Negotiation Tactics from Down Under

With the new school year under way at the University of British-Columbia, CORE is up and running again! We have a fresh set of student bloggers who will be bringing you weekly updates with stimulating thoughts on the world of alternative dispute resolution.

Recently the Faculty of Law was privileged to host a full day seminar on the art of negotiation run by Professor John Wage. Professor Wade has authored over 100 articles and books and has taught over 300 mediation and negotiation courses around the world. Currently, Professor Wade is the director of the dispute Resolution Centre within bond University's Faculty of Law.

The session was designed to provide an introductory lecture for students to learn the nuances of negotiation. Professor Wade described positional bargaining (primarily quantifiable solutions) and interests based (underlying goals behind the mediation) as the archetypical approaches to negotiation, but stressed that both types should be used in concert to facilitate a successful resolution. Students were also introduced to BATNA (best alternative to negotiated agreement), WATNA (worst alternative to negotiated agreement) and the MLATNA (most likely alternative to negotiated agreement) in order to accurately frame the issue at hand.

In addition to lecturing on the theory behind successful negotiations, Professor Wade also presented some of the common mistakes committed by professional negotiators. Here are some of the most interesting:

1. Seeing the Elephant in the room: 

Failing to listen effectively 

Professor Wade stressed that one of the most common mistakes committed by lawyers when negotiating is a failure to listen. It is important to understand what the objectives of a client are in negotiation and to allow them to participate in the process. Often the greatest progress is made when the parties are able to speak candidly with one another.

2. Know what you want: 

Being Unclear in client’s interests and BATNA

This stems from the previous mistake, as a failure to accurately frame the heart of the issue will lead to ineffective negotiation. It is important that negotiators clearly state their position and disclose helpful information to the other party, particularly information that strengthens your position.

3. Know who to invite to the party:

Bringing the wrong people to the negotiation

People can generally be grouped into different conflict management styles based on their inherent temperament. Having too many people in the room with similar characteristics can lead to undesirable difficulties, avoidance of issues, inequitable solutions.  Therefore, given the circumstances of the situation, it is important to have a number of people or an individual at the negotiating table that is capable of shifting between mindsets (compromising, obliging, integrating, avoiding, or dominant).

4. Playing in the Mud: 

Staying on difficult questions for too long, instead of moving on to other questions

When a difficult issue presents itself it may be necessary to, “park it” and move onto another area of disagreement. Rarely in the course of negotiation will it be useful to continue on an issue that becomes seemingly intractable. Moving to another issue may help to mitigate some of the difficulties and challenges presented by the previous dilemma. It is important to emphasize areas of agreement to instill positive sentiment and to make parties feel closer to a solution.


If you have additional questions for Professor Wade feel free to contact him through Dispute Resolution Centre at Bond University drc@bond.edu.au. Keep your eyes out for future blog posts!