Negotiation Strategies

by Anthony L. Barthel, Esq.

Preparing for Negotiations

• Gather all facts – even if they seem irrelevant at the time – and write them down.
• Save all written communications.
• Develop realistic expectations and anticipate your opponent’s expectations.
• Remain optimistic about the outcome.
• Decide on a style or plan of attack prior to the negotiation. Consider who will make the initial offer and determine setting maximum and minimum requirements for settlement.

Beginning the Negotiations

Pay attention to your physical appearance and the location of the negotiation. Ask yourself whether your appearance or location will be consistent with your negotiation strategy.

Ask proactive questions and listen for alternatives that reveal hidden value. Leverage these values into a meaningful dialogue and result.

During the Negotiations

Maintain composure and reasonableness. Focus on the issues and the end result. Ignore extraneous or peripheral views will be more productive than focusing on opponent’s strategies or concessions that you are granting.

Respond proportionately and when appropriate, establish a cooperative nature. Respond firmly to erratic or unreasonable demands.

Negotiation Tactics

Sending someone with authority to settle (or not settle) may send a message about the sincerity of effort to resolve a matter.

A “best offer first” strategy can get to the heart of the matter more quickly and reveal goals of the negotiations. One must be careful not to let too much information be disclosed or entrench oneself so firmly that alternate positions cannot be later taken.

The “one more thing” strategy is used after everything has been agreed to in principle. This strategy asks for “minor” concessions. Because of the emotional commitment to settling the matter, these items are often granted. Be prepared for final assault on the deal when the agreement-in-principle is reached or when written agreements are drafted and negotiated.

The “walk-out” or “push-away” strategy of leaving the table and preparing to leave while conversation continues in an effort to show disgust or indicate the parties are far apart. Be willing to leave if concessions are not made or allow the other side leave if they are intent on doing so.  

The “good cop, bad cop” strategy introduces new personalities to the negotiation to establish trust after having faced harsh treatment. If you are dealt this tactic, focus on the issues and not the people. The issues will be the only constant that remains in the negotiations, everything else will appeal to emotion which can be affected for good or bad based upon strategies employed by the other side.