Negotiation- A Trial Lawyer's Negotiation Secrets!
Transcript
- 1. “LET US NEVER NEGOTIATE OUT OF FEAR. BUT LET US NEVER FEAR TO NEGOTIATE.” JOHN F. KENNEDY
- 2. NEGOTIATION LEARN HOW TO NEGOTIATE AND CLOSE DEALS JUST LIKE THE BEST TRIAL LAWYERS IN THE WORLD. - MITCH JACKSON, ESQ.
- 3. NEGOTIATION NEGOTIATION IS A CONTINUING PROBLEM SOLVING PROCESS. IT’S GETTING PEOPLE WITH BOTH COMMON AND CONFLICTING INTEREST TO COME TOGETHER TO ARRANGE OR ADJUST THEIR FUTURE RELATIONSHIP BY MAKING A JOINT DECISION.
- 4. NEGOTIATION GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL EXCHANGES AND AGREEMENTS TO BE MADE THAT GIVE ADDED VALUE TO RELATIONSHIPS OR A PARTICULAR SITUATION.
- 5. NEGOTIATION GEORGE BERNARD SHAW ONCE FAMOUSLY WROTE, “THE PROBLEM WITH COMMUNICATION IS THE ILLUSION THAT IT HAS OCCURRED.”
- 6. NEGOTIATION TO BE AN EFFECTIVE NEGOTIATOR, YOU MUST DEVELOP AND USE PEOPLE SKILLS. I SAY THIS BECAUSE EFFECTIVE NEGOTIATION INVOLVES 20% TECHNICAL SKILLS AND 80% PEOPLE SKILLS.
- 7. NEGOTIATION GOOD NEGOTIATORS LEARN HOW TO BUILD RAPPORT AND TRUST SO THEY ARE ABLE TO CONNECT WITH OTHERS.
- 8. NEGOTIATION UNDERSTAND THAT THE OTHER PERSON DOES NOT REALLY CARE HOW THE OUTCOME OF THE NEGOTIATION AFFECTS YOU. THE OTHER PERSON ONLY CARES ABOUT HOW IT AFFECTS HIM OR HER.
- 9. NEGOTIATION APPRECIATING THIS CRITICALLY IMPORTANT FACT WILL PUT YOU LIGHT YEARS AHEAD OF EVERYONE ELSE IN THE NEGOTIATION PROCESS.
- 10. NEGOTIATION BE KIND TO PEOPLE AND HARD ON ISSUES. SEPARATE PEOPLE FROM THE PROBLEMS AND SOLUTIONS.
- 11. NEGOTIATION DEMEANOR CAN GET YOU MORE THAN SUBSTANCE.
- 12. NEGOTIATION NEGOTIATE WITH INTEGRITY. YOUR CAREER WILL DEPEND ON IT.
- 13. NEGOTIATION DON’T BURN BRIDGES. THIS IS ESPECIALLY TRUE IF THERE IS A CHANCE YOU’LL BE NEGOTIATING WITH THIS SAME PERSON OR COMPANY AGAIN IN THE FUTURE.
- 14. NEGOTIATION BEFORE STARTING, KNOW… •YOUR ULTIMATE GOAL •WHAT YOU CAN WAIVE OR MODIFY •WHAT YOU CAN GIVE AWAY WITHOUT ANY ISSUES.
- 15. NEGOTIATION BEFORE STARTING… •CRAFT A SIMPLE STATEMENT YOU CAN USE TO EXPLAIN THE GOAL OF THE NEGOTIATIONS. SOMETHING YOU CAN USE OVER AND OVER DURING THE NEGOTIATIONS TO REFOCUS THE PLAYERS.
- 16. NEGOTIATION SOMETHING LIKE, “MY CLIENT IS INTERESTED IN BUYING THE HOUSE AND YOUR CLIENTS ARE INTERESTED IN SELLING THE HOUSE. WHAT CAN WE DO TO GET THIS DEAL DONE?”
- 17. NEGOTIATION START YOUR NEGOTIATION WITH A POINT ON WHICH YOU BOTH AGREE.
- 18. NEGOTIATION AGREE ON… •THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL NEGOTIATION (BOTH WANT A RESOLUTION) AND •THINGS OR ISSUES YOU EACH HAVE IN COMMON.
- 19. NEGOTIATION GET INVOLVED- TAKE YOUR TIME AND TAKE NOTES. THE OTHER SIDE WILL APPRECIATE YOU TAKING THE TIME TO WRITE THINGS DOWN (EVEN IF YOU REALLY DON’T NEED TO).
- 20. NEGOTIATION TREAT NEGOTIATIONS LIKE A GAME. COME ACROSS AS CARING ABOUT THE OUTCOME, BUT NOT THAT MUCH.
- 21. NEGOTIATION CONTROL YOUR EMOTIONS AND APPRECIATE WHAT THE OTHER PERSON IS PROBABLY GOING THROUGH. “EMOTIONS ARE IMPORTANT FOR THE JOURNEY… BUT I DON’T LET THEM DRIVE THE CAR!” - DONDI SCUMACI
- 22. NEGOTIATION DEFLECT, REFLECT AND THEN SELECT. BEFORE RESPONDING, LEARN HOW TO TAKE TIME AND LET SOMETHING BOUNCE OFF YOU, REFLECT AND THINK ABOUT IT, AND THEN SELECT YOUR RESPONSE.
- 23. NEGOTIATION TAP INTO THE OTHER PERSON’S BELIEF SYSTEM. IN ALL NEGOTIATIONS THERE ARE GENERALLY THREE TRUTHS: YOUR TRUTH, THE OTHER PERSON’S TRUTH, AND THE ACTUAL TRUTH.
- 24. NEGOTIATION LISTEN 70% OF THE TIME AND TALK 30% OF THE TIME.
- 25. NEGOTIATION ACKNOWLEDGE THE OTHER PERSON’S EGO.
- 26. NEGOTIATION SET THE PROPER FRAME. SMILE AND MAKE A GOOD FIRST IMPRESSION. BE HONEST AND REAL.
- 27. NEGOTIATION COMMUNICATE WITH TACT AND EMPATHY. “TACT IS THE ABILITY TO TELL A MAN HE HAS AN OPEN MIND WHEN HE HAS A HOLE IN HIS HEAD” - ANONYMOUS
- 28. NEGOTIATION KEEP THE OTHER SIDE TALKING. ASK OPEN- ENDED QUESTIONS. “WHAT DO YOU MEAN BY THAT?”
- 29. NEGOTIATION TWO OF THE BEST NEGOTIATORS I’VE EVER SEEN ARE DOGS AND BABIES. THINK ABOUT THIS FOR A MOMENT.
- 30. NEGOTIATION UNDERSTAND YOUR STRENGTHS AND WEAKNESSES AND ALSO THE OTHER SIDE’S STRENGTHS AND WEAKNESSES.
- 31. NEGOTIATION PERCEPTION IS EVERYTHING WHEN NEGOTIATING.
- 32. NEGOTIATION SHARE YOU POSITION VIA STORY TELLING. REMEMBER, FACTS TELL BUT STORIES SELL.
- 33. NEGOTIATION USE PICTURES, GRAPHICS AND VIDEOS TO MAKE YOUR POINT.
- 34. NEGOTIATION DON’T FALL IN TO THE TRAP OF THE EITHER/OR DICHOTOMY. IT’S NEVER ONLY A OR B. THERE’S ALWAYS C, D AND E.
- 35. NEGOTIATION DRESS AND GROOM YOURSELF APPROPRIATELY. BE ON TIME, PREPARED AND REMEMBER THE 6 PS: PRIOR PREPARATION PREVENTS PISS POOR PERFORMANCE!
- 36. NEGOTIATION NEGOTIATE IN PERSON WHEN POSSIBLE. OVER THE PHONE IS OK. IN MOST INSTANCES, AVOID NEGOTIATING BY EMAIL.
- 37. NEGOTIATION REMEMBER THAT ABOUT 70% OF ALL COMMUNICATION COMES FROM BODY LANGUAGE, EXPRESSIONS AND EYE CONTACT.
- 38. NEGOTIATION ON MAJOR ISSUES, NEVER NEGOTIATE FOR YOURSELF. USE A THIRD PARTY.
- 39. NEGOTIATION DO NOT INCLUDE PERSON WITH AUTHORITY DIRECTLY IN THE NEGOTIATIONS. KEEP OPTION OPEN, “I NEED TO RUN THAT BY MY PARTNER…”
- 40. NEGOTIATION ALONG THE SAME LINES, DO NOT AGREE TO NEGOTIATE WITH THE OTHER PERSON UNLESS HE OR SHE HAS FULL AUTHORITY.
- 41. NEGOTIATION NEVER TELL THE OTHER SIDE THEY ARE WRONG. INSTEAD USE THIS, “I KNOW HOW YOU FEEL. I USE TO FEEL THE SAME WAY. BUT THEN I FOUND OUT ABOUT AAA AND NOW I FEEL BBB.”
- 42. NEGOTIATION WHEN MAKING OFFERS, USE TIME SENSITIVE DEADLINES AND MEAN IT.
- 43. NEGOTIATION ALWAYS LEAVE A “BACK DOOR” OR “EXIT STRATEGY” FOR THE OTHER PERSON. ALLOW HIM OR HER TO SAVE FACE AND AVOID EMBARRASSMENT (ESPECIALLY IN FRONT OF A CLIENT).
- 44. NEGOTIATION WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO CLOSE THE DEAL. ASK FOR THE SALE OR ULTIMATE DESIRED OUTCOME.
- 45. NEGOTIATION AVOID BUYER REMORSE. IF DOCUMENTS ARE NECESSARY, HAVE THEM READY TO GO AND DON’T LEAVE UNTIL THEY ARE SIGNED AND ALL TERMS ARE PROPERLY CONFIRMED.
- 46. NEGOTIATION REMEMBER, NEGOTIATION IS SIMPLY A DANCE. BE PREPARED TO TANGO, WALTZ OR HIP HOP IF YOU HAVE TO.
- 47. NEGOTIATION CONTACT INFO: LAW FIRM: JACKSONANDWILSON.COM COMMUNICATION TIPS: MITCHJACKSON.COM TWITTER: @MITCHJACKSON
- 48. NEGOTIATION