In the corporate world, conflicts are an inherent part of business dynamics. Contractual pending issues, commercial disagreements, and operational adjustments frequently arise in any company’s routine. However, more important than the occurrence of these situations is the way they are handled. The way conflicts are managed can determine the success or failure of a contract or business in the medium and long term.
There is, therefore, a growing demand for people who are capable of dealing with these small inconveniences appropriately and intelligently, in a way that benefits both the business and professional relationships. In this context, negotiation gains prominence among extrajudicial methods of dispute resolution. In an increasingly dynamic, volatile, and competitive corporate environment, the ability to negotiate is no longer just a desirable quality but has become a fundamental competency. For entrepreneurs, managers, and legal professionals, mastering negotiation techniques means saving time and resources and, above all, preserving relationships, avoiding unnecessary friction, and creating smarter and more sustainable solutions for the parties involved.
It is essential, that negotiation be viewed as a strategic, structured, and technical practice — not merely as an intuitive or empirical skill. Negotiation falls within the field of direct self-composition — unlike arbitration or judicial proceedings, where a third party imposes a decision — meaning that the parties themselves, with or without the assistance of representatives, jointly build the solution to the impasse. It is an exercise of autonomy of will, guided by strategic dialogue, active listening, and creativity in the search for agreements that reconcile interests that are often seemingly opposed.
The focus of negotiation lies in understanding the real interests behind the demands, identifying points of convergence, and working collaboratively to achieve lasting solutions. When conducted effectively, negotiation contributes not only to conflict resolution itself but also to the preservation of commercial ties and the development of a more stable and efficient corporate environment.
For this to occur, the negotiation process cannot simply be an exchange of proposals. It requires preparation, method, and sensitivity. There are different negotiation methods, whose dynamics involve opening dialogue, exchanging information, and building an atmosphere of trust. To that end, it is necessary to have the ability to interpret verbal and non-verbal cues, actively listen, and adapt the approach as discussions evolve.
In this article, we highlight principled negotiation, developed by the Harvard Negotiation Program, which proposes a method centered on four fundamental pillars:
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Separating the people from the problem;
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Focusing on interests, not positions;
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Creating options for mutual gains;
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Insisting on objective criteria for decision-making.
This approach stands out particularly in the corporate environment because it enables creative and lasting solutions without sacrificing commercial relationships or compromising the companies’ reputations. A classic example illustrates this model well: two people dispute the same piece of fruit. Instead of cutting it in half, they discover that one needs the peel to bake a cake, while the other needs the pulp to make juice. By identifying their true interests, they are able to use 100% of the fruit, each obtaining the benefit they seek. This type of solution shows how focusing on interests rather than positions can generate more satisfactory agreements.
In the business world, negotiation is a tool that permeates the daily management of relationships, the prevention of crises, and the resolution of potential disputes. It is also a powerful instrument of institutional self-knowledge, enabling companies to better understand their own patterns of handling conflicts and to develop more strategic approaches.
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GABBAY, Daniela Monteiro. Negociação. In: SALLES, Carlos Alberto de; LORENCINI, Marco Antônio Garcia Lopes; SILVA, Paulo Eduardo Alves da (coords.). Negociação, Mediação, Conciliação e Arbitragem: curso de Métodos Adequados de Solução de Controvérsias. 3. ed. Rio de Janeiro: Forense, 2020.
FISHER, Roger; URY, William; PATTON, Bruce. Como Chegar ao Sim: como negociar acordos sem fazer concessões. Tradução Ricardo Vasques Vieira — 1ª ed. — Rio de Janeiro: Solomon, 2014.
