A Trial Lawyer’s Negotiation Secrets! презентация

Содержание

“LET US NEVER NEGOTIATE OUT OF FEAR. BUT LET US NEVER FEAR TO NEGOTIATE.” JOHN F. KENNEDY

Слайд 1A TRIAL LAWYER’S NEGOTIATION SECRETS!
3 DECADES OF TIPS AND APPROACHES


Слайд 2“LET US NEVER NEGOTIATE OUT OF FEAR. BUT LET US NEVER

FEAR TO NEGOTIATE.”

JOHN F. KENNEDY


Слайд 3NEGOTIATION
LEARN HOW TO NEGOTIATE AND CLOSE DEALS JUST LIKE THE BEST TRIAL

LAWYERS IN THE WORLD. - MITCH JACKSON, ESQ.


Слайд 4NEGOTIATION

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.


Слайд 5NEGOTIATION
GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL EXCHANGES AND AGREEMENTS TO BE

MADE THAT GIVE ADDED VALUE TO RELATIONSHIPS OR A PARTICULAR SITUATION.


Слайд 6NEGOTIATION

GEORGE BERNARD SHAW ONCE FAMOUSLY WROTE, “THE PROBLEM WITH COMMUNICATION IS THE ILLUSION

THAT IT HAS OCCURRED.”


Слайд 7NEGOTIATION

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.



Слайд 8NEGOTIATION
GOOD NEGOTIATORS LEARN HOW TO BUILD RAPPORT AND TRUST SO

THEY ARE ABLE TO CONNECT WITH OTHERS.


Слайд 9NEGOTIATION

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.


Слайд 10NEGOTIATION
APPRECIATING THIS CRITICALLY IMPORTANT FACT WILL PUT YOU LIGHT YEARS

AHEAD OF EVERYONE ELSE IN THE NEGOTIATION PROCESS.


Слайд 11NEGOTIATION
BE KIND TO PEOPLE AND HARD ON ISSUES. SEPARATE PEOPLE

FROM THE PROBLEMS AND SOLUTIONS.

Слайд 12NEGOTIATION
DEMEANOR CAN GET YOU MORE THAN SUBSTANCE.


Слайд 13NEGOTIATION
NEGOTIATE WITH INTEGRITY. YOUR CAREER WILL DEPEND ON IT.


Слайд 14NEGOTIATION
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.

Слайд 15NEGOTIATION

BEFORE STARTING, KNOW…
YOUR ULTIMATE GOAL
WHAT YOU CAN WAIVE OR MODIFY
WHAT

YOU CAN GIVE AWAY WITHOUT ANY ISSUES.


Слайд 16NEGOTIATION

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.


Слайд 17NEGOTIATION

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?”


Слайд 18NEGOTIATION
START YOUR NEGOTIATION WITH A POINT ON WHICH YOU BOTH

AGREE.


Слайд 19NEGOTIATION
AGREE ON…
THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL NEGOTIATION

(BOTH WANT A RESOLUTION) AND
THINGS OR ISSUES YOU EACH HAVE IN COMMON.

Слайд 20NEGOTIATION
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).


Слайд 21NEGOTIATION
TREAT NEGOTIATIONS LIKE A GAME. COME ACROSS AS CARING ABOUT

THE OUTCOME, BUT NOT THAT MUCH.


Слайд 22NEGOTIATION
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


Слайд 23NEGOTIATION
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.


Слайд 24NEGOTIATION
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.


Слайд 25NEGOTIATION
LISTEN 70% OF THE TIME AND TALK 30% OF THE

TIME.

Слайд 26NEGOTIATION
ACKNOWLEDGE THE OTHER PERSON’S EGO.


Слайд 27NEGOTIATION
SET THE PROPER FRAME. SMILE AND MAKE A GOOD FIRST

IMPRESSION. BE HONEST AND REAL.

Слайд 28NEGOTIATION
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


Слайд 29NEGOTIATION
KEEP THE OTHER SIDE TALKING. ASK OPEN-ENDED QUESTIONS. “WHAT DO

YOU MEAN BY THAT?”


Слайд 30NEGOTIATION
TWO OF THE BEST NEGOTIATORS I’VE EVER SEEN ARE DOGS

AND BABIES. THINK ABOUT THIS FOR A MOMENT.


Слайд 31NEGOTIATION
UNDERSTAND YOUR STRENGTHS AND WEAKNESSES AND ALSO THE OTHER SIDE’S

STRENGTHS AND WEAKNESSES.

Слайд 32NEGOTIATION
PERCEPTION IS EVERYTHING WHEN NEGOTIATING.


Слайд 33NEGOTIATION
SHARE YOU POSITION VIA STORY TELLING. REMEMBER, FACTS TELL BUT

STORIES SELL.

Слайд 34NEGOTIATION
USE PICTURES, GRAPHICS AND VIDEOS TO MAKE YOUR POINT.


Слайд 35NEGOTIATION
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.

Слайд 36NEGOTIATION
DRESS AND GROOM YOURSELF APPROPRIATELY. BE ON TIME, PREPARED AND

REMEMBER THE 6 PS:
PRIOR PREPARATION PREVENTS PISS POOR PERFORMANCE!

Слайд 37NEGOTIATION
NEGOTIATE IN PERSON WHEN POSSIBLE. OVER THE PHONE IS OK.

IN MOST INSTANCES, AVOID NEGOTIATING BY EMAIL.

Слайд 38NEGOTIATION
REMEMBER THAT ABOUT 70% OF ALL COMMUNICATION COMES FROM BODY

LANGUAGE, EXPRESSIONS AND EYE CONTACT.

Слайд 39NEGOTIATION
ON MAJOR ISSUES, NEVER NEGOTIATE FOR YOURSELF. USE A THIRD

PARTY.

Слайд 40NEGOTIATION
DO NOT INCLUDE PERSON WITH AUTHORITY DIRECTLY IN THE NEGOTIATIONS.

KEEP OPTION OPEN, “I NEED TO RUN THAT BY MY PARTNER…”

Слайд 41NEGOTIATION
ALONG THE SAME LINES, DO NOT AGREE TO NEGOTIATE WITH

THE OTHER PERSON UNLESS HE OR SHE HAS FULL AUTHORITY.

Слайд 42NEGOTIATION
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.”

Слайд 43NEGOTIATION
WHEN MAKING OFFERS, USE TIME SENSITIVE DEADLINES AND MEAN IT.


Слайд 44NEGOTIATION
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).

Слайд 45NEGOTIATION
WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO CLOSE

THE DEAL. ASK FOR THE SALE OR ULTIMATE DESIRED OUTCOME.

Слайд 46NEGOTIATION
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.

Слайд 47NEGOTIATION
REMEMBER, NEGOTIATION IS SIMPLY A DANCE. BE PREPARED TO TANGO,

WALTZ OR HIP HOP IF YOU HAVE TO.

Слайд 48NEGOTIATION
CONTACT INFO:
LAW FIRM: JACKSONANDWILSON.COM
COMMUNICATION TIPS: MITCHJACKSON.COM
TWITTER: @MITCHJACKSON


Слайд 49NEGOTIATION


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