 30.5%; Meanwhile, the demand for job seekers with university degrees is 61.1%, college and intermediate level is 33%”. As a result, part of the insufficiency of knowledge, the rest is without the prerequisite skills, typically your negotiation skills and how to communicate with employers. In other respects, the educational newspaper “The Start” mentioned that “The uncertain job market and the belief that a university degree does not guarantee a bright future are some of the reasons school-leavers decide not to continue their tertiary education. A survey I conducted among graduates who were in employment and those who were looking to get hired revealed that many of them failed to secure a good job due to their lack of communication skills”. The authors also found another study about the inability to recruit workers due to the lack of communication and negotiation skills “Contemporary surveys of business confidence report that the availability of suitably qualified employees has remained the number one constraint on business expansion’ (Australian Chamber of Commerce and Industry 2006)<small>11</small>. But even in times of relatively high unemployment, employers frequently cite skills shortages as one of the business difficulties they face. Eventually, research about “The Effect of Skill Shortages on Unemployment and Real
<small>11</small><i><small> Sue Richardson. (2018). What is a skill shortage (Vol. 2). National Institute of Labour Studies, Flinders </small></i>
<small>University. </small>
</div><span class="text_page_counter">Trang 14</span><div class="page_container" data-page="14">Wage Growth<small>12</small>: A Simultaneous Equation Approach” shows the impact of skill shortages on the performance of firms. At long last, as a student still sitting at school, students should explore and practice more necessary skills - especially negotiation skills. By the same token, the authors hope that by the definition, influence, impact, and data provided by the author team, negotiation skills will be widely and widely used and can augment in the market.
Stemming from the goals stated above, the research questions that the authors have struggled to look for interpretation to are:
- How to apply negotiation strategies and help students have a better understanding of the importance of negotiation?
- How to make an impact from negotiation skills on communication for students - What are the results after students apply negotiation skills?
<b>1.5. Research Questions </b>
The team carried out the research in terms of the influence, awareness, and understanding of students on negotiation skills. Regarding the aspects of negotiation skills, the conceptual framework has shown the diversity in the definition, strategies, and interpretation of negotiation skills and the application of these skills to achieve communication success simultaneously communication will promote students to become more self-assuredness not only in job and study but also in the process of negotiating with relationships and issues that arise around them.
The main issue basically revolves around “How to apply this skill and make an impact on student communication in the University environment?”. It is obvious to figure out some basic and fundamental obstacles, the research includes six main parts below:
To begin with, are the specific concepts of negotiation skills afterward that the students do not clearly understand the impact and influence of negotiation skills. The fourth mentions the opportunity for students to experience this skill and there is not a specific subject that proposes or teaches students about negotiation, but only minor issues that appear in the lessons that students have been taught by the lecturer. Eventually, states that the influence of the Information Technology era makes students have bad habits. Thereby affecting the ability to communicate through the use of complicated applications available and this makes most of the negotiations unproductive and completely passive compared to the other party.
With the fact-finding mindset of these issues, the team intends to conduct the survey in two distinct directions in order to approach the issues holistically. The
<small>12</small><i><small> Gavin Wallis (2022). The Effect of Skill Shortages on Unemployment and Real Wage Growth: A Simultaneous Equation Approach. Office for National Statistics.</small></i>
</div><span class="text_page_counter">Trang 15</span><div class="page_container" data-page="15">questionnaire was created and designed as a useful tool for finding and collecting invaluable data including.
- How to practice negotiation skills and make students college have a better understanding of the crucial of negotiation?
- How to improve students' communication abilities via negotiation skills?
- What are the consequences after students practice negotiation skills?
Based on analyzing actual data from research subjects, the research team gives an overview, makes objective comments based on the actual situation, the team researchers covered in the research included footnotes, negotiation, and communication success in terms of negotiation skills and effectiveness.
<b>2.1. The Perception of Negotiation Skills </b>
The world is ever-changing and, in every profession, negotiation skills are a momentous part of our daily work. Some people are natural at negotiating and negotiations to come to them without effort. For others, it is a challenge, however, that does not mean negotiation cannot be learned ergo books on negotiation had a big breakthrough in the 80s and became an essential part of demonstrating advice, tactics, and strategies. These books were full of examples of academic and celebrated negotiators who showed how to become successful negotiators so someone can say that the art of negotiating is an essential skill for every profession.
Various definitions have been proposed for negotiation, most of which carry a similar emphasis. For instance, according to the definition of Harvard, the process by which two or more parties come to a mutually beneficial agreement<small>13</small>. Each side has what the other wants, and in return can give the other what the other needs. Negotiation is a process as there are several steps to successfully concluding a negotiation. During the negotiation, both sides explain to each other what they can offer the other side and why both sides will offer before they agree on a deal.
In this day, against the backdrop of the emerging global society where people contact and networking are a day-to-day phenomenon, the negotiation field has attracted attention from scholars and practitioners from diverse disciplines, including sociologists, behaviorists, lawyers, anthropologists, and economists (Langović-Milićević, Cvetkovski, & Langović, 2011). Definitions written by researchers reflect how negotiation has been made in their field. Whether it displays in professional careers, negotiation still remains to carry some similar emphasis
<small>people-to-13 Shonk, K., Subramanian, G., SanPietro, L., Salacuse, J., Scheuritzel, R., Zapata, K., Susskind, L., Green, A., & </small>
<i><small>Beaumont, B. (n.d.). What is a Negotiated Agreement? - PON. Program on Negotiation at Harvard Law School. </small></i>
<small>Retrieved August 14, 2023, from </small>
</div><span class="text_page_counter">Trang 16</span><div class="page_container" data-page="16">compare to what people usually think about it. Fowler defined negotiation is a combination of various principles, states that “Negotiation is a process of interaction by which two or more parties who consider their need to be jointly involved in an outcome, but who initially have different objectives, seek by the use of argument and persuasion to resolve their differences in order to achieve a mutually acceptable solution<small>14</small>.” Mark Anstey (1991, p91) is of the opinion that conflict provides the rationale for negotiation between individuals and groups. The conflict is the result of limited resources or opposing interests, even though certain interests may be shared. The parties engage in communication and joint action, to achieve a mutually acceptable agreement, without resorting to arbitration or judicial processes.
When analyzing these definitions, it becomes apparent that most authors view negotiation as a process between opposing, but interdependent parties<small>15</small>. Negotiation is a peaceful process and excludes arbitration or other judicial processes. Negotiation is an intrinsic part of any kind of joint action, problem-solving, and dispute resolution, and may be verbal, nonverbal, explicit, implicit, direct, or through intermediaries.
Professor Michael Wheeler once said “Enhancing your negotiation skills has an enormous payoff,”, “It allows you to expand the pie, and create value, so you get more benefits from the agreements that you do reach. It also, in some cases, allows you to resolve small differences before they escalate into big conflicts”<small>16</small>. It depending on fundamental negotiation principles, groundbreaking scientific research. More specifically, for example, this program will help you enhance personal gains in negotiation, while simultaneously sustaining these important relationships<small>17</small>.
Not only relationships with teachers but also having to deal with our friends, since business transactions between friends can be fraught. Close ties are generally founded on the expectation that we’ll look out for each other’s welfare and not “keep score”. In business relationships, by contrast, we expect to be compensated based on how much effort, time, and money we expend. Negotiators are likely to experience a clash between these two sets of norms when doing business with their friends. It's more difficult to negotiate with people that you have strong emotional ties for several reasons: They can do things to you that others outside of your inner domain could
<small>14</small><i><small> Alan Fowler. (1990). Negotiation: Skills and Strategies (Vol. 2). Institute of Personnel Management. </small></i>
<small>15 SanPietro, L., Shonk, K., Subramanian, G., Sebenius, J. K., Salacuse, J., Scheuritzel, R., Fairfield, W., Green, </small>
<i><small>A., Beaumont, B., Bazerman, M., & Susskind, L. (n.d.). What are Negotiation Skills? - PON - Program on Negotiation at Harvard Law School. Program on Negotiation at Harvard Law School. Retrieved August 14, 2023, </small></i>
<small>from </small>
<small>16</small><i><small> Miller, K. (2023, May 11). 6 Negotiation Skills All Professionals Can Benefit From. HBS Online. Retrieved </small></i>
<small>August 14, 2023, from </small>
<small>17</small><i><small> Miller, K. (2023, May 11). 6 Negotiation Skills All Professionals Can Benefit From. HBS Online. Retrieved </small></i>
<small>August 14, 2023, from </small>
</div><span class="text_page_counter">Trang 17</span><div class="page_container" data-page="17">never do. Moreover, during negotiations with loved ones and friends, they will tend not to negotiate as stringent as you might with people that don't fall into these categories.
Even in most of our business negotiations, we try to drive a hard bargain, giving away not a penny more than is necessary even as we strive to ensure that our counterpart is satisfied with their own outcome. However, figuring out who get what is rarely easy, but creative solutions to problems in negotiation do exist.
During the Covid-19 pandemic, several collaborative negotiation examples have emerged in the realm of tenant-landlord. When Ho Chi Minh city went on lockdown in the spring of 2021, even prosperous retailers suddenly teetered on the edge of disaster. Forced to close their doors, they wondered how to pay their rent. Although staff have to think about how to negotiate with their co-worker, people likely focus on negotiations over salary, responsibilities, and workload. But negotiating with their chairman can also set you up for success in negotiations outside your organization.
Many of people have been frustrated by a superior’s involvement in a negotiation, whether because they micromanaged talks, contradicted our strategy, or didn’t give us the authority needed to sign off on a deal<sup>18</sup>.
Negotiation is a dialogue between two or more people or parties, aimed at reaching a settlement of differences or reaching an agreement in the outcome of the dialogue, in order to create an agreement and negotiate for the benefit. individually or collectively and produce results that satisfy the different interests of the two parties involved in the negotiation process.
<b>2.2. Strategy of negotiation skills</b>
It can be seen that, whether we are buying a house, negotiating a contract at work, or bargaining with friends to see a movie, people often decide among an array of options through exchanges with others. Synonymously, negotiation helps us enhance our thinking ability, thinking of a multi-dimensional problem. To put it simply, people go to the market, they pay the price of the item with the saleswoman, that is the negotiation process, so it clearly that negotiation is not just between the directors of companies, or the heads of state. Based on the mentioned examples and theories above, the goal of skill development in negotiation is to teach everyone how to create something new that neither party could achieve independently so that they can resolve complex problems through bargaining.
Initially, a number of empirical studies carried out in the past years have started examining the different ways in which people behave during negotiations, in order to
<small>18</small><i><small> Miller, K. (2023, May 11). 6 Negotiation Skills All Professionals Can Benefit From. HBS Online. Retrieved </small></i>
<small>August 14, 2023, from </small>
</div><span class="text_page_counter">Trang 18</span><div class="page_container" data-page="18">find out what is and is not effective. Basically, there are many strategies applied to perform these skills which can help students understand the structure, usage, importance; the necessity of negotiation skills and further analysis of aspects of these skills.
There are a variety of strategies when mentioned in negotiation, including “Look for Links Across Negotiations”, “Timing and Sequencing in negotiation”, “The use of language”, “Think positively”, “Thinking about the best & worst outcome before the negotiations begin” and “Preparing to use research the history, past problems or any sensitive points of the other party”
The researchers believe that should be found in “Look for Links Across Negotiations”. Accordingly, negotiators focus only on the value as well as the results they will get in return which makes them weaker in the negotiation process. In the meantime, analyzing links across multiple negotiations can spot many similarities in life between things related to the issue we are negotiating and what is referring to the content that most of the negotiations are interconnected<small>19</small>. This example might be a good case in point: a negotiation between an employer and a student - final-year students apply to work at the company during an allowance increase negotiation. In the past, with what they have contributed as interns and with their strengths and essential skills. They demand their boss to give them a raise, and the connection here comes from the fact that in the past they have strived a lot for this job. From this point of view, when implementing this strategy, it is necessary to use information and understanding to link information to find common ground for better results in negotiations.
One major strategy that can be mentioned, the research team believes that considering the impact of Timing and Sequencing in negotiation is necessary. Another problem is also considered to be equally prominent: Many people seek to speed up or slow down negotiations to put pressure on the other side and extract concessions. But pressure tactics often backfire. Thus, there is probably a lot of risk going on when they randomly increase or decrease the speed with the other negotiator. In some cases, when negotiating, if the speed is too sudden, too fast, or too slow, it can lead to emotions that make the words and words become not fluent, or anxious. Subsequently, slowing down makes the other side feel insecure, not thinking clearly about the negotiation. From this point, careful consideration of how the other side is likely to respond should guide when to accelerate, slow down, or pause a
<small>19</small><i><small> Contract negotiation strategies | nibusinessinfo.co.uk. (n.d.). NI Business Info. Retrieved August 15, 2023, from </small></i>
<small> class="text_page_counter">Trang 19</span><div class="page_container" data-page="19">
negotiation<small>20</small>. Because of that it can be seen that time affects many aspects in a negotiation such as outcome, psychology and perception. In general, we should arrange it in a specific order so that the negotiation process can be successful and beneficial<sup>21</sup>. “In negotiation, pressures are assumed to influence both the processes and the outcomes of the discussions. Correspondingly this paper meta-analytically combined different forms of time pressure to examine its effects on negotiator strategy so high time pressure was more likely to increase negotiator concessions<small>22</small>. For instance, in a negotiation with friends about an outing, people should keep to a certain style, do not speak too fast nor speak too slow and might follow a certain sequence. First, give reasons why we should choose this location, then the results for both and to convince the other side to choose this location.
With regard to common strategies used for negotiation, it can be clearly seen that
<b>the use of language is also one of the necessary strategies of negotiation. Primarily, </b>
in order to determine the thesis of the necessity of this matter, it is fundamental to have the answer to the relevant question of why the language is chosen by strategy. The important capacity that language has is its power to realize or actualize some speaker or writer’s idea, impression, attitude or emotion. Substantially, “Successful negotiators separate business from personal, facts from feelings. They avoid letting an unpleasant personality or style drag down the negotiations. They also avoid making the negotiations seem personal by using language such as “I believe” or “I think,” focusing instead on statements of fact. If we pay this price, both parties to the venture will be at risk” (Sanjeev Bagal, 2016). Language about negotiations includes “Language awareness – meant to highlight language that is relevant in negotiation”. For example, when students negotiate with each other about a subject - Labor Law, students must use specialized languages and particular laws related to the issue being negotiated such as Labor, labor force, and remuneration and students have to know what the topic they are negotiating is in order to use the appropriate language. Otherwise, do not use subjective words - “I personally think it is correct”, but have to look at it more multi-dimensionally and objectively. As a matter of fact, in negotiation language is the way that we give arguments to prove your point of view has more superior points and more advantages through selected and applied words.
<small>20</small><i><small> How Timing Can Influence the Anchoring Effect - PON. (2023, May 2). Program on Negotiation at Harvard </small></i>
<small>Law School. Retrieved August 14, 2023, from negotiation-its-all-in-the-timing-nb/. </small>
<small> Măgureanu. (2020). Negotiation Skills: An Objective Of The Legal English Course Negotiation Skills: An Objective Of The Legal English Course (2nd ed., Vol. 1). PRACTICAL BUSINESS NEGOTIATION. </small></i>
<small>22</small><i><small> Marco Pinfari. (2011). Effective Personality Profiles In Negotiation According To The Myers-Briggs Type Indicator. Hendrieka Truter. </small></i>
</div><span class="text_page_counter">Trang 20</span><div class="page_container" data-page="20">Another strategy that is considered to “work effectively well in this strategy” can't be ignored, think positively. Nonetheless, many negotiators underestimate themselves because they do not perceive the power, they have inside of themselves accurately. More specifically, in some negotiating situations, you have more power than you think. To some extent, we believe that the other party needs what you bring to the table as much as you want the negotiation to be a success. One major solution that can be mentioned is positivity is visible during the negotiation. As John F. Kennedy implied “Let us never negotiate out of fear”. Whosoever enters a negotiation will think a lot about the other party, always asking themselves the question "Is the other party using other tactics? or Whether the other side is better than me or not?”. It can be seen that if people think positively, they will perform better in your negotiation because they will see things in an upward direction, know what they need to do, and control themselves as “How to argue ideas to convince the other party?”. Due to the stated point of view, emotions are also a factor that greatly affects the negotiator and feelings may be more important than talk, particularly in a bitter dispute. Congruently, recognize and understand emotions, both theirs and yours, and make emotions explicit–talk about them–and acknowledge them as legitimate. Over and above, listen quietly without responding to attacks and encourage the speaker to continue until he or she has said everything he/she wants to say, do not react to emotional outbursts, as it may lead to arguments which hinder negotiations”. (DG Doye, Negotiation Strategy, 2004).
Another strategy is referred to as thinking about the best & worst outcome before the negotiations begin. When negotiating in any case or problem, do not be upset if things do not go your way. In most cases, as long as you know the highest and lowest expectations of each party and Steven R. Covey (2013) has mentioned: “Before starting something, set an objective to work towards and set an expected outcome after it is over”. Forasmuch, when it comes to negotiating too, setting an objective will show what people really want through this negotiation (it could be winning yourself by being more confident when participating in the negotiation). Otherwise, why people do not think ahead about the outcome? If fail, what will people do, continue or stop this negotiation? But if people succeed, what will people do next? Setting an outcome not only helps people not to feel surprised by the outcome that will happen, but also this is a way to motivate them to try harder, and strive to be able to show their best when participating in the negotiation process. To give an example, when students negotiate with their teachers about the issue of changing the exam schedule. Firstly, students should think of the best outcome if they negotiate successfully, which is to move the exam date to another session. On the contrary, the
</div><span class="text_page_counter">Trang 21</span><div class="page_container" data-page="21">worse outcome is the teacher will protest if this negotiation fails. Thereupon, once we have set ourselves the best and worst outcomes, no matter what the outcome of the negotiation, people will not be surprised by it.
The last strategy is considered to be preparing to use research the history, past problems, or any sensitive points of the other party. First and foremost, the more knowledge people have about the situation of the other party, the better position be in to negotiate. It is assumed that an important part of preparation is Practice! The study of negotiation is like golf or karate. “A third problem arises when you engage in so little negotiation preparation that you don’t know what you want. In this case, negotiators often view the other party’s good-faith proposals with suspicion or disappointment” (Katie Shonk 2022). Therefore, it is advisable to prepare all documents and information of the negotiating partner before entering the negotiation. At this juncture, those who people are about to negotiate with, have the most basic information and relevant documents possible in the past, where they have been, and the relationships they have come into contact with. A good example of this noticeability in practice is in negotiating supplier contracts, it's vital that you know your supplier well. Research the company and the people you're dealing with to gain a better understanding of your position in the negotiation. Henceforward, have thorough research from the past to the present, the most basic information about them, as well as the important key points when negotiating that people think, are essential to the other party plus this is also one of the strategies that show people preparation when they enter a negotiation.
These are strategies that the authors think is really necessary in the negotiation process and lead to a beneficial negotiation for both parties. “While the discussion presented in this paper discusses win-win (integrative) and win-lose (distributive) bargaining as separate issues, negotiations usually occur along a continuum that ranges from nearly pure win-win to nearly pure win-lose. An understanding of approaches for managing conflict, together with an understanding of the level of concern for your own and the other’s outcome (and an understanding of the other party’s concern for their own and your outcome), provides a framework for developing effective negotiation strategies” (Irwin McGraw-Hill, 1999).
</div><span class="text_page_counter">Trang 22</span><div class="page_container" data-page="22"><b>2.3. The Aspect in Negotiation Skills 2.3.1. Preparation</b>
There are three types of negotiators:
<b>First and foremost, the hard negotiator is a negotiator who only focuses on his own </b>
goals and puts his own interests first without caring what the other side thinks<sup>23</sup>. This form of negotiation, also known as positional negotiation, is often accompanied using pressure, intimidation, or even manipulation to achieve one's demands. This type of negotiation is only applicable in situations of competition, conflict of interest, or two sides with different views and goals. Thus, hard negotiators will be those who lack flexibility and creativity, easily lose relationships and trust, are likely to fail because they only focus on their interests and requirements, cannot find a common voice, and spend a lot of time and effort negotiating. A specific example is in the case of negotiation between friends. A and B are friends, A wants to negotiate for B to let him join the study group. On the A-side, A gave his strengths, and the values A brought, but demanded that A be respected and many things when A entered group B. On the contrary, B required A to have excellent achievements and more requirements than that. Both sides negotiate in a tough spirit, with no flexibility and unwillingness to give in. In the end, the negotiation was unsuccessful, and the two sides could not continue to cooperate in this real estate project any attempt to reach an agreement has been exposed by the tough stances of both sides.
Secondly, a soft negotiator is a negotiator-friendly approach, focused on avoiding conflict, making concessions easily to reach an agreement, building trust, and maintaining a good relationship. Among other things, friendly negotiation will not focus on achieving personal interests but will focus on understanding, listening, and respecting each other's opinions to choose a solution that meets the common interests that both parties feel satisfied. The soft interlocutor will be someone who has trust in the other party, creates understanding and the ability to listen to the other party, encourages creativity and finds win-win solutions, increases the likelihood of reaching an agreement in a short time, builds a positive negotiation environment and creates a foundation for future cooperation. For descriptive purposes, a student shopping at a clothing store, both parties are negotiating the price and quality of the clothes, also because the clothing store realizes that it is important to maintain a long-term relationship with this student, they decide to use soft negotiation. Instead of just focusing on the target price, the store listens and learns the requirements and desires
<small>23</small><i><small> Doye, D. G., Love, R. O., & Hyer, T. R. (n.d.). Negotiation Strategies | Oklahoma State University. Oklahoma </small></i>
<small>State University Extension. Retrieved August 15, 2023, from strategies.html. </small>
</div><span class="text_page_counter">Trang 23</span><div class="page_container" data-page="23">customers and they try to sell at a fair price. During the negotiation process, the store also offers the benefits that the buyer can gain from buying multiple products: service incentives, support, or the opportunity to expand the store... By using soft negotiation, the store creates a positive exchange environment, building trust with the buyer as a student. As a result, both parties are able to reach a good agreement, not only on price but also on terms and mutual benefits that both parties are satisfied with. This means that soft negotiation is based on the starting point of concessions, a pleasant atmosphere, and views of partners as friends to create a foundation for building a long-term relationship, not focusing on economic benefits.
Finally, the principled negotiator is one who seeks a win/win solution. It is considered a win/win solution is not a compromise wherefore it is the creation of a solution that satisfactorily addresses the rights and interests of each party. Hence, it might have concluded that when entering into a negotiation, one of the key steps is Preparation. However, while preparation is crucial, people need to remain open and flexible. When negotiating, always ensure that there is a precise agenda set ahead of the meeting, that knows exactly who will be in the delegation from the other party together with they know what to say, what to do according to the prepared agenda so that they are not flustered and distracted.
In terms of your attitude and mindset, the below are important to keep in mind:Negotiators are the first people to ensure that you cultivate a good working relationship based on respect and trust. Separate the relationship from the substance of the negotiation and please respect each other (from both sides) in negotiations because “when you respect others, you also respect yourself" and trust both sides. On the other side, negotiation is not a space to determine winners and losers, but a place for two parties to come up with views, concluded and benefit together.
</div><span class="text_page_counter">Trang 24</span><div class="page_container" data-page="24">4. Always ensure that you do not leave the person waiting if the meeting is taking place at your offices. Also, greet the person yourself rather than having a secretary usher him/her in.
Good negotiators elicit the following conversations with the other party.1. The “What happened/is happening” conversation.
2. The “Feelings” conversation. 3. The “Impact” conversation.
The important thing is people might listen attentively, with an open, unbiased mind. Sometimes it’s difficult to do this because people have their ideas and views as to what happened and the “Feelings'' conversation may make you defensive, or even make you feel angry or offended. At all times, ensure that people maintain focus on the interests of the other party, rather than the position taken by him/her. For this reason, keep leading the conversation back to the interests of the other party and their “how and why”, till you have fully understood them. Also, keep in mind that there are two issues:
1. The current issue itself (substance)
2. The relationship (you need to ensure that the ongoing relationship not only is not harmed but improved by the negotiation, ensuring that future negotiations will have positive outcomes)
Emotional control generally brings positive consequences for negotiations and they are more likely to lead the parties toward more integrative processes; create a positive attitude toward the other side; promote persistence in addressing issues and concerns in the negotiation; and set the stage for successful subsequent negotiations. In the bargain, positive emotions frequently result from procedural aspects of the negotiation process, such as fair procedures during negotiation or favorable social comparisons.
Negotiation greatly affects a person's emotions, in the event that the negotiation does not go as expected, people will feel frustrated and not really have enough capacity to negotiate. From there, experiences have created self-deprecating psychology for people and prevented them from believing in their knowledge as well as their abilities. Resultantly, people have to manage their emotions so that they can listen better; listening, understanding, deep, and enough rely on a lot of listening to be touched at that time.
<b>2.3.3. Psychological Aspects</b>
It would be remiss not to mention some of the psychological considerations involved in (transactional) interactions during negotiations. The term Transactional
</div><span class="text_page_counter">Trang 25</span><div class="page_container" data-page="25">Analysis (TA) was coined by Eric Berne, a psychiatrist, who wrote the book “Games People Play”, with a follow-up book “What Do You Say After You Say Hello”.
Currently, in terms of psychology in Vietnam, there have been many cases under the name "Psychological Manipulation". This can be seen as a form of psychological abuse, excessive influence on others through mental distortion, and psychological and emotional abuse with the aim of obtaining the power, control, interests, or privileges of the victim. It is seen as the behavior of psychological control of others, forcing them to conform to their thoughts and desires. Currently, some negotiators may deliberately use tactics to manipulate the other party. For victims of psychological manipulation: They will not be able to regulate their behavior, their psychology will not follow their natural emotions and will and they do things that they cannot distinguish right from wrong, emotions, confused perception, everything they do is influenced by other people. this being the case, people would need to ensure that they
<b>persist in holding ground and always speaking only conscious state. </b>
<b>2.4. The Relationship between Communication and Negotiation Skills</b>
Communication is a two-way street that requires everyone involved to exchange messages. Especially when the parties want to negotiate, communication is an essential skill. Furthermore, it includes acts of exchanging knowledge and experiences, giving advice and commands, and asking questions. These acts may take many forms, in one of the various manners of communication.
Negotiation as a communication process, can be characterized by common properties:
1. There are two or more parties and a conflict of interest among these parties. 2. The conflict can be resolved by an agreement, which is accepted by all parties. 3. There is a mutual dependency between the parties, one needs the other and vice versa.
3. The parties communicate because they want a better agreement instead of simply accepting what the other side will voluntarily give them.
Reduced to its essence, negotiation is a form of interpersonal communication and communication processes, both verbal and nonverbal, are critical to achieving goals and to resolving conflicts. Both sides communicate, express language verbally, and communicate with each other with eyes and gestures so that the other side can understand the problem.
Negotiation can occur in a variety of forums, and each forum requires the use of numerous communication tools. According to the dictionary English, communication is simply the act of transmitting or conveying information. By the way, negotiation depends a lot on the information. More specifically, the more information one can
</div><span class="text_page_counter">Trang 26</span><div class="page_container" data-page="26">get, the better his/her position to negotiate. When negotiating, both parties involved usually prefer to keep certain information private. Still, because each side wants to obtain some information and conceal other information, communication can become very complex. A lack of communication between parties leads to breakdowns and misunderstandings added to without ongoing communication, there is also the risk of impasse and deadlock. In such a way, open communication aids mutual understanding and this in turn leads to better long-term agreements between parties.
In the process of negotiation, communication functions to coordinate results and exchange information. Then, depending on the purpose the parties will express strategic intentions and tactical actions to each other.
However, communication processes vary according to the formality of the negotiation situation, and communication in negotiation focuses on: Substantive issues communication between parties is interpreted or translated where the focus is split on both the speaker. The authors’ own experiences in negotiation conferences reveal some significant differences in the nonverbal behavior of participants compared with their behavior in face-to-face communication with the intention of great negotiators being great listeners. They do not do a lot of talking and spend much of their time asking smart questions and concentrating on the answers. Furthermore, they also take their time responding to what they have heard as opposed to reacting in an unnecessarily adversarial fashion. The psychological benefit of being a good listener is that the person to whom one is listening tends to be more cooperative and understanding in reaching a solution to the problem.
<b>2.4.1. The Communication Aspect in Negotiation Skills</b>
Effective communication is directly proportional to negotiation, the better the communication is the better the negotiation would be<small>24</small>. Alongside, negotiation does not mean fighting and shouting, instead, it is simply the exchange of one’s ideas, thoughts, and opinions with each other. One needs to have excellent communication skills for a healthy and effective negotiation and communication is an art and one should master it to excel in all kinds of negotiation with the addition of the other person will never come to know about your thoughts and ideas unless share them with them whence they might not see your gray matter, it depends a lot on how you speak. Cannot deny that, negotiation is how they improve their communication and that's when people know how they should talk, behave, and use words to suit this situation.
For example, Olivia wanted to purchase a pen for himself. She was unsure about the price the shopkeeper quoted and found it a little too high. Olivia wanted him to
<small>24</small><i><small> Role of Communication in Negotiation. (n.d.). Management Study Guide. Retrieved August 15, 2023, from </small></i>
<small> </small>
</div><span class="text_page_counter">Trang 27</span><div class="page_container" data-page="27">reduce the price of a pen. But Olivia lagged with good communication skills and whatever she spoke only confused the shopkeeper. She kept on cribbing and pleading which further irritated the shopkeeper and he refused to entertain Olivia further. Olivia wanted to buy the pen, but her only mistake was she did not speak in a convincing manner. Had she spoken clearly and explained to the shopkeeper why the price of the pen should be a little less than what he had quoted, the pen would have been her. In this case, the negotiation was not fruitful as nobody gained anything.
Effective communication is important in salary negotiations as well, it expresses your salary expectations clearly in front of the recruiter<small>25</small>. For instance, when you want your salary to be more than what he has quoted, mention it very clearly but politely, here are the tips you can consider. To begin with, you might have to try your level best to convince the recruiter because you need a salary hike and probably.
Eventually, learning to be a bit tactful, such as in the style, accent, the pronunciation is also important, and do lay emphasis on words that you feel are important<small>26</small>. Once and for all, if you are not satisfied with the offer, it’s better to decline it but in a very polite way.
Effective communication is of prime importance in business deals also. The terms and conditions must be mentioned clearly for better transparency and don’t try to hide anything from the second party. It’s always better to depend on written modes of communication like emails, letters, documents, or agreements for better reliability. Use corporate terminologies, and professional jargon, and might not use irrelevant if they come to know that you are nervous, they would try to sit on your head and the deal would never be in your favor. You might need the job badly but don’t let the other person know about it instead of be very confident and show a positive attitude. Whenever you are going for a negotiation, don’t forget to carry your smile because lashes your million-dollar smile but does not laugh unnecessarily or crack silly jokes in between. Exchange greetings and compliments to break the ice.
In the process of negotiating and communicating with the other party, people should sit straight, and do make eye contact with the person sitting on the other side of the table. People might concentrate on the negotiation and not look here and there, it will shows your confidence and strong.
Negotiation is no rocket science, the target audience might be very clear about their expectations and interests; express the same clearly, convince the other party, and come to something acceptable to both. Alongside this, do not say anything which
<small>25</small><i><small> Role of Communication in Negotiation. (n.d.). Management Study Guide. Retrieved August 15, 2023, from </small></i>
<small> </small>
<small>26</small><i><small> Role of Communication in Negotiation. (n.d.). Management Study Guide. Retrieved August 15, 2023, from </small></i>
<small> </small>
</div><span class="text_page_counter">Trang 28</span><div class="page_container" data-page="28">might hurt the other person and be very polite in your speech, involve everyone in the discussion, and decide in favor of all the participants for effective negotiation.
<b>2.4.2. Types of communication in negotiation</b>
To begin with, Verbal communication is the exchange of information between individuals, between individuals and groups through speech. At the same time, this is also one of the ways to communicate between employees and superiors, between colleagues, between friends, between students and teachers, and between children and parents. Perhaps, speech is very prominent because speech is a means for us to communicate in language between people. Through words, people exchange work to find solutions, present their views, express their thoughts and feelings, and express their presence. Simultaneously words express a person's thoughts, thoughts, feelings, love, attitudes, and responsibilities in his or her position. Of course, each of us can say what we want, and depending on the situation, our role, and the object use words as a means of communication accordingly. Considering the fact speech is a means of communication, it always has a strong influence on the listener. Consequentially, the effectiveness of verbal communication in a negotiation depends upon the ability of the speaker to encode thoughts properly and on the ability of the listener to understand and decode the messages.
Language operates at two levels: the logical level and the pragmatic level (semantics, syntax, and style). The researchers focus on logical attributes instead of semantic or style attributes. A negotiator's word choice, tone, tempo, and inflections may not only signal a position but also shape and predict it.
A substantial portion of our communication is nonverbal. Perhaps, experts have found that every day we respond to thousands of nonverbal cues and behaviors including postures<small>27</small>, facial expressions, eye gaze, gestures, and tone of voice. From our handshakes to our hairstyles, nonverbal details reveal who we are and impact how we relate to other people likewise non-verbal communication is anything that is not words. Examples of non-verbal communication include vocal cues or paralinguistic cues; facial expressions; eye contact; interpersonal spacing; posture; body movements; gestures; touching, etc.
Nonverbal Communication is shown a lot in negotiation, the first is typically the expression of language by facial expressions even more, just think how much information can be conveyed through a smile or a frown<small>28</small>. Furthermore, a person's
<small>27</small><i><small> Cherry, K. (2023, February 22). 9 Types of Nonverbal Communication. Verywell Mind. Retrieved August 15, </small></i>
<small>2023, from </small>
<small>28</small><i><small> Miller, K. (2023, May 11). 6 Negotiation Skills All Professionals Can Benefit From. HBS Online. Retrieved </small></i>
<small>August 15, 2023, from </small>
</div><span class="text_page_counter">Trang 29</span><div class="page_container" data-page="29">facial expression is often the first thing we see, even after we've heard what they have to say. In negotiation, when talking about an issue, if the other side's opinion is contrary to yours, your facial expression will change and everyone will easily recognize it, you do not need to say it, just show it through your own face. The second is body language, in negotiation body language is expressed a lot. When it comes to any issue the way you cross your arms, and use your hands to narrate an idea is also how you are communicating information to the other person. Finally, the eyes play an important role in nonverbal communication and such things as looking, staring, and blinking are important nonverbal behaviors. In the context of the negotiations, people also use eye gaze as a means to determine if one is being honest. Normal, steady eye contact is often taken as a sign that someone is telling the truth and is trustworthy. Shifty eyes and an inability to maintain eye contact, on the other hand, is frequently seen as an indicator that someone is lying or being deceptive. For example, when students in school discuss a problem with each other. In addition to using verbal language, they will use gestures, eyes, and expressions to express to the other person what they want to express.
Last but not least, people negotiate through a variety of communication media: over the telephone, in writing, and increasingly through such electronic channels as e-mail and teleconferencing systems, instant messaging, and even text messaging. It is important to recognize the context of the negotiation and select a communication channel that maximizes the potential for value creation and agreement. Sometimes, however, there is little option to choose a channel. In such a case, it is important to be aware of the general hurdles that any communication channel entails. For instance, there is a piece of evidence that negotiation through written channels is more likely to end in an impasse than a negotiation that occurs face-to-face or by phone and e-mail negotiators reach agreements that are more equal than face-to-face negotiators. Negotiating through information channels also has many benefits such as fast time, convenience, convenience in any place, and easy answers. Besides, the downside of this is the common risks such as low-tech people - can't use these means, and when sending information, it is not sure whether the other party has received the information or not. Supplementarily, negotiators using e-mail need to work harder at building a personal rapport with the other party if they are to overcome the limitations of the channel that would otherwise inhibit optimal agreements or fuel impasse.
<b>2.5. Effects of Negotiation Skills on Students </b>
Negotiation can be considered a skill that assists individuals or teams to obtain an agreement based on their interests. Ultimately, what we do when we negotiate is to attempt to influence others to accept our way and sometimes it succeeds, and
</div><span class="text_page_counter">Trang 30</span><div class="page_container" data-page="30">sometimes it did not achieve the target. Coupled with any skill when influencing or having an impact on people leaves negative and positive effects.
For each student, negotiation affects a lot, especially in terms of emotions, communication, thinking, and mindset. It can be said about the positive of negotiation skills when it affects students - especially students of Law University. Firstly, negotiation will be an essential and extremely important soft skill. Besides you acquired this skill as a student, they can use it to participate in academic competitions related to negotiation or students can use it to negotiate with friends while doing assignments, discuss in class and negotiate with teachers to change the schedule. In addition, when they graduate, negotiation is also one of the skills that every business needs in the job description when enterprises want to recruit interns or employees. Secondly, negotiating will help them ameliorate your ability to communicate with people and the influence of negotiation skills on thinking is huge. It not only trains students how to organize ideas in their thoughts to express them but helps them have more ideas. More deeply, it is how to use words, choose the right language, and how to use body language when discussing. This can help you get better grades in class presentations and make a stronger impression on your teachers. Finally, a current student at the Ho Chi Minh City University of Law should know how to negotiate so that they can apply it to work later. When students practice in a law office or in court, they must have this skill taking into account that it will help them protect their client, negotiate with the other party for mutual benefits and find the most suitable solution. Last but not least, negotiation is also one of the tools to protect you from bad external influences. For example, in life, you will need to apply this skill to help yourself and protect yourself. Negotiating a job offer, asking for a raise, making the case for a budget increase, buying and selling property or equipment, and closing a sale with a customer are just a few examples of the many deals you might be involved in. Outside of professional settings, you are likely to flex your negotiation skills in your personal life, too.
On the negative side, if students do not understand the definition of the two words "Negotiation", it is easy to get attached to the negative things that it brings. If students think that negotiation is simply an argument, and what they care about is winning, people are wrong. As a result, they will become sensitive when negotiating and defy all sorts of tricks to mislead the other party. Moreover, they will let their emotions dominate and negotiations to the point where they cannot reconcile themself and this leads parties to escalate the conflict; or lead parties to respond and may thwart integrative outcomes.
</div>