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As a full-time mediator for the past decade, I have come to learn that trust is a critical element in any successful negotiation. However, in an adversarial negotiation, trust is a relative thing. You may never come to fully trust your adversary, but that doesn’t mean parties can’t mutually engage in a good faith negotiation process—a simple and honest approach that is often derailed by parties looking to gain an advantage. I have seen many good faith negotiations sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement.
What are those tactics and what can be done to ameliorate the situation?
