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Banging the Table Negotiations

4/16/2016

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I came across an example recently of overly aggressive negotiation. This is where a lawyer or procurement professional starts shouting across the table or refuses to let anybody else talk, always interrupting the other side and even their own colleagues. He or she insists on their view being heard and followed without any logical or business argument to support it and tolerating no alternative or compromise view. It's my way or the highway. 

It is for me the antithesis of good negotiation practice to behave in this manner. Firstly it is disrespectful and rude and secondly it rarely works even if it is consciously being adopted as a tactic. If it does succeed in forcing a particular viewpoint on a reluctant supplier or customer it invariably results in a poor contract prone to delivery failure.

This can happen where say one side in the discussion is represented by a professional adviser who takes advantage of the situation. Usually I find that if both sides are legally represented there is a measure of professional courtesy and respect however far apart the two sides are. This is helpful because it provides and avenue to pursue solutions even when the two clients are at loggerheads.

So how do you counter an aggressive irrational negotiator? In the first place recognise what is happening and react rationally and don't give in to bullying or react emotionally and shout back. Meeting hostility with hostility doesn't usually work and generally inflames the situation. Soft martial arts like Aikido work by absorbing the force of an attacker and turning this back on the aggressor. Staying calm but not being intimidated is a very powerful response.

It's better to let them run out of steam waiting politely for them to finish, though it may prove necessary to interrupt if you really can't get a word in edgewise. Then quietly suggest that it is pointless continuing if your viewpoint cannot be articulated and heard.  Be prepared if necessary to ask for a time out to let things calm down during which it may be helpful to point out to another member of the aggressor's team that his or her behaviour is not helping. Often their own team is embarrassed by such behaviour.

If they really won't change then call a halt to the negotiation and go away and question within your own organisation if you really want to do business with a company that allows or even condones such behaviour.




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