Walking Away from Negotiating
Part of what makes bargaining so exciting is that it is such a multi-faceted process—and you can make so many different choices during the process–including walking away from negotiating. Once you have interviewed your client and know their motivation, perspective, and goals, it is time to research the other side comprehensively so you know as much as possible about what makes them tick and can plan your negotiating style accordingly.
In most cases, it is best to throw out the first offer. Of course, it probably is not completely realistic, but you never know, aiming high, and putting forth an anchor which the other party will most likely navigate from whether they realize they are doing so or not. Whether you are attempting to be aggressive, assertive, or super cooperative and shooting for a win-win for everyone involved, most will agree that it is key to be in control as much as possible during negotiations. And you may struggle to maintain control if the other party becomes disgruntled, overly emotional, or rigid in their mindset regarding reaching an agreement.
You and your client may have been at the negotiating table for many hours, days or weeks even, and a breakdown in discussions just when you thought you were getting somewhere can be extremely frustrating. If tempers are flaring, it is time to walk away, and perhaps for more than just a day. It is critical to know before you go into negotiations exactly what your client will and will not accept. In some cases, negotiations may break down entirely, and permanently, but in others, some time away from the discussion may be exactly what is needed; in fact, this could put you in the driver’s seat if you have left a deal on the table for the other party and will just be waiting for their call.
Negotiating rarely occurs without challenges but remember that it is up to you and your client to make it clear what you want. Don’t be in a hurry and do walk away if the other side becomes bullying or determined to end up in a stubborn stalemate.
Are you interested in becoming a skilled negotiator? Our mission at CDTA College of Law is to educate, train, and develop extraordinary legal advocates. Your legal education will be comprised of bar-tested academic subjects, skills training, and values reinforcement. Upon completion of your 4-year course of study you will be fully qualified to take and pass the California Bar examination. Call us today at (760) 342-0900 or find out more online here.