Negotiation Theory & Practice
Michael Alvarez
Stanford School of Medicine Career Center

Julie Matlof Kennedy
Gould Center for Conflict Resolution, Stanford
© 2005 Morrison & Foerster LLP All rights reserved

February 16, 2006

Definition
American Heritage Dictionary

• Negotiation (v.) To confer with another or others in order to come to terms or reach an agreement. (1.) To arrange or settle by discussion and mutual agreement: negotiate a contract. (2) To sell or discount (assets or securities, for example). (3a.) To succeed in going over or coping with: negotiate a sharp curve. (3b.) To succeed in accomplishing or managing: negotiate a difficult musical passage. [Latin negotiari, to transact business]

The Art of Negotiation
• • Negotiation - “the art of letting them have your way.” Your Task - to understand and shape your counterpart’s perceived decisions, so that the counterpart chooses in its own interest something that you also want. “People think of negotiating power as being determined by resources like wealth, political connections, physical strength, friends, and military might. In fact, the relative power of two parties depends primarily upon how attractive to each is the option of not reaching agreement.”
“Getting to Yes, Negotiating Agreement Without Giving In”

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Negotiation Settings & Examples
Many places… • Personal life • Professional life • Etc. Throughout the day… • Driving, walking, etc. • Overcoming challenges • Making decisions Instances… • employment negotiations, dining, buying a car, selecting travel itinerary, resource consumption, settling disputes, etc.

Interpersonal Dynamics & Forces at Play
• • • • • • • • Assumptions – not explicit BATNA (Alternatives) – Always have options! Relationship (l-t vs. s-t) - getting the better of another?? Options (creativity) – no one solution, needle in haystack Communication