The Negotiation Process

74 Pages Posted: 21 May 2007

See all articles by Charles B. Craver

Charles B. Craver

George Washington University - Law School


This article explores the six formal stages of the negotiation process to demonstrate to readers how structured bargaining encounters are. During the Preparation Stage, negotiators have to acquire critical information and determine: (1) their bottom lines; (2) their goals; and (3) their opening offers. During the Preliminary Stage, they should work to establish rapport with opponents and to create positive negotiating environments that will be more conducive to cooperative bargaining. During the Information Stage, negotiators must ask open-ended questions designed to discover what items are available for division - value creation. During the Distributive Stage, the participants vie for the items that are on the table - value claiming. During the Closing Stage, the parties seek to solidify the terms of their agreement without giving up more than they need to. During the final Cooperative Stage, the participants should work to maximize their joint returns to be certain they have achieved mutually efficient agreements.

Keywords: Negotiation Stages, Bargaining Efficiency, Bargaining Process

JEL Classification: K40

Suggested Citation

Craver, Charles B., The Negotiation Process. American Journal of Trial Advocacy, Vol. 27, p. 271, 2003, GWU Legal Studies Research Paper No. 277, GWU Law School Public Law Research Paper No. 277, Available at SSRN:

Charles B. Craver (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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