Page 5 - Becoming a Better Negotiator

negotiators are competitive, both are cooperative, or one is competitive and the other cooperative. We might expect the game to result in lopsided victories for the competitive player who seeks only to maximize his/her share of a fixed goal. However, cooperative does not mean conciliatory so the results may surprise you.
Cooperative negotiators do not seek peace at all costs. Certainly not in civil litigation mediations; if they did, the dispute would have never escalated to the point of litigation. It is said that 80% of all negotiations have elements of both.
All good negotiators and mediators are able to at least explore cooperative alternatives even if they, and their clients, are fiercely competitive. Litigators tend to be on the competitive side of the spectrum, but every negotiation would benefit from careful consideration of alternatives that might benefit both parties.
The best negotiators are competitive, cooperative, AND collaborative. They listen closely and collaborate to create value; they compete for the biggest slice of the pie, and they make compromises when necessary. Recognizing your (and your client’s) natural tendencies -- and your opponent’s -- is an important step to finding the right tone for your negotiation.
The Good Practices, Tactics & Tricks Framework
Dean Hal Abramson makes a distinction between how you want to negotiate (“negotiation style”) and how
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