Common Mistakes: How Not to Approach a Negotiation

There are some easy ways to lose a negotiation before you contact the other side. Here are some common mistakes to avoid.

 

Tips On Negotiation

Option for talking to the other side

Practical Tips

  • Focus on the personality of the other side rather than the issues It can be very easy to personalize the situation. After all you do not feel you were treated fairly.  That is why you have a dispute! Even if you do not like the other side, approach the conversation with an open mind and listen carefully.

You are negotiating in order to address a problem. You have no doubt speculated about why the other side acted as they did. (“He was driving like a crazy person!” “She knew that check would bounce and she just didn’t care about the fact that I need to pay my bills too.”).

The best advice you can give yourself is to put aside your dislike or strong feelings about the other side. Focus on the issues, not the person.

  • The “Right vs. Wrong” trap – You are completely right and the other person is completely in the wrong. Hmmmm – if the other side came to you with that attitude, would you be open to talking and compromise? Most disputes have some merit on both sides. Your job during a negotiation is to figure out if there is a fair compromise.
  • Attempting to win “no matter what” - In a negotiation, your attitude matters. If you enter the negotiation with the intent to “win at all costs”, you are likely to fail. Honestly try to find a solution where you each “win” something. Once you have the information on what all of this will cost (time and money), consider what you might give up to resolve it now. If your case will be heard in small claims court, you will be in an informal hearing where the judge will be more likely to consider a compromise solution.
     
  • Forgetting that negotiation is a process not an event – Every contact with the other side is part of your negotiation. An angry phone call followed by an emotional letter will not help you when you finally sit down to talk. Remember that every contact is part of the negotiation. Each contact will influence whether the other side is willing to compromise.