How to negotiate rationally in an irrational world

Oscar Pérez de la Fuente

Universidad Carlos III de Madrid

https://orcid.org/0000-0002-3708-846X

Abstract

This paper reviews and contextualises Deepak Malhotra and Max H. Bazerman’s chapter “How to negotiate rationally in an irrational world” from Negotiation Genius, highlighting how psychological biases shape bargaining outcomes even among skilled negotiators. Framed as an analysis for the Minerva Strategy Blog, the text distinguishes biases of the mind (e.g., fixed-pie assumptions, attention to dazzling attributes, and non-rational escalation of commitment) from biases of the heart (e.g., conflicting motivations, egocentricity, overconfidence, irrational optimism, and regret aversion). Drawing on Daniel Kahneman’s dual-process theory, it argues that effective negotiators should shift from intuitive, automatic “System 1” responses to deliberate “System 2” reasoning when stakes are high. Practical recommendations include creating explicit System 2 checklists, avoiding negotiations under time pressure and ultimatum tactics, and spreading complex bargaining across multiple sessions to reduce improvisation and error. The paper also stresses learning through analogies by studying multiple negotiations simultaneously and focusing on underlying principles rather than details, echoing the Harvard Method’s emphasis on interests over positions. Finally, it addresses interacting with others’ biases by anticipating their consequences, encouraging less biased decision criteria, and systematically verifying counterpart information to maintain rational judgment in imperfect contexts.

Keywords: bias, emotions, information, interests, positions, ultimatums

Deepak Malhotra  and  Max H. Bazerman are professors at Harvard University and authors of the book  Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond (2013). This work is particularly interesting because, in addition to using common tools and concepts from Negotiation Theory, delves into the field of emotions, approaching negotiation processes from the perspective of Psychology. 

Specifically, one of the most relevant parts of the book is the analysis of biases in negotiation. Biases occur in the heart and mind and “affect even the best and brightest”  (Malhotra, Bazerman, 2013, 197). Malhotra and Bazerman study: fixed-size pie bias, dazzling attributes bias, non-rational escalation of commitments bias as biases of the mind; conflicting motivations, egocentricity, overconfidence and irrational optimism, regret aversion as biases of the heart.

Below, we will analyse the chapter “How to negotiate rationally in an irrational world”, where these authors explain how to deal with the biases of the heart and mind in negotiation contexts, from the perspective of Minerva Strategy Blog.

Strategy 1 on how to deal with your own biases states: “Think according to system 2″ (Malhotra, Bazerman, 2013, 199). . The Nobel Prize in Economics Daniel Kahneman  In his work Thinking, Fast and Slow, he has analysed certain phenomena concerning the influence of Psychology in Economics, such as anchorage.  

System 1, which corresponds to intuition, is generally fast and automatic, without the implicit and emotional effort with which we make most decisions in our lives. System 2 corresponds to reasoned thinking, is slower, requires effort, and is explicit and logical. You could say that we generally have “autopilot” in system 1, and if something does not work, system 2 kicks in.

The first recommendation in this strategy is: “Make a list for System 2” (Malhotra, Bazerman, 2013, 200).  Important decisions, therefore, in the business world should be made by System 2. In other words, they should be carefully considered, properly thought through, weighing up the various scenarios and values at stake. Do not be swayed by first impressions, impulses, or emotions, which are implicit in biases. Skilful management of these biases can be part of the business practices and tricks of the other party.

The second tip states: “Avoid negotiating under time pressure” “(Malhotra, Bazerman, 2013, 200-201). Time management is crucial in many negotiations. It is important to know how to deal with ultimatums, which, in many cases, are just another negotiating tactic. The key is that, with less time, it will be more difficult to properly analyse the negotiating map. 

The third recommendation states: “Spread negotiations over multiple sessions” (Malhotra, Bazerman, 2013, 202). . To avoid unpredictability and improvisation in decision-making, it is beneficial to be able to negotiate over several sessions, allowing all relevant issues to be addressed from different angles with certainty. 

Strategy 2, on how to deal with your own biases, states: “Learn by using analogies” (Malhotra, Bazerman, 2013, 202)Experience is a source of knowledge; you learn from your mistakes. The authors summarise this approach by stating that “the key is to figure out how to extract principles from experiences and examples”. Precedents for a similar situation should be taken into account and their relevance in the course of events should be assessed. 

The first tip in this strategy 2 is: “Study multiple negotiations simultaneously” (Malhotra, Bazerman, 2013, 204)It is useful to learn about various strategies and negotiation frameworks similar to the one you are involved in. It is also beneficial, in light of this information, to map out various negotiation scenarios, with the possible outcomes for the parties involved.

The second recommendation states: “Focus on principles, not details” (Malhotra, Bazerman, 2013, 205). The important thing is to identify the interests involved and what might be the best way to satisfy them for both parties. This is the most genuine area of negotiation, which reminds me of the principle of the Harvard Method: Focus on interests, not positions.

Strategy 3 on how to deal with your own biases states: “Adopt the outsider’s perspective”. The parties are sometimes so involved in a negotiation that the intervention of an impartial third party is necessary. This is even institutionalised in the form of negotiation mediators. Or, in some regulated cases, the parties may submit their case to arbitration by a third party.

Strategy 1 for dealing with other people’s biases states: “Incorporate the consequences of others’ biases into your strategy” ” (Malhotra, Bazerman, 2013, 205)At this point, Malhotra and Bazerman seem to be saying that if others act on biases of the heart or mind, that is to say if they are irrational, we should build our strategies to take advantage of this in business interactions.

Strategy 2 for dealing with other people’s biases states:  “Help others apply less biased criteria” (Malhotra, Bazerman, 2013, 212). One thing you can share with the other party is the lesson of making decisions within a reasonable time frame, after conducting a thorough analysis, without emotional constraints, and detecting negotiating tactics and tricks.  

Strategy 3 for dealing with other people’s biases says, “Weigh up the information provided by others” (Malhotra, Bazerman, 2013, 214). Relevant data provided by the other party in business contexts should be routinely checked. A typical example is the price of an item for rent or sale. It is advisable to find out the market price of that item, whether for rent or sale, and compare it with the offer made. Some people complain about the purpose of these checks, as if they were a sign of a lack of trust. They simply seek to avoid bias in the negotiation because, as Malhotra and Bazerman argue, we seek to negotiate rationally in an irrational world. 

References

Kahneman, Daniel (2011), Thinking fast and slow, New York: Farrar, Straus and Giroux. 

Malhotra, Deepak, Bazerman, Max H. (2013), El negociador genial. Cómo obtener grande resultados en la mesa de negociación y más allá, Barcelona: Ediciones Urano, trans: María Isabel Merino Sánchez.

The power of empathy

Oscar Pérez de la Fuente

Universidad Carlos III de Madrid

https://orcid.org/0000-0002-3708-846X

Abstract

This paper examines the strategic value of empathy in difficult negotiations, drawing on Deepak Malhotra’s discussion of “The Power of Empathy” and situating it within a broader framework of negotiation methods associated with the Harvard Negotiation Project. Rather than treating empathy as a purely moral stance, the analysis presents it as an information‑gathering and option‑expanding tool: understanding the other party’s constraints, identity-linked drivers, and perceptions can reveal hidden interests and unlock agreements that preserve dignity while improving outcomes. The paper contrasts practical “rules” for interpersonal conduct—golden, silver, and bronze—as different strategic postures for managing reciprocity and potential exploitation. It then explores a central tension in bargaining between strategic flexibility and credibility, highlighting how negotiators can design proposals that allow counterparts to “save face” without sacrificing intelligent solutions. Finally, the text considers the role of threats and ultimatums, arguing that reframing and integrating them into a wider negotiation structure can reduce escalation and keep channels open. Throughout, the paper emphasizes trilateral thinking: third parties frequently shape interests, alternatives, and perceived power, and empathetic analysis should extend to these external influences. The overall contribution is a concise, strategy-oriented interpretation of empathy as a mechanism for diagnosing conflict dynamics and enlarging the set of viable, durable settlements.

Keywords: empathy, negotiation, credibility, flexibility, positions, interests

The Harvard Negotiation Project at the Harvard Business School has developed a   Negotiation Method, the principles of which are explained in the best-selling book  Getting to Yes. How to negotiate without giving in, by Robert Fisher and William Ury. Another Harvard professor, Deepak Malhotra, has a book entitled Negotiating the Impossible. How to break deadlocks and resolve ugly conflicts (without money or muscle) , where he analyses how they act in the context of complicated negotiations. 

Below, we will analyse some of Malhotra’s advice in the section of his book on complex negotiations, ‘The Power of Empathy’, from the perspective of the Minerva Strategy Blog.

Empathy expands the set of options you have for resolving the conflict. The better you understand the other side’s perspective, the more likely you are to find a solution (Malhotra, 2016, 128)..

Empathy is often understood as putting oneself in another’s situation.  The  Golden Rule  maintains that “treat others as you would like to be treated.” A good exercise is to ask yourself: if I were in the other person’s situation, how would I like to be treated and how would I behave? This rule is fine, but it should include safeguards to prevent exploitation. The Silver Rule states: “Do not do unto others what you would not have them do unto you.” This would be a practical application of empathy. However, ultimately, there is the Bronze Rule: “Do unto others as others do unto you.” This would be an extreme form of reciprocity and, at times, the mere possibility of applying this Bronze Rule may have strategic value.

Empathy is needed most with people who seem to deserve it least. The more intolerable their behaviour, the greater the potential benefit of understanding it (Malhotra, 2016, 128)..

There may be individuals with challenging personalities or who find themselves in complicated situations, or who may behave unusually due to cultural, religious, gender, disability, or other identity factors.

The relevant issue is that, in business contexts, information about the parties’ backgrounds is key. This data can help explain certain behaviours and attitudes, and/or justify each party’s actions and action plan from their point of view. This exercise in understanding the other party can be useful, as it can highlight differences in interests, assessments or perceptions that may be of strategic interest.

There is almost always a trade-off between maintaining strategic flexibility and safeguarding credibility (Malhotra, 2016, 130).

The term trade-off is used in economics as a synonym for compromise, referring to a situation in which gains are made on one side, but losses are incurred on the other. 

Credibility is the degree to which others believe that we will follow through on our commitments. From the deontological ethical model, Kant is the ultimate example of credibility, as he maintained that promises must always be kept. Strategic flexibility is the option to change one’s mind if continuing with previous commitments seems unwise. In the Machiavelic ethical model, Machiavelli is the paradigm of strategic flexibility; for example, in chapter XVIII of The Prince, he analyses whether the prince should keep his word. 

Typically, Malhotra asserts, we want as much credibility as possible while maintaining flexibility. However, if we invest more in strategic flexibility, we typically have less credibility, and vice versa. 

Don’t force people to choose between doing what is smart and what save face (Malhotra, 2016, 132)..

A first rule of negotiation, linked to empathy, is that proposals for agreement and subsequent negotiations should be framed so that one party is trying to “save face” for the other. In other words, consider the specific consequences the proposed deal will have for the other party. But here, Malhotra, in line with the Harvard Negotiation Project, goes further and calls for the other party to be provided with an intelligent solution. This means the other party must also consider it a good agreement. 

Ignore ultimatums. The more attention you give to them, the harder it will be for the other side to back down if the situation changes (Malhotra, 2016, 145).

Ultimatums can be seen as threats. A distinction should be made between business threats and real threats. The former plays a strategic role in negotiation, and the key is their credibility in the eyes of the other party. Real threats will entail a specific response, with negative consequences, towards certain behaviours. Malhora’s advice is to ignore ultimatums and threats and reformulate them so they can be incorporated into the broader negotiating framework. 

Think trilaterally: evaluate how third parties influence or alter the interests, constraints, and alternatives of those at the table (Malhotra, 2016, 161).

In certain negotiations, the weight and influence of third parties are very present, conditioning the entire negotiating framework, whether in terms of interests, communication between the parties, or perception. A key point from this perspective is the real power of third parties in the framework, development, and agreement of the negotiation, and the type of link that connects the other negotiating party and the third party. If the real power and influence of the third party are strong, there is no doubt that we must think trilaterally; even if they are somewhat weaker, it is worth considering the third party’s power and influence in favour of our cause. 

References

Malhotra, Deepak (2016), Negotiating the Impossible. How to Break Deadlocks and Resolve Ugly Conflicts (Without Monet or Muscle), Oakland: Bernett-Koehler  Published.