Methods of Dealing with Difficult Negotiations

By Rob Witthauer and Rod Williams

We previously discussed negotiation methods in our Basic Negotiation Strategies article. In this article, we discuss ways to deal with negotiators who use “hardball”-type negotiation tactics.

Tactics can range from childish tactics (such as screaming and insults) to more cunning tactics such as: authority ploys (an absent authority figure must approve the deal), nickel-and-diming (adding something new to the deal after agreement had been reached), and time pressures (“this offer is only good today”). The methods below can help you deal with negotiation tactics and get the negotiations back on track.

1. Ignore negative tactics: Don't let the other party make you lose focus, keep negotiating based upon the knowledge and preparation you have done. In some instances the person on the other side just wants to see if their tactics can rattle you. In other cases a manager who is supposed to negotiate with you may like nothing better than to have you leave the negotiations so that manager can give the contract to a friend. In any event, staying calm and ignoring the other side’s negative tactics is a good first step.

2. Take a moment: If possible, ask for a break -- as long as you can get away with. Taking time to caucus with others in your company is often helpful. Also, thinking about something overnight can give you time to put things in perspective. If all else fails, ask for a restroom break. Take any time that you can get to cool down and plan your strategy.

3. Ask questions: If the other party stalls, ask (nicely): "what is it about this deal that is objectionable to your interests", "what other options might work", "what needs of yours are not being met", "who would need to approve a variation from your standard procedures", etc.

4. Call them on the tactic: If other methods fail, let them know that you see that what they are doing is a tactic, and that you would appreciate moving forward with productive negotiations. Statements such as "This seems like a standard car-dealer authority tactic, where a high price is blamed on the manager -- why don't we get the manager in the room with us" or "Your 'price only good today' response seems like a pressure tactic, please explain the urgency or let's slow things down".

5. Reach out: Once the tactics have stopped, try to make it easy for the other side to accept your proposal by giving in on some things and/or giving them facts that allow them to justify their acceptance of your proposal to their company (such as hard data showing that their prices are too high, etc.).

6. Be creative: Sometimes the parties think that they are at an impasse because they disagree on a major point. There may be, however, something else that the two sides can offer each other to make the disagreement less significant and make the deal more agreeable to everyone.

7. Walk away: If all of these methods fail, consider walking away. If the other side is just being difficult, this will call their bluff and they will come to you ready to bargain. If the other side does not resume negotiations, then they were probably either too stubborn for their own good or their interests were simply too different from yours - either way, in that situation you are probably better off not doing business with them.
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Sources: Two of the leading books on negotiation strategy are Getting to Yes, by Roger Fisher and William Ury, and Getting Past No, by William Ury, and many of the ideas in this article are drawn from those books. Anyone who is interested in learning more about negotiations should consider reading those two brief, but very informative, books.

This article is intended for informational purposes only and does not constitute legal advice. There is no attorney-client relationship between the author(s) of this article and its readers. Readers should not act upon the information contained in this article without consulting with their own legal counsel.
©2005 by Roderick B. Williams and Robert T. Witthauer