Sub-topic 3: Dealing with Difficult Negotiators and Impasses in Contract Drafting
Negotiations are rarely smooth sailing. Even with thorough preparation, you may encounter individuals who employ challenging tactics or situations where progress grinds to a halt. This module focuses on strategies to navigate these difficult scenarios, ensuring your contract drafting objectives are met while preserving professional relationships.
Identifying Difficult Negotiator Tactics
Difficult negotiators can manifest in various ways. Recognizing their tactics is the first step to effectively countering them. Common tactics include:
| Tactic | Description | Counter-Strategy |
|---|---|---|
| Good Cop/Bad Cop | One negotiator is aggressive, the other is conciliatory. | Recognize the act; focus on objective criteria and your own interests. |
| The Squeeze | Applying pressure by making unreasonable demands or threats. | Stand firm on your BATNA (Best Alternative to a Negotiated Agreement); explore objective standards. |
| The Nibble | Asking for minor concessions after the main deal is agreed upon. | Be prepared for this; have a clear understanding of what's already settled. |
| Emotional Outbursts | Using anger, frustration, or tears to gain leverage. | Remain calm and professional; do not react emotionally. Suggest a break if needed. |
| Silence/Stonewalling | Refusing to respond or engage, creating discomfort. | Break the silence with open-ended questions or by reiterating your position calmly. |
Understanding and Overcoming Impasses
An impasse occurs when negotiations stall, and neither party can move forward. It's crucial to distinguish between a genuine impasse and a tactic. Impasses can arise from fundamental disagreements, lack of trust, or perceived unfairness.
Maintaining Professionalism and Ethical Conduct
Even in the most challenging negotiations, maintaining your composure and ethical standards is paramount. Aggressive tactics or emotional responses can damage your reputation and future dealings. Remember that the goal is to reach a mutually beneficial agreement, not to 'win' at all costs.
Think of difficult negotiators as puzzles to be solved, not adversaries to be defeated. Your objective is to understand their motivations and find a path forward that respects both parties' interests.
Key Takeaways
Examples include Good Cop/Bad Cop, The Squeeze, The Nibble, Emotional Outbursts, or Silence/Stonewalling.
Interests.
BATNA stands for Best Alternative to a Negotiated Agreement. Knowing your BATNA provides leverage and a clear understanding of when to walk away.
Learning Resources
This article from the Harvard Program on Negotiation offers practical advice and strategies for handling challenging individuals in negotiation settings.
MindTools provides a comprehensive list of actionable strategies for managing interactions with difficult personalities, applicable to negotiation contexts.
Another valuable resource from Harvard's PON, this piece focuses specifically on identifying and breaking through negotiation impasses.
A Coursera lecture that delves into specific strategies for navigating complex and challenging negotiation scenarios.
This YouTube video offers a broad overview of negotiation techniques, including how to handle difficult situations and reach agreements.
A foundational book on principled negotiation, offering timeless strategies for dealing with difficult people and reaching mutually beneficial agreements.
Provides a broad overview of negotiation, including tactics, strategies, and common challenges like impasses and difficult parties.
This Psychology Today article explores the psychological underpinnings of difficult negotiation behaviors and offers insights into managing them.
While not a direct article, the ABA Section of Dispute Resolution website offers resources and publications related to negotiation and conflict resolution, often touching on difficult parties.
A scholarly paper that delves into the academic understanding of negotiation impasses, their origins, and potential resolutions.