Also known as: tit-for-tat · tit for tat retaliation · retaliation · reciprocity
Written by attorneys · grounded in primary & secondary sources — see below
A negotiation strategy in which one party cooperates during the first round and thereafter matches the counterpart's approach from the immediately preceding interaction.
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Timothy Tang attended a bank lobby meeting and heard the branch manager criticize lending practices. Tang responded with personally abusive epithets directed at the manager. When the manager replied with similar personal insults, the exchange escalated. The court later evaluated whether the initial epithets qualified as fighting words that could provoke immediate retaliation.
Tiffany Torres faced an aggressor who threatened serious bodily harm with a weapon. Torres used equivalent force that was neither intended nor likely to cause death or serious injury. The aggressor then escalated with greater force. The court assessed whether Torres's responsive level of force remained within the privilege of self-defense.
Trinity Pharmaceuticals and Titan Industries entered successive contract disputes. After Titan refused to arbitrate the first claim, Trinity declined to arbitrate the second. The court examined whether the parties' mirroring conduct affected enforceability of the arbitration agreements under federal law.
The strategy begins with cooperation in the first negotiation. Each subsequent round then copies the counterpart's choice from the prior round.
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The party employing the strategy responds with the same adversarial approach in the next negotiation. This mirroring continues until the counterpart shifts back to cooperation.
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Disclosure signals the intent to cooperate initially and to mirror future moves. It encourages the counterpart to begin with cooperation rather than competition.
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