登录查看更多内容

How do you handle impasse or deadlock situations in a contract negotiation?

由人工智能和领英社区提供技术支持

Negotiation power and leverage are crucial skills for contract negotiation, especially when you face impasse or deadlock situations. Impasse occurs when the parties cannot reach an agreement on one or more issues, and deadlock happens when the negotiation breaks down completely. In this article, you will learn some techniques to handle these challenging scenarios and achieve your desired outcomes.

此文章中的业界达人

由社区从 3 条内容中精选。了解更多

Glenn Legge

Senior Consultant at Endeavor Management

1 Identify the sources of impasse

The first step to overcome impasse or deadlock is to understand why it happens. There are many possible causes, such as incompatible interests, unrealistic expectations, emotional reactions, communication barriers, or external factors. By identifying the sources of impasse, you can address them more effectively and find ways to resolve them. For example, you can ask open-ended questions, clarify your assumptions, reframe the issues, or explore alternative options.

添加您的观点

Glenn Legge

Senior Consultant at Endeavor Management
举报内容
Over forty years of handling commercial transactions and disputes in courtrooms, arbitrations and boardrooms, I've found that creating an initial foundation of agreed issues/terms is helpful. Even the most polarized parties will have some perspectives that are shared by the others side (cost savings, reducing commercial, financial or regulatory exposures, protecting business reputation). Once you have established some similar elements/perspectives, you then have a tool to create an acceptable midpoint for contract or dispute resolution. This middle ground is useful if one party or the other, are assigning too much value/exposure to certain elements of the negotiaions or dispute. This strategy involves upfront research about the parties.

已翻译

赞
Paula D.

Sr.Attorney at Mission Support & Test Services, LLC
举报内容
In my experience asking questions and introducing new people into the discussion can open doors to solutions. When both parties feel they are at an impasse, ask more questions and also consider broadening the discussion past the primary negotiators. Asking questions and bringing additional key parties into the discussion sometimes adds perspective and opens the door for a compromise or influences a party to move off of a hard position. Both asking more questions and bringing in additional people are methods of changing the negotiation dynamics! You won’t move past an impasse unless you introduce some new variables and an opportunity for change.

已翻译

赞

2 Use objective criteria

One of the most common reasons for impasse or deadlock is that the parties have different perceptions of what is fair or reasonable. To avoid subjective arguments, you can use objective criteria to evaluate the offers and proposals. Objective criteria are external standards or benchmarks that are independent, legitimate, and relevant to the negotiation. For example, you can use market prices, industry standards, expert opinions, or legal precedents. By using objective criteria, you can justify your position, persuade the other party, or challenge their claims.

添加您的观点

3 Increase your BATNA

BATNA stands for Best Alternative To a Negotiated Agreement. It is the most attractive option that you have if you walk away from the negotiation. Your BATNA determines your negotiation power and leverage, as it sets the minimum acceptable level for any agreement. The stronger your BATNA, the more confident and flexible you can be in the negotiation. To increase your BATNA, you can research other potential partners, create backup plans, or improve your skills or resources.

添加您的观点

4 Apply pressure tactics

Sometimes, you may need to apply some pressure tactics to break the impasse or deadlock. Pressure tactics are actions or statements that create a sense of urgency, risk, or competition for the other party. For example, you can set a deadline, make a final offer, threaten to walk away, or reveal a better offer from another party. However, you should use pressure tactics with caution, as they may backfire or damage the relationship. You should also be prepared to face counter-pressure tactics from the other party.

添加您的观点

5 Seek third-party assistance

If none of the above techniques work, you may consider seeking third-party assistance to help you overcome the impasse or deadlock. Third-party assistance can take various forms, such as mediation, arbitration, or facilitation. A third-party can provide a neutral perspective, offer suggestions, resolve disputes, or make decisions for the parties. However, you should also be aware of the costs, risks, and limitations of involving a third-party in your negotiation.

添加您的观点

6 Maintain a positive attitude

Finally, one of the most important techniques to handle impasse or deadlock is to maintain a positive attitude throughout the negotiation. A positive attitude can help you cope with stress, frustration, or anger, and prevent you from giving up or making concessions. A positive attitude can also influence the other party, and create a more cooperative and constructive atmosphere. To maintain a positive attitude, you can focus on your goals, emphasize common interests, express appreciation, or use humor.

添加您的观点

Arthur Hill

RAE striving to produce superior service a strong consultative experience and industry knowledge.
举报内容
Revisit the wants versus needs Sometimes you have to go back and review that facts of the contract. What your client want’s versus what your willing to provide. Some where in there is a compromise and a solution. You may have to give a little more to close or it may be just a simple recapping of what you bring to the table that will ultimately make the client look good in signing the contract. There can be no ego in this process, because you loss face if your intent is shown to be self gratification. Thus you loss the contract.

已翻译

赞

Contract Negotiation

+ 关注

给文章评分

我们借助人工智能创建了此文章。您认为这篇文章怎么样？

很棒不太好

举报此文章

查看全部

How do you handle impasse or deadlock situations in a contract negotiation?

1

2

3

4

5

6

1 Identify the sources of impasse

2 Use objective criteria

3 Increase your BATNA

4 Apply pressure tactics

5 Seek third-party assistance

6 Maintain a positive attitude

Contract Negotiation

给文章评分

感谢您的反馈

更多Contract Negotiation相关文章

更多相关阅读内容

How do you handle impasse or deadlock situations in a contract negotiation?

1

2

3

4

5

6

1 Identify the sources of impasse

2 Use objective criteria

3 Increase your BATNA

4 Apply pressure tactics

5 Seek third-party assistance

6 Maintain a positive attitude

Contract Negotiation

给文章评分

感谢您的反馈

查看其他技能