In a series of recent papers beginning with their “Splitting a difference of opinion: The shift to negotiation” Jan Albert van Laar and Erik Krabbe claim that it is sometimes reasonable to shift from a critical discussion to a negotiation in order to settle a difference of opinion. They argue that their proposal avoids the fallacies of bargaining and middle ground. Against this permissive policy for shifting to negotiation, we argue that the motivating reasons for such shifts typically fail, and (...) that the permissive policy avoids neither fallacy while structurally incentivizing two types of strategic maneuvering that constitute rational and argumentative hazards: argumentative overcharge and abandonment of discussion. (shrink)