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. In a given day, we might:
- Discuss the terms of a job offer
- Bargain over the price of a car
- Finalize a contract with a supplier
- Try to persuade a child to eat their vegetables
- Manage a workplace conflict
- Convince a client to accept a delayed delivery
“Like it or not, you are a negotiator… Everyone negotiates something every day,” wrote Roger Fisher, William Ury, and Bruce Patton in their foundational negotiation book, Getting to Yes.
So, what do our many negotiations have in common? And what tools help us negotiate more effectively—whether the stakes are large or small?
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” that is necessary whenever we cannot achieve our objectives on our own.
And in Judgment in Managerial Decision Making, Max H. Bazerman and Don A. Moore explain that “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 to work with another party or parties to reach your goals.
- Mixed interests – Some of your goals overlap with those of the other party or parties, while others conflict.
- Communication – Dialogue is required to reach an agreement or resolution.
The Seven Elements of Negotiation
Most people are not natural-born negotiators. The good news? Research shows that we can improve our negotiation skills 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 unwanted 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. If our positions are what we say we want, then our interests are why we want it.
To identify interests, skilled negotiators ask probing questions, look beyond surface demands, and identify shared and differing priorities. Understanding interests opens the door to creative solutions.
- Legitimacy
In negotiation, we don’t just care about our objective outcomes. Our fairness perceptions also matter to us a great deal.
Even if a deal benefits you financially or otherwise, 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 the legitimacy of a proposal or offer, you can:
- Use independent standards,
- Cite comparable agreements, and
- Frame proposals around fairness.
When both sides feel respected and fairly treated, your agreements will become more durable.
- Relationships
Relatedly, another important goal of negotiation is to build lasting relationships.
Whether you are negotiating with a long-term client, a colleague, a supplier, or someone you’ve just met, how you manage the relationship affects your reputation, trust between the parties, and future opportunities.
You can form strong relationships in negotiation by taking time to build rapport, upholding your ethical standards, and keeping disagreements civil and respectful.
- BATNA: Strong Outside Alternatives
In a given negotiation, your BATNA—Best Alternative to a Negotiated Agreement—is your backup plan.
As emphasized in Getting to Yes, cultivating a strong BATNA gives you power in your current negotiation. If you have strong alternatives, you negotiate from a position of confidence. If your alternatives are weak, you may feel pressured to agree to a deal that doesn’t meet your interests.
Your BATNA analysis should include:
- Identifying realistic alternatives,
- Improving them where possible, and
- Estimating your counterpart’s BATNA.
- Options
Options are possible solutions that satisfy both or all parties’ interests.
Rather than arguing over a single issue, like price, experienced negotiators:
- Add new issues to the mix,
- Look for trades across their different interests,
- Propose contingent agreements based on possible future outcomes, and
- Brainstorm all the issues without making firm commitments until they have all been discussed.
- Commitments
A commitment is a promise, agreement, or formal obligation. Commitments can range from the informal, like “Let’s meet Tuesday at 10” to a written proposal or signed contract.
Clear commitments reduce misunderstanding and conflict. Therefore, effective negotiators ensure commitments are:
- Specific
- Realistic
- Mutually understood
- Documented when possible
- Communication
Every negotiation is a communication process—whether face-to-face, by phone, email, or video. Our communication choices shape our outcomes in negotiation. Threats and demands can derail talks, while inquiries and active listening build understanding and agreement. Skilled negotiators ask questions, paraphrase what they heard, and check their assumptions.
Why Preparation Matters
The Seven Elements framework shifts focus in negotiation from improvisation to preparation.
Before negotiating, ask yourself:
- What are my interests?
- What might their interests be?
- What is my BATNA?
- What might be the other party’s BATNA?
- What legitimacy standards apply?
- What options could create value?
- How will I manage the relationship?
- What commitments am I prepared to make?
- What is the best communication medium for this stage of the negotiation?
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?
This post provides a solid foundation for understanding negotiation! I appreciate how the seven elements are broken down clearly, making it easy to grasp their significance. It’s a great reminder that negotiation goes beyond just reaching an agreement; it’s about building relationships and understanding different perspectives. Looking forward to applying these insights in my own negotiations!
This post provides a great breakdown of the seven elements of successful negotiation! I especially appreciate how it emphasizes the importance of relationship-building alongside the technical aspects of negotiation. It’s a reminder that effective negotiation is as much about people as it is about strategy. Looking forward to applying these insights in my future discussions!
It is fair to say that every person negotiates every day.
We negotiate with our spouse, parents, children, neighbors, friends, colleagues, boss, and even with strangers.
A good negotiation is one where we keep in mind the benefits and outcomes for all parties involved.
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.