Glossary

An agreement among all participating stakeholders. (Lawrence E. Susskind, Sarah McKearnan and Jennifer Thomas-Larmer, Consensus Building Handbook [Sage Publications, 1999], 327) … Read consensus

A provision in an agreement that leaves specific elements of the deal unresolved until a particular source of uncertainty is resolved in the future. Such provisions allow both sides in the negotiation to “bet” on their differing beliefs regarding the probability of a future event. (Deepak Malhotra and Max Bazerman, Negotiation Genius [Bantam, 2007], 305) … Read contingency contract

See “positional bargaining”. … Read dance of concessions

An approach to negotiation that goes beyond tactics and takes into account sources of economic and noneconomic value. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 2) … Read deal design

A framework for describing how to apply interest-based negotiation techniques to conversations and dilemmas in daily life. According to this framework, underlying every difficult conversation are actually three deeper conversations. (Douglas Stone, Bruce Patton and Sheila Heen, Difficult Conversations [Viking/Penguin, 1999], 7). Also see “three conversations”. … Read difficult conversation

A type of negotiation in which the parties compete over the distribution of a fixed pool of value. Here, any gain by one party represents a loss to the other. Also known as a zero-sum negotiation or win-lose negotiation. (Richard Luecke, Harvard Business Essentials: Negotiation [Harvard Business Press, 2003], 2-3) … Read distributive negotiation

An approach created by James Sebenius and David Lax to describe a model that focuses on three aspects of negotiation: tactics, deal design, and setup. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 2) … Read 3D negotiation

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A set of techniques for successful communication in your negotiations. By asking open-ended questions, seeking clarification, driving for specificity, and then demonstrating a grasp of what the other party has said, you both learn and project empathy with your counterparts‘ point of view. Typical active-listening questions include, “If I understand you correctly, you need…. Why … Read active listening

A process in which a third party neutral assists the disputants in reaching an amicable resolution through the use of various techniques. … Read alternative dispute resolution (ADR)