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.
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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.”
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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.
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GOOD NEGOTIATORS LEARN HOW TO BUILD RAPPORT AND TRUST SO
THEY ARE ABLE TO CONNECT WITH OTHERS.
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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.
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APPRECIATING THIS CRITICALLY IMPORTANT FACT WILL PUT YOU LIGHT YEARS
AHEAD OF EVERYONE ELSE IN THE NEGOTIATION PROCESS.
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BE KIND TO PEOPLE AND HARD ON ISSUES. SEPARATE PEOPLE
FROM THE PROBLEMS AND SOLUTIONS.
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DEMEANOR CAN GET YOU MORE THAN SUBSTANCE.
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NEGOTIATE WITH INTEGRITY. YOUR CAREER WILL DEPEND ON IT.
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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.
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BEFORE STARTING, KNOW…
YOUR ULTIMATE GOAL
WHAT YOU CAN WAIVE OR MODIFY
WHAT
YOU CAN GIVE AWAY WITHOUT ANY ISSUES.
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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.
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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?”
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START YOUR NEGOTIATION WITH A POINT ON WHICH YOU BOTH
AGREE.
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AGREE ON…
THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL NEGOTIATION
(BOTH WANT A RESOLUTION) AND
THINGS OR ISSUES YOU EACH HAVE IN COMMON.
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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).
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TREAT NEGOTIATIONS LIKE A GAME. COME ACROSS AS CARING ABOUT
THE OUTCOME, BUT NOT THAT MUCH.
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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.
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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.
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LISTEN 70% OF THE TIME AND TALK 30% OF THE
TIME.
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ACKNOWLEDGE THE OTHER PERSON’S EGO.
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SET THE PROPER FRAME. SMILE AND MAKE A GOOD FIRST
IMPRESSION. BE HONEST AND REAL.
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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
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KEEP THE OTHER SIDE TALKING. ASK OPEN-ENDED QUESTIONS. “WHAT DO
YOU MEAN BY THAT?”
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TWO OF THE BEST NEGOTIATORS I’VE EVER SEEN ARE DOGS
AND BABIES. THINK ABOUT THIS FOR A MOMENT.
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UNDERSTAND YOUR STRENGTHS AND WEAKNESSES AND ALSO THE OTHER SIDE’S
STRENGTHS AND WEAKNESSES.
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PERCEPTION IS EVERYTHING WHEN NEGOTIATING.
Слайд 33NEGOTIATION
SHARE YOU POSITION VIA STORY TELLING. REMEMBER, FACTS TELL BUT
STORIES SELL.
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USE PICTURES, GRAPHICS AND VIDEOS TO MAKE YOUR POINT.
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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.
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DRESS AND GROOM YOURSELF APPROPRIATELY. BE ON TIME, PREPARED AND
REMEMBER THE 6 PS:
PRIOR PREPARATION PREVENTS PISS POOR PERFORMANCE!
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NEGOTIATE IN PERSON WHEN POSSIBLE. OVER THE PHONE IS OK.
IN MOST INSTANCES, AVOID NEGOTIATING BY EMAIL.
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REMEMBER THAT ABOUT 70% OF ALL COMMUNICATION COMES FROM BODY
LANGUAGE, EXPRESSIONS AND EYE CONTACT.
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ON MAJOR ISSUES, NEVER NEGOTIATE FOR YOURSELF. USE A THIRD
PARTY.
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DO NOT INCLUDE PERSON WITH AUTHORITY DIRECTLY IN THE NEGOTIATIONS.
KEEP OPTION OPEN, “I NEED TO RUN THAT BY MY PARTNER…”
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ALONG THE SAME LINES, DO NOT AGREE TO NEGOTIATE WITH
THE OTHER PERSON UNLESS HE OR SHE HAS FULL AUTHORITY.
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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.”
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WHEN MAKING OFFERS, USE TIME SENSITIVE DEADLINES AND MEAN IT.
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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).
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WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO CLOSE
THE DEAL. ASK FOR THE SALE OR ULTIMATE DESIRED OUTCOME.
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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.
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REMEMBER, NEGOTIATION IS SIMPLY A DANCE. BE PREPARED TO TANGO,
WALTZ OR HIP HOP IF YOU HAVE TO.
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CONTACT INFO:
LAW FIRM: JACKSONANDWILSON.COM
COMMUNICATION TIPS: MITCHJACKSON.COM
TWITTER: @MITCHJACKSON