Transcript
Page 1: Negotiation- A Trial Lawyer's Negotiation Secrets!

A TRIAL LAWYER’S NEGOTIATION

SECRETS!3 DECADES OF TIPS AND APPROACHES

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

JOHN F. KENNEDY

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NEGOTIATION LEARN HOW TO NEGOTIATE ANDCLOSE DEALS JUST LIKE THE BESTTRIAL LAWYERS IN THE WORLD.

- MITCH JACKSON, ESQ.

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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.

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NEGOTIATION GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL EXCHANGES AND AGREEMENTS TO BE MADE THAT GIVE ADDED VALUE TO RELATIONSHIPS OR A PARTICULAR SITUATION.

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NEGOTIATION

GEORGE BERNARD SHAW ONCEFAMOUSLY WROTE, “THE PROBLEMWITH COMMUNICATION IS THEILLUSION THAT IT HAS OCCURRED.”

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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.

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NEGOTIATION

GOOD NEGOTIATORS LEARN HOW TO BUILD RAPPORT AND TRUST SO THEY ARE ABLE TO CONNECT WITH OTHERS.

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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.

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NEGOTIATION

APPRECIATING THIS CRITICALLY IMPORTANT FACT WILL PUT YOU LIGHT YEARS AHEAD OF EVERYONE ELSE IN THE NEGOTIATION PROCESS.

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NEGOTIATION

BE KIND TO PEOPLE AND HARD ON ISSUES. SEPARATE PEOPLE FROM THE PROBLEMS AND SOLUTIONS.

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NEGOTIATION

DEMEANOR CAN GET YOU MORE THAN SUBSTANCE.

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NEGOTIATION

NEGOTIATE WITH INTEGRITY. YOUR CAREER WILL DEPEND ON IT.

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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.

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NEGOTIATION

BEFORE STARTING, KNOW…

•YOUR ULTIMATE GOAL•WHAT YOU CAN WAIVE OR MODIFY•WHAT YOU CAN GIVE AWAY WITHOUT ANY ISSUES.

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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.

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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?”

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NEGOTIATION

START YOUR NEGOTIATION WITH A POINT ON WHICH YOU BOTH AGREE.

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NEGOTIATION 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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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).

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NEGOTIATION

TREAT NEGOTIATIONS LIKE A GAME. COME ACROSS AS CARING ABOUT THE OUTCOME, BUT NOT THAT MUCH.

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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

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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.

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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.

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NEGOTIATION

LISTEN 70% OF THE TIME AND TALK 30% OF THE TIME.

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NEGOTIATION

ACKNOWLEDGE THE OTHER PERSON’S EGO.

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NEGOTIATION

SET THE PROPER FRAME. SMILE AND MAKE A GOOD FIRST IMPRESSION. BE HONEST AND REAL.

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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

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NEGOTIATION

KEEP THE OTHER SIDE TALKING. ASK OPEN-ENDED QUESTIONS. “WHAT DO YOU MEAN BY THAT?”

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NEGOTIATION

TWO OF THE BEST NEGOTIATORS I’VE EVER SEEN ARE DOGS AND BABIES. THINK ABOUT THIS FOR A MOMENT.

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NEGOTIATION

UNDERSTAND YOUR STRENGTHS AND WEAKNESSES AND ALSO THE OTHER SIDE’S STRENGTHS AND WEAKNESSES.

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NEGOTIATION

PERCEPTION IS EVERYTHING WHEN NEGOTIATING.

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NEGOTIATION

SHARE YOU POSITION VIA STORY TELLING. REMEMBER, FACTS TELL BUT STORIES SELL.

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NEGOTIATION

USE PICTURES, GRAPHICS AND VIDEOS TO MAKE YOUR POINT.

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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.

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NEGOTIATION

DRESS AND GROOM YOURSELF APPROPRIATELY. BE ON TIME, PREPARED AND REMEMBER THE 6 PS:

PRIOR PREPARATION PREVENTS PISS POOR PERFORMANCE!

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NEGOTIATION

NEGOTIATE IN PERSON WHEN POSSIBLE. OVER THE PHONE IS OK. IN MOST INSTANCES, AVOID NEGOTIATING BY EMAIL.

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NEGOTIATION

REMEMBER THAT ABOUT 70% OF ALL COMMUNICATION COMES FROM BODY LANGUAGE, EXPRESSIONS AND EYE CONTACT.

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NEGOTIATION

ON MAJOR ISSUES, NEVER NEGOTIATE FOR YOURSELF. USE A THIRD PARTY.

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NEGOTIATION

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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NEGOTIATION

ALONG THE SAME LINES, DO NOT AGREE TO NEGOTIATE WITH THE OTHER PERSON UNLESS HE OR SHE HAS FULL AUTHORITY.

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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.”

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NEGOTIATION

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

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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).

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NEGOTIATION

WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO CLOSE THE DEAL. ASK FOR THE SALE OR ULTIMATE DESIRED OUTCOME.

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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.

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NEGOTIATION

REMEMBER, NEGOTIATION IS SIMPLY A DANCE. BE PREPARED TO TANGO, WALTZ OR HIP HOP IF YOU HAVE TO.

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NEGOTIATION CONTACT INFO:

LAW FIRM: JACKSONANDWILSON.COMCOMMUNICATION TIPS: MITCHJACKSON.COMTWITTER: @MITCHJACKSON

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NEGOTIATION