Master the language of caution (Hedging) to protect the client’s legal position and avoid unintended absolute commitments.
Use emphatic structures (Cleft Sentences) to highlight non-negotiable points and strategic priorities with absolute clarity.
Perform complex negotiations by modulating assertiveness and diplomacy through grammatical precision.
Mitigate procedural risks by using probability verbs and adverbs in proposals and counter-offers.
A. Advanced Hedging (Cautionary Language)
The objective is to soften statements to avoid sounding dogmatic or to prevent premature legal liabilities.
Introductory Verbs: Use of it seems that, we would suggest / Is there any chance we could to soften the negotiations.
Modal Verbs for Softening: Employment of could, might, or would to propose scenarios (e.g., “This could potentially be seen as a breach”).
Adverbs of Frequency and Degree: Use of somewhat, arguably, to some extent (e.g., “Our client is somewhat flexible regarding the payment schedule”).
B. Cleft Sentences (Focus Structures)
Used to redirect the counterpart’s attention toward what truly matters at the negotiation table.
It-Clefts: To highlight the subject or the condition (e.g., “It is the liability clause that we find most concerning”).
Wh-Clefts: To emphasize needs or goals (e.g., “What my client requires is a full indemnity”).
The thing/place/reason… is: To clarify positions (e.g., “The reason we cannot concede on this point is due to regulatory compliance”).
Hedging Phrases
With respect to / considering
To a certain degree / to some extent
Our understanding is that
Emphasis Phrases (Cleft Sentence Starters)
What is non-negotiable is…
The main concern is…
What we are proposing is…
The primary objective is…