U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Negotiating Power - Getting and Using Influence

NCJ Number
American Behavioral Scientist Volume: 27 Issue: 2 Dated: (November-December 1983) Pages: 149-166
R Fisher
Date Published
18 pages
This paper discusses six elements of negotiating power that can be acquired before and during negotiation, considers the sequence in which these power elements are best used to maximize their cumulative impact and explores the debilitating effect of making threats at an early stage of the negotiation.
Negotiating power is often viewed as superior power to physically punish the other party if the party does not come to an acceptable agreement. A typical tactic which is seldom effective and can push the parties into a dangerous corner is to enter the negotiation with an intransigent posture that demands conciliation from the other party. Power likely to achieve a satisfactory negotiation outcome consists of negotiating skill and a thorough knowledge of facts and issues pertinent to matters being negotiated. Negotiation power also lies in a good working relationship that involves trust and effective communication with the other party. Other elements of negotiating power include having a beneficial alternative should negotiations fail and authoring an elegant solution to the conflict that equally benefits the parties. Negotiation power further rests in having a negotiation position that is overtly fair or in accordance with law and legal precedent. Finally, negotiation power lies in specifying what one is willing or unwilling to do, thus setting parameters for negotiation. Two notes and four references are provided.


No download available