LEGAL NEGOTIATION: IMPORTANCE OF NEGOTIATION PROCESS

October 9, 2012

Many individuals find bargaining interactions to be highly stressful experiences. As a result of their anxiety, they behave in an unpleasant manner. Such conduct adversely influences the negotiation process. Recent studies by Professor Rebecca Hollander-Blumoff have discovered that when bargaining parties believe that the negotiation process was fair and they were treated respectfully, they are more satisfied with objectively less beneficial terms than when they think the process was not fair. It is thus critical for negotiators to appreciate how important it is for them to behave professionally and respectfully when they interact with others. They should not consider negotiations to be win-lose endeavors, since most can end with win-win results if the parties discover and share their underlying interests effectively.

Negotiators should never consider the other side to be the enemy. They are in fact their best friends. If those persons were not interacting with them, they would not be earning a living! Both sides want to achieve mutually beneficial agreements or they would not be negotiating. People have to appreciate the fact that rudeness is a substitute for bargaining proficiency. Skilled negotiators do not behave badly. They appreciate the fact that this is the least effective way to get what they hope to achieve. Negotiators should always treat their opponents respectfully and explore and divide the underlying issues in a calm and professional manner.