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16 Ohio Law. 26 (2002)
The 10 Biggest Negotiation Mistakes Attorneys Make

handle is hein.journals/ohiolawr16 and id is 100 raw text is: Practice Tips by Robert P Sherman The 10 biggest negotiation mistakes attorneys make Why is it that one attorney can walk into a negotiation and in a matter of moments have his or her positions met, while another equally competent attorney can negotiate the same points for hours and make no headway? The answer lies in the attorney's negotiation skills and how he or she incorpo- rates those skills. Unfortunately, most attor- neys spend little time concentrating on negotiating strategies. As a result, they either avoid the negotiation process whenever possible or they resort to simplistic rules of negotiation. Both of these alternatives leave clients in an awkward situation: Their needs are not fully being met. Despite the fact that effective negotiation is a key compo- nent of success, few attorneys have received formal training in this area. Instead, they learn by watching their peers negotiate and adapt what worked to their own styles. Very often, the result is an adversarial-type of negotia- tion strategy that produces poor results. The following are the 10 biggest mistakes attorneys make when they negotiate. Eliminate these ROBERT P, SHERMAN IS AN ATORNEY AND FOUNDER OF THE SHERMAN LEADERSHIP GROUP IN COLUMBUS. errors from your next negotiation and you will not only set yourself apart from the crowd, but also reach a result that is reasonably acceptable to all parties. Failing to emotionally distance yourself Finding emotional distance during negotiations is the key component of every success- ful negotiator. Emotion clouds judgment, which results in less effective outcomes. Problem-solving requires objectiv- ity and, when your emotions take over, your objectiv- ity is lost. The most effective negotia- tors are aware of and in control of their emotions. They are aware when others are trying to make them angry. They know when they are losing control; they step back and ask themselves what they need to do to regain their composure. Successful negotiators are able to detach from the emotion of the moment and make decisions based on reason. Only then can a successful negotiation take place. Negotiating with a win/lose mentality With a win/lose approach, one person is deemed the winner and the other is the loser. This mindset makes the negotiation resemble a challenge where one person must emerge as the victor. With this mentality, compro- mise is unattainable and the negotiations halt. Instead of thinking win/lose, think Win/win. Leigh Steinberg defines Win/win as being I 'Win' with a capital 'W' and you 'win' with a lowercase 'w.' It shows that everyone can win in a negotiation, although not every- one will win equally. When you adopt a Win/ win mentality, compromise comes more easily and the negotiation meets the needs of all parties. Getting angry without a purpose Too often attorneys jump into a negotiation with a bad attitude. They mistakenly believe that flying into a rage is the best way to succeed at a negotiation. But think about this: How do you respond when someone yells at you or begins to escalate an argu- ment? Do you let the other person win, or do you want to fight back? Instead of participating in the escalation, throw the other party a curve and remain silent. This may seem simple, but in practice it is very difficult. The first step is to realize that not every statement from the other party requires a response. When your opponent sees that you will not partake in that kind of discussion, he or she will often calm down and begin to act with reason. Failing to prepare Before you begin any nego- tiation, you must know what your ultimate goal is. On which points can you compromise? On which points will you not budge? Which points are in the best interest of your client? Whatever your objective, you need to fine-tune it with the client before you enter the negotiation. Also important is to know your walk-away alternatives. How far are you willing to go before you walk away from the entire process? The more prepared you are for the negotiation and the more possible outcomes you have in mind, the better your . chances of leaving with a positive solution. x W~/I1 NE 2002 01110 LAWYER 01-110 LAW YE R aI N,NY/JI7NE 2002

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