NEGOTIATION KARAOKE: WHY ORGANIZATIONS LOSE MILLIONS TO AD HOCKERY

Organizations practicing ad hoc negotiation lose an average of 10% of deal value through randomness and chaos. Understanding ad hockery—the organizational equivalent of karaoke after three drinks—reveals why even sophisticated companies fail at negotiations and provides clear pathways to systematic capability.

Sports Conflict Institute
19 min read
Categories: Negotiation Capability | Organizational Development | Strategic Management

Executive Summary

The Problem: Organizations rely on individual heroics and last-minute tactics rather than systematic negotiation processes, creating expensive failures masked by occasional victories.

The Framework: Ad hockery represents Level 1 in the negotiation capability model, characterized by absence of process, measurement, and organizational learning.

The Solution: Three simple tools—negotiation charter, pre-brief protocol, and post-action review—transform chaos into repeatable competency.

Picture a CEO entering an elevator for a $10 million negotiation while frantically googling “negotiation tactics” on their phone. This scene, tragically common across industries, epitomizes what we call ad hockery—the organizational equivalent of karaoke after three drinks. You might occasionally nail the high notes, but consistency remains elusive, and the audience suffers through the failures while remembering only the rare successes.

Ad hockery pervades modern organizations despite sophisticated approaches to manufacturing, software development, and sales. Companies deploy Six Sigma, Agile methodologies, and detailed playbooks for nearly every business function except negotiation. When billions in value hang in the balance, organizations inexplicably revert to hoping their negotiators possess magical abilities to succeed through charm and intuition alone.

This analysis examines ad hockery as a systemic organizational failure, revealing its true costs and providing actionable pathways to capability. The discussion proceeds in three parts: first, understanding how ad hockery manifests across industries; second, quantifying the visible and invisible costs of negotiation chaos; and finally, implementing simple tools that transform random outcomes into repeatable excellence.

Understanding the Challenge: Ad Hockery in the Wild

Ad hockery thrives in the gap between organizational sophistication and negotiation practice. Consider a regional hospital network procuring protective equipment during stable market conditions.1 When prices remain predictable and suppliers compete freely, strategic thinking suggests building relationships, mapping alternatives, and perhaps creating regional buying consortiums. Instead, procurement handles each purchase independently, treating strategic preparation as tomorrow’s problem. When respiratory outbreaks trigger panic buying and prices surge exponentially, the unprepared organization signs five-year exclusives at triple market rates, then celebrates securing inventory while ignoring the long-term financial hemorrhage.

Infrastructure projects reveal ad hockery’s devastating impact on complex negotiations. Imagine a consortium bidding on a $2 billion smart city project where the lead negotiator develops food poisoning seventy-two hours before submission.2 The backup negotiator, unfamiliar with industry terminology and unaware of recent labor agreements adding 20% to overtime costs, submits a bid containing unlimited liability for data breaches and missing critical supplier dependencies. The organization wins the contract—a victory ensuring financial losses for the next decade. Yet management celebrates the win, illustrating how ad hockery masks failure as success.

Sports organizations demonstrate ad hockery’s opportunity costs through broadcast rights negotiations. Major federations focus intensely on European and American markets while delegating Asian rights to whoever remains available Thursday afternoon. These peripheral negotiations, handled without understanding mobile-first consumption patterns or social platform monetization, surrender tens of millions in digital rights buried in standard television contracts.3 Years later, organizations litigate to reclaim rights they never realized they possessed, having signed away future value through present ignorance.

The pattern remains consistent across industries: time pressure plus absent process equals expensive surprises. Organizations possessing sophisticated approaches to every other business function abandon discipline when negotiating. Jazz musicians practice scales for years before improvising; ad hockery attempts improvisation without foundational competence. The result resembles not artistic expression but chaos masquerading as flexibility, with occasional random successes reinforcing dysfunctional patterns.

Case Illustration: The Lottery Winner Scenario

A technology firm’s entire negotiation capability resided in one senior dealmaker’s relationships and intuition. When she won the lottery and moved to Bali, deal quality collapsed 40% despite hiring equally credentialed replacements, revealing the organization possessed not a process but a person.

Framework Analysis: The Hidden Costs of Negotiation Chaos

Ad hockery inflicts measurable financial damage while creating invisible costs that compound over time. Conservative estimates suggest organizations operating at Level 1 sacrifice minimum 10% of negotiation value through process failures alone.4 For organizations negotiating $100 million annually, this represents $10 million flowing directly from bottom line to counterparties who maintain systematic approaches. Manufacturing organizations pursuing 1% cost reductions through process optimization ignore 10% losses through negotiation randomness, revealing profound misallocation of improvement resources.

Relationship arson represents ad hockery’s most insidious invisible cost. Software companies promising unbuilt functionality to secure Fortune 500 contracts create time bombs that detonate six months later.5 The immediate settlement costs pale beside lost lifetime customer value and reputational damage that spreads through industry networks. These trust breaches become organizational scarlet letters, increasing future negotiation difficulty as counterparties demand additional protections against demonstrated unreliability. Ad hockery thus creates cascading disadvantages that persist long after individual negotiators depart.

Opportunity blindness emerges when ad hoc negotiators focus exclusively on dividing existing value rather than creating new possibilities. Biotech companies spending months fighting over Phase 2 trial costs while ignoring combination therapy potential worth billions exemplify this myopia.6 The absence of systematic preparation prevents negotiators from seeing beyond immediate positions to underlying interests that could transform competitive battles into collaborative breakthroughs. Organizations literally cannot see opportunities their processes don’t illuminate.

Organizational amnesia ensures each negotiation begins from zero regardless of accumulated experience. Global retailers where European divisions discover fuel hedging benefits, Asian operations develop return processes reducing disputes, and American teams create surge capacity models, yet none share learnings, demonstrate institutional learning disabilities. Without systematic capture and transfer mechanisms, organizations repeatedly solve identical problems while never building cumulative advantage. Survivor’s arrogance compounds this problem as organizations celebrate rare heroic victories while attributing systematic failures to market conditions, perpetuating mythology over measurement.

The Four Levels of Negotiation Capability

Level 1 – Ad Hockery: Random chaos, individual heroics, no process or measurement, celebrating survival rather than success.

Level 2 – Repeatable Competency: Basic processes established, foundational tools deployed, consistent approach across negotiations.

Level 3 – Adaptive Flexibility: Context-sensitive strategies, sophisticated adjustment to negotiation type while maintaining systematic approach.

Level 4 – Optimized Performance: Co-designed processes with counterparties, value creation focus, Formula 1 pit crew precision.

“Without data, mythology beats measurement every single time. And that’s the world the organization starts to live in.”

— Gary Furlong, Strategic Negotiation Webinar

Implementation Strategy: Three Tools to Escape Ad Hockery

Escaping ad hockery requires neither 200-page playbooks nor certification programs but three simple tools requiring approximately one hour per negotiation.7 The negotiation charter establishes written success definitions beyond “get a good deal,” mapping stakeholder interests, documenting BATNA and WATNA, outlining concession strategies, and articulating relationship goals. This single-page document transforms vague aspirations into concrete objectives, providing clarity that survives personnel changes and time pressure. Organizations unable to produce such documents reveal their ad hoc nature regardless of individual negotiator sophistication.

The twenty-minute pre-brief creates team alignment through standardized protocols addressing roles, communication signals, transparency boundaries, and walk-away triggers. Like pilot checklists mandated regardless of experience, pre-briefs prevent elementary failures that destroy complex negotiations.8 Teams discovering critical oversights in parking lots after agreeing to deals demonstrate pre-brief absence, as do negotiators lacking timeout protocols when unexpected issues arise. This minimal time investment prevents millions in losses from misalignment, miscommunication, and missed considerations that ad hockery virtually guarantees.

The ten-minute post-action review captures organizational learning through structured reflection on what worked, what surprised, and what requires modification. Without written documentation, organizations perpetually restart from zero, calling retired employees to reconstruct previous approaches while repeating identical mistakes.9 Post-action reviews create institutional memory transcending individual tenure, transforming each negotiation into organizational capability development rather than isolated events. Version one beats version none—imperfect documentation surpasses perfect amnesia.

These tools require no complex infrastructure, minimal time investment, and zero specialized expertise. Yet organizations resist implementation, preferring negotiation adrenaline to systematic success. The distance between Level 1 and Level 2 involves not knowledge acquisition but philosophical commitment to process over personality. Organizations celebrating heroic victories while ignoring systematic failures must recognize that every day spent in ad hockery represents a randomness tax collected by more disciplined competitors. The choice is stark: continue negotiation karaoke hoping for occasional on-key performances, or build systematic capability ensuring consistent excellence.

Escaping Ad Hockery: Implementation Pathway

Tool 1: Negotiation Charter (30 minutes)

Document success definitions, stakeholder mapping, BATNA/WATNA analysis, concession strategy, and relationship goals on one page before entering negotiations.

Tool 2: Pre-Brief Protocol (20 minutes)

Align team on roles, signals, boundaries, and triggers through standardized checklist ensuring consistent preparation regardless of personnel.

Tool 3: Post-Action Review (10 minutes)

Capture learnings about successes, surprises, and improvements in written format accessible to future negotiators, building institutional memory.

Practical Implications

For Executive Leadership:
Recognize that sophisticated operations management alongside ad hoc negotiation creates massive value leakage. Mandate simple tools rather than complex systems. Measure negotiation outcomes beyond closure rates to understand true organizational capability. Stop celebrating heroic saves while ignoring systematic failures.

For Negotiation Practitioners:
Implement three basic tools regardless of organizational support. Document your process to build personal systematic capability. Share learnings to create informal organizational memory. Resist the adrenaline appeal of last-minute preparation in favor of boring consistency that produces superior outcomes.

For Sports Organizations:
Apply systematic approaches to broadcast rights, sponsorships, and player negotiations where millions hinge on process discipline. Build capability that survives personnel changes in volatile sports environments. Recognize that negotiation excellence provides sustainable competitive advantage in resource-constrained leagues.

Conclusion

Ad hockery represents not charming flexibility but expensive chaos masquerading as adaptability. Organizations treating negotiation as performance art rather than systematic capability sacrifice minimum 10% of value while creating invisible costs through relationship damage, missed opportunities, and institutional amnesia. The tragedy lies not in complexity but simplicity—three basic tools requiring one hour per negotiation could transform organizational outcomes, yet most prefer the excitement of negotiation karaoke to the discipline of systematic excellence.

The journey from Level 1 to Level 2 requires no advanced training, complex technology, or significant investment. A one-page charter, twenty-minute briefing, and ten-minute review represent the entire toolset necessary for escaping ad hockery. Organizations already possessing sophisticated approaches to manufacturing, software development, and sales need only apply similar discipline to negotiation. The barrier is not capability but commitment—choosing process over personality, measurement over mythology, and systematic improvement over random victories.

Every day organizations remain in ad hockery, competitors with systematic approaches collect the randomness tax through superior preparation, execution, and learning. The question facing leadership is not whether to build negotiation capability but how quickly to escape the expensive chaos of Level 1. Those who continue treating multi-million dollar negotiations like elevator pitch preparation will discover that while negotiating on adrenaline feels exciting, it represents organizational malpractice in an era demanding systematic excellence.

Sources

1 Joshua A. Gordon & Gary Furlong, STRATEGIC NEGOTIATION: BUILDING ORGANIZATIONAL EXCELLENCE 15-22 (Routledge 2023).

2 Strategic Negotiation Webinar Series: Understanding Ad Hockery (Sports Conflict Institute 2024) (transcript on file with authors).

3 The Digital Rights Revolution in Sports Broadcasting, 27 SPORTS BUS. J. 89, 94-98 (2024).

4 Joshua A. Gordon & Gary Furlong, STRATEGIC NEGOTIATION: BUILDING ORGANIZATIONAL EXCELLENCE 67-74 (Routledge 2023).

5 Trust and Reputation in B2B Negotiations: The Compounding Cost of Broken Promises, 31 J. BUS. ETHICS 234, 238-242 (2023).

6 Value Creation in Biotech Partnerships: Moving Beyond Zero-Sum, 19 NATURE BIOTECHNOLOGY 567, 571-574 (2024).

7 Three Tools for Level 2 Capability, in STRATEGIC NEGOTIATION: BUILDING ORGANIZATIONAL EXCELLENCE 89-96 (Routledge 2023).

8 The Power of Pre-Flight Checklists in High-Stakes Negotiations, 15 NEGOT. J. 178, 182-186 (2023).

9 Joshua A. Gordon, Gary Furlong & Ken Pendleton, THE SPORTS PLAYBOOK: BUILDING TEAMS THAT OUTPERFORM YEAR AFTER YEAR 198-204 (Routledge 2018).

Note: All citations follow Bluebook format. For questions about specific citations, consult The Bluebook: A Uniform System of Citation (21st ed. 2020).

About the Authors

Joshua A. Gordon serves as Professor of Sports Business & Law at the University of Oregon and Senior Practitioner at the Sports Conflict Institute. Gary Furlong is Senior Partner at Agree Inc. and co-author of Strategic Negotiation. Learn more about Strategic Negotiation →

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