It is often difficult to distinguish between negotiating techniques and negotiating tactics. One way is to think of negotiating techniques as positive methods designed to resolve issues fairly and negotiating tactics. One way is to think of negotiating techniques as positive methods designed to resolve issues fairly and negotiating tactics as clever negative maneuvres to create false impressions and obtain agreement through deceit.

The goal of enlightened negotiation should be to achieve an agreement that is equitable. The process should recognize the interests of the parties and provide for optimizing the benefits as measured by objective standards. Enlightened negotiating leads to a long-term relationship in which both parties focus on maximizing their mutual return, not one in which each party tries to maximize its own return at the expense of that of the other party.

Adherents of positional bargaining − while they enjoy some obvious advantages in dominating a negotiation – tend to put excessive demands, restrictions, provisions and royalties into the agreement. Even though the terms and conditions may be accepted by the other party because it urgently needs the particular technology, experience has shown that agreements under such conditions can also lead to discouragement and underperformance. In the long run, fairness will result in the best return for each party.