Negotiations are tricky enough when both sides are operating in good faith.
However, when one side has a clear goal of disrupting the negotiations, the situation can seem hopeless.
So what can you do to stay sane and be effective during these kinds of negotiations?
Let’s take a look at my favorite tips for dealing with bad-faith negotiators:
Be prepared for every possible scenario before you go into the negotiations.
The worst thing you can do is to go into a negotiation unprepared.
You should be familiar with the position of your own company, as well as what each party wants out of the deal.
You should also research every possible scenario that could arise in a negotiation and have an appropriate response for each one.
You must research both your own position, as well as the other party’s position.
This will allow you to prepare for any outcome from being able to settle on a mutually beneficial deal, to going through legal arbitration if necessary.
Focus on what your bottom line is as a negotiator, and don’t cave.
In negotiations, it’s important to keep your own goals in mind.
This is especially true when dealing with a bad faith negotiator, who will try to distract you from your bottom line.
Do not let this happen! Remember that what the other person wants is irrelevant when it comes to negotiating.
Focus on what you want, and don’t get distracted by their goals (or lack thereof).
Don’t get upset when the other person does or says something outrageous or crazy.
When negotiating with a bad faith negotiator, it can be tempting to get upset when the other person does or says something outrageous or crazy. But don’t let yourself get drawn into their game.
Don’t let their behavior distract you from your goals. Don’t let them make you lose your temper and give up on those goals in frustration.
If they’re being mean, don’t take it personally; instead, remember that they are just doing whatever they can think of to get what they want out of the negotiation — and if that means being rude and aggressive, so be it!
It doesn’t matter what kind of tone or attitude they use; at the end of the day, all we want is a fair deal for both parties involved in any kind of business transaction.
Ask for time to think about things when you need it.
If you need time to think about things, ask for it.
Don’t get upset when the other person does or says something outrageous or crazy.
Focus on what your bottom line is as a negotiator and don’t waste time on personal attacks or other distractions from the negotiations themselves.
Be clear about your different options, and their threats and promises.
To properly manage the negotiation, you need to be clear about your different options, and their threats and promises.
Your goals are what you want out of the negotiation.
What do you expect?
Do you want an agreement that favors you more than it favors them?
Are there certain conditions that must be met before you will agree to an agreement?
Think about all these things as they relate to your own situation before negotiations start so that once they do start, it’s easy for everyone involved to understand where everyone stands.
The other side has their own goals as well: what exactly is it that they want from this deal?
If those goals align with yours (or if at least some of them do), great! But if not — if there is a fundamental difference between what each party wants out of this deal — then there may be trouble ahead for both sides if no compromise can be reached.
Don’t waste time in the negotiation on personal attacks or other distractions from the negotiations themselves.
When dealing with bad faith negotiators, it’s important to not get sidetracked by personal attacks or other distractions.
This can be difficult because the other side is trying to distract you.
They might turn the conversation into something that has nothing to do with negotiating and try to make you lose focus on the negotiations themselves.
For example, they might start talking about how much money they lost in a recent investment or how bad their relationship is at home.
They might even bring up things from your past that have nothing to do with what’s happening now.
If that happens, don’t engage in this type of behavior because it will take away from the focus on reaching an agreement between both sides of the negotiation.
If there are any issues outside of negotiation itself (for example: personal problems), then those should be dealt with separately; this also applies if someone is being emotional during negotiations (for example: crying).
It’s best just ignore these situations completely unless there’s something specific that needs addressing; otherwise don’t bother saying anything at all
Anticipate problems and prepare for them ahead of time so you’re not surprised and put off balance by them.
Here are some examples of how you could anticipate problems and prepare for them ahead of time so you’re not surprised and put off balance by them:
For example, if a client signed a contract which he does not intend to honour, most likely, the client will delay its execution with all types of excuses ranging from medical emergencies, funerals and what not.
If you confront a bad faith negotiator about not respecting the contract, he/she might guilt-trip you into quote ‘’not respecting their privacy’’ or ‘’being needy’’, whilst you’re simply trying to make sure a contract is executed within the agreed upon timeframe.
In this case, as soon as the client displays such behaviour, you should clarify that it is not acceptable, and let the client go… And no, you didn’t miss out on an incredible opportunity. Bad-faith negotiators don’t intend to work, you’ve done yourself a favour by removing a liability from your precious time.
Anticipating these things gives me more control over how they end up affecting me emotionally — because you’ll have prepared yourself mentally beforehand so that when things don’t go according to plan (as they often don’t), it won’t cause any undue distress and frustration.
If necessary, ask for help from others.
If you find yourself in a situation where you feel like the other party is being unreasonable, it’s OK to ask for help.
It’s not always easy to tell when someone is being deceptive or dishonest.
It can be hard to know what kind of response is appropriate when someone is negotiating with bad faith intentions.
If you need help dealing with this type of person, don’t hesitate to ask for assistance from others who know more than you do about the situation or issue at hand.
You may want to consult an attorney or other professional who specializes in business law and contract negotiations for advice on how best to proceed with the negotiation process.
Alternatively, you can implement communication policy, business conduct policy that serve as clear boundaries on how a client interacts with your business.
For example: if a client doesn’t pay within 5 days, regardless of the reasons, this could systematically result in a contract cancellation. Another example, is, if a client doesn’t return your emails within 3 days or decides to breach a signed agreement this also results into contract cancellation.
If there are other people involved who have special knowledge about your specific area of expertise (i.e., another member of your team), consider asking them if they would be willing to take part in an online meeting, bad faith negotiators are concerned about their image and therefore less likely to lie when confronted to a group.
As you can see, there are several ways to get out of a bad faith negotiation. The key is to not let the other person’s tactics put you off your game.
Stay focused on what matters most to you, and try not to engage in any personal attacks or distractions that could derail the discussion.
Remember: these kinds of people are often just as upset by their own circumstances as they are with yours — so if they’re behaving badly during negotiations, it may be best for everyone involved if both sides take some time apart from each other.
In addition, don’t forget there’s always room for new business deals!
