What are the best ways to maintain control of a negotiation process?

Start by displaying an understanding of the topic at hand. Circle on the contract where there is already mutual agreement and lock that in, so it is not lost later. Avoid using the word 'but'. Don't make it personal. Use "We" statements to communicate the core end result you want. Remember that the use of the word "I" is a challenge word, and should be used sparingly. How you feel, what you think, and what you want or need is less important than the end goal. Avoid dismissive statements related to your counterpart's points and beliefs. Actively listen to their point of view and talk less. Stay calm if the momentum shifts away from your advantage. Agree to disagree and keep it neutral. Watch the body language. It tells a story all its own.

Be the scribe! One of the best ways to maintain control of a negotiation process is to be in charge of making changes to the contract. Often, parties seem to agree on issues during discussions, but the devil is in the details when it comes to actually drafting the language that reflects these agreements. If you "take the pen," you have the opportunity to craft the language according to your understanding. Then, the other side can make tweaks and changes as necessary. But you will have had the opportunity to lay the foundation of the terms at issue.

Avoid the exchange of proposed changes without context. Taking the time to add explanations to your changes avoids costly and time consuming misunderstandings and better advocates your positions and needs.

Preparation is the most important principle. Understand the full scope of the agreement and what challenges or successions will be brought up or asked about. Focus on one issue at a time. Solve it and then move forward. Keep everything in writing and don't be scared to walk away from the deal if need be.

Control is a very strong word. You have lost the discussion at the outset if your mindset, from the very beginning is 'control". Negotiation is not "I won, he lost". It is " I won, he won". There is no point "negotiating" if one side desired to control the other Having said that, there is no substitute to transparency and being forthright yet firm in these types of discussions.

Silence is an incredibly powerful tool in face-to-face (or zoom-to-zoom) negotiations. You don't need to respond immediately to everything your negotiating partner says. Rather, if they propose something that you know you will never accept, don't respond - sometimes, without you saying anything, they will immediately offer something more palatable.

1?? You cannot control other people, so don't try in a negotiation. 2?? Treat the negotiation process as an interview. If the other party is not a good partner in negotiation, then it will only get worse. 3?? If the other party seems aggressive or inflexible, explore that as it may be a sign of other problems to come.

Be aware that people, especially aggressive negotiators, like to dominate the conversation. If you not only listen attentively but actually encourage them to talk, you are likely to find that they will both expose weaknesses of their case and come to like you, at the same time. When you are ready to respond with a counter-offer, it is more likely to be received sympathetically, or at least be treated reasonably, as a result.

Adequate preparation is key, it involves understanding your objectives and what you are seeking in the negotiation process; knowing your counterpart, and gathering relevant information will help you determine the most effective approach, anticipate possible objections and establish rapport. During communication: active listening, clear articulation of points, stay consistent and use empathy to foster understanding and trust.

Trust - whether real or perceived is a foundation of delivering and negotiating good outcomes. Humans have proven to be irrationale decision makes (often despite our best efforts otherwise), so building rapport, estabilishing relations and demonstrating a willingness to cooperate can have a strong impact on your ability to succeed.

the more aware you are about the tactics being used in the process of negotiation, the more successfully you can handle them. identifying the power and influence of the parties and if any hidden or coercive power is present. Proper preparation is the key. You need to consider the goals of what you and the other party is seeking, what could potentially be acceptable compromise for both, what could be the implications, consider the existence or non-existence of any relationship of the negotiating parties...

Controlling the communication is key. A lot of the time negotiations can go south just because the team was not in sync and someone shared something that just weakened your position. Keeping everyone in your own team upto date about the strategies of the negotiation is a vital part of negotiation.

There are hygienic factors in the negotiation strategy of a contract that, however obvious they may seem, must be taken into account and their details taken care of, especially when there is a diversity of people involved in the negotiation, since this implies a greater number of sensitivities to be covered, therefore it is necessary to carefully fix these hygienic factors during contract negotiation.

“Thus we may know that there are five essentials for victory: 1 He will win who knows when to fight and when not to fight. 2 He will win who knows how to handle both superior and inferior forces. 3 He will win whose army is animated by the same spirit throughout all its ranks. 4 He will win who, prepared himself, waits to take the enemy unprepared. 5 He will win who has military capacity and is not interfered with by the sovereign.” -Sun Tzu

This is the correct way to control the agenda. Let me add that at the end of each session, capture in writing the outstanding issues and each party’s positions. Many issues will evaporate as you define and capture them. Then prioritize the captured issues so that each party can properly evaluate their and the other party’s priority issues for the next session. Make sure both parties agree with the wording of the issues and party’s positions before breaking for the session.

Anchoring can be counterproductive. Everyone knows the technique. And they can react negatively to it. Use the framing instead. Tell them you're not going to anchor the price because you value honesty. That way you frame the negotiation in such a way that the other party can't anchor either. And you look like a fair and honest person at the beginning.

Framing should be done in the very beginning of the sales process and maintained throughout the entire sales process. Sell the beach/vacation not the plane ride and check-in process. It is often said that the first person to name a price loses but if done early enough and strategically, it can greatly help the negotiation process. Doing a soft close (give them very rough ballpark pricing) in the beginning is powerful. If they don't gasp then you know its within their price range and you could start even higher than you may have originally thought. If they do gasp, you have the opportunity to overcome the price/budget obstacle before you get to the negotiation table.

Knowing the situation, understanding the other party, and gauging the appropriateness of the anchor are all crucial for maximizing its benefits and minimizing its drawbacks.

It has been my experience that people are people and want to be treated with respect. In doing so the way an offer is presented is VERY important! Shooting over a dry e-mail with “see attached” is very impersonal and down right rude to some. The email should lay out the highlights of the offer, tell a brief overview of the benefits to the receiving side and make them anxious to open it! Set the stage if you will! You want this representative to want to work with you as well as their client! Everything you do is a direct reflection of how you will handle yourself within the transaction moving forward.

i wouldn't say that there should be one way of how we manage the negotiation process. it much depends on the cultural characteristics as well as the personality traits you can recognize with others. some people would prefer a very direct approach, whereas others would be open for meeting the psychological need first, that is feeding the social aspect of the conversation. identifying as much as possible about the other party, will help you say and do things as per their expectations.

It is often said that negotiation is an art and hence creativity lies at the heart of a negotiation process. Therefore, while it is important to approach every negotiation in a structured manner and go prepared with various plans and options, one needs to be equally flexible to change everything and approach the process in a completely different manner if the opportunity presents itself in the interest of reaching an agreement to your advantage. Moreover, no two negotiations are the same and the options and scenarios can vary significantly depending on the approach and cultural background of the other party, amicable or adversarial nature of the subject matter and the time pressure on the parties. Keep an open mind.

In my experience this is where the negotiation can be most difficult but also where it calls for true problem-solving skills. Sometimes over the course of your negotiation you find the drivers that you thought were important to the other side were incorrect. You need to pivot and offer other options and determine the risks of those to your own side. Think outside the box and remember, often a negation ends with each side not getting exactly what they wanted but feeling satisfied that the matter is settled.

In my humble experience, I believe conducting a thorough research relating to the subject of the contract, will assist significantly in understanding the legal implications of the key provisions of a contract and will enable the parties develop clear vision as to their short and long term goals, and as a result, they will be more confident, demonstrate deeper understanding and stronger position in any negotiations. This will give them an upper hand and opportunity to lead the transaction and achieve the majority of their goals if not all in any negotiations. In addition, conducting sufficient due diligence on the contracting parties (the depth of this usually depends on the value of and the risks associated with the transaction.

In some scenarios where the deal is valuable or beneficial to both parties, it is practical to consider a flexible approach to the extent feasible and mutually acceptable from business and legal perspectives, with the objective of creating a win-win situation and solution.

The negotiation process is a lot of listening and then pivoting the conversation to keep the conversation headed in the right direction. IF you can see the areas that will become objections before they are voiced you can address them on your terms. Being prepared for the negotiation with questions that you have rehearsed so that you can pull them out at the right time will also help you get a win at the end of the negotiation.

In case of a complicated contract or a high value contract, it would be beneficial for the teams on both sides to have a contract understanding session.

This is one of my most favorite and preferred part of the negotiation the follow up and control which is super relevant that the follow up control has a sense of urgency as the contract progresses neglecting a detail can mean the difference between losing or winning a good contract.

Not all negotiations result in an agreement within a short or scheduled timeframe. Today’s non-negotiable may be at least a door that’s ajar tomorrow, following reflection. I have often found that with persistence, you can conclude a deal days, even weeks after the scheduled interactions. Instead of seeing a negotiation as failed, reframe it as unfinished.

Negotiation is not a battle to prove which party is right. Instead they are collaborative sessions where parties bring to table areas and things they want to explore & agree on alternatives. Ofcourse both parties have limitations on every aspect brought up. If the outcome does not result in contract between parties it cannot be termed as Negotiation failure - it just shows that a common ground could not be found between the parties on that occasion. So never regret when one has to walk away from a negotiation.

To me one of the most important aspects of maintaining control during negotiations is often forgotten during the stress and the heat of the negotiation. That is active listening. Actively listen to the other party's concerns, needs, and interests. By demonstrating that you are attentive and understanding, you can build rapport and gain valuable insights. Active listening also helps you identify potential areas of agreement and leverage points that can be used to maintain control during the negotiation. Don’t be afraid of silence. Don’t rush in to fill the silence. Many things can be picked up when the other party feels the need to dip that silence.

It is important to keep in mind that having no contract is much better than being bound to a bad contract. As noted above, you need to know what your goals are and what your deal breakers are. If, after a good faith effort and exploring creative approaches, you cannot obtain what you are looking for, it is ok to walk away and look for alternatives from other sources.

It is clear that in a negotiation process you need to know your goals and limits, but it is equally as important to know your counterpart. Researching about the people who will be present and try to understand their goals and their needs. In many cases, you will need to build a medium-long term relationship with them. And if you approach the negotiation as an occasion to win at all cost and in all fronts, and you do, you will also suffer the downside of hurting your counterpart and that will hinder the possibility of a strong and durable business relationship.