English to Serbian Law/Patents Law (general) Alternative dispute resolution

Many negotiators also fall prey to the mythical “fixed pie” assumption – the belief that all negotiations (not just some) involve a “fixed pie.” The fixed pie assumption leads to rigid bargaining positions and weak efforts to search for mutually beneficial tradeoffs and creative settlement solutions. There are a host of other well-documented cognitive biases which appear to contribute significantly to irrational and rigid negotiating commitments and expectations (see Lewicki, et. al, 1999, for a review). A knowledgeable mediator can do much to help counter such biases by providing more accurate information and challenging untested assumptions.


When I use the term “a fixed pie,” I am referring to a belief system that assumes that if someone has a bigger piece of the pie, others have less.

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Distributive Negotiations - the Fixed Pie

The term distributive means; there is a giving out; or the scattering of things. By its mere nature, there is a limit or finite amount in the thing being distributed or divided amongst the people involved. Hence, this type of negotiation is often referred to as 'The Fixed Pie'. There is only so much to go around, but the proportion to be distributed is limited but also variable. How many times has somebody shouted out, 'Who wants the last piece of pizza?' Everyone looks at each other, then the pizza slice, and two or more hands rush to grab it.