The ‘New’ Negotiation: How Good?

April 18, 2025
Scott Pemberton

Make no mistake:  Traditional negotiation tactics and strategies are still on the table. But attitudes and perspectives have changed, and changes in negotiating behavior have followed. The “new” negotiation is more consultative in nature. It’s communication designed to persuade, not pummel; to cooperate, not compete.

Used to be, for example, that resisting compromise tooth and nail was a hallmark of strong negotiators. They may have made little attempt to hide their willingness–even desire–to fight to get their way (fair or foul) or to go down trying. These days, thanks to significant and telling research, negotiators make little attempt to hide their willingness–and, yes, desire–to take a cooperative stance. Smiles, not scowls.

Now, what might also be called the “new niceness” doesn’t mean that all sides aren’t assertive about going after what they want and what they believe they deserve. It means that, assuming comparable skill levels, the “cooperative problem-solving” style is more effective than the “competitive adversarial” style. In addition to being assertive cooperative problem-solvers strive to be empathetic.

So, how do we know which is most “effective”?  In his research, Gerald R. Williams found that when, after a negotiation, each side rated the other in effectiveness:

  • 38 percent of cooperative problem-solvers were rated “effective,” 59 percent “average,” and 3 percent “ineffective.”
  • 25 percent of competitive adversarials, on the other hand, were rated “effective,” 42 percent “average,” and  33 percent  “ineffective”–a tenfold gap in what can also be called “success” in negotiation.

Other researchers have produced results that support Professor Williams’s findings. Williams is the Marion G. Romney Professor of Law Emeritus, J. Reuben Clark Law School, Brigham Young University. We incorporate these consultative communication principles, which also work in consultative selling and business development, in our own course, “Negotiation Today.”

What does this big gap mean to you and your team?  In this post, you’ve heard the  what  of our topic: The “new” negotiation is, indeed, more effective than the old. In our next post, we’ll talk about the  why  and the  how , and offer a few practical ideas on how you, and your team, can become better negotiators.

Scott Pemberton   is a senior consultant at Productive Strategies, Inc., a marketing and management consulting firm specializing in consultative sales training, lead generation and appointment setting, and marketing and marketing communications.  Scott can be reached at 847-446-0008 Extension 3 and at spemberton@productivestrategies.com.

By Phil Krone, President April 28, 2025
Asking the questions that give you the confidence you need to win in sales. 
By Phil Krone, President March 22, 2025
This faith-based not-for-profit achieves 40 percent year-over-year growth for 17 years by applying well-known business principles, one in particular. Why can so few businesses even dream of such growth?
By Phil Krone, President February 17, 2025
Are you selling business to business or business to government or both? There are similarities but also differences that need to be recognized to optimize your results.
By By Phil Krone, President January 17, 2025
Last year after a talk I gave at the Small Business Expo on Business to Business Selling (B2B) , a woman asked for my card because she wanted to meet to tell me about her business and learn more about mine. When we eventually got together she shared that her start-up company’s goal was to console consumers who had suffered the loss of a loved one directly, as she had. But my talk had inspired a new idea: assist funeral homes to improve their services by showing more empathy to their customers who were struggling as she was. I sensed that my talk gave her confidence that, despite the challenges, her business could succeed. What I didn’t realize was that this small assignment for a start-up would eventually have such a big impact on her business as well as an industry. 
By Phillip Krone December 18, 2024
To date we have covered the Sales, Information, Tactical, and Marketing Plan Levels. Although the fifth level is the last to be discussed, it is often what sets a business in motion when it is founded. Today we will illustrate marketing to support a vision by discussing two very successful businesses.
By By Phil Krone, President December 5, 2024
As a reminder, the Five Levels of Marketing are (1) Sales, (2) Information/Data/Analytics, (3) Tactical or Campaign, (4) Marketing or Program, and (5) Vision/Strategic. We’ve explored each of the first three levels in separate columns in August, September, and October. They are available on our website's Productive Insights collection.
By By Phil Krone, President October 16, 2024
Using intelligence from prior levels leads to revenue-building sales campaigns on the ground in real time.
By Phil Krone, President September 16, 2024
Tracking key types of data each month provides insights that can build a highly productive marketing plan.
By Phil Krone, President August 14, 2024
The Five Levels - Sales: Prospecting, qualifying, discovery, presentation, demonstration, proposal writing and closing; Information/Data/Analytics; Tactical or Campaign; Marketing or Program; Vision/Strategic
By Phil Krone, President July 18, 2024
If you believe you have ADHD, you can be more successful by scheduling fewer first meetings and spending that time on more second and third meetings with qualified prospects. For our client, that meant cancelling half the medical CFO conventions his sales rep was planning to attend and investing more time following up with the CFO prospects he had already met. When your discovery is not productive, step back and restart at the point the discussion began to be about whose system is better. That’s an argument you are not going to win. Don’t waste years in prospect meetings in which you ask the same questions every time and get the same answers. Either decide that your product or service isn’t right for this prospect and move on—or broaden your discovery to find a need behind the need. In this hospital case, the hidden need was a fear that because no outside vendors had audited their system they might be in violation of regulations that an outsider would spot right away.
More Posts