What is a fait accompli tactic?

A fait accompli (accomplished fact in French) is a negotiating tactic, generally used by diplomats, but also used in business. The principle is that one party will take a surprise action to create a favorable negotiating position. This accomplished fact impacts the outcome of the negotiation.

The fait accompli tactic works because it creates action. Once something is done, it is hard to get it undone and therefore, the balance of power between the parties is altered.

What does a fait accompli look like in a typical business negotiation? Here are a few examples:

• Violate a patent, and then work on the settlement
• Start a lawsuit, then talk
• Have a machine installed, then reject it and ask for a credit
• Declare bankruptcy before entering a settlement negotiation

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