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!

2. “Let us never negotiate out of fear. But
let us never fear to negotiate.”
- John F. Kennedy

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Learn how to negotiate and
close deals just like the best
trial lawyers in the world.
- Mitch Jackson, Esq.

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Negotiation is a continuing problem solving
process. It’s getting people with both
common and conflicting interest to come
together to arrange or adjust their future
relationship by making a joint decision.

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Good negotiations allow for beneficial exchanges
and agreements to be made that give added
value to relationships or a particular situation.

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George Bernard Shaw once
famously wrote, “The problem
with communication is the
illusion that it has occurred.”

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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.

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Good negotiators learn how to build rapport and
trust so they are able to connect with others.

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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.

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Appreciating this critically important fact will put
you light years ahead of everyone else in the
negotiation process.

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Be kind to people and hard on issues. Separate
people from the problems and solutions.

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Demeanor can get you more than substance.

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Negotiate with integrity. Your career will depend
on it.

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Don’t burn bridges. This is especially true if there
is a chance you’ll be negotiating with this same
person or company again in the future.

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Before starting, know…
• Your ultimate goal
• What you can waive or modify
• What you can give away without any issues.

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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.

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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?”

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Start your negotiation with a point on which you
both agree.

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Agree on…
• The mutual benefit of having a successful
negotiation (both want a resolution) and
• Things or issues you each have in common.

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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 don’t
need to).

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Treat negotiations like a game. Come across as
caring about the outcome, but not that much.

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Control your emotions and appreciate what
the other person is probably going through.
“Emotions are important for the journey… but
I don’t let them drive the car!” - Dondi
Scumaci

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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.

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Tap into the other person’s belief system. In all
negotiations there are generally three truths:
your truth, the other person’s truth, and the
actual truth.

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Listen 70% of the time and talk 30% of the time.

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Acknowledge the other person’s ego.

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Set the proper frame. Smile and make a good
first impression. Be honest and real.

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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

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Keep the other side talking. Ask open-ended
questions, like “What do you mean by that?”

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Two of the best negotiators I’ve ever seen are
dogs and babies. Think about this for a moment.

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Understand your strengths and weaknesses and
also the other side’s strengths and weaknesses.

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Perception is everything when negotiating.

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Share you position via story telling. Remember,
facts tell but stories sell.

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Use pictures, graphics and videos to make your
point.

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Don’t fall in to the trap of the either/or
dichotomy. It’s never only A or B. There’s
always C, D and E.

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Dress and groom yourself appropriately. Be on
time, prepared and remember the 6 p’s:
Prior preparation prevents piss poor performance!

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Negotiate in person when possible. Over the
phone is OK. In most instances, avoid
negotiating by email.

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Remember that about 70% of all communication
comes from body language, expressions and eye
contact.

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On major issues, never negotiate for yourself.
Use a third party.

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Do not include person with authority directly in
the negotiations. Keep option open, “I need to
run that by my partner…”

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Along the same lines, do not agree to negotiate
with the other person unless he or she has full
authority.

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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.”

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When making offers, use time sensitive deadlines
and mean it.

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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).

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When the time is right, never be afraid to close
the deal. Ask for the sale or ultimate desired
outcome.

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Avoid buyer remorse. If documents are
necessary, have them ready to go and don’t
leave until they are signed and all terms are
properly confirmed.

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Remember, negotiation is simply a dance. Be
prepared to tango, waltz or hip hop if you have
to.

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Contact info:
Law firm: Jacksonandwilson.Com
Communication tips: Mitchjackson.Com
Twitter: @mitchjackson

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