This contract tip is about negotiation strategies and finding ways to let the other side "win" during contract negotiations.
This practice takes many forms:
- conceding points quickly and respectfully instead of blustering on about how I am right,
- letting them show off their skills and knowledge to their teammates,
- acknowledging that they have a better way to solve something, and
- using their language in my edits as much as possible rather than writing it the way I prefer.
I didn't always have this mindset. As a newer lawyer, I wanted to show off my skills. I wanted to demonstrate my better drafting ability. I wanted to use my negotiating prowess to show my client and the other side how they were wrong.
Essentially, I made the negotiations into something for me to win.
But I learned that this mindset made it harder to get the best deal for my client. Because I made it about me feeling smug about my superiority rather than working together to arrive at terms.
I made it about me.
Now I make it a point to show my respect. I praise their arguments that convinced me. I use their wording even though I think that I could draft it better. I try to create a positive experience to facilitate a better deal and business relationship.
I make it about all of us.
How do you approach this in your negotiations?
PS - This cartoon is one of my all-time favorites. There's something about being able to use the words "intergalactic bovine transport" that brings me joy.
