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Transformation of Communication Strategy in Business Negotiations Amid the Pandemic Studies reveal that non-verbal messages,
a-mole, where the moles are unforeseen
increase their effectiveness by intentionally
primarily body language, constitute up to
circumstances and possible end-arounds
interpreting the counterparty’s nonverbal
90 percent of communication. However,
with unstated assumptions and implicit
messages, noticing telling reactions, and
the current pandemic has unequivocally
understandings. The fundamental function
expressly addressing assumptions.
impacted the way negotiators will
of the negotiator involves articulation of
communicate for the foreseeable future by
the rights of the client.2 Limitations on
person negotiation, video conferencing
virtually eliminating in-person meetings,
traditional negotiation interfaces may
provides the most similar environment, as it
while those that still occur require masks
result in unintended consequences in
allows both parties to receive instant verbal
that cover the most expressive parts of
the efforts to articulate those rights. For
and visual information, including, under
participants’ faces. Business counsel must
instance, a common error in international
current circumstances, avoiding the issue of
adapt to this change in order to succeed
negotiations that counsel could avoid
face-mask coverings. By default, the human
in transactional negotiation. After all,
is the “continental trap.” It arises since,
brain and senses interact in a face-to-face
inadequate negotiation could have an
under many international laws, anyone
mode.3 In terms of virtual negotiation,
impact not only on the client, but also on the
may assume legal obligations without the
video conference provides a more natural
public and capital market at large. Counsel
requirement of receiving consideration,
experience, enabling better chances of
that understands the dynamics of virtual
which is a substantial distinction from the
discovering available opportunities, building
negotiations may leverage them in his or her
American general rule that consideration
trust and developing business connections.4
favor to reach better solutions.
is required for an enforceable contract.
Unintentional nonverbal communication
one of the main challenges to overcome
could result in errantly triggering this trap.
during online negotiations.5 However,
Negotiators may minimize the influence of
familiarity between parties encourages
Bivins & Hemenway, P.A.
subtle but meaningful factors in play during
cooperation, and research identifies it as a
the negotiation in order to clearly establish
key element for building understanding, and
1060 Bloomingdale Avenue Valrico, Florida 33596
the intended terms by remaining mindful
subsequently trust, between the parties.6
1
The job of counsel during contract
negotiation is akin to the game of whack-
Among available alternatives to in-
Researchers often identify trust as
of their own nonverbal cues. They may
Tel: 813.643.4900 Victoria N. Clark vclark@bhpalaw.com bhpalaw.com
Primerus Member Since: 2007
Victoria N. Clark is an associate attorney who focuses her practice in business, real estate, and trusts and estates law. Victoria studied business and real estate at Florida State University and the University of Florida Levin College of Law. She further developed experience by working in financial institutions and estate planning practice groups at law firms in Gainesville, Tallahassee, Miami, and Tampa. She was raised in Weston, Florida, by her family from Kiev, Ukraine, and is fluent in Russian.
Learn more at primerus.com Victoria N. Clark
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