Charles Craver is the Leroy S. Merrifield Research Professor of Law at George Washington University (Washington, D.C.) where he teaches negotiating. Through his work at the Law School and in workshops throughout the world, Professor Craver estimates that he has taught negotiating skills to some 60,000 attorneys and businesspersons. The Intelligent Negotiator is a book that fulfills the promise of its title. Craver provides the reader with the techniques and skills to become a true master of the craft.
Unquestionably, The Intelligent Negotiator will prove invaluable for the beginning negotiator and a solid source for refining the skills of the more experienced practitioner. Refreshingly, in a field in which so much has been written and is often unacknowledged, Craver credits and draws upon the research and findings of its authors. Additionally, although he has a preferred approach to negotiations, the author provides a fundamental negotiating skills book that does not rest upon the adoption of a singular negotiating style.
"Don't even try to adopt just one negotiating style or philosophy," Craver tells his reader in the first sentence of his work, "for there is no single approach that can effectively govern all bargaining transactions" (p.3). The intelligent negotiator, in Professor Craver's view, is a person who is comfortable working within a suite of negotiating styles. The reader who understands that premise is on the way to wisdom.
The experienced negotiator knows that no matter what the hopes, not every negotiation expands the pie. Negotiators come in all stripes and are driven by differing motives. Success in negotiations requires that its participants understand and adapt easily to the reality of functioning with an arena encompassing widely disparate styles.
Craver notes three major approaches that the intelligent negotiator must master. The first of these is the Competitive-Adversarial. This is the stuff of win/lose negotiations, the zero sum game in which the pie is presumed to be fixed and one participant wins more if the other loses more. The second he defines as the Cooperative-Problem-Solving approach. In this style, the parties seek to expand the pie through engaging in a joint creative enterprise and thereby enable the participants to realize a win/win outcome. The intelligent negotiator recognizes that this second style has inherent rewards and significant risks of exploitation depending upon the true commitments of the parties at the bargaining table to the cooperative negotiating style.
Both styles remain predominant in negotiating and Craver introduces the reader to some of the research on the effectiveness of practitioners of these two dominant negotiating styles. It is interesting research.
Craver cites a study of the negotiating styles of practicing attorneys conducted by Professor Gerald Williams of Brigham Young University some twenty years ago that may surprise many readers. According to Professor Williams' research, most practicing lawyers do not use an adversarial style in their negotiations. Two thirds of the attorneys, as viewed by their colleagues, used a cooperative approach and only twenty-five percent of the lawyers were seen as practitioners of an adversarial style of negotiations (p.10).
More importantly, peer assessment concluded that cooperative negotiators fared far better than adversarial attorneys in the negotiating arena. Fifty-nine percent of the cooperative style negotiators were viewed as effective negotiators and only a miniscule 3 percent were considered ineffective. Only 25 percent of the adversarial style negotiators were deemed effective by their peers and a staggering 33 percent were judged to be ineffective. A more recent study reported last year by Professor Andrea Kupfer Schneider, found over half of adversarial style negotiators were considered ineffective by their peers (p.10).
There is much that the negotiator can draw from these findings, not the least of which is that the intelligent negotiator must be able to adapt and operate successfully in an arena of diverse approaches. Reliance on a singular style, as Professor Craver well illustrates is a recipe for disaster.
Given this, Craver offers a third style as the best primary style for the intelligent negotiator. The Innovator approach, as the author calls his preferred style, is a hybrid of both of the preeminent negotiating approaches. Its hallmarks are beginning with principled offers, matching one's counterpart on how much and what is disclosed, relying on objective criteria and recognizing that the primary goal of the negotiator is to obtain beneficial results for themselves and secondarily for the opponent.
The core of the book, however, is far from a discourse on a singular approach, but rather the teaching of the underlying fundamental skills and techniques that every negotiator regardless of their approach requires to succeed in practicing the art. The book, therefore, is an intelligent negotiator's guide to the practice of negotiations.
Craver explores the process thoroughly and leads his reader through the tough issues confronting every negotiator with concise and well-reasoned advice. The author shows the reader the importance of setting high goals, even increasing them before negotiations begin. He gives the reader solid advice on how to construct an opening offer and coaches the negotiator on its critical impact on the psychology and course of the negotiations to follow. The reader learns how an opening offer operates as an anchor, its role in bracketing the negotiating settlement range and its use in framing the other party's perception of gain and loss in the potential agreement. If these concepts are not clear to you, they are clearly explained in Craver's work.
There is far more in this volume. You will find strategies for multiple item negotiations, techniques for handling absurd positions, some careful advice on reading body language and a host of topics that the intelligent negotiator must know. You will find it a valuable negotiating skills guide of value for any style of negotiations.
To complete his work, the author turns his attention to some of the more special types of negotiating situations that all readers encounter. You will find some insightful advice in his concluding sections on negotiating employment agreements, automobile purchases and real estate bargaining.
Highly recommended.
John Baker, Ph.D.
Editor, The Negotiator Magazine
Click Here to see more reviews about: The Intelligent Negotiator: What to Say, What to Do, How to Get What You Want--Every Time (Hardcover)
