Winning with Style: Mastering Negotiation Skills for Lawyers

Negotiation is at the heart of legal practice. Whether you’re brokering a corporate deal, mediating a dispute or managing settlement discussions – how you approach negotiations can be the difference between a positive outcome and a missed opportunity. For lawyers, mastering different negotiation styles is essential for handling diverse challenges presented with each case.

Negotiation styles – competitive, collaborative, compromising and accommodating – are based on well-researched negotiation and conflict resolution theory. One widely recognised framework is the Thomas-Kilmann Conflict Mode Instrument (TKI), which identifies how people handleconflict. The TKI has been foundational in understanding negotiation behaviour and is used in both legal and business settings.

In fact, negotiation experts Roger Fisher and William Ury, in their influential book Getting to Yes, suggest that “negotiation is not a competition of wills but a joint problem-solving exercise.” This idea reflects the importance of understanding not only your own style but also the motivations and styles of others in order to reach mutually beneficial outcomes.

Each negotiation involves distinct personalities, interests and objectives - and no two negotiations (or negotiators) are the same. By recognising and adapting to various negotiation styles, you can better manage these dynamics, making your negotiations more strategic and effective. In this blog, we’ll explore four key negotiation styles - competitive, collaborative, compromising, and accommodating. By understanding these styles, you'll learn how to adapt and adjust your approach for different negotiation styles and achieve the best possible outcomes for your clients.

Competitive

A competitive negotiator is assertive, driven and focused on winning. This style thrives in situations where there’s a clear goal or a zero-sum outcome - meaning, one side must win and the other must lose. Competitive negotiators aim to secure the best deal for their side, often putting pressure on the other party to concede.

While being competitive can be effective in short-term, high-stakes negotiations such as litigation or when negotiating strict contract terms, it can also come across as aggressive. If overused, this style might damage long-term relationships or discourage future collaboration.

How to Adapt:

• When facing a competitive negotiator, remain firm but avoid escalating the situation. Focus on facts, remain calm and be prepared to hold your ground without appearing inflexible.
• If you naturally lean towards a competitive style, be mindful of the long-term consequences of this style. Not every negotiation requires a ‘win at all costs’ approach and fostering relationships might offer a better return in the future.

Collaborative

Collaborative negotiators seek win-win outcomes. They value building relationships and work towards solutions that benefit all parties involved. This style is often used in negotiations where preserving the relationship is just as important as the result, such as mergers, joint ventures, or client retention.

Collaboration requires openness and a willingness to explore different options. It encourages creative problem-solving, but it also demands trust between the parties. Collaborative negotiators are skilled in finding shared goals and exploring new ways to satisfy both sides.

How to Adapt:

When negotiating with a collaborative counterpart, focus on common interests rather than opposing positions. Be open to sharing information and ideas to build trust and find mutually beneficial solutions.
If you adopt a collaborative style, be careful not to give away too much information too soon. Trust is key, but always ensure that both parties are equally invested in the process to avoid being taken advantage of.

Compromising

A compromising style involves both sides making concessions to reach a middle ground. It’s a balanced approach where neither party fully wins or loses, but both walk away with a satisfactory outcome. Compromise is particularly useful when there’s a need for quick resolution or when time is limited, such as during settlement negotiations.

However, compromise can sometimes lead to suboptimal outcomes, as both parties might feel they gave up too much or settled too quickly without fully exploring alternatives.

How to adapt:

• When negotiating with a compromiser, be clear on which concessions you’re willing to make and where your boundaries lie. Ensure that the compromise benefits both sides equally, rather than just aiming for speed over quality.
• If compromise is your default style, try to assess whether a more assertive or collaborative approach might result in a better long-term solution. Compromising isn’t always the best option if it leaves potential value on the table.

Accommodating

Accommodating negotiators prioritise maintaining relationships over the specific terms of the deal. They are willing to make significant concessions, even at the expense of their own interests, in order to keep the peace and foster goodwill. This style is often adopted in scenarios where the relationship is more important than the immediate outcome, such as in ongoing client relationships or team negotiations.

However, an accommodating style can sometimes lead to imbalanced outcomes, where one party consistently gives more than they receive. Over time, this can lead to resentment or a sense of being undervalued.

How to adapt:

• When negotiating with someone who tends to accommodate, ensure that they feel their voice is being heard and encourage them to assert their needs. You can build a stronger relationship by recognising and balancing their concessions.
• If you have an accommodating style, make sure that you’re not sacrificing too much. It’s important to stand up for your interests and to know when to push back to avoid creating long-term imbalances.

How to Develop Your Negotiation Style

Recognising your own negotiation style and understanding the styles of others is just the first step. To become an effective negotiator you must learn to adapt to different situations - a skilled negotiator can switch between styles depending on the context, the stakes and the relationship with the other party.

Consider these strategies for developing your negotiation skills:

Self-awareness

Reflect on your past negotiations. Do you tend to adopt one style more than others? Are there situations where a different approach might have been more effective? By understanding your default tendencies, you can start to adjust and improve.
Tailored preparation - Before any negotiation, prepare thoroughly. Understand the stakes, the interests of the other party and what style is likely to be most effective. Anticipate the other party’s style and how best to respond.

Effective communication

Negotiation is not just about getting what you want, but also about how you communicate. Strong negotiation skills are underpinned by clear, assertive, and respectful communication, helping to build trust and credibility.

Flexibility

Rigidly sticking to one style can limit your success. The best negotiators are flexible, capable of adapting their style based on the situation. If negotiations become tense, a collaborative or compromising approach might defuse the tension. Alternatively, if the other side is being unreasonable, a competitive stance might be necessary to protect your client’s interests.

Mastering Negotiation for Long-Term Success

As Roger Fisher and William Ury explain in Getting to Yes, negotiation should be seen as “a cooperative process, designed to meet the legitimate needs of both parties.” For lawyers, negotiation is more than just a transaction -  it’s a skill that can define your professional relationships and the results you deliver for your clients. By understanding and mastering different negotiation styles, you can approach each negotiation with confidence - knowing how to adapt your approach to suit both the situation and the people involved.
Remember, being a great negotiator isn’t about always ‘winning.’ It’s about achieving the best possible outcome for all parties while maintaining strong, productive relationships. Take the time to reflect on your negotiation experiences, assess your strengths and weaknesses and continue to hone your skills.

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