ADR Core Module study materials
ADR Core Module study resources

ADR Core Module: Negotiation Theory and Practice

ADR Core Module · Work through your exam, one topic at a time.

All guide sections

Negotiation Theory and Practice

The Negotiation Theory and Practice domain tests whether you can analyse a bargaining situation structurally - who has leverage, where the zone of agreement lies, which biases are distorting judgment - and apply principled negotiation inside a mediated process.

Distributive and integrative bargaining

Distributive bargaining divides a fixed pie and turns on anchoring, concessions and resolve. Integrative bargaining expands the pie by trading on differing priorities, valuations, forecasts, risk tolerance and timing. Most real negotiations are mixed-motive: parties create value and claim it. The Thomas–Kilmann styles - competing, collaborating, compromising, avoiding, accommodating - are situational choices, not personality types.

Core analytical tools

BATNA (best alternative to a negotiated agreement) is what you do if talks fail; it sets the floor of credibility but is not the same as your reservation price, which is the worst acceptable deal including non-price terms. WATNA is the worst alternative. The ZOPA (zone of possible agreement) is the overlap between the parties' reservation prices; if it is empty, no deal is rational without changing the game. Principled negotiation separates people from problems, focuses on interests not positions, generates options before deciding, and insists on objective criteria.

Biases and dynamics

Anchoring, framing, reactive devaluation, escalation of commitment, availability and overconfidence all distort judgment. Negotiating in the shadow of the law means predictions about trial or arbitration shape reservation prices; in mediation, the neutral reality-tests those predictions.

Worked example

A seller will not go below 80,000 and hopes for 100,000. A buyer will not exceed 105,000 and hopes to pay 90,000. The ZOPA is 80,000–105,000. If the buyer opens at 70,000 and the seller counters at 110,000, both open outside the ZOPA; the risk is that anchoring and reactive devaluation delay discovery of the overlap. A mediator might reframe around payment terms and delivery risk so the seller gains on timing while the buyer gains on price.

Traps

Equating BATNA with reservation price; assuming a ZOPA always exists; treating integrative bargaining as available in every dispute; ignoring that a BATNA shifts as litigation risk and cost estimates change.