A Trial Lawyer’s Negotiation

Secrets!3 decades of tips and approaches

“Let us never negotiate out of fear. But let us never fear to negotiate.”

- John F. Kennedy

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Learn how to negotiate andclose deals just like the besttrial lawyers in the world.

- Mitch Jackson, Esq.

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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.

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George Bernard Shaw oncefamously wrote, “The problemwith communication is theillusion 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

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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, like “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.

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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 p’s:

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

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