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CHANGE... A lot is currently being made of change ... embrace change, love change, don't be an enemy of change, dancing with change, I've got change in my pocket!


Enough with the change ... Let's consider going back to the basics ... at least in the ever changing world of negotiation.

Let's review what we have covered in the last several issues of Words of Mouth.

SPITTING IN YOUR SOUP:

Watch out! Haggling too much, cutting corners, compromising integrity, violating ethical standards ... it never pays. Long term relationships can be destroyed by short term thinking. Words of Mouth Issue No. 3 contains the complete text of this discussion.

SIX STEPS FOR NEGOTIATION PREPARATION:

Getting ready to negotiate is probably more productive than mastering all the slick tricks. While a good working understanding of tactical negotiation is great - the strategic preparation process offers real leverage. Words of Mouth Issue No. 4 will walk you through the step-by-step process.

THE GENDER BLENDERS:

How successful men and women mix-it-up in negotiation. We must not ignore the incredible differences in perspective and perception between men and women. Many well intentioned, well prepared negotiators shoot themselves in the foot by missing these vantage point differences. A review of this phenomenon is discussed in Words of Mouth Issue No. 2.

TACTICS:

The nuts and bolts of give and take. Once a well prepared negotiator uses the creative solutions strategy detailed in my book Negotiate Like The Pros, tactics become important.

The Wince, the Red Herring, the Good-guy/Bad-guy, Limited Authority, Nibbling, and numerous other tactical gambits are illustrated and role-played in our Negotiate Like The Pros audio and video programs.

NEGOTIATE LIKE THE PROS:

Eleven common mistakes inexperienced negotiators make - Sometimes it is important to know what not to do in a negotiating scenario. Amateur mistakes in negotiations are extremely costly. The eleven common mistakes amateur negotiators make and how to avoid these mistakes are detailed in Words of Mouth Issue No. 1.

THE LAST WORD:

We at Negotiate Like The Pros are dedicated to educating business and legal professionals about the most productive strategies and tactics to improve bottom line results.

A Keynote Speech is a wonderful introduction to the strategy and tactics embodied in the Negotiate Like The Pros materials.

More in-depth training comes in one-half day, full day, and two day formats.

Our Negotiate Like The Pros four volume video program comes with facilitator's guide and participant workbooks - This is an especially useful package for in-house training when budgets are tight.

Give us a call at 800-859-0888 (ask for Laura) if you would like to inquire about our keynote speeches, training programs, or audio/video products ... You can even call us if you just want to get a copy of any of the past articles mentioned. It's always a great idea to go back to the basics ... And, you can keep the change.

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Friday, June 01, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
We Negotiate Every Day - Give and take techniques abound all around us. Thrift stores, movies, and mom give us several opportunities to see everyday negotiation action.


Wincing, Limited Authority, False Deadlines

Go to your local thrift store, flea market, or swap meet. Practice your negotiation techniques while buying a cheesy Hawaiian shirt. Here's how it goes ...

 

Merchant: "May I help you sir or madam?"
You: "Why yes, how much is this cheesy Hawaiian shirt?"
Merchant: "Ten dollars."
You: "Ten dollars!" (A wince, followed by silence)
Merchant: "How about eight dollars?"
You: "Eight dollars!" (Another wince) "My mom said I could only spend $5.00 on any cheesy Hawaiian shirt I wanted." (Limited authority)
Merchant: "Five dollars!" (Another wince)
You: "Yes, and we have to leave for home in five minutes." (False deadline)
Merchant: "Well, okay kid, I'll let you have it for five dollars."
You: "Ah, great", you say to yourself, "I really got him."
Merchant: (To himself) "That's the most I've gotten for one of these dogs in months!"

 

Silence In The Movies

Weekend at Bernie's is a great example of silence in negotiation. Although Bernie is dead, nobody seems to notice. While propped up on a sofa at a party, dead Bernie receives an offer to buy his Porsche for $35,000. Bernie is silent. Minutes later he is offered $40,000. Bernie still says nothing. Then he is offered $45,000. More silence. Even when the offer tops $55,000, Bernie still says nothing. If we acted more like Bernie, we'd put a lot more life in our negotiations.

In Glengarry Glen Ross, there is a scene where Al Pacino loses a sale because Kevin Spacey volunteers information in front of Pacino's client without knowing the details of the negotiations. Pacino later tells Spacey, "You never open your mouth until you know what the shot is." Larry Winget, a Tulsa, Oklahoma based motivational speaker, says that you never volunteer unsolicited information because it's often used in objections later on.

Mom Knows Best (Pressure Technique)

Have you ever had a pushy person try to pressure you into a quick decision on an important matter? Yielding to this kind of pressure (which is really just another false deadline) can be disastrous.

Our moms knew this when we were kids. Remember when we would relentlessly badger our moms for a quick answer to a seemingly monumental problem? Mom would say, "If I have to answer you now the answer has to be no. But, if you give me some time to think about it, the answer might be yes."

Smart kids are usually willing to let up a little bit in return for the potential of a positive outcome.

This technique works great with pushy adults ... bosses, employees, spouses, etc. Try it. Mom knows best.

Keep your eyes open ... every day we are exposed to and impacted by negotiation techniques all around us.

The wise negotiator is a keen observer and an aggressive adapter of effective techniques occurring in his or her presence.

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Friday, June 01, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
"If I do that for you ... what will you do for me?" That's a trade-off ... and it's a very useful tactical tool to add to your negotiation skills repertoire.


The trade-off is probably the most above-board negotiating tactic in the whole bag of tricks people carry with them into the bargaining arena. The trade-off is simply swapping concessions at the bargaining table until everyone agrees with the terms.

Here's when you might use the trade-off:

  • Your teenager asks for "extra" money for an upcoming school event.
  • Your employee asks for an additional 1/2-day off on Friday preceding a vacation.
  • Your customer uses the "Oh! By the way" nibbling technique at the end of negotiations to get you to pay delivery charges. You say "If I do that for you ... what will you do for me?"


Here's what you might get:

  • A commitment from your teenager to feed the dogs and clean up her/his room.
  • Some help from your employee in the upcoming year-end inventory.
  • An additional order from your customer in return for paying the delivery charges.

Here's the simple rule: Never make a concession without getting one in return.

Try using the trade-off the next time you are asked for a concession ... it works!!

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Friday, June 01, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
"Take it or leave it", "Let's just split it down the middle", and The Wince ... These are "The Big Three".


"Take it or leave it", "Let's just split it down the middle", and The Wince ... These are "The Big Three".

Most people learn what they know about the vital subject of negotiation by accident. We learn on the playgrounds of our childhood. We learn at school. We learn at home. We learn early in our careers when somebody really takes advantage of us.

Everyone encounters "The Big Three". Everyone knows how to use "The Big Three". Once you read this article you will know how to respond to "The Big Three".

"Take It Or Leave It"

We've all heard it. We've all used it.

What will you do the next time "Take it or leave it" is thrown at you?

Try silence first. Silence is one of the most powerful moves you can make in the game. The first person that speaks after "Take it or leave it" usually makes a concession. Try it and see.

"Why do you say that?" is another great response. Sometimes your counterpart will actually tell you why they just said "take it or leave it". Time constraints, frustration, lack of authority, may be what they really mean. All of these objections and many others can be neutralized once on the table. Just ask, "Why do you say that?"

"Let's Just Split It Down The Middle"

What do we immediately know when someone makes this offer to us? We know they are willing to make a concession if they can gain one in return.

But does your return concession have to be equal! Almost never! When someone asks to "Split it down the middle" say this ... "I can't justify an even split ... but split it once more and we have a deal." It works almost every time.

The Wince

Everybody knows this one ... "Oh my God!" ... "Your prices are outrageous" ... "We never thought we would have to pay that much" ... "$250,000?" ... "Be home by 10:00 PM?" These are winces.

Your make an offer ... positional in nature ... for money, for time, for anything measurable ... and your counterpart winces! What do you do?

Silence - The first person to speak loses. Repeat - Restate your position in a non-belligerent fashion. Joke - Act like your counterpart thought the position was great instead of unacceptable. Escalate - Make your position more extreme. Feel-Felt-Found - Commiserate, generalize, then explain and distinguish.

There are more ...

In my book, Negotiate like the Pros I discuss in great detail "The Big Three" along with eleven other powerful negotiating tactics. Ask for it at your bookstore or call my office (800) 859-0888, and we will rush you your own autographed copy.

Powerful negotiating skills are more important today than ever. Master your responses to "The Big Three"; learn about other tactics, and practice- practice- practice. Then you will be able to Negotiate like the Pros™.

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
Negotiating isn't easy, no matter what your style. Negotiating to get what you want takes brains and backbone, regardless of whether you're gunning for your negotiating counterparts, or focusing on designing equitable solutions. You have to think through what you want and the most effective way to get it. And you have to have the moxie to follow through with your plans.


Sometimes just asking for something takes nerve. After all, some of us were taught as children not to ask for anything; instead, we were to wait until it was offered. That courtesy may have won you points with your second-grade teacher, but it'll kill you in the real world. We usually have to go after what we want. And to get what we want, we have to be shrewd negotiators, even when we try to maintain high ethical standards.

As a matter of fact, negotiating on a mature, adult-to-adult basis is even more demanding than slipping around and trying to manipulate or trick the people you're negotiating with.

First of all, being open and honest takes guts. It takes nerve basically to say to the people you're negotiating with, "I want to play fair. How about you?" or "This is what I want. How about you, and how can we both get what we want?" You're challenging them to meet you on your level, and you're asking them to focus on more than their individual needs. You can get some strange reactions because people aren't used to an open approach to negotiating. Some people don't want to negotiate that way, which brings me to a second reason ethical negotiations can be so challenging. Making sure that you don't get manipulated by someone who is not so honest takes savvy.

How to Avoid Being Manipulated

A difference in standards can cause serious problems when negotiating. Just because you follow all the principles I outline through Negotiate Like the Pros, that doesn't guarantee that everyone you negotiate with will be as mature and fair-minded as you are. (I know that once you've learned all my negotiating secrets, you're going to be mature and fair-minded, right?) You have to be prepared to run into less-than-honest bargainers, people who have their eye on the prize and have no qualms about running over you to get it.

These people have no interests in forging mutually beneficial agreements. They are only interested in what's good for them, and they don't mind abusing others to get it. They are the hard-ballers. They want to play rough. They don't care if there's such a thing as principled negotiating. They think they can get more by bullying the people they negotiate with. They believe they're stronger than their opponents and think they can walk away with the spoils if they go for the jugular vein.

Don't misunderstand me. Not every person you meet at the negotiating table is going to be an unscrupulous rogue. Some people don't share your high standards for negotiating because they don't know any better. Before reading this book, what were your attitudes toward negotiating? Did you see it as a "me-against-my-opponent" proposition? Did you feel like the only way you could win was for someone else to lose? Some people don't realize there's a better, easier way to negotiate.

I have a system for negotiating that can handle any of the problems that inevitably crop up when I'm with people from either group.

Defense Tactic 1: Maintain your standards.

If a person approaches negotiations aggressively out of ignorance, I can eventually win him or her over to my style. Most people don't want to be enemies. They just don't want to get ripped off. If you can demonstrate to them that you're interested in a fair deal, they will usually drop the aggressiveness routine and start to work with you.

Defense Tactic 2: Protect yourself by not fighting back directly.

When you meet with the people who don't want to play fair, you can protect yourself - and you don't have to resort to trickery or manipulation to do it.

If you think about it, most sharks are propelled by three basic drives - greed, self-centeredness, and an exaggerated ego. And any of those three drives makes them extremely vulnerable to a smart negotiator.

Roger Fisher and William Ury call this approach "negotiation jujitsu" in their book Getting to Yes. Jujitsu is a form of martial arts that focuses on deflecting attacks rather than engaging the enemy. If someone is running toward you aggressively, you don't stand your ground and hit back when they run into you. You step to the side and let them run past.

Defense Tactic 3. Call in a third-party arbitrator.

Rarely in my experience as a lawyer and a businessman have I ever had to call in a third-party arbitrator because the people I was negotiating with insisted on using less-than-honorable techniques. It almost never reaches this point. But probably most of us have been involved in situations where we needed someone who was completely impartial and had no links to anyone in the negotiations to help guide the negotiating process.

The benefit of bringing in a third party is that they can shift the negotiations from positional bargaining to bargaining based on interests. A third party can look at all sides objectively and weave together a plan that takes into account everyone's interests.

Defense Tactic 4. Bail out.

When all else fails - you can't persuade the other party or parties to negotiate honestly and openly, and a mediator doesn't work - abandon the negotiations, at least for a while.

Maybe a deal just wasn't meant to be. Sometimes you get a gut feeling telling you to get out of a certain negotiating situation. Go with it. Remember, you will be negotiating from a much stronger position if you are willing to walk away from the bargaining table. Maybe both parties need more time to think about what they want and what they are willing to give for it.

In Conclusion

Negotiating is a complex process, even under the best of circumstances. Every person involved in a negotiation brings to the event a different background, culture, perceptions, values, and standards. Breaking through these differences can seem impossible, yet it is crucial to creating a mutually beneficial agreement. Maintain your standards throughout negotiations.

If you can't win cooperation, chances are you will gain nothing from the negotiations. When you encounter people who aren't negotiating ethically, try to bring them up to your level. If the other party doesn't respond to your attempts to do so, be willing to walk away. You won't have lost anything.

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
Any human activity that involves two or more persons usually requires some degree of negotiation.


Does This Sound Familiar?

Elaine, an office employee, walks up to the secretary's desk on Monday morning and says, "Barbara, do we have any refill cartridges for the computer printer?"

Barbara says, "Did you look in the supply closet?"

Elaine answers, "I didn't see any, it would probably be a good idea to order a couple. We have several projects that will be wrapped up in the next week or so, and I don't think the cartridge we're using now will hold up."

Barbara responds, "To tell you the truth, Elaine, I don't see how I'm going to have time in the next couple of days to take care of that. The boss just gave me a week's worth of dictation he needs typed up and mailed out by tomorrow afternoon, plus all the end-of-quarter reports are due by Friday. Do we really need a refill in the next couple of day?"

Elaine says, "Yes, we do, or we stand a chance of missing some important deadlines. Will it help any if I find the refill number for you so you don't have to take the time to look it up?"

"That'll make it a whole lot easier," Barbara responds. "Just put the number on my desk next to the phone, and I'll place the order either this afternoon or first thing tomorrow morning. Will that be soon enough?"

Elaine says, "Sure," and goes to get the cartridge number.

What's Negotiation?

Asking for help at work, coordinating chores at home, discussing give-and-take arrangements on the job: most of us, deal with these kinds of situations several times a week. In fact, it's about as easy to avoid negotiating as it is to avoid breathing. Unfortunately, negotiating effectively, unlike breathing, is not an automatic reflex for most of us.

Even though we spend a great deal of our time negotiating for things we want, most of us are not natural-born negotiators. We may be afraid to ask for what we want, so we go without; or, we ask for too little. Sometimes we demand too much. Basically, a lot of people just don't know how to get what they want without being SOB's.

You Can Learn to Negotiate Effectively

If you understand the process, exactly what it means to negotiate effectively, you can improve your performance at the bargaining table immensely. If you are committed to getting what you want in life, you can become an expert negotiator by mastering the basic strategies and tactics that work in all kinds of negotiations, from convincing your spouse to help with the housework, to hammering out an acceptable compensation package with your boss, to buying a house, to just about anything.

As a trial lawyer, I've handled everything from simple wills to death-penalty murder cases. As a consultant who provides training and development programs for businesses and legal professionals, I spend many hours working out the details of consulting packages and fees with my clients. In other words, the bargaining table is a second home to me. And I can tell you that although every case is a unique negotiating opportunity, most of the strategies and tactics I share in Negotiate like the Pros™ can be modified to suit any occasion.

Is Negotiate like the Pros for You?

Have you ever walked away from negotiations shaking your head and saying to yourself, "Boy, is she a shrewd negotiator. I just gave up everything but my first-born child"?

Have you ever felt like you could have negotiated a better deal if only you had known what you were getting into?

Have you ever wished you were the kind of person who would "drive a hard bargain"?

If you answered "yes" to any of those questions, this book is for you. Most people don't consider themselves "negotiators." They believe negotiating is reserved for the big-league players in business and politics. Well, wipe that misconception out of your mind. That myth is just one of many that this book blows out of the water. Negotiating is unavoidable if you ever have contact with other people. And it can be a fun and rewarding experience - if you know what you're doing.

Read Negotiate like the Pros™, and you'll know what you're doing. This book, which is based on years of experience and the study of many expert negotiators, is a comprehensive guide to effective negotiation. In it, you will discover the pragmatic strategies and tactics that translate into power at the bargaining table. You will also learn about the dynamics of the negotiating process, which will help you build on your strengths as a negotiator.

By the time you finish reading Negotiate like the Pros™, you will have the power to get what you ask for. If you would like to get a copy of John Patrick Dolan's Negotiate like the Pros, go to your local bookstore or call LawTalk at 800-859-0888. $12.00 US plus $3.00 shipping and handling. $17.00 Canadian plus $3.00 shipping and handling.

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
You can never get a First Class upgrade from a frequent flyer mileage ticket ... or can you?


Book Upgrade Story

My wife, Irene and I dreaded a trip in coach.

We had obtained two frequent flyer program tickets on American Airlines departing from Orange County heading to Dallas, Texas.

While riding in Coach is not as difficult as traveling in the rowing section of a slave galley ... it's close.

What to do?

The Platinum desk repeated the policy to me over the phone.

The counter personnel laughed at my request.

The gate personnel rolled their eyes.

My last chance was the flight attendant.

Handing my book Negotiate like the Pros™ to the flight attendant with the inscription, "Thank you for the complimentary First Class upgrade you are about to give my wife and me!" I held my breath.

"Ha-ha!" she said. "Sorry but you know I can't."

"That's okay," I replied, "it never hurts to give it one more try!"

Then, right before the aircraft pushed back, the flight attendant waved at me and gestured "come forward" with her finger.

First Class to Dallas! And they said it couldn't be done!!!!

The glamour of travel wears thin for many seasoned veterans.

Shortcuts, time and money, savings techniques are a big part of the road warrior's survival.

Deals with air carriers, hotels, ground transportation providers, and restaurants are plentiful and fun to make.

Air Travel

Pick one or more:

  1. Flying is fun.
  2. Flying is awful.
  3. Flying is boring.
  4. Flying is a necessary evil.
  5. Flying is nerve wracking.
  6. All of the above.
  7. None of the above.

Frequent Flyers

Frequent flyer programs can help smooth the way for the frequent traveler. American Airlines, United Airlines, Northwest Air, TWA, Continental and a number of other carriers allow for bonus travel and benefits for frequent flyers. Belonging to one or more of these programs is essential to the experienced traveler. And, many of the major domestic American carriers are members of World Wide Alliances. American Airlines is allied with British Airways, Qantas, Cathay Pacific, Singapore, South African, and others. United and others have similar relationships with other major carriers.

The best part of these programs is that they are all free and available to any frequent flyer.

Upgrades, special seating, advanced boarding privileges, and airport club memberships are all negotiable with one of these frequent flyer programs.


Hotels

Sheraton International (soon to be Starwood), Hilton, Marriott, and other major hotel chains have frequent traveler programs too.

Upgrades to suites, concierge or club levels, free nights, and travel benefits can all be negotiated with the assistance of these programs.

These programs are also almost universally free of charge to the frequent traveler.

Restaurants

Tip on the way in. You have a better chance for good service.

Ask the maitre d' for his or her suggestions. In fact, ask them to order your meal. You'll get the chef's best that evening and you'll make a friend for the future.

Never send your food back ... If you do they will spit in your soup!

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007  |  Permalink  |  Comments (0)
Screaming, yelling, ranting, raving, cursing, throwing items across the table, hanging up the phone in your ear ... Many of us have difficulty with negotiators who do these things.


Outrageous Behavior

These outrageous behaviors can shake us up, intimidate, scare, or upset us.

Why? The most common explanation is that our fight-flight response is evoked. Fighting rarely gets us moving toward a meaningful agreement. Fright can cause us to make compromises or give concessions we would otherwise never entertain.

Why Do They Do It?

Why do some negotiators rely on outrageous behavior to get their way? Because they can ... or because they have in the past.

But, we don't have to allow this behavior to cause us to give in.

Feigned Emotion

Some negotiators act as if they are emotionally upset when they really are not.

Usually, this negotiator is the sophisticated, high level, manipulator who is looking for an advantage. His intention is calculated. The results sought are pre-planned.

Tantrum Behavior

The overwhelming majority of screamers are just stuck in a tantrum behavior pattern. As a child, they threw tantrums and got what they wanted. As an adolescent, they pressed the bounds of behavior. As an adult, they just act like big babies who must have what they want!

What Can We Do?

Whether the outrageous behavior is fake or real, we can deal with it without making serious compromises.

Silence is first. Not engaging a screamer ... letting the screamer go uninterrupted works many times. Some negotiators simply want to be heard. Genuinely upset, some negotiators become quite compliant after they have vented. In fact, sometimes the boomerang effect can set in ... that is, a screamer after venting will accept whatever is offered, and may even give more than expected.

Avoid Taunts. Many times we fall into taunting behavior as a defense, "Are you finished?" ... "Yell a little louder!" ... "Who do you think you are talking to?" These responses do not help. We must avoid these taunts, secure in the knowledge that our objective of a negotiated agreement is primary. Mirror Behavior. This probably sounds contradictory (and probably is) but sometimes shouting back can be the answer. This technique has limited utility but when effective is best used as an out of character response. People who almost never yell can use mirroring effectively on really important issues.

Feel, Felt, Found. The feel, felt, found technique works well with outrageous behavior because at its core, this technique seems to validate the unaccepted behavior ... and then provides enlightenment. Feel ... "I understand how you feel." This is the validation or commiseration phase. Felt ... "Many people in your position would have felt the same way." This is the generalization phase. Your irate counterpart is in league with many other (ill-informed) people. Found. "But understanding ... (Point A, B, C) ... most people have found our position is quite reasonable." The A, B, and C are the features, benefits, and additional appeals that support our position.

Positive Outrageous Behavior. Give them a reason to laugh. Goofy behavior, funny statements, and strange responses that cause laughter can many times disarm the worst tantrum behavior pattern.

Good luck dealing with difficult negotiators ... we all need it!

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007 Filed underCategories:in  Sales Negotiation  |  Permalink  |  Comments (0)
Friends and colleagues ask me all the time, "John, what kinds of things should I include in my written contract for a car? For a new home purchase? In a business transaction?"


Friends and colleagues ask me all the time, "John, what kinds of things should I include in my written contract for a car? For a new home purchase? In a business transaction?"

I have always found it helpful to use a checklist as a reminder of potential issues that should be considered.

Here are some of the things on my checklist that may be useful to you. The entire checklist can be found in the book, "How to Build a More Lucrative Law Practice" by Noel Stevenson.


Definitions: Define any terms used in the contract which are open to interpretation, but remember that definitions are dangerous.


Parties: Names and addresses of parties. Avoid using "party of the first part", "party of the second part". Instead, identify parties by "Smith" and "Jones", "buyer" and "seller" or "Lessor" and "Lessee", "Exclusive Agent".


Legal Status: Ascertain the marital or legal status of the parties.


Date of Execution: The date of the contract. It is advisable to avoid the use of an "as of" date, as it indicates that the contract was not signed on that date.


Effective Date: The effective date of the contract.


Arbitration: Provision for arbitration disputes.


Age and Competence: Are the parties competent to contract? It isn¹t advisable to rely on appearances, sometimes an eighteen year old looks and acts over twenty-one. As for mental competency, usually all one can do is observe and hope for the best.


Jurisdiction: Consider including a recital of the law of what jurisdiction should apply to the contract.


Time is of the Essence: Is it advisable to provide that time is of the essence of the contract?


Performance Duties: Include in specific terms what performance each of the parties is liable for and the time when each obligation is to be performed.


Future Changes to the Law: Make provisions for any future change of the law or administrative regulations which would affect the parties.


Performance/Reason for Delays in: Make provisions for strikes, acts of war, acts of God, or any other catastrophes which prevent or delay performances of one of the parties.


Consideration: What is the consideration of the contract?


Modification: Provide that any modification of contract must be in writing.


Payment of Money: State the time and place of payment of any money.


Damages/Default: Provide for damages, if any should be paid, in case of the default of a party.


Cancellation/Provision for: If any party to the contract has a right to cancel the contract, include provision for such cancellation.


Paragraph Headings: Consider including paragraph headings such as "Insurance", "Notices", "Covenant Not to Compete". If these paragraph headings are included, provide in the contract that these subject headings are for the sake of convenience and are not a part of the contract.


Conclusion

Good luck with your agreements. Remember the most important thing in writing an agreement is that it should be designed to provide for real or potential ambiguities and difficulties - not for litigation. Unless your contract concerns high six-figure agreements, you should stay away from lawyers and litigation - it¹s too expensive - trust me! Remember, every one of these issues is negotiable. Use this checklist and you will be able to Negotiate like the Pros™.

John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007  |  Permalink  |  Comments (0)
We all know the golden rule ... Do unto others as you would have them do unto you.


The Platinum Rule

Dr. Tony Alessandra in his new book, The Platinum Rule (1996 Warner Books) says there is a better way ... Do unto others as they want to be done unto".

How does this relate to negotiation? Quite simply we negotiate with people or groups of people. As the personality styles of our counterparts vary, so must we vary our approaches to different people. We can review the wonderful information in Dr. Alessandra¹s book and then make some decisions as to our particular approach with particular personalities.

Different people observe, interpret, and act on information differently.

Here is a short summary of the four styles that Dr. Alessandra discusses in his book:

  • Directors ‹ Football coaches, drill sergeants, dictators. Directors are challenge oriented take-charge decision makers. Achievement and success are defined by overcoming obstacles and realizing accomplishments.
  • Socializer ‹ Are "people" people. PR directors, sales people, actors and speakers. Appreciation and recognition are what the socializer seeks. Time spent schmoozing is time well spent.
  • Relaters ‹ Friendly and reliable. Relaters are team players who exercise extreme patience in difficult times and work for the long term gain.
  • Thinkers ‹ Serious, analytical people with long term goals. They ponder choices until they have all the information and analysis to make a proper, well thought out decision.

How each style tends to operate and how to negotiate with each is critical to the overall success in our negotiations.

Directors like to take action ... to accept challenges ... to achieve and accomplish ... fear being "soft". The best way to negotiate with a director is to offer him or her a selection of several potential alternatives and a deadline. Let them choose. They will feel "in charge" and if you're careful in designing the potential alternatives you will get what you want.

The Socializer wants to "shoot the breeze" ... have fun ... make a favorable impression ... speak with an articulate style. They fear being disliked. They want you to be their friend ... ask them about themselves ... appreciate their wit. If they like you and believe you like them they will do business with you and make you a great deal.

Relaters want tranquility and stability... They desire a stable work environment... They like to sit or stay in one place. They want predictability and reliability in any important transaction. They do not like surprises, changes, or modifications without advance notice. To successfully negotiate with the relater we need to emphasize our trustworthiness and the predictable, reliable nature of the transaction. Following the step by step process to predictable reliable results works the best here.

Thinkers are fact-oriented and take pride on being meticulous. They want to know how things work and want time to analyze and organize tasks. Their work is high quality, although sometimes they take longer than we would like for them to take. They can be perceived as over critical and sometimes insensitive. Their biggest fear is being wrong. They would rather not make a decision than to make a poor or incorrect (irrational) decision.

Negotiating is a person to person process.

Have fun the next time you negotiate by observing carefully the personality style cues exhibited by your counterpart(s).

Being sensitive to personality orientation can really increase our successes, reduce friction, and lead us to better agreements.

Try it ... You'll be negotiating with style!


John Patrick Dolan, Attorney at Law, Certified Specialist Criminal Law, CSP, CPAE is a recognized expert in the field of negotiation. He travels throughout the world presenting lively keynote speeches and in-depth training programs for business and legal professionals. Call 1-888-830-2620 for more information.


Thursday, May 31, 2007  |  Permalink  |  Comments (0)
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