Do you fall for an example not related to you?

Posted by on September 15, 2010 in Negotiations

Someone once owed a company I worked for money. Their defense basically consisted of: “I have always paid my debtors in the past and I’ll pay you guys.” Our lawyer’s response was “what does your payment history with others have to do with your debt to us?” Using examples not related to you (for lack [...]

Effective negotiating tactics: stop talking!

Posted by on January 12, 2010 in Negotiations

If you follow sports long enough, a certain pattern emerges in any league. One person is anointed the franchise of the league (think Michael Jordan, Wayne Gretzky and, um, until recently Tiger Woods); they can do no wrong and the league does anything and everything within their power to maintain this image. Every league has [...]

Effective negotiating strategies: phrases to avoid

Posted by on December 1, 2009 in Negotiations

In fields which we are  not experts, we tend to be heavily influenced by perceptions given to us through television. For example, when the television show CSI first made it big, a lot of prosecutors lamented that juries wanted a full DNA report, which can cost tens of thousands of dollars, in order to convict [...]

Effective negotiation strategies: does nice actually work?

Posted by on November 4, 2009 in Negotiations

Have you ever negotiated with anyone- spouse, boss, landlord, vendor- and hit a roadblock and simply thought or said “but I am such a nice person, why can’t they agree with me?” The “nice card” is played all the time in negotiations by both sides. Think of purchasing a home when the vendor says they [...]

Effective negotiation strategies: when do you hire help?

Posted by on September 29, 2009 in Negotiations

Just a reminder that today is the last day to enter the contest to win free stuff. All you have to do is post a comment on this post.  Your odds of winning are pretty good. Entries end at 9:00 EST (to be fair to PST readers) I have often described a lawyer’s job function [...]

Effective negotiating strategies: using deal fatigue against you

Posted by on September 16, 2009 in Negotiations

Ever shop for a car and the salesperson puts you in some tiny office with uncomfortable chairs and then asks you to wait while they take the deal to the manager and you wait and wait and wait? It is not that salesperson moves slow or the sales manager can’t make a decision or time [...]

Effective negotiating strategies: give some to get some

Posted by on June 30, 2009 in Negotiations

Men’s Health has an excellent article on negotiating the best deal for a wide variety of goods. One of the broader lessons in the article is that good negotiation requires both sides to feel some pain whether its buying food in bulk with a short shelf life or spending 45 minutes chatting up a salesperson to [...]

Effective negotiating strategies: are you being used in a bidding war?

Posted by on April 2, 2009 in Negotiations

I recently had this happen to me. I got the distinct feeling that I was negotiating with someone who he had no intention of actually of selling something to me. They were negotiating to provoke a bidding war. I cannot substantiate why I felt this way and I could be completely wrong. The only thing [...]

Effective negotiating strategies: never throw out the first number

Posted by on November 12, 2008 in Negotiations

I use to be in a fantasy basketball people. One of the other fantasy owners was the son of a lawyer and was destined to be a lawyer (and he actually did become one during my 5 year stint in the pool). He never ever made the first trade offer. He would always start with [...]

Effective negotiations techniques: don’t make it personal

Posted by on September 24, 2008 in Negotiations

In today’s post on negotiations, I wanted to address something patently obvious. Don’t make negotiations personal. In some cases, like child-custody or separations, the nature of the negotiations are very personal. But, in most business negotiations, it is not about you. Its about the deal. So don’t turn it personal. Some people are personally upset [...]