How To Master Negotiation Skills
Knowing how to negotiate is a useful skill for anyone, whether in a settlement situation or elsewhere in life. It doesn’t take a smooth-talker to be a smooth negotiator. All you need is a little creativity, and a lot of strategy.
Identify your negotiation outcome
There are three types of negotiation outcomes:
- Win-win: When both parties achieve a win.
- Win-Lose: When one party achieves a win at the expense of the other party.
- Lose-Lose: When no one wins.
Obviously, the best kind of negotiation, especially for long-term arrangements like property settlement, child custody and residence arrangements, is a win-win situation. Win-win situations will keep you from coming back to court regularly and fighting an aggressive battle.
It works because each party takes away something they wanted out of the negotiation process – and are much happier for it.
Reject the first offer
It’s a practical rule – the first offer is often the worst one. It is, after all, a starting point from which to gauge each party’s intentions and reactions.
If you are making the first offer, make it on the premise and understanding that it will likely be rejected by the other party. However, make it reasonable enough that the other party will at least consider it.
If you are given the first offer, reject it with a simple explanation, and counter-offer with your first offer for their consideration.
Know your bottom line
Everyone has a point where the terms are too unfair and they will walk away. It’s important to be really clear about what those terms are in your case.
When negotiating, keep your cards close and never reveal your bottom line. Don’t say things like: “I guess if I lost the house I’d still be okay because I’m living with my new partner” – unless of course, you’re happy for that to happen.
Once the other party knows your weakness, they’ll try to exploit it – and you’ll be on the losing end of a win-lose style negotiation.
Try and decipher theirs
It might take some creative and clever questioning, but you’ll know when you’re hitting the other party’s weak spot.
They may become shifty, deflective or aggressive, but if you can get them to reveal their bottom line, then you’re in a much stronger negotiating position.
Use time as your weapon
Time can have a significant impact on the outcome of a negotiation. Requesting a short deadline for a response to proposed settlement orders can put the pressure on the other party to consider a deal and act promptly.
Likewise, long negotiations can also benefit parties by desensitising them to other issues, like emotional frustrations, so they can eventually focus on the real issues at hand.
Get your outcomes in writing
Make sure that whatever you agree to, you get it in writing and signed by all parties. This isn’t a legal necessity, but it does help remove any potential ambiguity later down the line.
Use a professional
In some negotiations, using a professional can be beneficial for both you and the other party. It can help remove unnecessary emotion and distress, and create a more balanced playing field where issues can be resolved more wisely.
You also can get the benefit of professional skills, advice and strategy to assist with your negotiation outcomes.
Think outside the box
Not all negotiations are about money. Think about what is really important to you and the other party. Would you prefer more favourable custody arrangements over money? Or a particular asset due to its sentimental value? Or the family pet?
Be honest with yourself as to the long-term outcomes you wish to achieve.
At Amicus Lawyers, we can help you with your negotiation strategy and provide helpful advice along the way. Contact us today.