Prior Dealings

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Identification

This tactic relies on history between the two parties, asserting that if they have come to a certain agreement in the past, they should agree to the same terms in the present.

Example

Negotiator 1: “We never did it that way in the past, and we’ve been doing business for 30 years. Negotiator 2: The Internet is changing everything, including distribution models. We need to change with it or we will be out of business.”

Solution

If you had a way of dealing with your negotiating partner and it changes, there will be resistance, as people generally dislike change. But change will happen and it must be communicated why the change is happening. Just as with the Industry Standard tactic, we must distinguish: “These facts are different,” or “Things have changed.” If your prior dealings haven’t always been consistent in the past, cite deals that were resolved differently between the parties. This tactic has been defeated many times by citing prior arrangements.

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