Negotiation- A Trial Lawyer's Negotiation Secrets!

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Post on 11-Aug-2014

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Negotiation tips from the 2013 California Litigation Lawyer of the Year (CLAY Award), Jon Mitchell Jackson. This is the same approach I use to negotiate multi-million dollar deals. Please feel free to share if you find value in this Slideshare presentation. Also please connect with me on Twitter @MitchJackson for more negotiation and communication tips updates!

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<ul><li>LET US NEVER NEGOTIATE OUT OF FEAR. BUT LET US NEVER FEAR TO NEGOTIATE. JOHN F. KENNEDY </li><li>NEGOTIATION LEARN HOW TO NEGOTIATE AND CLOSE DEALS JUST LIKE THE BEST TRIAL LAWYERS IN THE WORLD. - MITCH JACKSON, ESQ. </li><li>NEGOTIATION NEGOTIATION IS A CONTINUING PROBLEM SOLVING PROCESS. ITS GETTING PEOPLE WITH BOTH COMMON AND CONFLICTING INTEREST TO COME TOGETHER TO ARRANGE OR ADJUST THEIR FUTURE RELATIONSHIP BY MAKING A JOINT DECISION. </li><li>NEGOTIATION GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL EXCHANGES AND AGREEMENTS TO BE MADE THAT GIVE ADDED VALUE TO RELATIONSHIPS OR A PARTICULAR SITUATION. </li><li>NEGOTIATION GEORGE BERNARD SHAW ONCE FAMOUSLY WROTE, THE PROBLEM WITH COMMUNICATION IS THE ILLUSION THAT IT HAS OCCURRED. </li><li>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. </li><li>NEGOTIATION GOOD NEGOTIATORS LEARN HOW TO BUILD RAPPORT AND TRUST SO THEY ARE ABLE TO CONNECT WITH OTHERS. </li><li>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. </li><li>NEGOTIATION APPRECIATING THIS CRITICALLY IMPORTANT FACT WILL PUT YOU LIGHT YEARS AHEAD OF EVERYONE ELSE IN THE NEGOTIATION PROCESS. </li><li>NEGOTIATION BE KIND TO PEOPLE AND HARD ON ISSUES. SEPARATE PEOPLE FROM THE PROBLEMS AND SOLUTIONS. </li><li>NEGOTIATION DEMEANOR CAN GET YOU MORE THAN SUBSTANCE. </li><li>NEGOTIATION NEGOTIATE WITH INTEGRITY. YOUR CAREER WILL DEPEND ON IT. </li><li>NEGOTIATION DONT BURN BRIDGES. THIS IS ESPECIALLY TRUE IF THERE IS A CHANCE YOULL BE NEGOTIATING WITH THIS SAME PERSON OR COMPANY AGAIN IN THE FUTURE. </li><li>NEGOTIATION BEFORE STARTING, KNOW YOUR ULTIMATE GOAL WHAT YOU CAN WAIVE OR MODIFY WHAT YOU CAN GIVE AWAY WITHOUT ANY ISSUES. </li><li>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. </li><li>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? </li><li>NEGOTIATION START YOUR NEGOTIATION WITH A POINT ON WHICH YOU BOTH AGREE. </li><li>NEGOTIATION AGREE ON THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL NEGOTIATION (BOTH WANT A RESOLUTION) AND THINGS OR ISSUES YOU EACH HAVE IN COMMON. </li><li>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 DONT NEED TO). </li><li>NEGOTIATION TREAT NEGOTIATIONS LIKE A GAME. COME ACROSS AS CARING ABOUT THE OUTCOME, BUT NOT THAT MUCH. </li><li>NEGOTIATION CONTROL YOUR EMOTIONS AND APPRECIATE WHAT THE OTHER PERSON IS PROBABLY GOING THROUGH. EMOTIONS ARE IMPORTANT FOR THE JOURNEY BUT I DONT LET THEM DRIVE THE CAR! - DONDI SCUMACI </li><li>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. </li><li>NEGOTIATION TAP INTO THE OTHER PERSONS BELIEF SYSTEM. IN ALL NEGOTIATIONS THERE ARE GENERALLY THREE TRUTHS: YOUR TRUTH, THE OTHER PERSONS TRUTH, AND THE ACTUAL TRUTH. </li><li>NEGOTIATION LISTEN 70% OF THE TIME AND TALK 30% OF THE TIME. </li><li>NEGOTIATION ACKNOWLEDGE THE OTHER PERSONS EGO. </li><li>NEGOTIATION SET THE PROPER FRAME. SMILE AND MAKE A GOOD FIRST IMPRESSION. BE HONEST AND REAL. </li><li>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 </li><li>NEGOTIATION KEEP THE OTHER SIDE TALKING. ASK OPEN- ENDED QUESTIONS. WHAT DO YOU MEAN BY THAT? </li><li>NEGOTIATION TWO OF THE BEST NEGOTIATORS IVE EVER SEEN ARE DOGS AND BABIES. THINK ABOUT THIS FOR A MOMENT. </li><li>NEGOTIATION UNDERSTAND YOUR STRENGTHS AND WEAKNESSES AND ALSO THE OTHER SIDES STRENGTHS AND WEAKNESSES. </li><li>NEGOTIATION PERCEPTION IS EVERYTHING WHEN NEGOTIATING. </li><li>NEGOTIATION SHARE YOU POSITION VIA STORY TELLING. REMEMBER, FACTS TELL BUT STORIES SELL. </li><li>NEGOTIATION USE PICTURES, GRAPHICS AND VIDEOS TO MAKE YOUR POINT. </li><li>NEGOTIATION DONT FALL IN TO THE TRAP OF THE EITHER/OR DICHOTOMY. ITS NEVER ONLY A OR B. THERES ALWAYS C, D AND E. </li><li>NEGOTIATION DRESS AND GROOM YOURSELF APPROPRIATELY. BE ON TIME, PREPARED AND REMEMBER THE 6 PS: PRIOR PREPARATION PREVENTS PISS POOR PERFORMANCE! </li><li>NEGOTIATION NEGOTIATE IN PERSON WHEN POSSIBLE. OVER THE PHONE IS OK. IN MOST INSTANCES, AVOID NEGOTIATING BY EMAIL. </li><li>NEGOTIATION REMEMBER THAT ABOUT 70% OF ALL COMMUNICATION COMES FROM BODY LANGUAGE, EXPRESSIONS AND EYE CONTACT. </li><li>NEGOTIATION ON MAJOR ISSUES, NEVER NEGOTIATE FOR YOURSELF. USE A THIRD PARTY. </li><li>NEGOTIATION DO NOT INCLUDE PERSON WITH AUTHORITY DIRECTLY IN THE NEGOTIATIONS. KEEP OPTION OPEN, I NEED TO RUN THAT BY MY PARTNER </li><li>NEGOTIATION ALONG THE SAME LINES, DO NOT AGREE TO NEGOTIATE WITH THE OTHER PERSON UNLESS HE OR SHE HAS FULL AUTHORITY. </li><li>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. </li><li>NEGOTIATION WHEN MAKING OFFERS, USE TIME SENSITIVE DEADLINES AND MEAN IT. </li><li>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). </li><li>NEGOTIATION WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO CLOSE THE DEAL. ASK FOR THE SALE OR ULTIMATE DESIRED OUTCOME. </li><li>NEGOTIATION AVOID BUYER REMORSE. IF DOCUMENTS ARE NECESSARY, HAVE THEM READY TO GO AND DONT LEAVE UNTIL THEY ARE SIGNED AND ALL TERMS ARE PROPERLY CONFIRMED. </li><li>NEGOTIATION REMEMBER, NEGOTIATION IS SIMPLY A DANCE. BE PREPARED TO TANGO, WALTZ OR HIP HOP IF YOU HAVE TO. </li><li>NEGOTIATION CONTACT INFO: LAW FIRM: JACKSONANDWILSON.COM COMMUNICATION TIPS: MITCHJACKSON.COM TWITTER: @MITCHJACKSON </li><li>NEGOTIATION </li></ul>