Performance Restraint

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Identification

This may happen at the end of a deal when one party is dissatisfied with the outcome. They may have agreed to a deal they hate or on which they know they can’t or won’t follow through, or they may be bitter over how the negotiation was conducted.

Example

This tactic becomes evident when the party feeling dissatisfied will perform at less than what was agreed upon because negotiation was so difficult or unsatisfactory. Their performance may not sink to level of breach, but their actions indicate an unhappy relationship and do not bode well for the durability of the deal.

Solution

Document the failings with facts and escalate the issue into a decision maker or management decision, or even a dispute resolution process —generally a break will occur. Avoid this situation entirely by enfranchising parties during the negotiation process, referring to “the deal to which they contributed.”

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