🛠️ Deal Maker or Deal Breaker: How to Choose the Right Negotiator

by Pierfrancesco C. Fasano

Introduction

In negotiation and mediation, outcomes are rarely determined by rules alone. They are shaped by the people who sit at the table and, above all, by the quality of negotiation leadership. The negotiator you rely on can either expand the space for agreement or narrow it until stalemate becomes inevitable. Choosing the right negotiator is therefore a strategic decision: it requires aligning skills, mindset, and method with the nature of the dispute, the interests at stake, and the dynamics of the process.

Begin with purpose: designing outcomes, not rehearsing positions

An effective negotiator starts from objectives, not arguments. The first task is to clarify what truly matters, what can be exchanged, and what cannot be compromised. This means distinguishing interests from positions, identifying alternatives if no agreement is reached, and designing settlement scenarios that are realistic and implementable. A negotiator who focuses exclusively on proving who is right may overlook the more important question: what agreement would actually solve the problem?

Process literacy: understanding negotiation and mediation as systems

Negotiation and mediation are structured processes, not informal conversations. A skilled negotiator understands timing, sequencing, and the strategic use of joint discussions and private sessions. They know when transparency builds trust and when discretion preserves leverage. In mediation, they work with the mediator’s role rather than against it, using the process to test options, manage expectations, and keep momentum towards closure.

Judgement under uncertainty: managing risk, not amplifying conflict

Negotiations unfold under pressure, with incomplete information and strong emotions. The right negotiator is valued for sound judgement: the ability to assess risk, explain trade-offs clearly, and avoid escalation traps. Rather than inflaming tensions, they help parties make informed decisions by translating uncertainty into choices. This risk-management function is often what separates a deal maker from a deal breaker.

Communication and credibility: influence without posturing

Credibility is a negotiator’s most valuable currency. Effective negotiators communicate with precision and restraint, avoiding exaggeration or unnecessary confrontation. They frame proposals in ways that allow all parties to move forward without losing face. Persuasion in mediation is rarely about winning arguments; it is about creating narratives that make agreement acceptable, defensible, and sustainable.

From agreement to execution: ensuring the deal works in practice

The success of a negotiation is measured not at the moment of consensus, but in implementation. A competent negotiator anticipates practical issues—timing, compliance, follow-up mechanisms, and safeguards against future disputes. They ensure that what is agreed in principle can be translated into clear, operational commitments. Poorly structured agreements often lead to renewed conflict; well-designed ones prevent it.

Conclusion

Negotiation and mediation are not battlegrounds but decision-making environments. The right negotiator brings structure, judgement, and credibility to the process, increasing the likelihood of an outcome that is both acceptable and durable. Choosing wisely means prioritising those who can manage complexity, reduce risk, and guide parties towards solutions they can realistically implement. In this sense, the negotiator is not merely a representative at the table, but an architect of agreement.

Recommended Reading

• Joshua N. Weiss, Getting Back to the Table: 5 Steps to Reviving Stalled Negotiations, 11 February 2025, Berrett-Koehler Publishers.

• Iris Bohnet & Siri Chilazi, Make Work Fair: Data-Driven Design for Real Results, 28 January 2025, Harper Business.

• Max H. Bazerman, Negotiation: The Game Has Changed, 14 January 2025, Princeton University Press.

• Andrew Goodman, Advanced Mediation Advocacy: From Contest to Collaboration, June 2024, Mediation Publishing.

• Alexis Johnson, Negotiating While Black: Be Who You Are to Get What You Want, 4 June 2024, G.P. Putnam’s Sons.