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5 Good Negotiation Techniques
5 Good Negotiation Techniques
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2. Anchor the dicuion with a draft agreement. Due to a widepread deciion-making heuritic known a the anchoring
ia, firt documented pchologit Amo Tverk and Daniel Kahneman, the peron who make the firt offer in a
negotiation i likel to wa the dicuion in her favor. Firt offer tend to erve a powerful anchor, even for
experienced profeional negotiator. To make an even igger impact, ou might tr opening utantive negotiation
with a draft agreement, or tandard-form contract, prepared with our legal counel and an relevant deciion maker
from our team. Though uch draft aren’t alwa appropriate, the can increae our influence over the negotiation,
according to Tuft Univerit profeor Jewald alacue. A tandard-form contract not onl ue the anchoring ia to
our advantage ut could ave oth ide time and mone, making thi one of the negotiation technique that could reall
e worth tring.
3. Draw on the power of ilence. In negotiation, a in an dicuion, we tend to ruh in to fill an uncomfortale ilence
that arie with peruaion technique and counter-argument. That can e a mitake, according to Harvard uine
chool and Harvard Law chool profeor Guhan uramanian. After our counterpart peak, allowing a few moment
of ilence to ettle can give ou time to full aor what he jut aid. “ilence give ou the ailit to dampen our
intinct for elf-advocac and amplif our intinct to liten,” according to uramanian. ilence can alo help ou
defue our own tendenc toward the anchoring ia. If a counterpart drop an outrageou anchor, “our tunned ilence
will far more effectivel defue the anchor than heap of proteting would,” a uramanian.
4. Ak for advice. Profeional negotiator often aume that aking the other part for advice will conve weakne,
inexperience, or oth. ut in fact, in one recent tud, participant rated partner who aked them for advice to e more
competent than partner who didn’t ak for advice, rook, Wharton chool profeor Maurice chweitzer, and Harvard
uine chool profeor Franceca Gino found. When we ak for advice, we flatter the advier and oot her elf-
confidence, the reearcher dicovered. o, conider taking opportunitie to ak our counterpart for advice when ou
trul need it. Not onl are ou likel to enefit from the advice, ut ou ma trengthen the relationhip in the proce.
5. Put a fair offer to the tet with final-offer aritration. When negotiating to end a dipute under the hadow of a lawuit,
ou might find ourelf frutrated a counterpart’ eeming inailit to make or entertain reaonale, good-faith offer.
How can ou come to a ettlement that’ fair to oth ide in uch an adverarial negotiation? One promiing ut
underued tool i final-offer aritration (FOA), alo known a aeall aritration, according to Harvard uine chool
profeor Max H. azerman. In FOA, each part umit it et and final offer to an aritrator, who mut elect either of
the two offer and not an other value. Partie ma not appeal the aritrator’ deciion. When partie agree to ue FOA,
their offer tpicall ecome reaonale, a the now have an incentive to impre the aritrator with their
reaonalene. In Major League aeall, where FOA i availale, uncertaint aout what an aritrator might decide
uuall motivate plaer and team to come to agreement in contract dipute. The next time ou are in a dipute with
omeone ou elieve i eing unreaonale, conider uggeting FOA, recommend azerman. If he ha een luffing,
he likel will repond to our uggetion with a much more reaonale offer. If he take ou up on our offer, ou hould
have confidence in our ailit to impre the aritrator with our reaonalene.
What do ou think aout thee negotiation technique? We would love to hear from ou in the comment.
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Comment
All are ver good and eail applied technique. Thank ou!
Aking for advice could e o unexpected for the opponent to lock him/her (What i ehind thi?). o, ou need to e
careful/genuine.
RPLY
I appreciated the anchoring advice and would like to hear more on thi topic. TW, our Negotiation coure wa excellent
and I am recommending it to friend.
RPLY
I agree with Valentin, aking for advice i oth ueful and trategic!
RPLY
I think the part that ugget to reort to FOA i confident that the aritrator will likel chooe hi offer. ither that or he
could e luffing o that the other part would rather make a reaonale offer intead of reorting to FOA.
RPLY
“aeall aritration” — if it’ inding, and a eparate aritrator hear no evidence, wh would anone accept/umit to
it? If it’ non-inding wh would anone pend more mone and time on it?
If the partie wanted neutral evaluation to egin, there are option for that.
On the other hand, if the mediator ecome the aritrator in a inding proce, doen’t that compromie the
confidentialit and neutralit of the prior mediation? A a mediator, I hope that all ide will full dicloe to me their
poition and their cae anale, and I encourage them all to do o.
Who would offer thi information to an aritrator?, I wouldn’t, a either attorne or a part, (and although,in m role a an
aritrator, I wih everone would, it’ not required and it can’t e ordered).
Pleae, help me etter undertand the ethic and effectivene of “aeall aritration,” within the framework of
mediation.
RPLY
Drawing the power of ilence i a ver elegant technique. I met experienced negotiator who ue ilence in a ver
intelligent wa, either to cool the mood or to puh the anxiet to it counterpart at the tale.
RPLY