Five Lawyer Negotiation Tricks

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Effective negotiation tactics allow both parties to get what they want.

Lawyers negotiate methodically to get exactly what they want. Learning a few simple tactics can help you negotiate more effectively. Knowing what you want, how far you are willing to go, and doing your research allows you to keep the upper hand during negotiations, increasing your chances of getting what you want.

  1. Prepare

    • Relying solely on your looks, wit or charisma is not a feasible plan of action for negotiation. Gather as much information as you can before the negotiation. Practice making your case. Anticipate responses you might receive and imagine how you will answer. Try and imagine everything that could possibly occur during the negotiation, and prepare a response.

    Take Your Time

    • It is important to be mentally present and receptive to what the other party says. Feel free to walk away from the negotiation for a moment to collect your thoughts and reevaluate your position. The other party might say something that changes your perspective on the negotiation. Responding too quickly might cause you to miss something important. Take the time to take a breath, drink a glass of water and remind yourself of what you aim to get out of the negotiation.

    Be Willing to Walk Out

    • Decide how far you are willing to go in a negotiation beforehand, and if you reach your limit do not be afraid to politely walk out. Avoid becoming emotionally involved though, because walking out in a fit of emotion is not an effective tactic. Politely declining an unreasonable offer sends the message that you have thought your positions through and are not willing to give up on them.

    Ask for More

    • Negotiations are sometimes less about practicality than posturing. When making the first move, ask for a little more than you expect, and be willing to receive a little less. Know that the first move in a negotiation is usually not the last, so it is not usually truly realistic.

    Know When to Hold Back

    • Even though posturing is part of the negotiation process, don't get carried away. Behaving too aggressively in negotiations can provoke the other party, creating a stalemate. Be firm but be reasonable. Recognize the other party's position and don't cloud your own positions with emotion. Remember what it is you really want, and stick to your position without insulting anyone.

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