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Game, Set, Match: Winning the Negotiations Game

Game, Set, Match: Winning the Negotiations Game

by Henry S. Kramer

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ISBN-10: 0970597029

ISBN-13: 2900970597020

Pub. Date: 06/28/2001

Publisher: ALM Publishing/ALM Inc.

Negotiation is a part of everyone's life, yet few people have been formally schooled in successful negotiating techniques. This guide teaches successful techniques for the entire negotiations process-from the initial planning stages, through opening negotiations, mid-game, end-game and follow-up-and gives advice and strategies for each step of the process. With


Negotiation is a part of everyone's life, yet few people have been formally schooled in successful negotiating techniques. This guide teaches successful techniques for the entire negotiations process-from the initial planning stages, through opening negotiations, mid-game, end-game and follow-up-and gives advice and strategies for each step of the process. With information about data collection, achieving a win-win outcome, and discussions of legal and ethical issues, this book provides thorough preparation for negotiations in professional or personal settings.

Author Biography: Henry S. Kramer, a labor and civil rights attorney, is a visiting professor of labor relations at Cornell University and the founder and managing director of the Human Resources Center. He is the author of Alternative Dispute Resolution in the Work Place. He lives in Ithaca, New York.

Product Details

ALM Publishing/ALM Inc.
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Table of Contents

Preface and Acknowledgments
Chapter 1Understanding the Negotiations Game
The Game We All Play1
Overall Objective (Mission)10
Strategy (Goals)12
Tactics (Execution)13
Chapter 2Planning a Strategy
Why Plan?15
The Negotiation "White Paper"20
What Do You Know and How Can You Use It?29
Get the Facts and Verify Them31
Demographic Considerations34
The "We've Never Done That" and "We've Always Done That" Inhibitors35
Defining Objectives Before Being Under Pressure36
Setting Realistic Attainable Goals versus Ambitious Goals37
Duration Target for an Agreement38
Change: How Much to Introduce at Any Given Time42
Anticipating the Other Side's Goals and Vital Needs43
Primary, Secondary, and "Smokescreen" Objectives45
Long Range Planning in Serial Negotiations--Nibbling Away47
Tactical Plan and "War Gaming"48
Preparing To "Sell" Your Plan To Required Authorities50
Planning a Way To "Sell" Your Goals to the Other Side52
Actions May Have Unintended Consequences--Have Contingency Plans53
Productivity Reports and Emergency Preparation Plans55
Use of Experts57
Chapter 3Legal, Negotiations Management Issues, and Ethics
Avoiding Legal Pitfalls59
Information Requests in Labor and Other Negotiations62
Impasse in Labor Negotiations64
"Take It or Leave It" Offers65
Economic and Unfair Labor Practice Strikes67
Confidentiality--Nothing Is Really "Off the Record"69
Negotiator Authority70
Your Rights (or Lack Thereof) to Influence Who Negotiates for the Other Side72
End Runs Around the People at the Table74
Retrogressive Bargaining75
Contract Interpretation Rules; Ambiguity and the Drafter; Specific and General77
Assigning a Controlling Legal Jurisdiction; Choice of Law Provisions79
Expiration and "Sunset" Clauses82
Interest Arbitration84
Alternate Dispute Resolution85
Sole Source; Disparate Power; Unconscionable Agreements; and Overreaching87
Controlling and Coping with the Flow of Information88
Numeracy, the Vital Ingredient89
Finding and Using Allies91
Paying in Advance or for Progress in Commercial Negotiations92
Ethical Concerns93
Chapter 4Getting Good Data
Why Good Data Is So Critical97
Researching the Facts, How, Where?102
Learning About the Other Side (Using all Legal Sources)104
Understanding Your Own Side's Needs and Agendas105
Researching the Past History of Negotiations with the Other Side108
Are the Numbers Accurate and Is the Data Good?110
Who Prepared the Data?111
Chapter 5Costing Your Plan and the Other Side's Proposals
Cost Savings and Cost Avoidances118
Value Over Time119
Opportunity, Travel, and Other Costs and Savings123
Cost of Responding to the Other Side's Needs126
Pay for Time Not Worked128
Variable and Fixed Costs129
When You Cancel Credits, You Incur Costs131
When To Assign Cost on Contingent Events132
One Time Payments versus Ongoing Payments134
Cost of Living Plans and Index Clauses135
Pension Plans138
Health Insurance Plans140
Flat Amount versus Percentage Change142
Surveys and Charts144
Chapter 6Winning Approval for Your Strategy, Internal Negotiations
The Hardest Negotiation Is with Your Own Side149
Completed Staff Work152
Risk Analysis153
Numerical Accuracy155
Defending Your Plan Orally and in Writing156
Anticipating Other People's Agendas156
Chapter 7Committing Necessary Resources
Negotiation Budgets160
Language Writing168
Simulation Training181
Chapter 8Establishing a Perceived "Win-Win" Outcome
Understanding the Other Side's Vital Needs188
Games, Tactics, and Techniques for Letting the Other Side Think It "Won"190
Using Humor and Ice Breaking Techniques193
Chapter 9Team Bargaining
How Many on a Team and at What Level?198
How To Select a Spokesperson and Team Members199
Delegation and Work Assignment204
Backwards Planning206
The Team as a Training Vehicle208
The Team as Controller of the Timing of Discretionary Events210
Chapter 10Negotiation Preliminaries--The First Battles
Shape and Location of the Negotiating Table215
Who Pays for Negotiation Facilities and Time?219
Negotiation Logistics222
Scheduling Negotiations223
Chapter 11The Opening Game
Controlling the Agenda229
Setting the Tone--Opening Statements and Positions232
Exchanging Proposals235
Problem Solving versus Positional Bargaining237
Giving and Reading Signals Through Words and Body Language239
Asking and Responding to Questions243
Pausing Before Answering Questions248
Silence and How To Use It to Your Advantage252
"Good Cop, Bad Cop" Tactics253
Use of "Sidebars" and "Off the Record" Discussions254
Verifying Expectations of the Other Side Against Reality256
Walk Outs260
Intimidation, Personal Attacks, How To Respond262
Trial Balloons266
Negotiation Authority267
Negotiation Security270
Note Taking272
Press Blackouts or Open Communications274
Lying with Statistics; Averages; and Splitting the Difference276
Chapter 12The Mid-Negotiation Process
Problem Solving Discussion Techniques282
Creative Ways To Get Things Moving286
Examples and Explanations To Avoid Future Disputes289
Tentative Agreements and Narrowing Issues291
Agreements in Principle and Final Language293
Letters of Understanding in Labor Negotiations295
"Lowball" and "Trojan Horse" Offers, Caveat Emptor297
Time Management300
Severability Clauses302
Study Committees303
Counter Offers and Conditional Offers304
Creative Ambiguity--Advantages and Perils306
Complexity, Expertise, and Overwhelming with Numbers308
Bluffing--Dangers and Opportunities310
Recovering from Mistakes311
Evaluating the Other Side's Problems and Intentions313
Giving Away Ice in the Wintertime315
Negotiating Against Yourself316
Concession Timing318
Does the Other Side Really Want an Agreement?319
Chapter 13The End Game and Clock Management
Clock Management in Time Defined Negotiations321
Money--When To Talk It324
When Do You Give a Figure and When Do You Avoid Doing So?327
Using Mediators, Arbitrators, and Other Third Party Neutrals329
First Offer334
Intermediate Offers337
Best, Last, and Final Offers; Throw-Ins; and, "Kickers"340
The End Game and Negotiation Power342
Wrapping Up the Final Package343
Deadlock and Impasse345
Driving Too Hard a Bargain May Haunt You Later346
Chapter 14Following Up on Your Results
Selling Your Package To Get Necessary Ratifications349
Cost of Settlement Reports353
Making Sure You Get What You Bargained For354
Setting the Stage for the Next Negotiation358

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