Finding the right negotiation technique for the situation can lead to success.
The legal negotiation process goes beyond the traditional school of instruction and doctrine, but individuals can learn to successfully negotiate and reach a favorable settlement. The negotiation process requires skills that are often learned through experience and careful observation. Aside from a comprehensive legal knowledge, individual strengths and weaknesses as well as preparation and technique affect the manner and success of the negotiation process. Planning the entire negotiation should help achieve goals more conveniently.
Aim High
Having high aspirations has been a crucial factor for successful negotiators. Often, those who set a high goal achieve good results; however, goals should be achievable, advises Charles B. Craver in a paper presented at the 1998 annual meeting of the American Bar Association's Section of Labor & Employment Law. Setting high goals can help boost confidence. If a party is confident enough during the negotiation process, the opposing team might reconsider its assessments and could be thrown off track.
It's also good to start the negotiation process with "principled opening positions," Craver suggests. If a negotiator begins his argument with extreme conviction, this can also significantly undermine the opposing team's confidence.
Attitudinal Negotiation
If the negotiation starts with extremely opposing views and tone, an "attitudinal" negotiation should be carried out, Craver suggests. This type of negotiation can influence the mood and direction of the whole process.
Be careful of opponents who use first-name greetings but revert to formalities such as Mr. or Ms. during the negotiation process. Using such titles allows the negotiator to depersonalize the interaction and gives them liberty to be more competitive. As an opposing negotiator, you must counteract such depersonalization tactics; invest on doing the opposite. Make the interaction more personal with nonthreatening eye contact, warm handshakes and even casual touching. A more personal approach makes it difficult for the opponent to employ aggressive techniques.
If the opponent induces an intimidating atmosphere by offering a small chair, a counteractive measure is to sit a level higher or place one's back against the wall.
Blocking
Blocking veers a discussion away from sensitive topics about which the opponent may want more information. Craver advises ignoring sensitive inquires and opening another topic. Don't entirely answer complex questions; rather, respond only to parts beneficial to your case. Leave threatening parts of the question unanswered. Further, in some cases, it helps to respond specifically to general query or to respond generally to a specific query. Throwing back the opponent's question can also change the direction of the negotiation process, Craver suggests.
