| Recognizing hard bargaining tactics - Extreme claims followed by slow concessions
- Most common of hard bargaining tactics
- Tactical advantage including influencing opponent ssettlement valuation range
- Tactical disadvantage-brings about risk of no settlement
- Commitment Tactics
- One party persuades the other that there is no freedom of choice with respect to a particular issue
- Risks
- If both parties are locked in with no freedom on either side, there will not be a chance for a deal
- Perception of predetermined commitment damages relationships between parties
Take it or leave it offers - One party threatens to end negotiation if offer is not accepted
- Boulwarism- nohaggling
- Exploding offer-take it today or it is gone
- Risk-if both sides play,no deal
Changing the game - Stay with your game-do not let hard-bargainer inhibit you from staying focus on your interests
- Name the game
- Share your perceptions of what the other party is doing."You are essentially saying, take it or leave it."
- Show that you can play the same game."I could report that may client insists on a certain provision....
We can both dig in and play chicken to see who blinks first"
- Initiate a conversation about another process that might work better from the perspective of both parties.
"Instead, I think our shared problem is....What can we do to set up a process to solve this mutual problem?"
Change Players - Change the players by removing certain parties (attorney,negotiator); or
- Add a neutral party to assist
Getting Passed "NO" is another strategy for getting to a mutually satisfactory agreement.
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