Creighton University School of Law – Werner Institute for Negotiation and Dispute Resolution
There is some research on how to act competitively in distributive negotiation – and a million “tips” on moves and countermoves to make. These are often presented with the words “Always” and “Never”, which should tell you to take them with a grain of salt.
In this paper, I first present a structured approach for preparing for and conducting distributive negotiation. The strategic section is based on the second chapter of Leigh Thompson’s The Heart and Mind of the Negotiation, supplemented with my own commentary and examples.
Next, I provide a list of commonly encountered tactics, and some suggestions on how to employ them or respond to your counterpart’s use of them. The discussion of tactics draws upon four negotiation texts: Leigh Thompson’s The Heart and Mind of the Negotiator; Herb Cohen’s You Can Negotiate Anything; Roger Fisher and William’s Ury’s Getting to Yes; William Ury’s Getting Past No.
This resource aims to provide negotiation teachers and trainers with a convenient teaching resource to supplement classroom activities on this topic.