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bargaining with the devil

What is Bargaining With the Devil?

Program on Negotiation Chair Robert Mnookin’s book “Bargaining with the Devil” uses eight conflicts drawn from history and his own professional experience to offer a framework that applies equally to international conflicts and everyday life.

Negotiations can sometimes feel like you are bargaining with the devil. In those instances, negotiators face the difficult question of whether to continue to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner.

At one time or another, most of us have faced the prospect of bargaining with the devil—whether a “greedy” sibling, an “evil” ex-spouse, or an “immoral” company. There is no right or wrong answer to the question of whether to negotiate with a person or group you consider to be your enemy. In general, however, most people decide too hastily to walk away from such talks.

Choosing categorically never to negotiate with an enemy is typically a mistake, because negotiation can be so effective in ending a protracted conflict. Often the first step in bargaining with the devil, is for us to learn how to “de-demonize” your counterpart.

The next challenge is to analyze the costs and benefits of bargaining with the devil as rationally as possible. This process involves answering the following key questions:

1. Interests: What are my interests in the negotiation? What are my adversary’s interests?

2. Alternatives: What are my and my adversary’s alternatives to negotiation?

3. Potential negotiated outcomes: Are there any potential deals that could satisfy both sides’ interests better than our alternatives to negotiation?

4. Costs: What costs will the negotiation entail (including financial, time, and reputational costs)? Might the negotiation set a bad precedent?

5. Implementation: What are the odds that we will be able to implement any deal we might reach?

This framework should add more clarity to the decision of whether or not to engage with an enemy.

Discover how to handle difficult people and challenging conversations in this free special report, Dealing with Difficult People, from Harvard Law School.

 

The following items are tagged bargaining with the devil:

Best Negotiators in History: Nelson Mandela and His Negotiation Style

Posted by & filed under International Negotiation.

The late Nelson Mandela will certainly be remembered as one of the best negotiators in history. He was clearly “the greatest negotiator of the twentieth century,” wrote Harvard Law School professor and former Program on Negotiation Chairman Robert H. Mnookin in his seminal book, Bargaining with the Devil, When to Negotiate, When to Fight. … Read More

“No One is Really in Charge” Hostage Taking and the Risks of No-Negotiation Policies

Posted by & filed under Crisis Negotiations.

In the business world, we sometimes are tempted to avoid negotiating with people or groups we view to be immoral, untrustworthy, or simply unlikable. Imagine a counterpart who works in a business that you believe to be immoral, someone who has a reputation for gossiping about colleagues, or a longtime client who routinely falls back on hardball … Read More

Dear Negotiation Coach: What Happens When a Business Contract Falls Apart?

Posted by & filed under Business Negotiations.

We recently received a question from a reader regarding a business contract conflict. Robert Mnookin, Williston Professor of Law at Harvard Law School, chair of the Program on Negotiation, and author of Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2010), explains that you may have more options than it … Read More

Negotiating with the Enemy

Posted by & filed under Dealing with Difficult People.

Should negotiating with the enemy always be off the table? The 2014 Bergdahl exchange offers insights for negotiators who are deciding whether to do business with a known enemy. On May 31, 2014 the White House made the surprise announcement that the Taliban had released Sergeant Bowe Bergdahl, the sole American prisoner of war in the … Read Negotiating with the Enemy

Moving Toward Group Conflict Resolution

Posted by & filed under Conflict Resolution.

Over the years, what many believe to be Jesus’s tomb in Jerusalem’s Old City has been the site of tensions that have at times escalated into violence. Inside the Church of the Holy Sepulchre, Greek Orthodox, Armenian Orthodox, and Roman Catholic communities guard the shrine surrounding the tomb, which they consider the holiest site in … Read Moving Toward Group Conflict Resolution

How to Negotiate with Difficult People: International Negotiation, and a Refusal to Communicate

Posted by & filed under International Negotiation.

Business negotiators sometimes face the difficult question of whether to negotiate with someone they believe to be immoral, untrustworthy, or otherwise undesirable as a negotiating partner. In his book Bargaining with the Devil: When to Negotiate, When to Fight (Simon & Schuster, 2011), Program on Negotiation chair Robert Mnookin offers negotiation advice on the complex … Read More

Conflict Management and Negotiating When Pride is at Stake

Posted by & filed under Conflict Resolution.

The fallout from Iceland’s financial crisis offers a case study in dealing with those who have suffered a significant blow to their self-esteem. In late 2008, Iceland teetered on the edge of bankruptcy following the collapse of its three largest banks. Since becoming independent of the government in 2002, the banks had pursued a strategy … Read More

Dealing with Difficult People – In and Outside of Congress

Posted by & filed under Dealing with Difficult People.

In business negotiations, we sometimes face the task of dealing with difficult people—those who seem to pick fights, hold offensive views, or rely on hard-bargaining tactics. Some of us naturally turn away from such difficult negotiations. Others choose to try to overlook or overcome the flaws they see in potential negotiating partners. … Read More

Today’s Middle East and Israel’s Elections: What is at Stake?

Posted by & filed under Daily, Events, Middle East Negotiation Initiatives.

The Program on Negotiationat Harvard Law School is pleased to co-sponsor the Harvard Hillel’s second Riesman Forum on Politics and Policy Today’s Middle East and Israel’s Elections: What is at Stake? with Ambassador Dennis Ross William Davidson Distinguished Fellow The Washington Institute for Near East Policy Professor Gabriella Blum Rita E. Hauser Professor of Human Rights and Humanitarian Law Harvard Law School Moderated by Professor Robert H. Mnookin Samuel Williston … Read More

Crisis Negotiations: Program on Negotiation Chair Robert Mnookin Joins Guest Panel on CNN Tonight to Discuss the Release of Bowe Bergdahl

Posted by & filed under International Negotiation.

CNN Tonight host Dan Lemon recently featured Program on Negotiation Chair Robert Mnookin along with fellow Harvard Law School professor Alan Dershowitz, storied commentator Anne Coulter, and Peter Bergen, CNN national security analyst, for a panel discussion regarding the recent exchange of Taliban prisoner for US soldier, Bowe Bergdahl. The night’s discussion centered on whether or … Read More

Program on Negotiation Faculty On How To End the US Government Shutdown

Posted by & filed under Conflict Resolution.

The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table. Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More

PON Film Series Event: My Neighbourhood Screening with Julia Bacha, Just Vision

Posted by & filed under International Negotiation, Middle East Negotiation Initiatives, PON Film Series.

The Program on Negotiation at Harvard Law School and the Middle East Initiative at the Harvard Kennedy School are pleased to present a screening of “My Neighborhood,” a new Just Vision documentary. A panel discussion will be held after the screening with Julia Bacha, director/producer of My Neighbourhood. … Read More

Professor Mnookin participates in panel discussion on Shalit deal

Posted by & filed under International Negotiation, Middle East Negotiation Initiatives.

Hostage negotiations are challenging in any situation, but the Israeli-Palestinian prisoner exchange involving Gilad Shalit in 2011 was more challenging than most.  Learning lessons from this exchange was the topic of a panel discussion, entitled “In the Aftermath of the Shalit Deal: Insights regarding Hostage-Barricade Situations and Hostage Negotiations,” held at Haifa University’s School of … Read More

Mnookin featured as a distinguished speaker in Israel

Posted by & filed under International Negotiation, Middle East Negotiation Initiatives.

In December 2011, Professor Robert Mnookin, Chair of the Program on Negotiation, was invited by Daniel Shapiro, the U.S. Ambassador to Israel, to speak on the topic of his recent book: Bargaining with the Devil: When to Negotiate and When to Fight. Part of a series on “Distinguished American Speakers, ” the event was held in … Read More

Professor Mnookin’s Op-Ed in The Wall Street Journal

Posted by & filed under Daily, International Negotiation, Middle East Negotiation Initiatives, News.

In an op-ed in The Wall Street Journal, Robert H. Mnookin, Professor at Harvard Law School and Chair of the Program on Negotiation, reflects on Israel’s recent decision to release 1,000 Palestinian prisoners in exchange for the safe return of Gilad Shalit, an Israeli soldier captured by Hamas.  From a negotiating standpoint, according to Mnookin, … Read More

Bargaining with the Devil:
Strategies and Techniques for Negotiating with Tough Opponents

Posted by & filed under Daily, Events.

Bargaining with the Devil A PON Webinar with Professor Robert Mnookin Samuel Williston Professor of Law, Harvard Law School Chair, Program on Negotiation Executive Committee Date: Tuesday, October 4, 2011 Time: 1:00 PM to 2:15 PM ET .

  About the Webinar: From the NFL to state governments, negotiation is in the news these days.  The issues are vastly different, but these two negotiations have one … Read More

Should you deal with the devil?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Should You Do Business with the Enemy?” first published in the Negotiation newsletter, March 2010. At one time or another, most of us have faced the prospect of negotiating with a sworn enemy—whether a “greedy” sibling, an “evil” ex-spouse, or an “immoral” company. There is no right or wrong answer to the question … Read Should you deal with the devil?

Bargaining with the Devil:
Strategies and Techniques for Negotiating with Tough Opponents

Posted by & filed under Daily, Events.

Bargaining with the Devil A PON Webinar with Professor Robert Mnookin Samuel Williston Professor of Law, Harvard Law School Chair, Program on Negotiation Executive Committee Date: Tuesday, May 17, 2011 Time: 1:00 PM to 2:15 PM ET To register, click here.

  About the Webinar: From the NFL to state governments, negotiation is in the news these days.  The issues are vastly different, but these two … Read More

How and When to Negotiate with an Adversary

Posted by & filed under Daily, Negotiation Skills.

Robert Mnookin (Samuel Williston Professor of Law; Harvard Law School; Chair, Program on Negotiation at Harvard Law School; author of “Bargaining with the Devil”; co-author of “Beyond Winning”) What factors determine whether you should negotiate? What things influence the bargaining process? Should you negotiate with your “enemy”? If so, how? In this piece, Robert Mnookin draws … Read How and When to Negotiate with an Adversary

Video of Professor Mnookin’s Interview on PBS

Posted by & filed under Daily, News, Resources, Videos.

PON Chair, Professor Robert Mnookin was featured last night on the  PBS NewsHour. He discusses the art of doing difficult negotiations during tough economic times.

To learn more about Professor Mnookin’s recent book, “Bargaining with the Devil: When to Negotiate, When to Fight,” click here. To watch more PON videos, click here. … Read Video of Professor Mnookin’s Interview on PBS

TONIGHT- Professor Robert Mnookin to be Featured on PBS

Posted by & filed under Daily, News.

PON Chair, Professor Robert Mnookin will be featured on the PBS NewsHour tonight discussing his recent book, “Bargaining with the Devil: When to Negotiate, When to Fight.” To find your local PBS schedule and channel, click here and enter your zip code. To read more about “Bargaining with the Devil,” click here. … Read More

Prof. Robert Mnookin featured in Harvard Gazette

Posted by & filed under Daily, Negotiation Skills.

Professor Robert Mnookin was featured in the print version of the Harvard Gazette in February 2010.  Prof. Mnookin’s new book, “Bargaining with the Devil: When to Negotiate, When to Fight” was featured in the Gazette’s book section Harvard Bound in the February 18-25 issue. Please click here for the full article. … Read Prof. Robert Mnookin featured in Harvard Gazette

Negotiate! Radio

Posted by & filed under Daily.

Robert H. Mnookin, author of Bargaining with the Devil:  When to Negotiate, When to Fight, will be interviewed on March 17th, 2010 on Negotiate! Radio.  Negotiate! Radio is a nonprofit community service initiative. Its objectives are to collect and diffuse information on negotiation, mediation, and alternative dispute resolution (ADR), both in theory and by analyzing … Read Negotiate! Radio

Bargaining with the Devil

Posted by & filed under Negotiation Skills.

Professor Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School, published an article for the Foreign Policy online magazine this week based on his new book, “Bargaining with the Devil:  When to Negotiate, When to Fight.” The article discusses how President Obama should deal with the evils he is confronted with. Click here … Read Bargaining with the Devil

PON Professor Mnookin’s New Book Highlighted in NY Times

Posted by & filed under Daily, International Negotiation, News, Reviews of Books.

Professor Robert Mnookin’s “Bargaining with the Devil:  When to Negotiate, When to Fight,” was highlighted in Richard Bernstein’s New York Times article, “Is it Time to Engage the Taliban?”  Published yesterday, Bernstein uses Professor Mnookin’s most recent book as a framework to discuss whether now is the time for the Obama administration to negotiate with … Read More

Join PON to Celebrate the Publication of Professor Robert Mnookin’s New Book “Bargaining with the Devil”

Posted by & filed under Daily, Events.

On Thursday, February 4, 2010, join us to celebrate the publication of Professor Robert Mnookin’s new book Bargaining with the Devil: When to Negotiate, When to Fight. This event is co-sponsored by Harvard Law School, the Program on Negotiation, and Facing History and Ourselves. The evening will begin with a reception at 5:30 PM in Ropes … Read More