Negotiation framework (how we write precedents)
Precedent entries in this folder are not random email dumps — they should be grounded in best-in-class negotiation practice so the team and AI can reuse principled behavior, not one-off hot takes.
Primary reference: Getting to Yes (Fisher, Ury, Patton) — principled negotiation
| Idea | What it means for us | How it shows up in a precedent file |
|---|---|---|
| Separate the people from the problem | Attack unclear scope, not the buyer’s character. De-escalate email tone; use joint problem language (“help us get the assumptions right”). | How we handled it uses neutral, joint framing. |
| Focus on interests, not positions | “We need a number” is a position. Underneath: board approval, internal planning, fear of overpaying, timeline pressure = interests. | Question restates the buyer’s interest where obvious. |
| Invent options for mutual gain | Phased SOW, pilot, discovery before full build, good-faith follow-on rate — not a single take-it-or-leave-it. | Principles or How we handled list options we offered. |
| Insist on objective criteria | Market comps are often weak for bespoke services; we use scope boundaries, assumption lists, comparables (e.g. order-of-magnitude bands with drivers). | Caveats name what is not a commitment. |
| Know your BATNA | Our walkaway: we won’t sign a fixed fee without a defined slice; client’s BATNA: other SIs, delay, build in-house. We don’t need to name theirs; we design for mutual clarity. | Internal-only note in source or lead doc if sensitive. |
Complementary ideas (use with judgment)
- Getting Past No (Ury) — disarming reactions, step to their side, reframe, build a golden bridge (make “yes” easy). Useful when a buyer is frozen or defensive.
- Difficult Conversations (Stone, Patton, Heen) — contribution vs blame, third story, identity and feelings under commercial tension. Useful for internal + client hard talks.
- Never Split the Difference (Voss) — tactical empathy, calibrated questions, “no”-oriented phrasing. Complements (does not replace) principled negotiation; avoid purely adversarial use in long partnership B2B relationships.
Brainforge operating hooks
- Scope before precision: ROM and bands are consistent with objective criteria when we list drivers (banks in v1, compliance bar, integrations).
- Written assumptions: A one-pager of assumptions is a getting-to-yes tool — it makes criteria visible.
- Long-term relationship: Inventing options includes follow-on pricing intent (e.g. good-faith next sprint) when policy allows.
When adding a precedent, skim this list and ask: which principle is this an instance of? Add a line under Principles we used if it helps the next person.
Further reading (optional)
- Roger Fisher, William Ury, Bruce Patton — Getting to Yes (2nd/3rd ed.)
- William Ury — Getting Past No
- Douglas Stone, Bruce Patton, Sheila Heen — Difficult Conversations
- Chris Voss — Never Split the Difference (tactical layer)