Chapter 2

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CHAPTER

TWO
Strategy and Tactics of
Distributive Bargaining
Three Reasons Negotiators Should Be
Familiar with Distributive Bargaining
1. Independent situations require knowing how this works in
order to do well
2. Need to know how to counter the effects of the strategies
3. Every situation has the potential to require skills at the
“claiming-value” stage

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The Distributive Bargaining Situation
 Goals of one party are in fundamental,direct conflict to
another party
 Resources are fixed and limited
 Maximizing one’s own share of resources is the goal for both
parties

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The Distributive Bargaining Situation
Preparation—set a
 Target point, aspiration point
 Walkaway, resistance point
 Asking price, initial offer

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The Distributive Bargaining
Situation
Party A - Seller

Walkaway Point Target Point Asking Price

Initial Offer Target Point Walkaway Point

Party B - Buyer

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The Role of Alternatives to a
Negotiated Agreement
 Alternatives give the negotiator power to walk away from the
negotiation
 If alternatives are attractive, negotiators can:
 Set
their goals higher
 Make fewer concessions
 If there are no attractive alternatives:
 Negotiators have much less bargaining power

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The Distributive Bargaining
Situation
Party A - Seller

Walkaway Point Target Point Asking Price


Alternative

Alternative
Initial Offer Target Point Walkaway Point

Party B - Buyer

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Fundamental Strategies
 Push for settlement near opponent’s resistance point
 Get the other party to change their resistance point
 If settlement range is negative, either:
 Get the other side to change their resistance point
 Modify your own resistance point
 Convince the other party that the settlement is the best
possible

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Keys to the Strategies
The keys to implementing any of the four strategies are:
 Discovering the other party’s resistance point
 Influencing the other party’s resistance point

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Four Propositions That Suggest
How the Keys Affect the Process

1. The higher the other party’s estimate of your cost of delay or


impasse, the stronger the other party’s resistance point will
be.
2. The higher the other party’s estimate of his or her own cost
of delay or impasse, the weaker the other party’s resistance
point will be.

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Four Propositions That Suggest
How the Keys Affect the Process

3. The less the other party values an issue, the lower their
resistance point will be.
4. The more the other party believes that you value an issue,
the lower their resistance point may be.

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Tactical Tasks of Negotiators
 Assess outcome values and the costs of
termination for the other party
 Manage the other party’s impressions
 Modify the other party’s perceptions
 Manipulate the actual costs of delay or
termination

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Assess the Other Party’s Target, Resistance
Point, and Costs of Terminating Negotiations
 Indirectly
 Determine information opponent used to set:
 Target
 Resistance points
 Directly
 Opponent reveals the information

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Manage the Other Party’s Impressions
Screen your behavior:
 Say and do as little as possible

Direct action to alter impressions


 Present facts that enhance one’s position

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Modify the Other Party’s Perceptions
 Make outcomes appear less attractive
 Make the cost of obtaining goals appear higher
 Make demands and positions appear more or less attractive to
the other party – whichever suits your needs

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Manipulate the Actual Costs of
Delay or Termination
 Plan disruptive action
 Raise the costs of delay to the other party
 Form an alliance with outsiders
 Involve (or threaten to involve) other parties who can
influence the outcome in your favor
 Schedule manipulations
 One party is usually more vulnerable to delaying
than the other

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Positions Taken During
Negotiations
 Opening offer
 Where will you start?
 Opening stance
 What is your attitude?
 Competitive? Moderate?
 Initial concessions
 Should any be made? If so, how large?

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Positions Taken During
Negotiations
 The role of concessions
 Without them, there is either capitulation or deadlock
 Patterns of concession making
 The pattern contains valuable information
 Final offers (making a commitment)
 “This is all I can do”

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Commitments: Tactical
Considerations
 Establishing a commitment
 Three properties:
 Finality
 Specificity
 Consequences

 Preventing the other party from committing prematurely


 Their commitment reduces your flexibility

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Ways to Create a Commitment
 Public pronouncement
 Linking with an outside base
 Increase the prominence of demands
 Reinforce the threat or promise

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Commitments: Tactical
Considerations
 Ways to abandon a committed position
 Plan a way out
 Let it die silently
 Restate the commitment in more general terms
 Minimize the damage to the relationship if the other backs off

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Closing the Deal
 Provide alternatives (2 or 3 packages)
 Assume the close
 Split the difference
 Exploding offers
 Deal sweeteners

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Dealing with Typical Hardball
Tactics
Four main options:
 Ignorethem
 Discuss them
 Respond in kind
 Co-opt the other party (befriend them)

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Typical Hardball Tactics
 Good Cop/Bad Cop
 Lowball/Highball
 Bogey (playing up an issue of little importance)
 The Nibble (asking for a number of small concessions
to)

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Typical Hardball Tactics
 Chicken
 Intimidation
 Aggressive Behavior
 Snow Job (overwhelm the other party with information)

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Summary
Negotiators need to:
 Set a clear target and resistance points
 Understand and work to improve their BATNA
 Start with good opening offer
 Make appropriate concessions
 Manage the commitment process

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