Settlement

The overwhelming majority of American civil lawsuits end in settlement rather than judgment, and courts actively encourage it — mandatory settlement conferences, court-annexed mediation, judicial pressure to resolve. The trial is the mechanism of last resort, and the system is designed to avoid reaching it.

Plea bargaining

Roughly 97 percent of federal criminal convictions in the United States are obtained by guilty plea rather than trial, and the state figure is not far behind. In 2022, 2.3 percent of federal defendants went to trial.

The constitutional right to a jury is exercised in a small fraction of cases. The American criminal justice system, as it actually operates, is a negotiation system.

Consumer advice

American consumer journalism publishes guidance on how to haggle — what to say at a dealership, when to buy, what the dealer paid, what margin to aim for. The information asymmetry is treated as a problem to be solved rather than as the way things are.

Closing techniques

American sales training names and teaches them: the assumptive close, the alternative close, the urgency close, the takeaway. That the techniques have names means they are taught, practised and expected on both sides of the table.

BATNA

Best Alternative to a Negotiated Agreement. An acronym from Getting to Yes that entered general American business speech. Its function is to convert your willingness to walk away into a calculable quantity, so that the price conversation has a floor you can name to yourself.

Anchoring

The American negotiation vocabulary has a name for the effect of the first number, and it is taught as something to deploy rather than merely to notice. Who anchors first is a live question in American negotiation training, with an argument on each side.

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