Archive for the “Contract Negotiation” Category

“You can stand tall without standing on someone. You can be a victor without having victims.”
- Harriet Woods
The best way to win and win BIG at a negotiation? Get to a win-win situation.
The main objective of a win-win negotiation is to be able to help the other party get what they want. Here, I am not advocating that you should sacrifice to help them get what they want. Find a solution that is best for both parties. Make them leave the negotiating table feeling that they have won.
The term “win-win” has been abused many times over. You can even negotiate on what a “win-win” solution is. Ideally, you want the other party to feel that it’s a win-win solution as well. It has to be mutual. If you are alone in believing that it’s an ideal win-win situation, you can’t be further from the truth.
So, how can we arrive at a true win-win situation?
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Posted by: Jens Thang in Business Negotiation, Contract Negotiation, Credit Card Negotiation, Cultural Negotiation, Debt Negotiation, Difficult Characters, Psychology, Resistance, Salary Negotiation, Sales Negotiation, Tactics

“I don’t even call it violence when it’s in self defense; I call it intelligence.”
- Malcolm X
Experienced negotiators know hundreds of tactics and strategies. However, when under pressure they will instinctly do whatever that works. In a real world negotiation situation, unethical tactics are very common. These tactics come in all direction and you won’t have time to think.
The skilled negotiator is able to deal with unethical tactics quickly with high level of control. With dedication and consistency, we can slowly learn how to deal with unethical tactics.
Here are 5 ways to deal with unethical tactics:
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Here’s the story:
There is a blind man and a lame man. They often compete against each other to see who’s better in what. One day, their deaf friend got so sick of their competition and came up with an idea.
“Let me be the judge. Whoever gets to my place first, will be the winner.”
The blind man and lame man were both set to win this competition. However, the deaf man stays 10 miles away from them. For many weeks, they brainstormed on how to get to their deaf friend. The blind man won’t be able to see the road and the lame man won’t be able to walk.
A brilliant idea struck them!
The lame man will get on the shoulders of the blind man. They collaborated! The blind man will be the lame man’s legs. And the lame man will be the blind man’s eyes. How wonderful! They were so happy and they got on their way.
As you are able to guess, both are winners. Win-Win!
Collaboration is indeed more powerful than competition.
What are the reasons to collaborate?
1) Improve relationships
It is really hard (near impossible) to main positive feelings about anyone who is trying to make you lose. Arguments and negotiation impasse are often the results from competition mindset.
By collaborating, the challenge and success are shared. At the end, its the relationship that really counts.
2) Sharing of expertise
If we often compete to win in a negotiation, we will overlook many aspects of collaboration. On such aspect is the sharing of expertise. Everyone is interdependent. In business, you depend on your partner. In your family, you depend on your family members. In work place, you depend on your colleagues.
Competition makes it real hard to share our resources, skills and experiences. We are so involved in our own exclusive goal.
In a negotiation, every person’s role is important. So why not collaborate?
3) Well-being
Negotiations are highly stressful. Many things are at stakes. The fear of failure is the reason for this anxiety and agitation. It causes tension, embarrassment and even hostility.
Good collaborations happens when there’s a good relationship. A relationship that is non-judgmental and non-threatening.
This in turn creates an environment that is healthy for both parties.
REMEMBER: Always collaborate to win.
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Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: collaborate, good negotiation, win win
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Successful negotiation comes from avoiding some of the common traps.
Here are 4 common traps and how you can avoid them to help you be more successful in your negotiation:
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Hi John,
I agree that sometimes we do find that we have difficulty getting people to negotiate. They just seems to be disinterested in negotiating and have previously refused to negotiate. Things can get quite complex if not handled properly.
You must be thinking, “How do I negotiate with her if I cannot even get her to talk about the issue?”
How do you get people to negotiate?
First, look at the reasons why that person does not wish to negotiate.
Investigate from all areas and all perspectives:
Does she feel there is no need to negotiate?
Is she offended by something?
Is she concerned about some issue?
Maybe she is not ready to negotiate?
Could it be because she dislikes negotiation?
After you have tried to find out the cause for her refusal to negotiate, you can then truly understand from her point of view. Some people just dislikes negotiation. If this is so, maybe use another term to replace negotiation.
“Let’s discuss this issue.”
“We need to talk about this.”
“I am concerned that we are not progressing.”
“Is there something that you like to talk about with regards to this issue?”
“When is a good time for us to discuss this?”
There are other ways to get her to negotiate with you.
1) Find someone close as your ally
Get that person to talk to her. She could be refusing to talk to you because of the kind of relationship she has with you. She could be uncomfortable negotiating with you alone. Get someone who is close to her or at least someone neutral to talk to her .
2) Lure them in with opportunities
Make it really tempting for them to come to the negotiating table.
“Hey, I found a good solution to this problem!”
“If we can discuss this, we will be able to better our relationship!”
Create more irresistible offers to entice her.
3) Arrange the situation such that she has more to lose if she drags on
Some negotiation experts use the phrase: take away their BATNA.
“This issue at hand is frustrating me, I am not sure if I am willing to wait to resolve this.” (beware of the credibility issue of a threat)
“If you are not going to talk about this, I will move forward with my decision.”
Taking away her BATNA does not necessary means threatening or blackmailing. It is more credible if you are able to do something to change the situation and not just SAY something.
4) Wait, wait and wait
If all else fails, and there is nothing much you can do, you just have to wait.
Maybe she feels that it is not the right time to negotiate yet.
Maybe she has some issues at hand.
Maybe she needs more time.
Maybe she does not think negotiation is necessary.
—————–
Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: Difficult Characters, difficult negotiation, get them to the table, negotiate with you, tough negotiation
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It’s so hard to find people who are willing to admit their mistakes. What happened to taking ownership of your own mistakes?
It appears to me that many organizations are training their customer-service staff not to admit mistakes. The logic is probably that admitting mistakes means taking responsibility for the wrong-doing.
For many reasons, many people find admitting their mistakes difficult (especially during a negotiation). This is probably due to the cultural assumptions that we have when we make a mistake. Mistakes and failures bring about shame to oneself. We have been taught since young that we ought to feel guilty about failure and should do everything we can to avoid failing.
Think of the times you failed to do accomplish something when you were young. How did your parents react to you? What did your peers say about you? How did you feel about your failure?
This strong combination of shame and unavoidable setbacks while attempting a challenge drives people to give up their goals. They are not prepared for the mistakes they will make on their way to success.
How does this apply to negotiation?
Admitting a mistake you have made during a negotiation is not a sign of weakness. On the contrary, its a sign of strength. It reflects greatly on you. The other party will see you more as a human when you acknowledge your own faults.
When you do acknowledge your own fault, you demonstrate courage. More importantly, you portray yourself as someone with integrity. Maintaining integrity is essential to becoming a good negotiator.
Master negotiators admit their mistakes easily. They understand that by admitting their mistakes, they will enhance the results of their negotiation. By doing so, they also accelerate the progress of the negotiation instead of finding ways to cover up their mistakes. This is a win-win situation.
“Always acknowledge a fault. This will throw those in authority off their guard and give you an opportunity to commit more.” - Mark Twain
Remember: Learn to acknowledge a fault during negotiation.
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Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: acknowledge a fault, admitting mistakes
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Posted by: Jens Thang in Business Negotiation, Contract Negotiation, Debt Negotiation, Difficult Characters, Preparation, Psychology, Rapport, Resistance, Salary Negotiation, Sales Negotiation, Tactics
The problem with many negotiators is that they do not direct their questions towards a certain purpose. The art of questioning has to be strategic. To be truly prepared, you need to put some thoughts and time into the type of questions you direct to the other party. Work out the questions with a strategic plan in mind.
Many negotiators believe that by proving inconsistency in the other party is strategic and tactical. They cannot be further from being strategic. When you show that you are trying to provoke them in your questions, you turn on the defensive mode of the other party. You put them on guard and that is not something you want to achieve during a negotiation. As the other party starts to get defensive and closes up to any form of conversation, the negotiation will go nowhere.
The true art is to make the other party open up to you. Lower their defense wall. And attack from a direction they did not anticipate.
Let me introduce the Socratic Method
This wonderful method requires you to understand both the viewpoint of the other party and HOW he came to that conclusion. By truly understanding the other party’s position, you will be able to identify the weak areas and start ripping them apart in a subtle way.
How do you apply the Socratic Method to negotiation?
First, begin by letting the other party express his interest and his decision. Ask him how he would like the negotiation to be resolved. Appear to agree with him at first and acknowledge whatever they are saying to be valid.
Start asking questions that presumably fringed on the main topic of the negotiation, but attacked the weak points into everything the other party has put out during the initial stage of the negotiation.
What you are trying to achieve, is not only to influence the other party to change his initial stand on the issue. But also make it appear to be his own idea.
With this, you truly convince.
You can still hold on to your initial viewpoint but the key is really to act like others. People do not like to believe that they are wrong. They always think that their decision is the best and they strongly believe in it. By proposing a challenge to their belief, you are attacking their ego. Again, you want them to tear down their own position and not build a wall around it.
With this Socratic Method, you will be able to question anyone’s fundamental beliefs in any topic. And of course, essential in negotiations.
Think about how you would apply the Socratic Method for your next negotiation. Email me your thoughts and results. We will evaluate them together.
Remember: Never challenge the other party’s position and viewpoint. Apply the Socratic Method to tear him down.
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Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: , art of influence, art of questioning, socrates, socratic method
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When I stepped into the office this morning, my colleague was screaming and arguing with the bank rep over the phone. Later I found out that he was actually trying to negotiate to get a charge of $40 waived. He got the charge because of an accident overdraft.
Later I found out from him that he had been calling his bank 3 days in a row. A bank manager promised to waive off his charge when he called on the first day. However, he was still charged $40 by the bank. He probably made about 10 calls to the customer service department and had spoken to more than 10 bank reps and managers. He was really persistent.
“So, do you think it’s worth the effort just trying to get your $40 back?”
“It’s a matter of principle.”
Boy, i was thrown off. He was dead serious about getting his money back. I observed all the calls he made and noted down all the mistakes he did. Finally, I decided to help him out a little.
“Can I make a suggestion?”
“Sure, help me if you can!”
“Call them up again and ask for the customer retention department.”
“What’s that? Can I find the number online?”
He went online to search for the number to the customer retention department.
The department is probably so exclusive (only to serious problematic clients of the banks) that it is not going to be easy to reach them. So I told him to call up the customer service department and asked to be referred to the Customer Retention Department. He did.
”Hi, I am really unhappy with the service that the bank is providing. Can you refer me to the Customer Retention Department?”
“Sir, may I ask the reason?”
He went on the explain for 2 minutes and insisted on getting referred to the Customer Retention Department.
The customer service manager finally gave up and said these words to him, “You know the game, don’t you?”
My friend’s face lit up immediately. He knew he was winning the game, turned over and gave me a thumb up.
Remember: If the customer service department fails you, turn to the Customer Retention Department. And, know your game. =)
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Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: Credit Card Negotiation, customer retention, Customer service
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This can cost you a lot of money if you fail to understand all the terms and conditions. Always make sure that all the terms are properly negotiated before the end of a negotiation. Do not take things for granted.
I recently learned how important it is to negotiate all the terms and have the terms documented. Do not rely on mutual trust.
The setup
I had to buy a car to travel to work and decided to buy it from a friend. Let’s call him Jerry. The car was not in a good condition but Jerry had to sell it off. Deciding to do Jerry a favor, I agreed to buy the car from him.
There were 2 rounds of negotiation for the car.
During the 1st round, Jerry offered a price of X amt and he will pay for the transferal fee of title deed. As X amt was not justifiable due to the condition of the car, I decided to negotiate with him two weeks later.
For the 2nd round, Jerry decided to drop the price a little. I was still a little hesitant. Many friends discouraged me from buying the car. Since I gave him my word earlier, I decided not to negotiate further.
On the day of the sale, he said to me “Jens, you are paying for the transferal fee.”
That took me by surprise. I was living under the impression that he was paying for the transferal fee.
His defense line was, “since it was not mentioned during the 2nd round of negotiation, whatever that was negotiated during the 1st round would not be valid.”
He was right. I was the one who made the mistake of not making sure the condition would still be valid after the price reduction. My assumption was wrong.
The transferal fee was equivalent to the reduction in price he gave in the 2nd round. At the end of the day, I was paying the same amount.
This entire transaction was based on relationship and trust. I did not feel the need to document everything. That was my fatal mistake.
Point to note: No matter who you are negotiating with, always make sure every term is made clear and documented. This can save you much trouble and even the relationship. The person you are negotiating with might not treasure the relationship as much as you do. Never take things for granted.
Remember: Always negotiate every term and condition. Document all commitments.
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Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: mutual trust, terms and conditions, written commitments
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This is something I learn from Tim Ferris’ “The 4-Hour Workweek” book.
To learn more, please buy his “4-Hour Workweek”. It has much valuable information inside. It’s about getting the life you want. He gives useful tips on how to live the life. Negotiate for the life that you want!
Tim Ferris gave a simple 5 step process to negotiate with your boss. It’s as easy as that!Step 1: Increase Investment
Get your boss to invest more in you. Tell him about the employee training program that will be beneficial to the company such as “Negotiation Executive Workshop”. This is to get your boss to make investment in you so that he will feel he has more to lose if you do quit at the end of the day. Very smart move!
Step 2: Prove Increased Output Offsite
Call in sick 2 days of a normal workweek. Do it on Tuesday and Thursday. The reason why is because you don’t want to give the impression that you want a 3-day long weekend. It’s just more convincing. Make sure that you really do work on these 2 days. In fact, work harder. Be 5 times more productive than normal. How do you let your boss know that? Send him deliverables. Send him emails. Let him know what you have done. Show him what you have done. Tim suggests using GoToMyPc remote access software so that you can pilot your office computer from home.
Step 3: Prepare the Quantifiable Business Benefit
Create a bullet-point list of what you have achieved during the 2 days of sick leave. Show it to your boss. You must present it in such a way that letting you work from home is good for the business, not just a personal gain. Explain that without the distraction of office noise and the commute, you are able to do more.
Step 4: Propose a Revocable Trial Period
Revocable is a keyword here. You must still let your boss feel that he has power over you. Propose that you wish to work from home 2 days a week.
“Hey boss, for a trial, I let to propose to work from home 2 days a week. You can revoke it anytime you want if you do not think it’s good for the business.”
The reason why you propose 2 days is so that at least you have a backup of proposing 1 day.
Step 5: Expand Remote time
Always make sure that you are MOST productive when you are away from the office.
“I was shocked at the results of me working at home. It makes a lot of business sense too. I have achieved so much from working at home. I am enjoying my work so much more now. I would like to suggest doing a 2-day week. I will come in on Wednesday and Friday. We can do any 3 days you prefer.”
“I can’t do that.”
“What’s your main concern?”
“What if everyone wants to do the same?”
“You are right. You have a very valid reason. Let me be honest. I was actually having the intention to quit after all the interruptions, commuting and whatnot. But I am actually surprised by how I feel after working from home. I feel that I can be more productive at home and be much happier. Not everyone can work from home. They have to exhibit that they are more productive at home. If they are really more productive, why not let them work at home too? This makes a lot of business sense. Can I test it out for another 2 weeks? I will show you the results and if you are not happy, you can always change your mind.”
“By working faithfully eight hours a day, you may eventually get to be a boss and work twelve hours a day. – Robert Frost
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Jens Thang
Negotiation Skills for Everyone
Email: jens@thenegotiationguru.com
Tags: escape office, negotiate with your boss
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