Question 15 abc

Question 15: Which one of the following is the most common mistake made by negotiators in the Agree step of negotiations?

A  Failing to summarise the deal
B  Imposing their own summary of the deal
C "Deal creeping" or letting their lawyers do this

Well done, A Failing to summarise the deal is the correct answer! Most alleged negotiators are so relieved to have finally got a deal that they fall out of the meeting without even bothering to summarise the deal they think they’ve got. Why? Because they’ve usually run out of time. Why? Probably because they spent far too much time in unproductive argument earlier in the negotiation. The legal profession make billions of $’s around the world every year litigating over the interpretation of deals done some time previously by negotiators who failed this final test. It is imperative to check that you actually have a deal and what that deal is. Get the other side to summarise the deal they think they’ve done, hopefully you’re on the same page. If your interpretation is any different give your summary and see if you can get them to sign off on that.

What about the other answers?

B Imposing their summary of the deal – Tempting to make sure it goes your way, but it’s competitive behaviour which will beget competitive behaviour from the other party. The deal will in all likelihood fall apart. Most of the time Win : Win works best

C “Deal Creeping” is very common but again it’s competitive behaviour. If your side is guilty of this and the other side spot it, the whole deal could fall apart. If you genuinely can’t remember which way a point went, get hold of the other side tell them this, then give them the interpretation that favours you. If they’re happy with the deal overall they’re likely to agree with you. On the odd occasion they don’t, you’re just negotiating that point not re-negotiating the whole deal.

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