Guide to Effective Negotiation Strategies Employed in Mediation of Large Dollar Disputes

American Bar Association

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PUBLISHED ON: February 25, 2011

During the course of arms control treaty negotiations, the negotiators for the former Soviet Union were notorious for their tactics and strategies.

Typically, they viewed negotiating as a zero-sum game where what one party wins, the other party loses. As a result, their tactics were very aggressive and included the use of
rage, anger, and threatening to pull out of the negotiations entirely.

In the face of such intransigence, it is important to remain calm, allow the anger to dissipate or blow over, and to stress the benefits of mutual cooperation. In doing so, you
can convince the other side that the situation is, in actuality, a positive-sum game in which both parties can come away better off. For example, a speedy resolution through
mediation will avoid costly litigation and save both parties from expending significant sums in attorney's fees and expenses; costs that could very well exceed the liability of
liable party or the recovery of the party seeking relief.