CONTENTS

BY WAY OF INTRODUCTION

Building up from the Basics The Case of the Torn Twenty What's Your Style? An Inventory of Strengths and Weaknesses The Location of the Loot Positioning Yourself for Compromise Expanding the Pie The Basic Skills and the Game Plan Approach The Goal of Mutual Satisfaction Competitive vs. Cooperative Bargaining The Composite Approach to Negotiating A Personal Viewpoint

PART I The Basic Negotiating Skills

1 A PREVIEW OF THE BASIC SKILLS

The Case of the Overreaching Subtenant Analyzing the Leverage The Role Information Plays Striving for Credibility Judgment and the Principle of Balance The LT Saga

2 LEVERAGE -- THE ABILITY TO COPE WITH (AND EXPLOIT) AN UNLEVEL PLAYING FIELD

The Case of Harry's Dwindling Navy Necessity, Desire, Competition, and Time Don't Ignore Apparent Leverage When the Balance Tips Your Way When You're at a Clear Disadvantage When the Leverage Factors Conflict When You're Running a Quasi-Auction Leverage Wrap-up

3 INFORMATION -- THE ABILITY TO FERRET OUT (AND PROTECT) VITAL FACTS

The Case of the Valued Employee What Information Are You Seeking? Prying the Information Loose Comparing Direct and Indirect Probes Protecting Sensitive Information Need Funds, Lack Bidders Lying -- The Clear "No-No" Posing the Ethical Issue Blocking Techniques The Need to Debrief Information Wrap-up

4 CREDIBILITY -- THE ABILITY TO BE BELIEVABLE YOURSELF AND TO SPOT THE OTHER SIDE'S BLUFF

Transmitting and Receiving Positive Information The Credibility of "Final" Positions The Pizza Consultation When You're for Real Sending Blue-Chip and Bargaining-Chip Messages When You're Bluffing Dealing with What Might Be a Bluff Credibility Wrap-up

5 JUDGMENT -- THE ABILITY TO STRIKE THE RIGHT BALANCE BETWEEN VYING AND COMPROMISE

The Principle of Balance Perseverance and Its Progeny The Need for Perspective The Case of the Kitchen Range Forging a Balanced Approach The Elements of Style The Hairy-Chested School of Negotiating Judgment Wrap-up

PART II The Negotiator's Game Plan

6 AN OVERVIEW OF THE GAME PLAN APPROACH

Asking the Boss for a Raise What Do You Want? Where Do You Start? When Do You Move? How Do You Close?

7 ASSESSING YOUR REALISTIC EXPECTATIONS

Why Expectations Are Important The Periodic Need to Stretch The Case of the Cautious Caterer Evaluating Your Aspiration The Role Played by Feasibility Combating the Three Faces of Unreality Factoring In the Leverage From the Seller's Vantage Point Reassessing Expectations as the Negotiations Develop Expectations on Nonprice Issues Expectations Wrap-up

8 DETERMINING THE APPROPRIATE STARTING POINT

Starting Out in Sporting Goods Who Goes First on Price? Who Goes First on Nonprice Issues? When to Raise the Issue How Much Room to Give Yourself on Price Is Using a Range Helpful? Bargaining Room on Nonprice Issues Buttressing Your Position with Rationale Giving Your First Offer the Proper Emphasis Reacting to the Other Side's Price Offer Putting Your Response on the Table Reacting and Responding on Nonprice Issues Starting Point Wrap-up

9 DEVISING A CONSTRUCTIVE CONCESSION PATTERN

The Emphasis Is on the Process Substituting Momentum for Intransigence Sending a Message Good Sport Revisited Reacting to a Counteroffer The First Concession and Bidding Against Yourself Managing the Concession Pattern "Get Out of the Business -- and Stay Out" The Anatomy of a Concession Pattern The Use and Misuse of Deadlines Concessions Wrap-up

10 ARRANGING THE ULTIMATE COMPROMISE

Warm Bodies: A Piece of the Action Facing Up to "No Deal" Should You Compromise or Hold Firm? The Right Place for a Bluff Putting in a Good Word for Compromises Give the Process Time to Work Splitting the Difference Reducing Principles to Dollars Creativity I -- Dividing Up Issues Creativity II -- Expanding the Pie Compromising among Issues The Package Deal The End of the Road Compromise Wrap-up

PART III Using Agents, Resolving Disputes, and Other Real-World Concerns

11 BARGAINING THROUGH, WITH, AND BETWEEN AGENTS

The Pros and Cons of Using an Agent The Start-up Employment Contract Understanding What's Important to the Principal The Agent's Involvement in the Principal's Decisions The Risk-Reward Analysis The Agent's Involvement in the Principal's Game Plan "Negotiations" between Principal and Agent Dealing with the Other Side "Let's Kill All the Lawyers" The Issue of Limited Authority When Both Principal and Agent Are in the Room Agent Wrap-up

12 RESOLVING DISPUTES

The Omnipresent Litigation Alternative The Emotional Baggage The Slow Dance to Initiate Talks The Decision Whether to Head Off a Collision Problems Related to Litigators The Case of the Flawed Consultation Negotiating Pointers Alternative Dispute Resolution Disputes Wrap-up

13 TOUGH TACTICS, GOING TO CONTRACT, AND MORE

Psychological Warfare Threats Negotiations between Corporate and Multiple Parties Bargaining on the Telephone Putting It in Writing The Last Word on Smart Negotiating

POSTSCRIPT

THE SMART NEGOTIATOR'S CHECKLIST

Preparation Before the Negotiation Starts Once the Negotiation Begins Bringing the Negotiations to a Close

ACKNOWLEDGMENTS

INDEX