top of page

Why do people say "Going High" Backfires in Negotiation?

Writer: Shiv  Martin
Shiv Martin
Nov 19, 2025
3 min read

Updated: 4 days ago

Learn why highball tactics can trigger defensiveness and damage trust and discover how interest-based negotiation builds fairness, confidence, and better outcomes.


As we move into the end of the year, many people find themselves preparing for important conversations. HR managers are closing out performance reviews, leaders are negotiating resourcing or workload expectations for next year, and staff are seeking clarity about pay, roles, or responsibilities. January also brings new jobs, new teams, and new expectations, which often means negotiating conditions or resetting boundaries.


This is the time of year when I spend a lot of time helping mediation participants prepare for high stakes conversations. A common question comes up in almost every session:


“Should I go high so I have room to move?”

Tall sky scrapers representing "Going High" in negotiations
The moment we surprise someone with a high demand, their brain stops listening and starts protecting.

It is a familiar strategy. Many of us learned it from cultural norms around bargaining, salary negotiation, or marketplace haggling. But in modern workplaces, especially in HR disputes and ongoing professional relationships, this approach can work against you.


Below is a guide that answers the negotiation questions people most commonly ask on Google, in negotiation skills training, and during mediation coaching.



Recommended Reading for Strengthening Your Negotiation Skills Over the Holiday Season

If you are looking for something practical and inspiring to read over the holiday season, there are two books I regularly recommend in my negotiation skills training programs and to clients managing HR disputes or complex workplace conversations.


Book:  Getting to Yes by Roger Fisher and William Ury

The first is Getting to Yes by Roger Fisher and William Ury. It is the foundational text on interest based negotiation and remains one of the most practical guides for shifting away from positional tactics and towards clarity, collaboration and problem solving.



Book: Never Split the Difference by Chris Voss

The second is Never Split the Difference by Chris Voss, which blends psychology, emotional intelligence and real world negotiation strategies to help you navigate high pressure conversations without triggering defensiveness or damaging trust.



Both books are excellent companions if you want to strengthen your conflict resolution skills, improve workplace communication, and enter 2026 with more confidence in your negotiation toolkit.




What Is Interest Based Negotiation and Why Does It Work Better

Interest based negotiation focuses on the reasons underneath each person’s position. It is widely used in mediation, conciliation, HR training, and workplace negotiation programs because it supports clarity, fairness, and long term cooperation.


What Impact Does an Unexpected High Offer Have on the Other Party

This is one of the most searched questions online about negotiation, and one of the most important to understand from a mental health and organisational culture perspective.


Drawing on my background in dispute resolution, psychology, and workplace culture, here is what actually happens.



This is why interest based negotiation is central to mediation, leadership coaching, conciliation, and HR negotiation training. It aligns with how the brain functions under stress and how people build trust.


A Simple Preparation Checklist for Your Next Negotiation

This is the checklist I give mediation clients, HR teams, and senior leaders preparing for high stakes conversations.


Negotiation Preparation Checklist

What Is the Best Tip for End of Year or New Year Negotiations

If you are preparing for a negotiation before the holidays or stepping into a new role in January, here is the core principle:


Instead of going high, get clear.

Clarity builds confidence. Confidence builds trust. Trust builds agreement.


What Are Some Good Phrases To Start a Workplace Negotiation

  • I would like to understand your priorities before I share mine.

  • Can we start by discussing what each of us is hoping to achieve

  • My aim is to work out a solution that is fair for both of us.

  • Can you tell me more about what matters most in this decision

  • I have some ideas and would like to hear yours as well. Would you like to go first?



Turnaround the Trust: Two of Shiv's greatest insights

If you are preparing for a negotiation or a difficult workplace conversation, send me an enquiry and we can talk through the right support.

RLGP_Shiv Martin_2026-22.jpg

About the Author

Hi, I'm Shiv Martin. 

Hi, I'm Shiv Martin. I'm a nationally accredited mediator, lawyer, conciliator, and conflict management specialist with over a decade of experience working across government, business, and community settings. Alongside my panel of experts I support leaders and teams to navigate complex and emotionally charged situations through mediation and conciliation, training and facilitation, and practical advice on policies and processes.

My approach is grounded in law, psychology, and real-world dispute resolution, with a strong focus on clarity, fairness, and workable outcomes. I'd love to stay connected here or on
LinkedIn.

Banner (1).png

Each month, I host a free live session for people who work in the middle of conflict and complaints, from HR and workplace leaders to government and regulatory complaints teams. These sessions are practical, down to earth, and grounded in real practice. Join a community of practitioners and leaders.

Tell us what is happening

Every enquiry is read personally. Share a few lines about the situation and you will have a considered response within 48 hours, with a clear view on the right next step, whether that is mediation, facilitation, training or something else. Not every matter needs the same process; part of the work is helping you choose the right one.

Person Typing Laptop

The Learning Hub - Six courses on demand

It brings together six self-paced courses for leaders, HR teams and complaints and dispute resolution practitioners. Each one is drawn from real work across government, regulatory, workplace and community settings, and is designed to be useful in your next difficult conversation, not just in theory.

bottom of page