Seasoned Alameda Business Attorneys Structure Negotiations for Optimal Results

Skill, preparation and discipline are keys to optimal results

Each party to a negotiation wants to obtain the greatest benefit for their side, yet each understands there must be compromises. One-sided deals breed resentment and make it difficult to do repeat business or attract new customers. At Garcia & Gurney, A Law Corporation in Pleasanton, our business lawyers understand that the best deals are those that maximize opportunity for both sides. While our primary task is to obtain favorable terms for our clients, we also understand that trade partners, contractors and subcontractors need to realize profit from a transaction. Our practical approach to negotiations is more likely to produce mutually beneficial contracts.

Structuring a successful business negotiation

Here are the key stages of the negotiation process:

  • Preparation — Abraham Lincoln reportedly said, “If I had eight hours to chop down a tree, I’d spend the first six of them sharpening my axe.” Before entering any discussions on a business transaction, a party must set goals, which generally consist of a range of acceptable outcomes from the greatest possible to the least acceptable. The party must also investigate the other side’s position to understand their needs and concerns, their reasons for wanting a deal and their walk-away point. Time devoted to preparation will pay dividends during talks.
  • Discussion — Initially, each party will reveal their understanding of the situation to be resolved. Parties must refrain from personalizing the situation or letting emotions surface. An attorney’s interpersonal communication skills are invaluable. By questioning, listening, paraphrasing, and clarifying, the negotiator can learn a great deal, not only about the other party’s position, but the reasons they have taken that position.
  • Clarification of goals — Having heard from the other side, a party might want to rethink their goals for the discussion and reset expectations. You can take this time to reprioritize goals and imagine where you might find common ground. It might also be necessary to clarify language to ensure that each party is talking about the same thing or not talking past each other. It’s been said that 80 percent of philosophical discourse is arguing about definitions. Business talks are much the same; to make progress towards an agreement, you must first agree on what you are talking about. 
  • Focus on a win-win outcome — The best deals or resolutions of disputes allow both parties to claim victory. Each side must know they’ve been heard and accommodated on some level. Each party must give a little to get a little. It is often possible to nudge a party away from a firmly held position you find unacceptable, if you can present an alternative means for upholding the values that prompted the party to take its initial position.
  • Agreement — Agreement can only occur when each side believes their viewpoints and interests have been considered, understood, and honored. Clarity is supremely important, because an agreement will not last if it’s based on a misunderstanding or a misstatement of a position. The agreement should be memorialized in as much granular detail as possible to avoid any confusion.
  • Setting a course of action — An agreement in principle must be supported by tangible steps by which each side will benefit.

Our business lawyers have honed their negotiating skills on business issues ranging from formation to dissolution and every matter in between. We are ready to help you close your transaction or resolve your business or commercial dispute.

Contact our Pleasanton business lawyers for negotiation services in California

Garcia & Gurney, A Law Corporation in Pleasanton represent business clients in negotiations related to transactions and civil disputes in Alameda and throughout California. Call 925-468-0400 or contact us online to schedule a consultation.