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Legal Negotiation Tactics

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Anchoring

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An initial offer or position set to influence the negotiation process and establish a reference point. Best used early in negotiations to shape perceptions of value.

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Bracketing

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Offering a counteroffer that is as far from your opponent's offer as their offer was from yours, to slowly converge on an agreement. Use in response to extreme offers.

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Red Herrings

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Introducing an irrelevant or minor issue to divert attention from the main issues. Utilize when you want to sidetrack the negotiation or reduce focus on a disadvantageous point.

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BATNA (Best Alternative to a Negotiated Agreement)

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The best course of action if no agreement is reached. Should be evaluated before and during negotiations to strengthen your position.

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Trial Balloons

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Floating an idea or proposal as a test to see the reaction of the other party without making a firm commitment. Use when you need feedback on an idea before making a formal proposal.

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Boulwarism

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Presenting a take-it-or-leave-it offer in negotiations. It is best used when you have a strong advantage and can afford to be inflexible.

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Take It or Leave It

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A final offer with no room for further negotiation. Used as a last resort when you are ready to walk away rather than concede any more.

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Deadlines

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Setting a fixed end time for negotiations to apply pressure and encourage conclusive decisions. Implement when desiring to accelerate the negotiation process.

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Reciprocity

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Offering a concession with the expectation that the other side will reciprocate. Employed when a cooperative approach is likely to be beneficial.

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Limited Authority

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Claiming limited decision-making power to curb expectations and push for better offers. Use it when you want to make it clear that you cannot make concessions beyond a certain point.

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Selective Presentation

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Choosing only favorable facts or arguments to present in the negotiation. Employ it when you wish to highlight strengths and minimize weaknesses of your position.

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The Bogey

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Pretending that an issue of little or no importance to you is very important. Then, later giving in on that issue to extract concessions on issues that actually matter. Best used when you have multiple negotiation issues.

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Nibbling

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Asking for small additional concessions that were not included in the original discussions after an agreement is nearly reached. Best used at the end of a negotiation.

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Snow Job

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Overwhelming the opposition with excessive information to distract from key issues. Employ when possessing a vast amount of data and needing to obscure true intentions.

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Sweeteners

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Offering additional benefits to make an offer more appealing. Best used when negotiation is close to a stalemate but both parties want to reach an agreement.

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Highball/Lowball

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Starting with a deliberately high or low offer to leave room for concessions. Use it to test the other party's expectations and to shift the middle ground.

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Flattery

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Complimenting and praising the other party to create goodwill and an amicable atmosphere. Effective when wanting to establish a positive rapport for smoother negotiations.

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Norm of Reciprocity

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Offering something to the other party expecting that they will feel obligated to return the favor. Utilize when you believe the other party adheres to cultural norms of fairness and reciprocity.

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Split the Difference

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Proposing to meet halfway between the two positions as a fair compromise. Use when the negotiation stalls and both parties are equidistant from their goals.

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Good Cop/Bad Cop

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One negotiator adopts a tough stance while another is conciliatory. The tactic aims to create tension and relief cycles, making the other party more likely to concede. Best implemented in a team negotiation setting.

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Exploding Offers

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Offers that have a very short time limit for acceptance, pressuring the other party to decide quickly. Use when you want to push for a rapid close.

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Silence

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Intentionally not responding to offers or statements to compel the other party to reveal more information or make concessions. Best used strategically when the other party is uncomfortable with pauses.

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Logrolling

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A negotiation tactic where parties exchange concessions on issues of varying importance to each. Use it when interests overlap but are not identical.

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Framing

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Presenting information in a way that emphasizes certain aspects to shape perception and influence decision-making. Best used to direct focus on the positives or negatives that benefit your case.

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Multiple Equivalent Simultaneous Offers (MESOs)

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Presenting multiple offers at the same time, all of which you find acceptable. It allows you to understand the other party's preferences and priorities. Employ when flexibility is possible in the deal structure.

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