WITH THE DEVIL
When to Negotiate,
When to Fight
ROBERT MNOOKIN
ROBERT MNOOKIN is professor of law at Harvard Law School, the director of the Harvard Negotiation
Research project and chair of the Program on Negotiation at Harvard Law School. Dr. Mnookin has taught several workshops on negotiation skills for corporations, government agencies and law firms. He is the author of nine books including Beyond Winning, Negotiating on Behalf of Others and Barriers to Conflict Resolution as well as numerous articles. Dr. Mnookin has been involved in resolving numerous landmark commercial disputes including that between IBM and Fujitsu over operating system software and between Boston
Scientific and Medinol over intellectual property rights. Dr. Mnookin is a graduate of Harvard College and
Harvard Law School.
The Web site for this book is at www.BargainingWithThe Devil.com.
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Bargaining With the Devil - Page 1
MAIN IDEA
If someone does you wrong in business or in life, should you bargain with them or ignore them and go straight to warfare or litigation?
This is actually a highly strategic question and one of the most challenging issues in any negotiation. If you attempt to make a deal with the other party, you are in effect legitimizing their authority and position. For example, if a government negotiates with terrorists, then it is effectively stating the terrorists have a point and are worth speaking to in order to come to some