Bargaining in the Shadow of the Tribe and Limited Authority to Settle

Abstract

One of the predictable hurdles faced by negotiators, mediators and litigators is when one of the negotiators states, or raises suspicions, that (s)he does not have authority to contract or settle. Rather they must first consult with influential outsiders or constituents.The types of outsiders are described, and a routine process is suggested to identify important constituents or "tribes"; then to normalize, reframe and turn this barrier into a standard problem solving question such as " How to manage the influential outsider?"Thirteen possible responses used by negotiators to such a question ( each with inevitable advantages and disadvantages) are systematised for mediators, negotiators and litigators to learn and thereby "add value" to any negotiation.