Game, Set, Match: Winning the Negotiations Game

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Overview

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.

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What People Are Saying

David McCraigh
This practical and comprehensive resource unveils the techniques of a successful negotiator just as a seasoned magician would reveal the coveted secrets behind his illusions. Henry Kramer has effectively dissected and explained the mechanics behind successful negotiation.
—David McCraigh, paralegal
David Waks
Game, Set, Match is a must-read for anyone about to enter a negotiation. And that’s all of us, whether negotiating for our business or in our personal lives. Too bad I hadn’t read this earlier. I flinched as I recognized some of the mistakes I’ve made. I’ll go back to this book for review and more tips whenever I face a major personal or business negotiation.
—David Waks, President, System Dynamics, Inc.
Edward A. Battisti
EdwardGame, Set, Match provides a realistic and practical step-by-step approach to bargaining for the negotiator at all levels of experience.
—Edward A. Battisti, Arbitrator/Consultant
George E. Cerniglia
Game, Set, Match is a rich source of valuable information on the art of negotiating. It is an extremely practical and useful guide for the planning and execution of a successful negotiations strategy. It is a "must read" for anyone involved in the process of negotiations.
—George E. Cerniglia, Director Human Resources, Cognis Corporation
Gerald F. Marshall
The first book I've read that lays out the practical steps to be taken when approaching negotiations of any type. A must read for those who conduct negotiations as a part of their job responsibilities and for those who are in the position of approving negotiation strategy.
—Gerald C. Marshall, Human Resources Manager BASF Corporation
Kathleen Case Joyal
"Game, Set, Match is both insightful and informative. Its discussions of how to achieve a win-win outcome and how to ensure long-term satisfaction for all parties are must reading no matter what side of a negotiation you are on. Kramer's attention to ethical considerations arising in negotiations is also extremely valuable. I feel fortunate to have this book close at hand in my collection of business books.
—Kathleen Case Joyal, CFP, Vice President and Financial Consultant of major global financial services company
Susan Mittler
Game, Set and Match is a basic resource for novice or seasoned negotiators in the private or public sector. Consistently strong messages upholding ethics and integrity for both management and labor renewed my confidence in the process. Professor Kramer has written a book that is easily read and will serve as a resource for the teachers' association in future negotiation sessions.
—Susan Mittler, President, Ithaca Teachers Association
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Product Details

  • ISBN-13: 9780970597021
  • Publisher: ALM Publishing/ALM Inc.
  • Publication date: 6/28/2001
  • Edition description: New Edition
  • Pages: 380
  • Product dimensions: 6.02 (w) x 9.06 (h) x 0.98 (d)

Table of Contents

Preface and Acknowledgments
Chapter 1 Understanding the Negotiations Game
The Game We All Play 1
Overall Objective (Mission) 10
Strategy (Goals) 12
Tactics (Execution) 13
Chapter 2 Planning 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 Them 31
Demographic Considerations 34
The "We've Never Done That" and "We've Always Done That" Inhibitors 35
Defining Objectives Before Being Under Pressure 36
Setting Realistic Attainable Goals versus Ambitious Goals 37
Duration Target for an Agreement 38
Change: How Much to Introduce at Any Given Time 42
Anticipating the Other Side's Goals and Vital Needs 43
Primary, Secondary, and "Smokescreen" Objectives 45
Long Range Planning in Serial Negotiations--Nibbling Away 47
Tactical Plan and "War Gaming" 48
Preparing To "Sell" Your Plan To Required Authorities 50
Planning a Way To "Sell" Your Goals to the Other Side 52
Actions May Have Unintended Consequences--Have Contingency Plans 53
Productivity Reports and Emergency Preparation Plans 55
Use of Experts 57
Chapter 3 Legal, Negotiations Management Issues, and Ethics
Avoiding Legal Pitfalls 59
Information Requests in Labor and Other Negotiations 62
Impasse in Labor Negotiations 64
"Take It or Leave It" Offers 65
Economic and Unfair Labor Practice Strikes 67
Confidentiality--Nothing Is Really "Off the Record" 69
Negotiator Authority 70
Your Rights (or Lack Thereof) to Influence Who Negotiates for the Other Side 72
End Runs Around the People at the Table 74
Retrogressive Bargaining 75
Contract Interpretation Rules; Ambiguity and the Drafter; Specific and General 77
Assigning a Controlling Legal Jurisdiction; Choice of Law Provisions 79
Expiration and "Sunset" Clauses 82
Interest Arbitration 84
Alternate Dispute Resolution 85
Sole Source; Disparate Power; Unconscionable Agreements; and Overreaching 87
Controlling and Coping with the Flow of Information 88
Numeracy, the Vital Ingredient 89
Finding and Using Allies 91
Paying in Advance or for Progress in Commercial Negotiations 92
Ethical Concerns 93
Chapter 4 Getting Good Data
Why Good Data Is So Critical 97
Researching the Facts, How, Where? 102
Learning About the Other Side (Using all Legal Sources) 104
Understanding Your Own Side's Needs and Agendas 105
Researching the Past History of Negotiations with the Other Side 108
Are the Numbers Accurate and Is the Data Good? 110
Who Prepared the Data? 111
Chapter 5 Costing Your Plan and the Other Side's Proposals
Cost Savings and Cost Avoidances 118
Value Over Time 119
Opportunity, Travel, and Other Costs and Savings 123
Cost of Responding to the Other Side's Needs 126
Pay for Time Not Worked 128
Variable and Fixed Costs 129
When You Cancel Credits, You Incur Costs 131
When To Assign Cost on Contingent Events 132
One Time Payments versus Ongoing Payments 134
Cost of Living Plans and Index Clauses 135
Pension Plans 138
Health Insurance Plans 140
Flat Amount versus Percentage Change 142
Surveys and Charts 144
Chapter 6 Winning Approval for Your Strategy, Internal Negotiations
The Hardest Negotiation Is with Your Own Side 149
Completed Staff Work 152
Risk Analysis 153
Numerical Accuracy 155
Defending Your Plan Orally and in Writing 156
Anticipating Other People's Agendas 156
Chapter 7 Committing Necessary Resources
Negotiation Budgets 160
Language Writing 168
Simulation Training 181
Chapter 8 Establishing a Perceived "Win-Win" Outcome
Understanding the Other Side's Vital Needs 188
Games, Tactics, and Techniques for Letting the Other Side Think It "Won" 190
Using Humor and Ice Breaking Techniques 193
Chapter 9 Team Bargaining
How Many on a Team and at What Level? 198
How To Select a Spokesperson and Team Members 199
Delegation and Work Assignment 204
Backwards Planning 206
The Team as a Training Vehicle 208
The Team as Controller of the Timing of Discretionary Events 210
Chapter 10 Negotiation Preliminaries--The First Battles
Shape and Location of the Negotiating Table 215
Who Pays for Negotiation Facilities and Time? 219
Negotiation Logistics 222
Scheduling Negotiations 223
Chapter 11 The Opening Game
Controlling the Agenda 229
Setting the Tone--Opening Statements and Positions 232
Exchanging Proposals 235
Problem Solving versus Positional Bargaining 237
Giving and Reading Signals Through Words and Body Language 239
Asking and Responding to Questions 243
Pausing Before Answering Questions 248
Observing 250
Silence and How To Use It to Your Advantage 252
"Good Cop, Bad Cop" Tactics 253
Use of "Sidebars" and "Off the Record" Discussions 254
Verifying Expectations of the Other Side Against Reality 256
Caucuses 258
Walk Outs 260
Intimidation, Personal Attacks, How To Respond 262
Trial Balloons 266
Negotiation Authority 267
Negotiation Security 270
Note Taking 272
Press Blackouts or Open Communications 274
Lying with Statistics; Averages; and Splitting the Difference 276
Chapter 12 The Mid-Negotiation Process
Problem Solving Discussion Techniques 282
Creative Ways To Get Things Moving 286
Examples and Explanations To Avoid Future Disputes 289
Tentative Agreements and Narrowing Issues 291
Agreements in Principle and Final Language 293
Letters of Understanding in Labor Negotiations 295
"Lowball" and "Trojan Horse" Offers, Caveat Emptor 297
Time Management 300
Severability Clauses 302
Study Committees 303
Counter Offers and Conditional Offers 304
Creative Ambiguity--Advantages and Perils 306
Complexity, Expertise, and Overwhelming with Numbers 308
Bluffing--Dangers and Opportunities 310
Recovering from Mistakes 311
Evaluating the Other Side's Problems and Intentions 313
Giving Away Ice in the Wintertime 315
Negotiating Against Yourself 316
Concession Timing 318
Does the Other Side Really Want an Agreement? 319
Chapter 13 The End Game and Clock Management
Clock Management in Time Defined Negotiations 321
Money--When To Talk It 324
When Do You Give a Figure and When Do You Avoid Doing So? 327
Using Mediators, Arbitrators, and Other Third Party Neutrals 329
First Offer 334
Intermediate Offers 337
Best, Last, and Final Offers; Throw-Ins; and, "Kickers" 340
The End Game and Negotiation Power 342
Wrapping Up the Final Package 343
Deadlock and Impasse 345
Driving Too Hard a Bargain May Haunt You Later 346
Chapter 14 Following Up on Your Results
Selling Your Package To Get Necessary Ratifications 349
Cost of Settlement Reports 353
Making Sure You Get What You Bargained For 354
Setting the Stage for the Next Negotiation 358
Conclusion 360
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