Best Practices in Negotiation - What Would Be Fair to You?
December 29th, 2009 |
In several experiments “A” was given $100 and instructed to share it with “B” in any manner he wished.
Often, the $100 was split right down the middle. Sometimes, “A” elected to keep more than $50 for himself.
In those cases, when “B” was asked what he thought of the unequal distribution, repeatedly the word “unfair” came up. Though receiving any amount was a windfall to both “A” and “B,” there is a perception that if one party receives more, something is wrong.
Indeed, there were occasions where “B” would say, more or less, “To heck with this!” and storm off in protest, spurning what he considered to be an unfair distribution.
There are some negotiation pundits that urge us to avoid the closing a gap in a proposed bargain by accepting an enticement to “split the difference.” Their argument is that if you split the difference more than once in the same deal, you’ve come out worse than if you gradually edged your way, back and forth, to a mutually acceptable figure.
That may be true, but I have never been asked to split the difference, in rapid succession, in the real world of business.
But even more significant is the fact that splitting the difference seems “fair,” if only because both parties are agreeing to close a gap by conceding the exact same amount at the same time.
Americans, especially, are wedded to the concept of “fair dealing” between parties, and this exact phrase is seen in contract law, where there is “an implied covenant of good faith and fair dealing” imputed to exist in every agreement.
For this reason, I suggest, on occasion, especially if you seem to be deadlocked and not making any progress, floating this question: “What would be fair to you?”
First, it signals that you’re interested in achieving an equitable deal. Second, it gets the other party to make an offer, and if you accept, or even come close in your counteroffer, you’ll probably strike a bargain others will feel they can live with.
As I say so often in my seminar, “Best Practices in Negotiation,” there are exceptions to nearly every “rule,” including that one that urges us to avoid splitting the difference.
Dr. Gary S. Goodman is a top speaker, sales, service, and negotiation consultant, attorney, TV and radio commentator and the best-selling author of 12 books. He conducts seminars and speaks at convention programs around the world. His new audio program is Nightingale-Conant’s “Crystal Clear Communication: How to Explain Anything Clearly in Speech & Writing.” His web site is: http://www.customersatisfaction.com and he can be contacted at gary@customersatisfaction.com.
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