- •Preface
- •Contents
- •Abbreviations
- •List of Figures
- •1.1 Introductory Remarks
- •1.2 Instructions for the Use and Structure of the Book
- •1.2.2 Possible Ways to Approach This Book
- •2.2 The Start of Negotiations
- •2.3 The Core Phase of the Negotiations
- •2.4 The Agreement
- •2.5 The Implementation of the Agreement
- •2.6 The Ex-Post-Phase
- •4.1 How Germans Negotiate
- •4.1.1 Preliminary Notes
- •4.1.2 Negotiation Training
- •4.1.3 Mentalities
- •4.1.4 Orientation on Legal Rules: Safe Harbour Principle
- •4.1.5 Basic Characteristics and Approaches
- •4.1.6 Negotiation Preparation
- •4.1.7 Mock Negotiations
- •4.1.9 Small Talk
- •4.2 How Chinese Negotiate
- •4.2.1 Preliminary Notes
- •4.2.2 Negotiation Training
- •4.2.3 Mentality
- •4.2.4 Orientation Towards Legal Requirements
- •4.2.5 Trust Building and Contract Negotiations
- •4.2.6 Basic Characteristics and Approaches
- •4.2.7 Negotiation Preparation
- •4.2.9 Acquaintance Phase/Small Talk
- •4.2.10 Tactics in Contract Negotiations
- •4.3 How US-Americans Negotiate
- •4.3.1 Preliminary Note
- •4.3.2 Negotiation Training
- •4.3.3 Mentalities
- •4.3.4 Orientation Towards Legal Requirements
- •4.3.5 Basic Characteristics and Approaches
- •4.3.6 Negotiation Preparation
- •4.3.8 Small Talk
- •Topic Lists
- •Auxiliary Means
- •Actual Auxiliary Means
- •Legal Means
- •Behavioural Economics and Psychological Effects
- •Effects
- •Tactics, Techniques and Their Underlying Effects
- •Communication Techniques
- •Answering Techniques
- •Argumentation Techniques
- •Further Communication Techniques
- •Listening
- •Questioning Techniques
- •Competitive Negotiating
- •Deceptions
- •Cooperative Negotiating
- •Cooperative Negotiating
- •Mutual Trust
- •Economic Concepts and Terms
- •Emotions
- •Gaining Information
- •Improving Negotiation Skills
- •Negotiation Types
- •Negotiators (People/Parties)
- •Qualities
- •Role
- •Negotiation Strategies
- •Time
- •Bibliography
- •Further Literary Resources
- •Online Sources
- •Index
Index
Numerical index
5 Ps, see 80-20-Rule
7-38-55-Rule, 21
30-Percent-rule, see First offer
70-30-Rule, 21
80-20-Rule, 21
A
ACBD-rule, 22
Acceptance criteria, see Negotiation value Accomplished facts, see Clearing facts Active listening, 23
Add-ons, see Salami tactic Adopt an outsider lens, 24 Advocatus diaboli, 24
After agreement demand, see Salami tactic Agency costs, see Principal-agent-problem Agency dilemma, see Principal-agent-problem Agency theory, see Principal-agent-problem Agenda, 24
Agreement bias, see BATNA Agreement zone, see ZOPA
Aim high, see Ambitious target price setting Akerlof market, 25
All I’ve got, 26
All-party map, see Think beyond the table Ambitious target price setting, 26 Analyst, 27
Anamnesis, see Information procurement Anchor heuristics, see Anchoring Anchoring, 28
Anchoring effect, see Anchoring Annotations, 32
A-not-A question, 22
Argumentum a simile, see Conclusion by analogy
Argumentum ad auditores, see Presenting a false legal opinion
Aspiration level, see Aspiration point Aspiration point, 33
Assertiveness, 35 Attribute-framing, see Framing Auction, 35
Autonomous negotiations by software agents, 37
B
Back office, 38 Backlash effect, 38
BAFO (best and final offer), 40 Bandwagon effect, see Tactic of small
quantities
Bargaining in the shadow of the law, 40 Bargaining range, see ZOPA
BATNA and the order of negotiations, 44 BATNA (best alternative to a negotiated
agreement), 40 Bazaar tactic, 44
Be specific, see Ambitious target price setting Behavioural decision research, see
Behavioural economics Behavioural economics, 45
Being ready for the Negotiating partner’s mistakes, 45
Better offer, 45 Better than that, 46 Bias, 46
Bid invitation, see Change the standards
© Springer Nature Switzerland AG 2019 |
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Big fish, 49
Black hat/white hat, see Good guy/bad guy tactic
Blockade strategy, 49 Body language, 49 Bogey tactic, see Padding Boilerplates, 50
Bold policy, see Brinkmanship Bottom-up communication, see
Principal-agent-problem Boulwarism, 50
Bracketing, 51 Brinkmanship, 53
Broken record, see Fewer, convincing arguments
Budget limitation, 53 Building a golden bridge, 54 Burden of justification, 55
Burden of reasoning, see Burden of justification
But-yes answer, 56
C
Calculated delay, 57
Call for tenders, see Change the standards Calling a higher authority, 58
Calling attention, see Warning instead of threatening
Camel’s nose metaphor, see Foot in the door tactic
Chameleon effect, see Body language Change the negotiator, 59
Change the standards, 59
Check the facts, see Detection of deception Cherry picking, 60
Chicken, 61
Chief negotiator, 62
Chinese auction, see Better offer Chit-chat, 62
Claim management, 64 Closed questions, 66 Cognitive bias, see Bias Columbo, 66
Columbo tactic, see Columbo
Common interests, see Harvard negotiation concept
Common value assets, see Auction Competitive strategy, see Win-lose strategy Computer-based negotiations, see
Autonomous negotiations by software agents
Conclusion by analogy, 67
Conclusion by similarity, see Conclusion by analogy
Index
Confirmation bias, see Bias, see Impression (first and last)
Conflicting interests, see Harvard negotiation concept
Considered response, 68 Control the agenda, see Agenda Core concerns framework, 68 Correspondence bias, see Bias Counter-anchor, see Anchoring Court effect, see Halo effect Creating facts, 69
Credibility and plausibility, see Detection of deception
Credible threat, 70 Cui bono, 70 Cunning deception, 70
Curse of the winner, see Negotiauction
D
DAD approach, 72 DDD approach, 72 Deadline, 73
Dead point, see Deadlock Deadlock, 74 Deal-breaker, 75
Decider, see Decision-maker Decision-maker, 77
Decision matrix, see Traffic light system Defensive claim strategy, see Claim
management Delight factor, see Padding
Detection of deception (DoD), 78 Developing the Negotiating partner’s ideas, 81 The devil’s advocate, see Advocatus diaboli Dickering, see Bazaar tactic
Diminishing rates of concession, 81 Discreditation of the anchor, see Anchoring Distributive negotiations, 82
Diverging interests, see Harvard negotiation concept
Don’t reward bad behaviour, see Generous tit for tat
Door-in-the-face tactic (DITF), 82 Double bracketing, see Bracketing Downward communication, see
Principal-agent-problem
Driver, 83
E
EANT (ethically ambiguous negotiation tactics), 83
Efficient frontier, see Negotiation pie Effort clauses, see Empty promise
Index
Electronic multitasking, 84 E-mail, 84
Emotional level of negotiation, see Negotiation levels
Emotions, 85
Empathy, 87 Empty promise, 87
Endowment effect, 88 English auction, see Auction Entanglement tactic, 88 Exception argument, 89
Expanding the pie, see Negotiation pie Exploding offer, see Deadline Extension neglect, see Bias
Extreme but flexible, see First offer
F
Face-to-face, 89
Facts, opinions and guesses, see FOG Fait accompli, see Creating facts False deadline, 90
FC approach, 91
Fewer, convincing arguments, 91 Final, fair and firm, see Boulwarism Final offer arbitration (FOA), 92 Find something in common, 92 First offer, 92
Fixed pie bias, see Negotiation pie Fixed pie illusion, see Negotiation pie Flexibility dilemma, see
Principal-agent-problem Flinch, see Wince
Flip a coin, 93
Floodgate argument, 93, see Path dependency FOG, 94
Foggy recall, 94
Foot in the door tactic (FITD), 95 Fractioning, see Salami tactic Framing, 95
Framing effect, see Framing Fraud dilemma, 96
G
Gender, 97
Gender in context, see Gender Generous tit for tat (GTFT), 101 Getting to Yes, see Harvard negotiation
concept Go for a walk, 102
Goal framing, see Framing
239
Going to the brink of the abyss, see Brinkmanship
Good cop/bad cop, see Good guy/bad guy tactic
Good guy/bad guy, 102
H
Haggling, see Bazaar tactic Halo effect, 103
Harvard negotiation concept, 104 Hedonic framing, see Several small concessions
Hidden actions, see Principle-agent-problem Hidden characteristics, see
Principal-agent-problem Hidden intentions, see
Principal-agent-problem Hidden knowledge, see
Principal-agent-problem Hide your glee, 108
Hindsight bias, see Bias
History matters, see Path dependency Hold-up problems, see Renegotiations Horns effect, see Halo effect Hybrid-strategy, see Win-lose strategy
I
Illusion of conflict, see Negotiation pie Illusion of control, see Bias
Illusion of superiority, see Bias Impact bias, see Bias Impression (first and last), 109 Incompatibility bias, 109 Incomplete solutions, 110
Information asymmetries, see Akerlof market Information control, 110
Information demand analysis, 112 Information exchange dilemma, see
Negotiator’s dilemma Information procurement, 110 Informational indications, see Information
procurement
Interests, see Harvard negotiation concept Interim results, 112
J
Jumping on the bandwagon, see Tactic of small quantities
Just one more thing, see Salami tactic
240
K
Keep something in reserve, 112
Knocking on the bush, 113
Know your target, 113
Krunch, see Better than that
L
Large slice bias, see Bias Last gap, 114
Last offer, see BAFO
Lie detection, see Detection of deception Limiting the options, 114
Lock-in tactic, 115 Logrolling, 115
Low-cost concession, see Deadlock Low expectations, 116
M
Magical number seven, see Fewer, convincing arguments
Mapping influential players, see Think beyond the table
Maximising the total pie, see Negotiation pie Maximum target, see Aspiration point MESO, 117
Meta-anchoring, 118
Midpoint-rule, 118 Missing the big picture, 119
Mistakes, 119, see Misunderstandings Misunderstandings, 120
Moral hazard, 121 Multi-person BATNA, 122
Multiple equivalent simultaneous offers, see MESO
Multiple-eye-check, see Principle of dual control
Mutt and Jeff, see Good guy/bad guy tactic Mutual gains, see Win-win strategy
N
Negative qualities, see Low expectations Negotiating on behalf of others, see Backlash
effect Negotiation clause, 122 Negotiation levels, 123
Negotiation of merits, see Harvard negotiation concept
Negotiation pause, 123 Negotiation phases, 124 Negotiation pie, 125
Index
Negotiation power, 126 Negotiation value, 127 Negotiations at the table, see
Principal-agent-problem Negotiations behind the table, see Principal-agent-problem
Negotiations via video (video conferences), see Face-to-face
Negotiator’s dilemma, 128 Negotiauction, 129
Network effects, see Path dependency Neutral assessment criteria, see Harvard negotiation concept
The nibble, see Salami tactic Nibbling, see Salami tactic No deal option, see BATNA No precedent, see Precedent Non-linear compromises, 129 NOPA, see ZOPA
Norm of reciprocity, 130 Not happy, 131
Non-negotiable, see Undiscussable
O
Offensive claim strategy, see Claim management
One-way-street principle, see Agenda Open–ended question, see Open questions Open questions, 131
Opinion leaders, see Decision-maker Opportunistic renegotiations, see
Renegotiations Optimism bias, 131 Orange example, 131 Organiser, 132 Ostensible connexity, 132
Over-commitment-tactic, see Renegotiations Overexposure effect, see Halo effect
P
Package deal, see Ostensible connexity Package reservation value, see Deal-breaker Padding, 132
Pareto optimum, 133
Passive claim strategy, see Claim management Path dependency, 134
Patience, 134
Permanent business relations, 134 Person in charge of general overview, see
Missing the big picture Play dumb, 135
Index
Positions, see Harvard negotiation concept Precedent, 135
Premise question, 136 Prenegotiation plan, 136
Preparation of the negotiation, see 80-20-Rule Presenting a false legal opinion, 137 Principal-agent-problem, 138
Principle of dual control, 142 Principled negotiations, see Harvard
negotiation concept Private value assets, see Auction Protect your BATNA, 142 Protocols, 142
Put downs, see Low expectations
Put your money where your mouth is, 143
Q
Quasi-endowment effect, see Endowment effect Questions, 143
Quivering quill, see Salami tactic
R
Radio-Eriwan-answers, see Yes, but answer Range offer, see Anchoring
Rational level of negotiation, see Negotiation levels
Reactive devaluation, 144 Redlining, see Annotations Reference point, 144 Refusal to communicate, 145
Rejection-then-retreat technique, see Door-in-the-face tactic
Renegotiations, 145
Request for proposal (RFP), see Change the standards
Reservation price, see Deal-breaker Reservation value, see Deal-breaker Resistance point, see Deal-breaker Respect, 146
Retracking the deal, 147 Reversed–Dutch–auction, see Auction Reward in heaven, see Empty promise Risky choice framing, see Framing Role power, see Negotiation power Rule of pen, 147
Russian front, 147
S
Salami tactic, 147
Scope neglect, see Bias
Security-effect, see Sunk cost bias
241
See you in court, 148
Seven elements of negotiation, 149 Several small concessions, 149 Sharing information, 150 Shrinking pie, see Negotiation pie Signalling, 150
Silence, 151 Similar-to-me-effect, 152
Similar-to-me-tactic, see Similar-to-me-effect Single text negotiation, 152
Single text procedure, see Single text negotiation
Slippery slope, see Floodgate argument Small pie bias, see Bias
Small talk, see Chit-chat
Smart bundling, see Several small concessions SMART goal formulation technique, 154 Smart guy/dumb guy-tactic, see Play dumb SMARTER, see SMART goal formulation
technique Soft bargaining, 154
Someone-I-want-to-be-associated-with-effect, 154
SOPHOP, see Harvard negotiation concept Source amnesia, see Information procurement Sources of information, see Information
procurement Split the difference, 155
Stakeholders, see Think beyond the table Standard clauses, see Boilerplates Status quo bias, 155
Strategic misrepresentation, 156 Strengths, weaknesses, opportunities and
threats analysis, see SWOT Analysis Sunk cost bias, 156
SWOT Analysis, 158
T
Tactic of small quantities, 158
Tactic of tougher competition, see Better offer Tactical pause, see Negotiation pause
Tag team approach, see Change the negotiator Take a break, see Negotiation pause
Take it or leave it, 159
Test of reciprocity, see Norm of reciprocity That would set a precedent, see Precedent There is no alternative, see TINA
Think beyond the table, 159
This will hurt you more than me, 160 Throwing garbage at their lawn tactic, see Low
Expectations Time pressure, see Deadline TINA, 161
242
Tit for tat (TFT), 161
Traded small movement close, see Deadlock Traffic light systems, 162
Transaction costs, 162 Transformation dilemma, see
Principal-agent-problem
Trust dilemma, see Principal-agent-problem Two against one, 163
Two-level BATNA, see Multi-person BATNA Two-men rule, see Principle of dual control Two negotiators, 164
U
Undiscussable, 165
Unfounded, legal objections, see Presenting a false legal opinion
Unpredictability, 165
V
Very final offer, see BAFO
W
Walk away term, see Deal-breaker Warning instead of threatening, 166
Index
WATNA (worst alternative to a negotiated agreement), see BATNA
We have never done that before, see Precedent
Weasel words, see Empty promise What-if-questions, 166
What worked well, see WWW
What would you do differently, see WWYDD Win-lose strategy, 167
Win-win strategy, 167 Wince, 168
Winner’s curse, see Auction Working groups, 168 WWW, 169
WWYDD, 169
Y
Yes, but-answer, 169
Yes/No questions, 170
You go first, see Anchoring
Z
Zero-point anchoring-problem, see Anchoring Zone defence, see Principle of dual control ZOPA (zone of possible agreement), 171