May 13


Negotiation Terms and Techniques: A Guide for Lawyers and Business Professionals

Negotiation is an essential skill for lawyers and business professionals alike. Whether you are negotiating a contract, settlement, or partnership agreement, understanding negotiation terms and techniques can help you achieve your desired outcome. In this guide, we will explore some of the most common negotiation terms and techniques, as well as strategies for success.

Negotiation Terms

Before diving into specific techniques, it is important to understand some common negotiation terms:

  1. BATNA (Best Alternative to a Negotiated Agreement): This is the alternative course of action you will take if you are unable to reach a satisfactory agreement. Understanding your BATNA can help you determine your negotiation strategy.

  2. Reservation Point: This is the point at which you are willing to walk away from the negotiation. Knowing your reservation point can help you determine your negotiation limits.

  3. Anchoring: This is a technique in which the first offer made sets the tone for the rest of the negotiation. It is important to be aware of this technique and to counter with a reasonable offer.

  4. Concession: This is a term for giving up something in order to reach an agreement. It is important to understand what you are willing to concede in a negotiation and what you are not.

  5. Deadlock: This is a situation in which the negotiation has reached a stalemate and no progress is being made. It is important to recognize when you are in a deadlock and to try to break it.

Negotiation Techniques

Now that we have covered some common negotiation terms, let's dive into some negotiation techniques:

  1. Preparation: The key to a successful negotiation is preparation. This includes researching the other party, understanding their needs and goals, and anticipating their objections.

  2. Active Listening: It is important to actively listen to the other party during a negotiation. This includes asking clarifying questions and paraphrasing their points to ensure understanding.

  3. Framing: Framing is a technique in which you present your offer in a way that is most appealing to the other party. This includes highlighting the benefits of your offer and minimizing the drawbacks.

  4. Counteroffers: Counteroffers are a common negotiation technique in which you offer an alternative proposal to the other party. It is important to consider the other party's needs and goals when making a counteroffer.

  5. Building Rapport: Building rapport with the other party can help create a positive negotiation environment. This includes finding common ground and being respectful and friendly.

Negotiation Strategies

In addition to understanding negotiation terms and techniques, it is important to have a negotiation strategy. Here are some common negotiation strategies:

  1. Competitive: This strategy is focused on achieving the best possible outcome for yourself, even if it means the other party does not get what they want.

  2. Collaborative: This strategy is focused on achieving a mutually beneficial outcome for both parties. It involves finding common ground and working together to achieve a solution.

  3. Compromising: This strategy involves finding a middle ground between both parties' needs and goals. It often involves concessions from both parties.

  4. Avoiding: This strategy involves avoiding the negotiation altogether. It is only appropriate in situations where the costs of negotiation outweigh the benefits.


Negotiation is an essential skill for lawyers and business professionals. By understanding negotiation terms and techniques, as well as having a negotiation strategy, you can achieve your desired outcome. Remember to always prepare, actively listen, and be willing to compromise when necessary.

What negotiation techniques have worked for you? Share your experiences and thoughts below!


Law in Practice, Negotiation

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