More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, may offer creative solutions, protection of confidentiality, and preservation of important relationships.
bargaining table
Bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement. Bargaining is an alternative pricing strategy to fixed prices. Optimally, if it costs the retailer nothing to engage and allow bargaining, he can divine the buyer’s willingness to spend. It allows for capturing more consumer surplus as it allows price discrimination, a process whereby a seller can charge a higher price to one buyer who is more eager (by being richer or more desperate). Haggling has largely disappeared in parts of the world where the cost to haggle exceeds the gain to retailers for most common retail items. However, for expensive goods sold to uninformed buyers such as automobiles, bargaining can remain commonplace.
The following items are tagged bargaining table.
Mediation in Transactional Negotiation
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations.
So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
Scott R. Peppet, a professor at the University of Colorado School of Law in Boulder, Colo., reports that mediation may be quietly creeping into transactional negotiation, or traditional deal-making, as well.
Mediation in Transactional Negotiation
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial.
Scott R. Peppet, a professor at the University of Colorado School of Law in Boulder, Colorado, reports that mediation may be quietly creeping into transactional negotiation, or traditional dealmaking, as well. In Peppet’s survey of 122 practicing mediators, 48 reported having been involved in deals ranging from $100,000 to $26 million in value.
Cultural Notes
As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly different negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures.
Researchers do confirm a relationship between national culture and negotiation style and success. An ongoing research project sponsored by Northwestern University’s Dispute Resolution Research Center is exploring the link between process and outcomes – specifically, how cultural tendencies lead to certain process choices, which, in turn, can lead to better or worse negotiation results.
Leading Horses to Water
The hardest step in negotiation is often the first. Costly lawsuits can drag on it 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.”
Accounting for Outsiders in Your Negotiations
If you’re in the middle of talks that seem to be going well, here’s a warning: consider the impact of the agreement on those who aren’t at the table, or suffer the consequences. That’s a lesson that Apple and some of the largest U.S. book publishers are currently learning the hard way.
On April 12, the U.S. Department of Justice (DOJ) sued Apple and five major U.S. publishers for colluding to raise the price of e-books during secretive, anti-competitive negotiations. Three of the publishers have settle the suit; two others and Apple have so far been unwilling to settle.
Finally, A Win-Win Deal from Congress
To the surprise of many, Congress reached a bipartisan agreement on the 17th of February to extend payroll tax cuts and unemployment benefits. It was only the second time a House bill in the 112th Congress split roughly along party lines, according to the New York Times.
Largely regarded as a coup for Congressional Democrats, the bill maintains a two-percentage point payroll tax cut for 160 million working Americans and provides additional unemployment benefits to millions. Republicans had wanted to fund the payroll tax with spending cuts but, facing Democratic opposition, agreed to allow the package to increase the budget deficit. Republicans also reluctantly agreed to extend the unemployment insurance program long past the date they originally sought. Republicans did, however, score concessions from the Democrats, including new limits on unemployment compensation and elimination of the preventative health spending provision of the 2010 healthcare overhaul.
When Others are Counting on You
Unless your official title is “lawyer” or “agent” you probably don’t think of yourself as an agent. But if you’ve ever represented a family member, your boss, your department, or your organization in a negotiation, you’ve served as that party’s agent.
Representing others at the bargaining table creates both opportunities and hazards. In their book, Negotiating on Behalf of Others (Sage, 1999), professors Robert Mnookin of Harvard Law School and Lawrence Susskind of the Massachusetts Institute of Technology offer guidance to negotiators who find themselves serving as agents.
In negotiation, does personality matter?
Imagine that after some negative experiences at the bargaining table, you’ve started to worry that you simply don’t have the right personality to be a great negotiator. The other party always seems to get the upper hand, and you can’t manage to come away with a favorable deal. What can you do to improve, or
Squeeze that orange
Many of us operate under the assumption that any given pie is fixed. More for me means less for you, right? Not necessarily. While you still want to claim your fair share, in many negotiation situations, there exist value-creating opportunities that can be exploited to provide “more pie” to both parties.
This counterintuitive approach is just









