Their principled negotiation process can be used effectively in almost any type of litigation. Their four principles are 1) separating people from the problem; 2) focus on interests, not positions; 3) generate a variety of options before agreeing on an agreement; and (4) insist that the agreement be based on objective criteria. [p. 11] The last class of scam tactics are position pressure tactics that try to structure negotiations in such a way that only one party can make concessions. The delicate party may refuse to negotiate in the hope of using its entry into the negotiations as a negotiating mass, or it may open with extreme demands. The negotiator, true to the principles, should recognize this as a negotiating tactic and consider his interest in refusing to negotiate. They can degenerate their demands for every concession they make. When a problem is defined in relation to the underlying interests of the parties, it is often possible to find a solution that corresponds to the interests of both parties. Communicating positively is a much more effective way to get the yes than to blame and criticize. Instead of speaking on behalf of your group, you speak only for yourself. For example, if you say to a team member, “Everyone on the team feels like you`re not pulling your weight,” they`ll probably distract them from your message, since they`ll wonder who talked about it and what they said.

Instead, talk about what you have personally observed and express your concern: “Your recent work has not reached your high level of performance. Is there anything stopping you from doing your best? Where interests are directly opposed, parties should use objective criteria to resolve their disputes. . . .