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Getting Around the Brick Wall:
When Negotiations Stall Out

Stalled out negotiations are more common that you might think. Even those individuals with the best intentions occasionally find themselves dealing with a deadlocked negotiation. Think about some of the news headlines you might have seen recently...

"Air France Negotiations at a Standstill as Strike Enters Second Week"

"Illinois Officials Still Deadlocked in Budget Negotiations"

"Australia to Restart Stalled Tuna Talks with Japan"

"As Labor Talks Stall, New York Tenants Face Prospect of Hauling Trash"

"Brazil, US Deadlocked on Eve of FTAA Deadline"

Do some of those sound familiar? To hundreds of thousands of people, they do. While many of the negotiations we are involved in may not take place in the limelight and may occur on a smaller scale, stalled negotiations occur in all types of situations. We've seen companies struggle with their vendors over minor contractual details that threatened to derail a sale that otherwise was considered by both sides as a done deal. At the same time, we've heard clients of ours talk about the difficulties encountered during labor negotiations where one party was unwilling to budge on any of their demands. These are common situations. When faced with a negotiation that is starting to stall, here are some simple steps to follow:

1. Call for A Break - A break may last an hour or a week, depending on your situation. Let the other party know that you solely want time to regroup and take a look at the existing situation. Ultimately, the goal is not to strategize on how to topple the other party. Rather, you should be focusing on ways to resolve a deadlock and move forward.

2. Examine the Situation - To resolve the deadlock, you have to go through an examination process. What is causing negotiations to stall? What does each side want? Are there any particular "hot buttons" that may have put you in this situation? This is essentially an analysis of the situation at hand.

3. Evaluate Your Position - It helps to get a better feel for what you are expecting out of a negotiation. At times, during the most protracted of negotiations, parties lose sight of their goals and get caught up trying to deal with difficult items. These situations can get so intense that discussions on minor items slowly unravel prior agreements. What is your position? Is it realistic? Is it consistent with your overall expectation of the negotiation?

4. Reaffirm Your Commitment to Win-Win Negotiating - You came to the table looking for an outcome that would be of benefit to both sides. Are you still following that principle? Have you continued focusing on ways to come up with a mutually beneficial agreement? Take a good look at your actions during the negotiations to determine if you are still negotiating in good faith. Remember - you want to be focus on win-win negotiations, not dominate-cower negotiations.

5. Communicate with the Other Party - Open communication and two-way dialogue is critical. Communicate to the other party that you are focused on resolving the deadlock and moving forward. Find out a bit more about why they are taking such a firm stand. Talk it out. You may be able to hash out the situation and move forward towards a happy ending for both of you.

 
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