20 Common Negotiation Errors: Mastering the Dance of Deal-Making

In the coming weeks, I'm laying out the top 20 negotiation blunders I've seen unfold in my 30+ years of practicing law.

Why?

Because these slip-ups can kill deals and vanish opportunities before you even know what hit you.

But don't sweat it—I'm not just here to point out where people are going wrong. I'll hand you the playbook on how to sidestep these pitfalls and, better yet, flip them into your advantage.

This isn't just about fixing errors; it's about never giving them a chance to happen.

Ready to get started?

Great!

Here's what I'd focus on, and please note this is an ongoing project I'll be updating several times a week.

1. Skipping the Prep Work: Lack of preparation can leave you vulnerable to unforeseen turns. I'll guide you on leveraging traditional and new AI assisted approaches to get ready and seal the deal. (more here)

2. Failing to Listen: Zeroing in solely on driving your points home can backfire. It's crucial to tune into the other party's words and understand their needs and desires. (more here)

3. Overlooking the Need for Clear Understanding: Misunderstandings can cause negotiations to falter all the time. In fact, this is one of the biggest mistakes I see people make. (more here)

4. Talking Too Much: Oversharing can weaken your negotiation position. Listen, learn and think of the negotiation process like chess, not checkers. Play the long game. (more here)

5. Neglecting Relationships: Focusing solely on the deal and forgetting about relationship building is a big mistake. I show you my favorite “people skills” to help you build better rapport and stronger negotiation relationships. (more here)

6. Showing Impatience: Impatience can push you into hasty decisions with less-than-ideal results. Better to have the other side rush than to fall into that trap yourself. (more here)

7. Focusing Only on Price: Concentrating solely on price and overlooking other variables like quality, delivery time, or service is a rookie mistake. Approach this issue the right way and you’ll get the result you want. (more here)

8. Lack of Confidence: Without self-assurance, it's hard to persuade others. Even if confidence is something you’re lacking, the perception of confidence is all you need to win.

9. Not Knowing When to Walk Away: Recognize when an agreement is not in your best interest. Understand your BATNA (Best Alternative to a Negotiated Agreement). Always have several backup plans.

10. Keeping Emotions in Line: Mastering your emotions is key. Letting anger or anxiety take the wheel can torpedo your stance. Sure, flying off the handle might look cool on screen, but in the real world, playing the tough guy often backfires more than you'd expect.

11. Focusing on Positions Instead of Interests: Instead of sticking to a particular position, try to understand the underlying interests of everyone involved.

12. Neglecting Cultural Differences: When negotiating across cultures, misunderstanding and insensitivity can cause misunderstandings.

13. Pushing the Limits with Unrealistic Demands: Shooting for the moon with your asks can seriously derail the negotiation train. It's like throwing a wrench in the works – it won't get you closer to your goal, just further from a deal.

14. Missing Non-Verbal Cues: The silent signals can be gold mines of information, offering clues that words alone can't convey.

15. Caving in Too Early: Inexperienced negotiators often concede too early out of eagerness to reach an agreement. Take your time and let the process play out.

16. Assuming a Fixed Pie: Inexperienced negotiators sometimes see the negotiation as a zero-sum game, where one's gain is the other's loss. This can lead to competitive, rather than collaborative, negotiation.

17. Failing to Follow Up: Negotiation doesn't end when the agreement is reached. Follow up to ensure commitments are being met. Immediately confirm the final deal in a signed and dated agreement.

18. Overusing Power Plays: Excessive force or pressure tactics can damage relationships and sour future negotiation prospects. It's about finding the right balance, not tipping the scales too far in your favor.

19. Underestimating the Value of Give-and-Take: Making concessions is a cornerstone of effective negotiating. It's not just about what you gain, but also what you're willing to give up that paves the way to a successful agreement.

20. Not Building in Contingencies: Unexpected issues can and will arise, and it's essential to be prepared. Build in contingencies for key parts of the agreement.

I hope you found these 20 quick tips helpful.

If you're inclined to do so, you can do a deep dive into decades of insights on negotiation and mediation at my blog.

Until next time, enjoy the journey and never stop making each day your masterpiece!

Mitch Jackson

Lawyer and Private Mediator

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