ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Arbitration & Mediation Blogs -> Settle It Now Negotiation Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Arbitration & Mediation

: Settle It Now Negotiation Blog

The Five Most Effective Ways to Break Negotiation Impasse

By Victoria Pynchon

ADVERTISEMENTS

I begin a series today on what I believe are the five most effective ways to break impasse.  This morning's impasse-breaker will aid business people negotiating the settlement of a commercial dispute the most because it requires the generation of hitherto unseen business advantages to sweeten the pot.

Transform the dispute into an opportunity to make a business deal

Google's CEO Eric Schmidt famously said that 'litigation is just a business negotiation being conducted in the Courts.' If you look at litigated disputes in that light, the settlement option landscape immediately broadens. There are only certain remedies available in court or arbitration and those remedies may not be exactly what the parties are looking for.

If we remember that money is simply the means to obtain something else the parties desire – better distribution networks; insurance against future calamity; the security of knowing one's intellectual property has not fallen in a competitor's hands; health care; a college fund; even the acknowledgement that we have heard and understand our opponent's point of view – we can add value to our negotiations before attempting to distribute it in a way that seems fair and just under the circumstances.

Often more important than finding commonalities between bargaining partners is locating those items that the parties value differently. A dollar may just be a dollar, but one company's inventory, trade secrets or present pool of talent will seldom be worth the same in our competitor's hands as it is in ours. In some cases our assets may be more valuable to another than they are to us, in which case we can choose the higher value as the central rationale for our proposal, remembering that where value is uncertain, the first party to put a price tag on it will 'anchor' the bargaining range in his favor throughout the course of the negotiation.

Therefore, a savvy negotiator searches for both common and divergent interests in an attempt to put as many different options on the bargaining table as possible. Generating such options can melt impasse over hard 'bottom line' dollar and legal position conflicts and transform a distributive negotiation session ("what I lose, you win and what you lose I win") into a business opportunity that will leave both parties better off than they could have imagined.

For similar advice to those who believe themselves to be bargaining from a position of weakness, click here.

Full post as published by Settle It Now Negotiation Blog on August 19, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/03/26 05:11:46)