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Deals Unplugged Don't know when to cut your losses and leave the negotiating table? Look for these telltale signs.

By Marc Diener

Opinions expressed by BIZ Experiences contributors are their own.

There are obvious reasons to break off negotiations: Forexample, the other side's last best offer doesn't cut it,you find a better alternative, or you uncover something seriouslyunsavory about your opponent. Businesspeople favor and understandthese sorts of objective analyses.

There are also subtler, more subjective reasons to pull theplug. If you're the type of negotiator who takes pride inmaking the unworkable work, take special heed of the followingpitfalls to avoid:

Your opponent is just toodifficult. You learn a lot about how smart, decent andaggressive someone is by how he or she negotiates. If you don'tlike what you see and hear when you're bargaining, chances areit'll only get worse once you're in business together.After all, if negotiation is the courtship, then closing is themarriage. You don't have to love, like or even respect everyoneyou deal with-especially if it's a one-shot deal. But if youfind this person an insufferable, time-wasting nuisance at thebargaining table, remember: It's only a preview of comingattractions.

Transactional costs are toohigh. You make what you think is a simple deal. Then the"professionals" get involved . . . and nothing is simpleanymore. There are legions of lawyers, accountants, bankers,brokers, appraisers, consultants and the like who peddle all kindsof services to would-be deal-makers. At their best, they can becritical to your success. They can also bleed your deal dry withcontingencies, complications, fees and commissions if you'renot careful. Choosing wisely when you hire helps. So does getting asecond opinion. Above all, ride herd. If these expenses becomedisproportionate to the size of your deal, you'll end up hatingyourself in the morning.

You need to teach someone alesson. Frankly, I don't see this very often, but Iwish I did. There are certain deal-makers who are a blight on yourbusiness community. You know who they are. The next time they getcute, make yourself understood, if you can. Denying them the dealthey want is exactly the kind of operant conditioning that evenpsychologist B.F. Skinner would applaud. So rejoice: You'redoing a public service.

Your gut tells you to walkaway. I like the following definition of intuition:knowing without knowing why you know. I was once waiting to beinterviewed by a potential employer. As we shook hands for the veryfirst time, I heard this little voice in my head: "You willlearn to hate this man." As I left his office, I had no doubtthat he was twisted. Later, I learned that he was a screamer whohad chewed through 16 assistants in less than a year. Somepotential business associates carry a dark cloud around them. Ifyour gut says get out, listen to it and be grateful. After all,everyone knows things they don't know why they know.


A speaker and attorney in Los Angeles, Marc Diener is the author ofDeal Power.

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