Negotiation
Dialogue to resolve differences and reach mutual agreement.
Negotiation is a dialogue between two or more parties aimed at resolving differences, securing an advantage for one side or a group, or reaching outcomes that meet various interests. The goal is to find agreement on matters of shared concern, and the resulting deal may benefit all or only some participants. To improve their chances of closing deals, avoiding conflicts, building relationships, or maximizing mutual gains, negotiators should clarify their own needs and wants while also trying to understand those of others. A key factor in success is the level of trust between parties that the negotiated solution will be carried out. People negotiate daily, often without realizing it, in settings such as businesses, nonprofits, governments, sales, legal cases, and personal matters like marriage, divorce, parenting, or friendship. Professional negotiators—including union negotiators, leverage buyout specialists, peace negotiators, and hostage negotiators—often work under titles like diplomat, legislator, or arbitrator. Negotiations can also be conducted by algorithms or machines in automated negotiation, which requires correct modeling of participants and process.
The word "negotiation" comes from early 15th-century Old French *negociacion*, from Latin *negotiatio*, based on *neg-* ("no") and *otium* ("leisure"), originally meaning "business, trade, traffic." By the late 1570s, it had taken on the meaning "to communicate in search of mutual agreement," shifting from "doing business" to "bargaining about" business.
Negotiation takes various forms, such as UN conferences to set international norms, meetings between combatants to end conflict, business meetings to complete transactions, or conversations between parents on childcare. Mediation involves a third party helping conflicting parties negotiate when they cannot do so alone, contrasting with arbitration, where parties commit to accepting a third party’s decision. Workplace negotiations can affect an entire organization’s performance. Theorists generally distinguish two primary types: distributive and integrative negotiation, depending on the negotiators’ mindset and the situation. One-off encounters without lasting relationships tend toward distributive negotiation, while ongoing relationships often require integrative negotiation.
In distributive negotiation (also called win-lose, compromise, positional, or hard-bargaining negotiation), the total benefits and drawbacks are seen as a "negotiation pie." The pie can grow, shrink, or stay the same. If parties expand the pie, a win-win outcome is possible, but this is often hindered by the "small pie bias" (underestimating the pie’s size) or the "incompatibility bias" (underestimating the chance to enlarge it). The pie may also shrink due to excessive negotiation costs. Distributive negotiation operates under zero-sum conditions, assuming one party’s gain is another’s loss—for example, haggling over a car or home price. Each side typically takes an extreme position they know won’t be accepted, then concedes as little as possible. This form often involves people with no prior relationship and little expectation of future interaction, though all negotiations have some distributive element. Because prospect theory shows people prioritize avoiding losses over gaining benefits, distributive negotiation tends to be more contentious and less productive.
Integrative negotiation (also called interest-based, merit-based, win-win, or principled negotiation) uses techniques to improve the quality and likelihood of agreement by recognizing that parties often value different outcomes differently. Unlike distributive negotiation’s fixed pie, integrative negotiation seeks to create value—"expand the pie"—through trade-offs or logrolling, where one item’s loss is compensated by gains from another.
- field
- Conflict resolution, business, diplomacy
- known_for
- Distributive and integrative negotiation types
- types
- Distributive, integrative, text-based, integrated, mediated
- key_concept
- Negotiation pie
Lore & Background
The word 'negotiation' originated in the early 15th century from Old French 'negociacion', from Latin 'negotiatio' (neg- 'no' and otium 'leisure'), meaning 'business, trade, traffic'. By the late 1570s, it had shifted to mean 'to communicate in search of mutual agreement'. Negotiation theorists generally distinguish between two primary types: distributive negotiation and integrative negotiation, though labeling varies. Distributive negotiation, also known as win-lose or hard-bargaining, operates under zero-sum conditions assuming a fixed pie of benefits. Integrative negotiation, also called win-win or principled negotiation, attempts to expand the pie by creating value through trade-offs or reframing issues. Text-based negotiation involves working up a draft text that all parties accept, often using the principle that 'nothing is agreed until everything is agreed'.
Reader's Guide
Negotiation is a fundamental process in human interaction, from daily personal exchanges to high-stakes international diplomacy. Its significance lies in its ability to resolve conflicts, form relationships, and maximize mutual gains. The distinction between distributive and integrative negotiation shapes strategy: distributive negotiation suits one-off encounters where parties seek to claim value from a fixed pie, while integrative negotiation fosters long-term relationships by expanding value. Trust is a major factor in success, though some argue interdependence is more effective than trust for win-win outcomes. Professional negotiators specialize in fields such as union bargaining, peace talks, or hostage situations. Automated negotiation, where algorithms model participants and processes, represents a modern evolution. The concept of the 'negotiation pie' illustrates how value can increase, shrink, or stagnate, with biases like the small pie bias or incompatibility bias potentially hindering optimal outcomes. Mediation involves a third party assisting conflicting parties, contrasting with arbitration where parties commit to a third party's decision. Negotiation's legacy endures as a tool for cooperation and conflict resolution across all sectors of society.
Did You Know?
- The word 'negotiation' comes from Latin 'neg-otium', meaning 'no leisure'.
- Distributive negotiation is also called win-lose, compromise, or hard-bargaining negotiation.
- Mediation is a form of negotiation where a third party helps conflicting parties negotiate.
- Automated negotiation requires correct modeling of participants and process.
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Frequently Asked Questions
What is Negotiation in the context of legal professions?
Negotiation is a structured dialogue carried out between two or more parties with the goal of resolving disagreements, securing a favorable position, or shaping an outcome that addresses multiple interests. It functions as a core mechanism in conflict resolution, business dealings, and diplomacy.
What are the main types of Negotiation?
The field recognizes distributive and integrative negotiation as its two primary categories, alongside text-based, integrated, and mediated forms. Distributive approaches treat the available resources as a fixed pie to be divided, while integrative strategies aim to expand what both sides can gain.
What is the 'Negotiation Pie' and why does it matter?
The Negotiation Pie is the central concept in the field, representing the total pool of value that parties can claim or create during a dispute. Understanding whether the pie is fixed or expandable directly shapes which negotiation strategy a practitioner will employ.
In what settings does Negotiation take place?
It appears across business transactions, governmental diplomacy, formal legal proceedings, and everyday personal disputes. The process can be carried out by human negotiators or by automated systems, depending on the context.
Why is Negotiation considered important in legal practice?
It provides a structured pathway for parties to resolve differences and reach mutual agreement without escalating to adversarial litigation. Because it can be tailored to satisfy varied interests, it often produces outcomes that a court judgment alone could not achieve.
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