Best Practices to Create and to Claim Value

Best Practices to Create and to Claim Value

? Don't Settle for a Larger Slice of a Small Pie

Many negotiators obsess over getting the biggest slice of the existing pie, ending up with a larger portion of something small.

  • This shortsighted approach limits potential gains and leaves significant money on the table.

? Don't Make the Pie Bigger Just to Hand It Over

Some negotiators focus solely on expanding the pie, only to watch the other party walk away with the extra value.

  • Don't fall into this trap.
  • While creating more value is crucial, you must also secure your fair share, or you'll end up as the fool who did all the work for nothing.

? Master Both: Expand and Claim

The real power move is to dominate both aspects.

  • Expand the pie to increase total value, and then ruthlessly ensure you claim the largest possible slice of that enhanced pie.
  • This dual approach sets you apart as a formidable negotiator, maximizing your gains and securing the best outcomes.

Best Practices for Creating Value in Negotiation

1) Build Trust: Trust is the bedrock of any successful negotiation.

  • It fosters open and honest communication, reduces misunderstandings, and promotes cooperation.
  • Trust can be built through transparency, integrity, and respect for the other party's interests and concerns.

2) Exchange Information About Interests, Priorities, and Preferences: Understanding both your own and your counterpart's interests, priorities, and preferences is crucial.

  • Sharing this information helps identify areas of mutual gain and potential trade-offs, creating opportunities for added value.

3) Clarify and Validate Information: While sharing information is important, it's equally crucial to clarify and validate the information received.

  • This ensures a shared understanding, uncovers hidden assumptions, and resolves misunderstandings that might hinder the negotiation process.

4) Add Issues to the Negotiation: Adding more relevant issues to the negotiation can create opportunities for trade-offs and compromises.

  • Although it might seem counterintuitive, having more topics on the table often makes it easier to find solutions that satisfy everyone's interests.

5) Negotiate in Packages: Rather than negotiating each issue separately, consider negotiating in packages.

  • This allows for greater flexibility and creativity, enabling trade-offs across issues.
  • It also prevents deadlock on single issues, ensuring a more satisfactory outcome for all parties.

6) Use MESOs (Multiple Equivalent Simultaneous Offers): MESOs involve presenting multiple offers simultaneously, each equally acceptable to you.

  • This strategy gathers information about the other party's preferences, encourages focus on interests rather than positions, and increases the likelihood of a mutually acceptable solution.

By combining these practices, you can create a collaborative negotiation environment focused on finding win-win solutions that add value for all parties involved.

Best Practices for Claiming Value in Negotiation

1) Set an Ambitious and Realistic Target: Define a clear and ambitious target for your negotiation.

  • Your target should be high enough to push you but realistic enough to be acceptable to the other party.
  • This target will guide your strategy and keep you focused on your desired outcome.

2) Anchor the Negotiation: Anchoring involves setting a reference point around which the negotiation revolves.

  • By making the first offer close to your target, you can influence the other party's expectations and perceptions, helping you claim more value.

3) Re-anchor When Necessary: If the other party makes the first offer far from your target, re-anchor the negotiation.

  • Present counterarguments or new information to shift the focus towards your target.

4) Ensure Reciprocity in Concessions: Every time you make a concession, demand one in return.

  • This ensures that both parties are invested in reaching a mutually beneficial agreement and prevents you from giving away value without receiving something in return.

5) Use Objective Criteria: Support your proposals with objective criteria such as market prices, expert opinions, or precedents.

  • This enhances your credibility and persuades the other party to accept your viewpoint, helping you claim more value.

6) Protect Sensitive Information: Guard your BATNA, reservation price, and urgency like state secrets.

  • Revealing this information can weaken your position, as the other party might use it to their advantage.

7) Use MESOs to Anchor or Re-anchor Aggressively: Using MESOs, present multiple offers close to your target.

  • This anchors or re-anchors the negotiation in your favor and guides the other party toward outcomes that benefit you.


The bottom line: Applying these practices helps you maximize the value you claim in a negotiation while maintaining a collaborative and respectful environment.

Hugo McIntosh

Negotiation, Strategy and Innovation Consultant and Executive Trainer | Certified Professional Coach | Partner and Senior Consultant at Negotiation by Design |

5 个月

Fully agree! And the good thing is whether you find yourself more comfortable in one or other behavior, you can learn and train yourself to be comfortable at both

When it comes to negotiations, the "Claimer" vs. "Creator" dynamic can significantly impact your outcomes. Being a "Claimer" means asserting your demands firmly, while being a "Creator" involves crafting solutions collaboratively. In patent law, adopting a "Creator" mindset can be game-changing. Instead of just staking claims, focus on creating value through innovative approaches. For instance, explore collaborative drafting tools like PowerPatent, which streamline patent application processes for better outcomes. By emphasizing collaboration and innovation, you not only strengthen your position but also pave the way for more efficient and effective negotiations.

Great tips to become a "Crea-imer". Both strategies are key to maximizing your outcomes when negotiating.

要查看或添加评论,请登录

社区洞察

其他会员也浏览了