By David A. Lax
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Additional resources for 3-d Negotiation: Powerful Tools to Change the Game in Your Most Important Deals
There’s me, and there’s the guy across the table, and we’re settling on the right price. Who Are the Real Parties? The truth is that really understanding the full set of interested parties—including those now in the picture, and those who may need to enter the picture—often requires a real act of imagination. Let’s say you’re the seller. Are you absolutely sure that the prospective buyers you have in mind are the most motivated buyers? Is there another way of looking at your product or service—another context in which it could be used—that would make it even more valuable to another kind of buyer?
Win-win negotiators, by contrast, have for some time now represented the new way. They promise innovative solutions, more value, and better relationships. 1 Win-win types don’t sit around cooking up unilateral ways to get more than their fair share at the table; they’d rather engage in joint brainstorming sessions to come up with creative solutions that “make the pie bigger” for all. Experience has probably given you an intuitive feel for the pluses and minuses inherent in each approach. Yes, the aggressive win-lose negotiator gets a better deal some of the time.
If there’s a contract involved, should it be an unusual kind of contract—one with a more creative concept and structure than we’ve used before? One that meets ego needs as well as economic ones? A Few Deal-Design Examples Conventional wisdom says that we negotiate to overcome the differences that divide us. So, typically, we’re advised to find win-win agreements by searching for common ground. While identifying common ground almost always helps, many of the most frequently overlooked sources of value in agreement arise from differences among the parties.