Characteristics of the Master Negotiator 

By Thomas Noble

Law Offices of Thomas Noble, P.C.
5924 Royal Lane, Suite 152
Dallas, Texas 75230
214-692-1888
fax: 214-692-8577
tnoble28@hotmail.com
http://www.tnoble.com/

Presented to the Dallas Bar Association
ADR Section

October 25, 2000

Characteristics of the Master Negotiator

What does the "master negotiator" know (or do) that the novice does not? The "master negotiator" understands and implements the following principles:

1. Everything is negotiable all of the time.
2. Every negotiation involves a multi-layered tapestry of people and circumstances, which should be considered.
3. Timing is critical.
4. Lines of communication are critical.
5. Compromise is always available.
6. Every negotiation involves one or more problems, or "issues", which can be sub-divided when necessary, to make the negotiation more manageable and to allow for partial agreements.
7. There are multiple solutions to every problem.
8. "Fair" is a range, not a point.
9. Skillful negotiation involves evaluating the parties’ relative power at the bargaining table and manipulating that power to effect a successful result.
10. The elements of negotiating power include:
    1. preparation,
    2. leverage,
    3. information,
    4. number-crunching,
    5. understanding the participants, and
    6. patience.
11. Success depends upon a negotiation strategy, which includes a closing strategy, based upon ambitious and specific goals.
12. How and when to use third parties, like mediators and arbitrators, to advantage is important.
13. It is often better to leave something on the table than to leave the table without an agreement.
14. It is important to attend to detail, but don’t sweat the small stuff.

Works Consulted

Bargaining for Advantage: Negotiation Strategies for Reasonable People by G. Richard Shell.

Getting Past No: Negotiating Your Way From Confrontation to Cooperation, by William Ury.

Getting to Yes: Negotiating Agreement Without Giving In by Roger Fisher and William Ury.

Reading People: How to Understand People and Predict Their Behavior-Anytime, Anyplace by J-Ellan Dimitrius and Mark Mazzarella.

Smart Negotiating: How to Make Good Deals in the Real World, by James C. Freund.

The Art of SpeedReading People: Harness the Power of Personality Type and Create What You want in Business and in Life, by Paul D. Tieger and Barbara Barron-Tieger.

Thirteen Days: A Memoir of the Cuban Missile Crisis by Robert F. Kennedy.