This negotiation strategy involves drawing the line in the sand up front in the negotiation process. Thus, a satisfactory point of resolution is set. The negotiator communicates it to the opponent. Then the negotiator refuses to bargain further. This forces the opponent to consider accepting the offer or living with the consequences.Negotiation Strategy #2: Concealing the Settlement Point
This negotiation strategy involves concealing this price which is an acceptable resolution. This can result in the opponent offering more than they should and it avoids disclosing weaknesses in the negotiators position or beliefs.
Negotiation Strategy #3: Inducing the Opponent to Start the Bargaining
This negotiation strategyinvolves cajoling the opponent into starting the bargaining process. By inducing the opponent to start the bargaining, the opponent may reveal the “general ballpark” for which he may settle. The skilled negotiator will realize that the opening shot may be fired high of the mark - usually double what the real settlement point is.
Negotiation Strategy #4: Appearing Irrational
This negotiationstrategy involves appearing to be irrational. Irrational is different than appearing crazy. Irrational refers to appearing to be indifferent to rational pleas. This sends the message to the opponent that he will have to make greater concessions to satisfy the negotiator than what he would do to satisfy a rational person.
Negotiation Strategy #5: Blaming the Client
This negotiation strategy involvesthe negotiator siding with the opponent to a degree. This is similar to negotiating by appearing irrational. This negotiation strategy can put the attorney or negotiator in the place of being rational, but being constrained by a client that is impervious to rationality.
Negotiation Strategy #6: Using a Mediator
This negotiation strategy involves using a third party who is neutral to thesubject. Using a neutral mediator can cut through all of the concealing of settlement points and irrationality that that the above techniques afford. This often allows the parties to find middle ground.
Negotiation Strategy #7: Appealing to the Merits or Posturing
This negotiation strategy involves appealing to the merits of one’s case. Appealing to the merits or posturing involves letting theopponent know the facts and law that is advantageous to the negotiators position. Then it involves emphasizing an unwavering belief of success if the issue goes to trial. This is similar to the “take it or leave it” approach.
Negotiation Strategy #8: Throwing Self at Opponent’s Mercy
This negotiation strategy explains itself. It involves throwing oneself at an opponent’s mercy. it is usuallyreserved for peculiar situations where the negotiator has little or no bargaining strength and opponent doesn’t seem cold-blooded enough to take absolute advantage. If the negotiator is daring, he can do this to play on sympathies and to get the opponent to reveal his settling point by making a generous offer. Then the daring negotiator can say, “Well that doesn’t really seem fair, I was thinkingmore of ______!”
Negotiation Strategy #9: Inducing the Opponent to Bargain Against Himself
This negotiation strategy involves telling the opponent that his first offer wasn’t even in the ballpark and then encouraging him to make a more realistic bid that is even less favorable to him.
Negotiation Strategy #10: Forcing Two Opponent’s to Bargain Against Each Other
This negotiationstrategy often involves phantom bidders who are bidding against each other. This can lure the opponent into conceding points and arriving at an agreeable resolution.
Negotiation Strategy #11: Flattery and Clubbiness
This negotiation strategy involves flattering the opponent. This negotiation strategy helps the opponent to make more concessions in an atmosphere of dignity.