The art of contract negotiation technique

In the art of negotiation, whether it is business or personal requires planning and execution. Unlike toddlers, who negotiate by crying and rolling around on the floor, adults need to employ a different skill set to get their point across. The following are some tips for successful negotiation.

Before the meeting be well rested and well fed- also visit the restroom before “entering the arena” as you don’t want a nature call to have you leave the room or adjourn the meeting early.

Wear comfortable, yet appropriate clothing- the commercial expression “don’t let them see you sweat” is never more applicable. A tight collar and or tie or a skirt that is being hitched or hiked that will cause you to fidget will detract from your image.

Focus on issues, not personalities- if you have to deal with persons you don’t like (or those you do like) it is tempting to let your thoughts about that person influence your behavior. Focusing on your goal and treating everyone as an equal will help matters become resolved in your favor. By treating all fairly you will avoid simmering about grudges or worrying about feelings, which can be an obstacle in your success.

Speak in supportive statements- Attach credibility to your statements by speaking in facts not feelings. Avoid sentences beginning with “I think” “I feel” or “In my opinion”. When stating facts, be prepared to quote your sources and elaborate or deflect questions meant to deflate your position. Being armed with facts stands up better than trying to justify feelings.

Listen (with more than your ears)- Listen for audible content but also watch the body language. Are your opponents sitting with an “open” body posture or are their arms tightly folded across their chest? Are they scratching their nose often in disbelief? Are they looking down or are they engaging you with their eyes in a game of “blink” to establish who is boss?

Find points of agreement to build on- pick up points that you agree upon and incorporate them into your presentation. An example would be “I agree with you on the importance of XYZ, and this is how the implementation of PDQ can benefit XYZ".

Choose your battles wisely and place some “decoy” items on the table- a trick popular with attorneys is to ask for much more than you want so that you can “sacrifice” superfluous or unreasonable items to gain ground for the important issues. Compromise with care on items important to you. Weigh carefully whether holding out will be in your best interest. Sometimes a speedy resolution isn’t the best.

Take minutes- Have someone tape or take minutes so that all that has been said is recorded. Reiterate that your responsibility will be and that you will execute your part right away. If in a business meeting you can end by saying “I will have this in a memo to distribute this afternoon” or “I will make the necessary phone calls to get this rolling right away”. If contracts are involved, have them ready on the spot or as soon as possible to get a signature to what has been agreed. Although most contracts have a “cooling off” period of three days or so, getting a written commitment to your settlement brings you that much closer to your goal.

End on a positive note - Shake hands and smile. A smile shows friendliness and confidence and that you are a great person to do business with, even if everyone in the room wasn’t altogether pleased with the outcome. Conversely, if you did not get all you wanted, don’t appear a bad sport. Focus on your “wins” and play down the losses. Take honest notes to yourself on your tactics and see how you can improve for next time.

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Negotiation techniques

Recently, I attended a seminar about effective communication in the work world, anticipating the part in the program when the featured speaker would teach us how to negotiate.

I was starting my own business, with promotion an important part of my game plan to success, and I wanted to learn the most effective way for getting what I wanted out of a deal.

The seminar was almost over when the speaker told us she had a few minutes left to tell us about how best to negotiate a deal. She said the lesson involved arm wrestling, so, if we would turn to the person next to us, and clasp hands, elbows on the table, we could start with the lesson.

Everyone laughed. We weren't planning on having to hold hands with our neighbors, let alone arm wrestle. It was a little embarrassing, to say the least.

I looked at the woman next to me, and she was a solid lady, muscular from cleaning corporate offices. We were seated at the table in front of the room, so, I didn't want to lose. We grasped one another's hands, elbows to the table. Her grip was dry and strong. Mine was loose. I didn't want her to think I was trying.

Before telling us to "GO!", our instructor added this last bit of information. She told us that everytime we forced our opponent's hand to the table, we would win $1,000.00. Then she said,"Go"!

The cleaning lady and I pushed against each other arm to arm, palm to palm. I could feel the strain of keeping my arm up all the way to my toes. At the end of 12 seconds, our leader called time's up! She asked how many of us won $1000.00. A few women raised their hands. Then she asked a strange question. She asked how many of us had made more than $1000.00. Two women raised their hands. They were partners in the arm wrestling, and they managed to make $10,000.00 in 12 seconds.

Everyone gasped. "How did you do that?" our leader asked.

"We did this," one of them answered. They demonstrated by holding hands while they pushed each other's arms to the table--back and forth--back and forth---as fast as they could. Each hit won them $1,000.00 imaginary dollars.

As the point of the lesson hit home,I more than learned what I had come to learn. Negotiating in the right way is a win-win situation. Everyone profits. Good negotiation is cooperation.

How have I used this valuable lesson in the work world?

I have a radio show. I highlight area musicians, writers, poets, you name it. One lady that I interviewed was grateful for the free exposure. In return for my free promotion of her, she wrote a song to preface my program--giving it a much more professional sound.

This has caused my program to be picked up by other stations. Which has increased my audience--and hers!

She and I have never charged one another a dime for our mutual services and support. But, our negotiations always take us places we could never have reached alone.

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Keys to Passive Salary Negotiation For Job-Seekers Who Don't Like Negotiating

by Jack Chapman
Passive negotiating. So you're not one who enjoys conflict? In fact you avoid confrontation of any kind? You don't want to hurt anyone's feelings or take advantage of anyone. You're a giver -- not so good at receiving? You're a helper, not so good at being helped?
Here's the two things you can do that will not create the dreaded possibility of tension and disapproval, but give you a chance to add dollars to your paychecks.
Some negotiations require action on your part. Documenting, comparing, estimating, promising, etc. Other things are more passive. you want the least amount of negotiating besides saying "OK" (which is simply no negotiation at all!) consider these two passive techniques.
1. Be quiet when it's time to be quiet. You can still be an agreeable person, just don't agree right away! Use "The Flinch." When it comes time -- and it will come time to do this no matter how nice you are -- to talk money, simply let them talk. You don't need to break in; don't need to counter offer; don't need to do anything proactive, or even reactive: just be quiet. When you hear their offer, repeat it and say "Hmmm." Think about it. You will probably get a raise on the spot.
2. Ask "What's the best you can do?" You don't need to argue, present your evidence, make a case, etc. You don't need to say "no" to the offer you received or re-negotiate terms or cover fine pits. You don't need to demand more money or even ask for more money. You won't push them outside their comfort zone. Simply say, "Wow, thanks for your offer. I look forward to starting. And I'm not a very good negotiator, so I prefer to leave this up to you -- I trust you'll tell me the truth. What's the best you can do?
There, that's not so hard, is it? Have fun! 

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Salary Negotiation: Negotiating A Relocation Package

By Nathan Newberger

Each month thousands of employees move to a new community, to start a new job. Moves often are more expensive than anticipated. Not only is there the actual expense of moving, but also, for a home-owner, the expenses connected with selling an old home, and buying a new home.
Some corporations may offer to cover some or all of the relocation costs for employees who are moving at the company's request. Larger companies usually offer a more elaborate relocation package than smaller firms. These benefits become particularly important when there is a large increase in housing costs. For example, an employee leaving a $150,000 four bedroom home in a small midwestern community may find that comparable housing in the San Francisco Bay Area may cost around $500,000.
When interviewing for a job, ask your prospective employer whether or not it has a relocation program, and find out as much as you can about it.
Benefits which may be offered to a relocating employee vary widely. Each situation may call for a different bundle of benefits; analyze your own situation carefully. It is always best to negotiate these matters as part of a transfer package, before accepting the new job, to avoid surprises to either the employee or the company after the move has taken place.

1. Cost of a familiarization and house-hunting trip for the employee, spouse, and family. (Does your family really want to move here?)
2. Extra time off (with pay) for traveling and house hunting in the new location.
3. Moving expenses, including packing and insurance.
4. Travel expenses (lodging, meals, gas, etc.) while traveling to the new location.
5. Assistance in the sale of your old home:
• º Company assumes responsibility for monthly payments, taxes and insurance until
    the old home is sold.
• º Price guarantee: if sold by the employee, the company will pay the difference
    between the net selling price and a specified price.
• º Alternative price guarantee: If employee can not sell the house within a
    specified period of time, the company will buy it at a specified price.
• º Company will pay commissions and other costs of sale.
6. Assistance in the purchase of a new home:
• º Company to pay rent of temporary quarters, until a permanent home is located.
• º Buy down the interest rate.
• º Company provides low or no interest loans.
7. A salary level commensurate with any increase in cost of living between the new location and your old location.

You will want to minimize the tax impact of any benefits you receive. For information on the tax ramifications of your relocation expenses and any reimbursements by your employer, see the IRS Publication 521, Moving Expenses. Browse on-line or download this publication from the IRS at www.irs.gov/ How hard should you push for relocation expenses? Try to analyze your bargaining position relative to the prospective employer. Does the employer have many options? Are there many qualified local applicants for the same job? Or do you have unique skills unavailable in the local market? Ask yourself, "If I owned the company, would I be willing to pay for my relocation?"
As a final check-list before accepting a new job in a new community, consider the effects on your over-all career goals:

1. Does the move represent a true promotion, or a desirable change in direction, or is it only a lateral move?
2. Is the new location in the "mainstream" of your industry, or are you moving to a "backwater"?
3. Would you prefer to live in the new location for personal, life-style reasons?
4. Considering the changes in salary and costs of living, is the move a financial advantage or disadvantage?

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