Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Mums the Word: The Power of Silence in Contract Negotiation

Author: Dan Brecher

Date: August 20, 2014

Key Contacts

Back

When negotiating a key business contract, sometimes what you don’t say can be just as powerful as what you do. In fact, silence is one of the simplest yet most frequently overlooked contract negotiation strategies.

In today’s fast-paced world, we are not accustomed to silence. Too much quietness makes us uncomfortable, particularly when in the company of others. When there is a lull in the conversation, we feel compelled to fill the void even if we don’t necessarily have anything to say.

During contract negotiation, it is possible to use this social awkwardness to your advantage. Remaining silent gives you the opportunity to really digest what the other party said and plan your response. Speaking too quickly can result in hasty decisions.

Keeping quiet for a moment also signals to the other person that you don’t feel compelled to jump on the deal immediately. It also leaves the other person wondering why you have not yet responded. Are you confused, uninterested, stalling, or simply contemplating your decision? Letting the other side “squirm” may give you the upper hand.

Of course, it is important to remain engaged, even if you are not actively speaking. Maintain eye contact and resist the urge to quell the awkwardness by staring at your shoes. If you need to look at something, study your notes or review the proposed contract.

There is an old saying, “He who speaks first loses.”  Silence often compels the other party to reinitiate the conversation. Most people will offer additional information intended to convince you to accept their offer. However, if they want to close the deal badly enough, the other party may even offer more favorable terms without you having to propose them.

If you have any questions about this post or would like to discuss your company’s business contracts, please contact me, Dan Brecher, or the Scarinci Hollenbeck attorney with whom you work. 

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Mums the Word: The Power of Silence in Contract Negotiation

    Author: Dan Brecher

    When negotiating a key business contract, sometimes what you don’t say can be just as powerful as what you do. In fact, silence is one of the simplest yet most frequently overlooked contract negotiation strategies.

    In today’s fast-paced world, we are not accustomed to silence. Too much quietness makes us uncomfortable, particularly when in the company of others. When there is a lull in the conversation, we feel compelled to fill the void even if we don’t necessarily have anything to say.

    During contract negotiation, it is possible to use this social awkwardness to your advantage. Remaining silent gives you the opportunity to really digest what the other party said and plan your response. Speaking too quickly can result in hasty decisions.

    Keeping quiet for a moment also signals to the other person that you don’t feel compelled to jump on the deal immediately. It also leaves the other person wondering why you have not yet responded. Are you confused, uninterested, stalling, or simply contemplating your decision? Letting the other side “squirm” may give you the upper hand.

    Of course, it is important to remain engaged, even if you are not actively speaking. Maintain eye contact and resist the urge to quell the awkwardness by staring at your shoes. If you need to look at something, study your notes or review the proposed contract.

    There is an old saying, “He who speaks first loses.”  Silence often compels the other party to reinitiate the conversation. Most people will offer additional information intended to convince you to accept their offer. However, if they want to close the deal badly enough, the other party may even offer more favorable terms without you having to propose them.

    If you have any questions about this post or would like to discuss your company’s business contracts, please contact me, Dan Brecher, or the Scarinci Hollenbeck attorney with whom you work. 

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: