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Program on Negotiation at Harvard Law School;

How to Get to the Table

March 7, 2011
Edited by: PON_Staff, filed in: Daily, Meeting Facilitation
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How to Get to the Table

Adapted from “Leading Horses to Water,” first published in the Negotiation newsletter.

The hardest step in negotiation is often the first. Costly lawsuits can drag on if everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management teams sometimes paint themselves into corners by refusing to negotiate “matters of principle.”

Classic negotiation literature has treated getting to the table as a decision-making problem. In their book Getting to Yes, Roger Fisher, William Ury, and Bruce Patton recommend calculating how other parties weigh the pros and cons of negotiating. Someone might refuse to talk because he feels he has nothing to gain. He may have to be enticed with a sweeter bundle of carrots or persuaded that his non-agreement alternatives aren’t as good as he thought.

A study by Jean Poitras, Robert E. Bowen, and Sean Byrne explores the connection between poor relationships and negotiator pessimism. The study finds that people locked in conflict—those who may need negotiation the most—are easily trapped by negative attitudes that deepen perceived differences. The researchers suggest two 
pre-negotiation steps to break the impasse: mitigate poor relationships through cautious acts of trust building and ask a credible third party to perform a cost-benefit analysis of potential settlements. A trusted go-between may help everyone save face and craft an agenda that all deem acceptable.

When outside facilitators or brokers aren’t available or appropriate, stakeholders can get to the table by underplaying the significance of the negotiation. Talks can be termed “exploratory” or “informational”; contentious issues can temporarily or permanently be taken off the table. When emotions run high, getting new faces involved may break the deadlock. Parties also can be assured an easy, graceful exit if progress isn’t made. In short, getting to the bargaining table may itself require deft negotiation.

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2 Responses to “How to Get to the Table”

  1. 3 Insightful Article about Business Negotiation - Negotiation Space on March 9th, 2011 at 2:11 pm  Rate comment:  Add karma Subtract karma  +0

    [...] Business School Program on Negotiation discusses the hardest step of all in business negotiation: “How to Get to the Table.” Many times, because of lack of trust, the parties are unable to sit down and talk to each other. [...]

  2. Times on October 6th, 2011 at 12:14 pm  Rate comment:  Add karma Subtract karma  +0

    How to Get to the Table.
    No matter how good the meal may be without sitting at the table you can not eat. Parties in a dispute have great opportunities to save their relationship, time and money, but the fear of the unknown hinders progress. A neutral third party is certainly key.

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Preparing for Negotiation

Understanding how to arrange the meeting space is a key aspect of preparing for negotiation.  In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiator’s success.  This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School.

 

Guhan Subramanian is the Professor of Law and Business at the Harvard Law School and Professor of Business Law at the Harvard Business School.

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