Many people dread the idea of negotiation without realizing they engage in it every day.
In both personal and professional life, we negotiate constantly—sometimes formally, sometimes informally. We might:
- Discuss the terms of a job offer
- Bargain over the price of a car
- Finalize a contract with a supplier
- Persuade a toddler to eat vegetables
- Resolve a workplace conflict
- Convince a client to accept a delayed delivery
As Roger Fisher, William Ury, and Bruce Patton write in Getting to Yes:
“Like it or not, you are a negotiator… Everyone negotiates something every day.”
So, what do these negotiations have in common? And what tools help us negotiate more effectively—whether the stakes are large or small?
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Build powerful negotiation skills and become a better dealmaker and leader. Download our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
What Is Negotiation?
Negotiation can be defined in several complementary ways.
In Getting to Yes, Fisher, Ury, and Patton describe negotiation as:
“Back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed.”
Similarly, Leigh Thompson, author of The Mind and Heart of the Negotiator, calls negotiation an:
“Interpersonal decision-making process” necessary whenever we cannot achieve our objectives single-handedly.
And in Judgment in Managerial Decision Making, Max H. Bazerman and Don A. Moore explain:
When two or more parties need to reach a joint decision but have different preferences, they negotiate.
Taken together, these definitions highlight three core features of negotiation:
- Interdependence – You need the other party.
- Mixed interests – Some goals overlap, others conflict.
- Communication – Agreement requires dialogue.
The Seven Elements of Negotiation
Most people are not natural-born negotiators. The good news? Research shows that negotiation skills can improve dramatically with preparation and practice.
Members of the Harvard Negotiation Project developed the Seven Elements framework to help negotiators prepare more effectively for negotiation and reduce surprises. These seven elements provide a practical roadmap for creating and claiming value.
Here’s an overview:
- Interests
Interests are the fundamental drivers of negotiation—your underlying needs, desires, fears, and motivations.
Positions are what people say they want.
Interests are why they want it.
Skilled negotiators:
- Ask probing questions
- Look beyond surface demands
- Identify shared and differing priorities
Understanding interests opens the door to creative solutions.
- Legitimacy
Fairness matters.
Even if a deal benefits you objectively, you may reject it if it feels unfair. Legitimacy refers to objective standards or norms that justify proposals—market value, precedent, expert opinion, industry benchmarks.
To strengthen legitimacy:
- Use independent standards
- Cite comparable agreements
- Frame proposals around fairness
When both sides feel respected, agreement becomes more durable.
- Relationships
Negotiation is not just about outcomes—it’s about relationships.
Whether you are negotiating with:
- A long-term client
- A colleague
- A supplier
- A stranger
How you manage the relationship effects reputation, trust, and future opportunities.
Strong negotiators:
- Build rapport
- Separate people from the problem
- Maintain ethical standards
- Avoid personal attacks
In ongoing relationships, preserving trust can be more valuable than winning a single issue.
- Alternatives and BATNA
Your BATNA—Best Alternative to a Negotiated Agreement—is your backup plan.
As emphasized in Getting to Yes, knowing your BATNA gives you power. If you have strong alternatives, you negotiate from confidence. If your alternatives are weak, you may feel pressured.
Preparation should include:
- Identifying realistic alternatives
- Improving them where possible
- Estimating your counterpart’s BATNA
Your BATNA sets your walk-away point.
- Options
Options are possible solutions that satisfy parties’ interests.
Rather than arguing over one issue (like price), negotiators can:
- Add new issues
- Trade across differences
- Propose contingent arrangements
- Brainstorm without commitment
Options create value by capitalizing on differences. The more issues on the table, the more potential trades.
- Commitments
A commitment is a promise, agreement, or formal obligation.
Commitments can range from:
- “Let’s meet Tuesday at 10.”
- A written proposal
- A signed contract
Clear commitments reduce misunderstanding. Effective negotiators ensure commitments are:
- Specific
- Realistic
- Mutually understood
- Documented when necessary
- Communication
Every negotiation is a communication process—whether face-to-face, by phone, email, or video.
Communication choices shape outcomes:
- Do you threaten or inquire?
- Do you assume or ask?
- Do you demand or brainstorm?
- Do you listen actively?
Miscommunication can derail even well-structured deals. Skilled negotiators ask questions, paraphrase, and check for understanding.
Why Preparation Matters
The Seven Elements framework is powerful because it shifts focus from improvisation to preparation.
Before negotiating, ask yourself:
- What are my interests?
- What might theirs be?
- What is my BATNA?
- What legitimacy standards apply?
- What options could create value?
- How will I manage the relationship?
- What commitments am I prepared to make?
Armed with this preparation, you are better positioned to:
- Create value
- Claim value
- Address fairness concerns
- Reach sustainable agreements
Negotiation is not reserved for diplomats and CEOs. It’s a daily skill—one that improves with intention.
Do you consider yourself a natural-born negotiator? Or have you developed your skills through experience and practice?
Claim your FREE copy: Negotiation Skills
Build powerful negotiation skills and become a better dealmaker and leader. Download our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.
Really useful article. I like how it shows negotiation isn’t just formal deals—it’s about everyday talks where you and someone else want different things but still need to find common ground.
I actually think we are all born negotiators. Having had many interactions with young children, negotiation seems to be a natural trait and then we lose it as get older, or it gets socialised out of us, or socially strengthened, depending on how we are encouraged and rewarded in life.
Negotiation is the art of reaching a mutual agreement through discussion and compromise. It’s a vital skill in both personal and professional life for achieving win-win outcomes.
The seven elements have given me an in depth understanding of how to become a better negotiator. Harvard is the best learning institution in the world. Thank you.
Good intiative towards legal Future
Yes – from our first cry to our last breath, we negotiate to fill our needs via interaction with others.
Yes! We negotiate every single day of our lives as I say in my talks whether it’s a multimillion dollar deal, how to get your kids to do their homework or where to meet for dinner, our lives are filled with negotiation opportunities. Thank you for sharing this article.