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Business Negotiation Skills5 Common Business Negotiation Mistakes
In this Special Report, the experts and editors from Harvards Program
on Negotiation offer advice from past issues of the Negotiation
newsletter to help you avoid common pitfalls and build better
relationships and agreements with your colleagues, clients, and those
closest to you. You will learn to:
Identify opportunities to expand the pie of resources.
Take steps to ensure you dont overvalue your assets.Guard against a backlash from less powerful parties.
Gain a keener understanding of what you really want.
Avoid being hurt by overcommitment to a deal.
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Helping you build successfulagreements and partnerships
Program onNegotiationat Harvard Law School
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Negotiation Editorial Board
Board members are leading negotiationfaculty, researchers, and consultantsafliated with the Program onNegotiation at Harvard Law School.
Max H. BazermanHarvard Business School
Iris BohnetKennedy School of Government,Harvard University
Robert C. BordoneHarvard Law School
John S. HammondJohn S. Hammond & Associates
Deborah M. KolbSimmons School of Management
David LaxLax Sebenius, LLC
Robert MnookinHarvard Law School
Bruce PattonVantage Partners, LLC
Jeswald SalacuseThe Fletcher School of Law and Diplomacy,Tufts University
James SebeniusHarvard Business School
Guhan SubramanianHarvard Law School andHarvard Business School
Lawrence SusskindMassachusetts Institute of Technology
Michael WheelerHarvard Business School
Negotiation Editorial Sta
Academic Editor
Guhan Subramanian
Joseph Flom Professor of Law andBusiness, Harvard Law School
Douglas Weaver Professor ofBusiness Law, Harvard BusinessSchool
Editor
Katherine Shonk
Art Director
Heather Derocher
Published by
Program on Negotiation
Harvard Law School
Managing Director
Susan Hackley
Assistant Director
James Kerwin
About Negotiation
The articles in this Special Report were previously published in Negotiation,
a monthly newsletter for leaders and business professionals in every eld.
Negotiationis published by the Program on Negotiation at Harvard Law School, an
interdisciplinary consortium that works to connect rigorous research and scholarshipon negotiation and dispute resolution with a deep understanding of practice. For more
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Mistake No. 1:
Viewing negotiation as a fixed pie
I , why is competition so ofenthe norm, while coop-
eration seems like an impossible goal? Why do we so ofen settle or better than
nothing compromises?
One o the most destructive assumptions we bring to negotiations is the
assumption that the pie o resources is xed. e mythical-xed-pie mindset
leads us to interpret most competitive situations as purely win-lose. O course,
a small percentage o negotiations are distributivethe parties are restricted to
making claims on a xed resource. For instance, i price is the only issue on the
table, your gains come at the expense o the other party and vice versa. Haggling
over a piece o jewelry in a bazaar is one type o distributive negotiation.
But in organizational negotiations, ar more issues than price are typically
involved, including delivery, service, nancing, bonuses, timing, and relation-
ships. For those who recognize opportunities to grow the pie o value through
mutually benecial tradeos among issues, the complexity o such negotiations is
an asset. Tradeos allow you and your negotiating partner to achieve more thanyou would i you merely compromised on each issue. For instance, buyer and
seller negotiating a purchase might both be satised by increasing the order size
and slightly decreasing the price per unit.
Finding tradeos can be easy when negotiators know to look or them, yet
our assumptions about the other partys interests ofen keep us rom this search.
In this NegotiationSpecial Report, we offer expert advice from the Negotiationnewsletter
to help you avoid common mistakes in negotiation and create better agreements. In
this report, you will learn to identify opportunities to expand the pie, value your assets
appropriately, guard against a backlash from less powerful parties, determine what you
really want, and avoid overcommitment to a deal.
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e problem is, we tend to apply the xed-pie mentality too broadly, assuming
that any gain or the other side comes at our expense.
Finding trades.Once negotiators have broken the assumption o a mythical
xed pie, the search or value can begin. To create value, you need to learn aboutthe other partys interests and preerences. e three proven strategies that ollow
will increase your likelihood o uncovering value in the negotiation process.
1. Build trust and share information.e most direct way or parties to
create value is to share inormation in an open, truthul manner. But even in
negotiations within companies, parties ail to ollow this strategy. e value cre-
ated by sharing inormation with your most trusted customers will ofen outweigh
the risk o having that inormation misused. I the two parties can put their
tendency to claim value on hold, they may well be able to share valuable inor-mation about how much each side cares about each issue. On-time delivery is
critical to us, you might tell a representative o a technology consulting rm in a
negotiation over new business. Our old contractor did good work, but couldnt
meet deadlines. Now tell me some o your key concerns.
2. Ask questions. Your goal is to understand the other partys interests as
well as possible, yet both parties may be unwilling to ully disclose condential
inormation. What should you do next? Ask lots o questions! Many executives,
especially those trained in sales persuasion tactics, view negotiating primarily
as an opportunity to inuence the other party. As a result, we do more talking
than listening, and when the other side is talking, we tend to concentrate more
on what well say next than on the inormation being conveyed. Listening and
asking questions are the keys to collecting important new inormation. What
mechanisms does your rm have in place to make sure you meet our deadlines?
you might ask the consulting rep.
3. Make multiple oers simultaneously. Most negotiators tend to put oneoer on the table at a time. I its turned down, they learn very little that will help
move the process orward. Instead, imagine making three oers that are very di-
erent but all equally protable to your side. I the other party rejects all the oers
but is particularly negative about the rst and the last, you have learned whats
most important to them and where potential trades are located. For example,
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afer you learn whats most important to a consulting rm youre talking to,
present three preemptive oers that demonstrate your exibility and your com-
mitment to sealing the deal.
Adapted from Te Mythical Fixed Pie, by Max H. Bazerman
Negotiation,November 2003
Mistake No. 2:
Overvaluing your assets
I rom one city to another and putting your
home on the market. How would you determine the true value o the residence?
Now imagine that you are in the market or the same residence rather than sell-
ing it. How would you determine its value? Do you think you would reach the
same estimate regardless o whether you were the buyer or the seller?
According to basic economic principles, we should place the same value
on an item whether were selling it, buying it, or merely window-shopping. Yet
ew o us behave with such level-headed rationality. Specically, psychological
research shows that sellers typically value their own possessions more highlythan the possessions o others. In negotiation, thats a problem i you need to
make a sale.
Priceless or pseudosacred? Some possessions truly are pricelesswe wouldnt
part with them or any amount o money. Others are virtuallypriceless, or pseu-
dosacred, according to Harvard Business School proessor Max Bazerman. We
might claim that these possessions arent negotiable, but we would consider mak-
ing a trade under certain conditions. Your mothers engagement ring might be
permanently sacred, or instance, but your great-uncles watch may be another
matter when money is tight.
What happens when you decide youre ready to part with a pseudosacred pos-
session? Youll be prone to resist benecial tradeos and compromises and to
respond to counteroers with anger and rigiditynot a recipe or a successul deal.
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Consider what ofen happens when a amilys longtime home goes on the
market. Sacred memories lead amily members to set an irrationally high asking
price or the house. Afer an initial urry o interest, the house sits on the market
or months, even years. Price cuts ail to attract much interest, and a once-beloved
home becomes a source o stress and anxiety.
Your treasure, their trash.Interestingly, we also tend to overvalue ordinary pos-
sessions that have no sentimental value. In a 1990Journal of Political Economy
article, researchers Daniel Kahneman, Jack Knetsch, and Richard aler describe
what happened when they gave ordinary objects such as coee mugs, pens, and
chocolate bars to the college students participating in their experiments. Sudden,
arbitrary ownership provoked participants to value these triing goods more
than other participants did, a phenomenon the researchers dubbed the endow-ment eectin this case, the instantendowment eect.
Contrary to rational economic theory, we seem to view almost anything as
more valuable once it belongs to us. Why? Ownership, like any stroke o good
ortune, is accompanied by the threat o loss relative to the status quo. is loss
aversion can lead us to overvalue our assets and ask too much or them.
4 tough questions for sellers. To overcome loss aversion and put together a
more rational and competitive package prior to your next sale, answer thesequestions as honestly and thoroughly as possible:
1. Would I want it if it werent mine?Once youve made the dicult
decision to part with a possession, imagine how youd react i someone
were pitching it to you. When you put yoursel in a prospective buyers
shoes, the item might not look as appealing.
2. How much is it really worth?Improve your estimate o an items value
by consulting an expert in the eld, such as a nancial adviser or an art,
jewelry, antique, or real-estate appraiser.3. What if it doesnt sell? Imagine what will happen i you are unable to
make a sale afer a month or a year passes. I that wouldnt be a problem,
go ahead and aim high. But i it would cause nancial or other diculties,
rethink your goal.
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4. What other value can I oer? In most negotiations, price should not be
the only issue on the table. I you can provide delivery options, payment
plans, matching rights, or an ongoing relationship to a potential buyer,
you may be able to justiy a higher-than-average price.
Why Your Selling Price May Be oo High, by the Editors
(Reproduced in its entirety.)Negotiation, October 2007
Mistake No. 3:
Going on a power trip
W more than you need him, Take it or
leave it can seem like the simplest negotiating gambit. I a seller is desperate
to unload his business and youre the sole bidder, why not make a rock-bottom
oer? And i youre hiring in a competitive job market, you might as well aim to
keep labor costs as low as possible, right?
Its true that negotiators with abundant power tend to get better deals than
their weaker counterparts. Yet whether their power springs rom a title, resources,
or (most typically) a strong outside alternative to agreement, powerul negotia-tors ofen make a number o predictable and costly mistakes. Most notably, the
powerul are susceptible to underestimating their opponent, overlooking the
other sides perspective and devaluing his concerns.
I someone leaves the bargaining table eeling that youve disrespected or
mistreated her, you may end up the victim o a power backlash. e next time
you think you hold all the cards, prepare to ward o the ollowing three common
reactions to perceived abuses o power.
Power Backlash No. 1: Tey dig in their heels.Powerul negotiators gener-
ally dont devote enough time to considering the other sides point o view,
Northwestern University proessor Adam D. Galinsky and New York University
proessor Joe C. Magee have written in Negotiation. As a consequence, the pow-
erul may ail to anticipate irrational behavior rom their counterparts. When
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conronted with your demands, someone may reuse to concede on principle de-
spite a weak bargaining position.
Heres one example, as reported by Russell Working in the Chicago Tribune.
During 200 contract negotiations with its service employees union, the Congress
Plaza Hotel in Chicago insisted on a salary reeze and the right to subcontract
certain jobs. Blaming a slump in the travel industry or its tough stance, the
independently owned hotel took a gamble that Unite Here Local 1, a relatively low-
clout union, would cave. Yet with their salaries already trailing industry averages,
11 Congress employees, primarily housekeepers and restaurant sta, chose to
strike instead. e hotel brought in temporary workers to replace them.
Four years passed, neither side budged, and the strike became the longest-
running in Chicago history. e constant picket line drove guests away, and the
Congress slashed its rates. For business negotiators, the Congress oers a cau-
tionary tale. e hotel owners underestimated their employees tenacity and
overlooked the unions outside interests. One striker told the Tribune that a ve-
or six-year strike would be a small sacrice or those who had worked at the
hotel or decades.
Power Backlash No. 2: Tey renege on the deal.e greater the power dier-
ential in a negotiation, the more parties tend to ocus on maximizing individ-
ual gain, Notre Dame University proessor Ann Tenbrunsel and Northwestern
University proessor David Messick ound in their research. When you are the
stronger party, that competitive attitude could lead you to coerce your opponent
into accepting a deal she cant ulll. Suppose a big-box retailer tells a sporting-
goods supplier that it must submit a lower bid to retain a contract. Reluctantly,
the supplier delivers a revised bid with a slim-to-none prot margin. It should
surprise no one i the supplier misses delivery targets, sacrices product quality,
or deects to one o the retailers competitors.Even the biggest industry behemoth should be motivated to build trust-
ing business relationships based on more than just a short-term price. To do so,
spend time exploring the other partys vantage point beore talks begin. What are
their outside alternatives and strengths in the broader marketplace? ey may be
more powerul than you think. MIT proessor Lawrence Susskind advises less-
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powerul negotiators to seek an elegant solution that will meet both sides in-
terests. For the sporting-goods company, that might mean proposing to sell new
products to market segments that the retailer wants to bring into its stores. Let
your ellow negotiators know that you are eager to listen to their ideas and brain-
storm value-creating opportunities.
Power Backlash No. 3: Tey take you to court. People tend to hold the pow-
erul to higher ethical and moral standards than they do the weak, Tenbrunsel
and Messick ound in their research. Our legal system does as well. In par-
ticular, says Harvard proessor Guhan Subramanian, the courts may constrain
the actions o the powerul by policing the terms o a deal, reading additional
terms into a contract, or imposing procedural constraints on a negotiation.
In the amous 198 Canadian case Harry v. Kreutziger, a boat owner soldhis boat and accompanying shing license to an individual who knew consider-
ably more than the seller about the local boating situation. e seller settled or
a nominal sum, thinking that his boat was not worth very much. He was right
about the boatbut he ound out afer the sale that the shing license was ex-
tremely valuable. He took the buyer to court and successully reversed the sale.
e judge ound that the seller had been dominated and overborne by the
buyer, who had ailed in his obligation to be air and reasonable in his dealings
with the seller.
e lesson: Because power can inspire resentment, when you hold all the
cards, you must make an extra eort to meet your own airness standards and
abide by the relevant legal rules.
Why Your Next Negotiation Power rip Could Backre, by the Editors
(Reproduced in its entirety.)Negotiation, December 2007
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Mistake No. 4:
Not knowing what you really want
H i your preerred U.S. presidential can-
didate wins the next election? How about i your avorite sports team wins its next
national championship? Now imagine how upset you will be i your candidate
narrowly loses the election or i your team just misses winning the championship.
I youre like most people (and i you care about sports, politics, or both),
you just committed an error in judgment: you overestimated how happy a win
would make you and how devastating a loss would eel.
Across the board, people predict that uture eventswhether a World Series
win, a promotion, or even the death o a loved onewill have a strong, lasting
impact on their happiness, psychologists Daniel Gilbert o Harvard University
and Timothy Wilson o the University o Virginia have ound. Yet when such
events come to pass, they have a lesser long-term eect on happiness than people
expect, a phenomenon that Gilbert and Wilson call the impact bias.
In negotiation, the impact bias can lead us to make mistakes when choosing
what will bring us pleasure or spare us pain, a phenomenon Gilbert has labeled
miswanting. Although miswanting has both pros and cons, overall youll benetrom thinking more careully about what might make you happy.
Emotions, weak and eeting.People overestimate the intensity and duration o
their emotional responses to a wide array o events, according to Gilbert, Wilson,
and proessors George Loewenstein o Carnegie Mellon University and Daniel
Kahneman o Princeton University. In their research, groups o students, voters,
newspaper readers, and job seekers all overestimated their unhappy reactions to
ailed romances, political deeats, upsetting news, and personal rejections, respec-tively. We accurately expect that well be cheered by good ortune and upset by bad
news, but we err in assuming how strong and lasting that mood will be.
Te ups and downs of miswanting. Because our brains are wired to adapt to
changing circumstances, we tend to return to a set level o happiness afer a
boost or a setback, say scholars in the eld o positive psychology. As each new
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achievement becomes ordinary and less pleasurable, we seek out the next one
that we think will bring us lasting happiness.
Does that mean negotiation is a pointless enterprise, one youre doomed to
repeat in an elusive quest or greater happiness? On the contrary: e prospect
o delight and the ear o disaster can be powerul motivators or positive change,
whether that means winning a new contract, getting out o a destructive relation-
ship, advocating or your childrens saety, or nding a better job.
Yet a keener understanding o what will make you happy can help you make
better choices in negotiation. In particular, keep in mind that vivid ears and de-
sires as well as obvious dierences between options are likely to capture your at-
tention. Balance these concerns by actoring other issues that will aect your hap-
piness into the equation. Research shows that money does not correlate strongly
with lasting happiness, or instance, but that riendships and other social ties do.
For negotiators who agonize over hard choices, awareness o the impact bias
can bring solace. Knowing that youre likely to bounce back rom adversity may
ree you to take calculated risks, and overcoming unrealistic expectations may
promote greater long-term contentment.
Adapted from Are You Sure Tats What You Want? by the Editors
Negotiation, July 2008
Mistake No. 5:
Binding yourself too tightly to a deal
Consider these two real-lie negotiating scenarios:
A. An elderly couple put their Boston home up or sale with the plan o moving
into an assisted-living acility six months later. ey receive an oer at their
asking price immediately, afer the buyers agree to delay the closing by six
months. Six months pass, the subprime mortgage crisis descends, and the ap-
praised value o the house drops below the agreed-upon price. Claiming they
cannot secure nancing, the buyers walk away rom the deal, leaving the elder-
ly couple stuck in a buyers market with a lease on a new home.
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B. A telecommuter hires a carpenter to build a workstation or her home o-
ce. e carpenters contract requires payment o 0% upon signing, an ad-
ditional 0% halway through the job, and the nal 20% upon completion.
When the job is done, the woman is dismayed to nd that the cabinets are
misaligned. She calls the carpenter and tells him she wont pay him the nal
20% until he redoes his work. He tells her she can keep her 20%.
You probably caught the common thread in these cases: one party is more
committed (or risks being more committed) to a deal than the other. e Boston
couple were legally bound to the purchase contract, but the potential buyers were
able to walk away. e telecommuter is lef with a shoddy oce, and the carpen-
ter moves on to his next victim.
Researchers have documented the tendency o negotiators to irrationallyescalate commitment to a chosen course o action. A psychological process,
escalation typically occurs in competitive situations such as auctions, strikes,
custody battles, and mergers and acquisitions. When talks get dicult, it can
be easy to conclude that youve invested too much to quit and eel trapped in a
disappointing deal.
As these stories show, escalation o commitment is also a possible trap when
negotiating tactics and contract terms would bind you to an agreement more
than they would bind your counterpart. As these stories also suggest, accepting a
lopsided deal can be a recipe or disaster.
Manage your escalation of commitment. How can you ensure that you and
your counterpart are similarly committed to a deal? Harvard Business School
and Harvard Law School proessor Guhan Subramanian advises you to ollow
these three steps:
1. Play What if . . . ? Beore negotiating, ask yoursel how dicult it would
be to walk away without a deal, both psychologically and economically. Reduce the
potential or escalation by cultivating your best alternative to a negotiated agree-
ment(BATNA). For the elderly couple, this might have meant waiting or any oth-
er bids and negotiating a better deal. e telecommuter might have negotiated with
several carpenters and checked their reerences beore hiring one.
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2. Assess each sides commitment. During your negotiation (and beore
agreeing to a deal), assess each sides level o commitment. Ask yoursel the ol-
lowing questions:
How dicult will it be or me to back out o the deal i conditions change?
How dicult will it be or my counterpart to back out?
What will happen to me i the other side backs out?
3. Level the playing eld. Suppose your answers to these questions suggest
that you would be more committed to the potential deal than your counterpart
would. What should you do?
First, dont assume the other party is trying to take advantage o you. It
could be that your counterpart is simply trying to protect herselfrom escalating
commitment. Most home buyers wouldnt sign a purchase contract without thepossibility o walking away i they couldnt secure a mortgage. Similarly, a car-
penter might insist on upront payments afer being burned by past clients.
Its up to you to negotiate a more balanced dealand to be prepared to walk
away i your counterpart wont cooperate. Begin by pointing out your risk expo-
sure to the other side. What i Im unhappy with the completed work? the tele-
commuter might have said to the carpenter. How can we both be protected?
I the carpenter were condent in his workmanship, he might have been willing
to negotiate inspection rights beore payment o the 0% installment or even de-
erred payment o 80% until afer inspection.
Along these lines, the elderly couple could have insisted on a tighter deal
with respect to nancing or structured a contingency to bind the seller i the ap-
praised value o the home changed signicantly beore closing. A negotiator who
wants to do a deal will listen to you and consider making adjustments. I some-
one wont cooperate, you may need to explore alternatives to the current deal.
Adapted fromAre You Overly Committed to the Deal? by the EditorsNegotiation,April 2008
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