Archive for 'Negotiation'

In Roger Fisher and William Ury’s classic negotiation book “Getting To Yes:  Negotiating Agreement Without Giving In,” they use decision theory to craft the  notion of BATNA, or best alternative to a negotiated agreement. Many people have  heard of this term, but how many actually think about it before or during  negotiations?

The only reason to negotiate is to produce a result better than you can  obtain without negotiating. What is the result the negotiation is producing?  What are the alternatives? ...

I enjoy the show “Shark Tank” and when I was watching a recorded episode last night, I thought it was pretty gutsy for an eleven year old boy to ask for more money when the Sharks made him an offer. The move almost cost the boy and his sisters (they were the business owners, though Mom and Dad were there too, and had financed the business to this point) a deal. The family ended up taking the initial offer, and ...

I understand the win-win philosophy and strategy for negotiations. I’m a believer in expanding the pie, and I also think it is important to look for people’s interests when negotiating or when I’m mediating. I’ve used the classic story of the little girl’s fighting over an orange from “Getting to Yes” many times. And while it is a good story, and it does illustrate a very important point, ...

Often you will hear the phrase, “Everything is negotiable.” Well, I almost agree, because I do think almost everything is negotiable. In fact, I believe many things are negotiable that people don’t realize they can negotiate on. Negotiation skills are not just for buying a house or purchasing a car. We all negotiate all of the time, sometimes you might not even realize you are negotiating, but if you are trying to get someone to see the movie you want ...

Ask any sports team if they would rather play at home or on the road. Without exception, you’ll hear them reply that they prefer to play on their home field or court. They are more comfortable at home and have greater fan support. They won’t have to deal with unfamiliar territory or the hassles associated with travel. Additionally, their home field or court is the place where their opponents will be the most uncomfortable. This ...

The reasons people pay more for products and services are important to everyone in sales, and equally important to the negotiator. When negotiating, you must ask for what you want, and that often means demanding a price for a particular product or service. If the other side does not want to pay what you are asking, it is up to you to illustrate why the price you have set is reasonable. There are many various reasons people ...

When negotiating, you should take a moment and pause before giving a concession to the other side.  The moment of reflection gives the concession some significance.  Why is this important?

If you don’t treat concessions as important or significant, the other side won’t think they really gained anything.  After all, if you don’t care about it, why should they?  If the other side doesn’t believe you care about what you are giving up, they might not look at it as a ...

Negotiation is part of the fabric of everyone’s life, but even more so for the practicing attorney. Attorneys that possess strong negotiation skills are usually more productive and successful. Mediation is an extension of the negotiation process involving a third party. Therefore, attorneys acting as mediators, or advocating for clients during mediation, should consistently hone and expand their negotiation skills.

During a presentation at the Cutting Edge Dispute Resolution Techniques CLE in Great Falls one year, Chris Manos and Carson Taylor ...