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“LET US NEVER NEGOTIATE OUT OF FEAR.
BUT LET US NEVER FEAR TO NEGOTIATE.”
JOHN F. KENNEDY
NEGOTIATION
LEARN HOW TO NEGOTIATE AND
CLOSE DEALS JUST LIKE THE BEST
TRIAL LAWYERS IN THE WORLD.
- MITCH JACKSON, ESQ.
NEGOTIATION
NEGOTIATION IS A CONTINUING PROBLEM
SOLVING PROCESS. IT’S GETTING PEOPLE WITH
BOTH COMMON AND CONFLICTING INTE...
NEGOTIATION
GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL
EXCHANGES AND AGREEMENTS TO BE MADE
THAT GIVE ADDED VALUE TO RELATIONSH...
NEGOTIATION
GEORGE BERNARD SHAW ONCE
FAMOUSLY WROTE, “THE PROBLEM
WITH COMMUNICATION IS THE
ILLUSION THAT IT HAS OCCURRED.”
NEGOTIATION
TO BE AN EFFECTIVE NEGOTIATOR, YOU MUST
DEVELOP AND USE PEOPLE SKILLS. I SAY THIS
BECAUSE EFFECTIVE NEGOTIATIO...
NEGOTIATION
GOOD NEGOTIATORS LEARN HOW TO BUILD
RAPPORT AND TRUST SO THEY ARE ABLE TO
CONNECT WITH OTHERS.
NEGOTIATION
UNDERSTAND THAT THE OTHER PERSON DOES
NOT REALLY CARE HOW THE OUTCOME OF THE
NEGOTIATION AFFECTS YOU. THE OTHE...
NEGOTIATION
APPRECIATING THIS CRITICALLY IMPORTANT
FACT WILL PUT YOU LIGHT YEARS AHEAD OF
EVERYONE ELSE IN THE NEGOTIATION...
NEGOTIATION
BE KIND TO PEOPLE AND HARD ON ISSUES.
SEPARATE PEOPLE FROM THE PROBLEMS AND
SOLUTIONS.
NEGOTIATION
DEMEANOR CAN GET YOU MORE THAN
SUBSTANCE.
NEGOTIATION
NEGOTIATE WITH INTEGRITY. YOUR CAREER
WILL DEPEND ON IT.
NEGOTIATION
DON’T BURN BRIDGES. THIS IS ESPECIALLY
TRUE IF THERE IS A CHANCE YOU’LL BE
NEGOTIATING WITH THIS SAME PERSON O...
NEGOTIATION
BEFORE STARTING, KNOW…
•YOUR ULTIMATE GOAL
•WHAT YOU CAN WAIVE OR MODIFY
•WHAT YOU CAN GIVE AWAY WITHOUT ANY
I...
NEGOTIATION
BEFORE STARTING…
•CRAFT A SIMPLE STATEMENT YOU CAN USE TO
EXPLAIN THE GOAL OF THE NEGOTIATIONS.
SOMETHING YOU ...
NEGOTIATION
SOMETHING LIKE, “MY CLIENT IS INTERESTED
IN BUYING THE HOUSE AND YOUR CLIENTS ARE
INTERESTED IN SELLING THE HO...
NEGOTIATION
START YOUR NEGOTIATION WITH A POINT ON
WHICH YOU BOTH AGREE.
NEGOTIATION
AGREE ON…
•THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL
NEGOTIATION (BOTH WANT A RESOLUTION) AND
•THINGS OR ISSUE...
NEGOTIATION
GET INVOLVED- TAKE YOUR TIME AND TAKE
NOTES. THE OTHER SIDE WILL APPRECIATE YOU
TAKING THE TIME TO WRITE THING...
NEGOTIATION
TREAT NEGOTIATIONS LIKE A GAME. COME
ACROSS AS CARING ABOUT THE OUTCOME, BUT
NOT THAT MUCH.
NEGOTIATION
CONTROL YOUR EMOTIONS AND APPRECIATE
WHAT THE OTHER PERSON IS PROBABLY GOING
THROUGH. “EMOTIONS ARE IMPORTANT ...
NEGOTIATION
DEFLECT, REFLECT AND THEN SELECT. BEFORE
RESPONDING, LEARN HOW TO TAKE TIME AND
LET SOMETHING BOUNCE OFF YOU, ...
NEGOTIATION
TAP INTO THE OTHER PERSON’S BELIEF SYSTEM.
IN ALL NEGOTIATIONS THERE ARE GENERALLY
THREE TRUTHS: YOUR TRUTH, T...
NEGOTIATION
LISTEN 70% OF THE TIME AND TALK 30% OF
THE TIME.
NEGOTIATION
ACKNOWLEDGE THE OTHER PERSON’S EGO.
NEGOTIATION
SET THE PROPER FRAME. SMILE AND MAKE A
GOOD FIRST IMPRESSION. BE HONEST AND
REAL.
NEGOTIATION
COMMUNICATE WITH TACT AND EMPATHY.
“TACT IS THE ABILITY TO TELL A MAN HE HAS
AN OPEN MIND WHEN HE HAS A HOLE I...
NEGOTIATION
KEEP THE OTHER SIDE TALKING. ASK OPEN-
ENDED QUESTIONS. “WHAT DO YOU MEAN BY
THAT?”
NEGOTIATION
TWO OF THE BEST NEGOTIATORS I’VE EVER
SEEN ARE DOGS AND BABIES. THINK ABOUT
THIS FOR A MOMENT.
NEGOTIATION
UNDERSTAND YOUR STRENGTHS AND
WEAKNESSES AND ALSO THE OTHER SIDE’S
STRENGTHS AND WEAKNESSES.
NEGOTIATION
PERCEPTION IS EVERYTHING WHEN
NEGOTIATING.
NEGOTIATION
SHARE YOU POSITION VIA STORY TELLING.
REMEMBER, FACTS TELL BUT STORIES SELL.
NEGOTIATION
USE PICTURES, GRAPHICS AND VIDEOS TO
MAKE YOUR POINT.
NEGOTIATION
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.
NEGOTIATION
DRESS AND GROOM YOURSELF APPROPRIATELY.
BE ON TIME, PREPARED AND REMEMBER THE 6
PS:
PRIOR PREPARATION PREVENTS...
NEGOTIATION
NEGOTIATE IN PERSON WHEN POSSIBLE. OVER
THE PHONE IS OK. IN MOST INSTANCES, AVOID
NEGOTIATING BY EMAIL.
NEGOTIATION
REMEMBER THAT ABOUT 70% OF ALL
COMMUNICATION COMES FROM BODY
LANGUAGE, EXPRESSIONS AND EYE CONTACT.
NEGOTIATION
ON MAJOR ISSUES, NEVER NEGOTIATE FOR
YOURSELF. USE A THIRD PARTY.
NEGOTIATION
DO NOT INCLUDE PERSON WITH AUTHORITY
DIRECTLY IN THE NEGOTIATIONS. KEEP OPTION
OPEN, “I NEED TO RUN THAT BY MY...
NEGOTIATION
ALONG THE SAME LINES, DO NOT AGREE TO
NEGOTIATE WITH THE OTHER PERSON UNLESS
HE OR SHE HAS FULL AUTHORITY.
NEGOTIATION
NEVER TELL THE OTHER SIDE THEY ARE
WRONG. INSTEAD USE THIS, “I KNOW HOW
YOU FEEL. I USE TO FEEL THE SAME WAY. ...
NEGOTIATION
WHEN MAKING OFFERS, USE TIME SENSITIVE
DEADLINES AND MEAN IT.
NEGOTIATION
ALWAYS LEAVE A “BACK DOOR” OR “EXIT
STRATEGY” FOR THE OTHER PERSON. ALLOW
HIM OR HER TO SAVE FACE AND AVOID
EM...
NEGOTIATION
WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO
CLOSE THE DEAL. ASK FOR THE SALE OR
ULTIMATE DESIRED OUTCOME.
NEGOTIATION
AVOID BUYER REMORSE. IF DOCUMENTS ARE
NECESSARY, HAVE THEM READY TO GO AND
DON’T LEAVE UNTIL THEY ARE SIGNED A...
NEGOTIATION
REMEMBER, NEGOTIATION IS SIMPLY A DANCE.
BE PREPARED TO TANGO, WALTZ OR HIP HOP IF
YOU HAVE TO.
NEGOTIATION
CONTACT INFO:
LAW FIRM: JACKSONANDWILSON.COM
COMMUNICATION TIPS: MITCHJACKSON.COM
TWITTER: @MITCHJACKSON
NEGOTIATION
Negotiation- A Trial Lawyer's Negotiation Secrets!
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Negotiation- A Trial Lawyer's Negotiation Secrets!

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Negotiation tips from the 2013 California Litigation Lawyer of the Year (CLAY Award), Jon Mitchell Jackson. These are the same approaches 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!

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Negotiation- A Trial Lawyer's Negotiation Secrets!

  1. “LET US NEVER NEGOTIATE OUT OF FEAR. BUT LET US NEVER FEAR TO NEGOTIATE.” JOHN F. KENNEDY
  2. NEGOTIATION LEARN HOW TO NEGOTIATE AND CLOSE DEALS JUST LIKE THE BEST TRIAL LAWYERS IN THE WORLD. - MITCH JACKSON, ESQ.
  3. NEGOTIATION 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.
  4. NEGOTIATION GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL EXCHANGES AND AGREEMENTS TO BE MADE THAT GIVE ADDED VALUE TO RELATIONSHIPS OR A PARTICULAR SITUATION.
  5. NEGOTIATION GEORGE BERNARD SHAW ONCE FAMOUSLY WROTE, “THE PROBLEM WITH COMMUNICATION IS THE ILLUSION THAT IT HAS OCCURRED.”
  6. NEGOTIATION 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.
  7. NEGOTIATION GOOD NEGOTIATORS LEARN HOW TO BUILD RAPPORT AND TRUST SO THEY ARE ABLE TO CONNECT WITH OTHERS.
  8. NEGOTIATION 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.
  9. NEGOTIATION APPRECIATING THIS CRITICALLY IMPORTANT FACT WILL PUT YOU LIGHT YEARS AHEAD OF EVERYONE ELSE IN THE NEGOTIATION PROCESS.
  10. NEGOTIATION BE KIND TO PEOPLE AND HARD ON ISSUES. SEPARATE PEOPLE FROM THE PROBLEMS AND SOLUTIONS.
  11. NEGOTIATION DEMEANOR CAN GET YOU MORE THAN SUBSTANCE.
  12. NEGOTIATION NEGOTIATE WITH INTEGRITY. YOUR CAREER WILL DEPEND ON IT.
  13. NEGOTIATION 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.
  14. NEGOTIATION BEFORE STARTING, KNOW… •YOUR ULTIMATE GOAL •WHAT YOU CAN WAIVE OR MODIFY •WHAT YOU CAN GIVE AWAY WITHOUT ANY ISSUES.
  15. NEGOTIATION 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.
  16. NEGOTIATION 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?”
  17. NEGOTIATION START YOUR NEGOTIATION WITH A POINT ON WHICH YOU BOTH AGREE.
  18. NEGOTIATION AGREE ON… •THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL NEGOTIATION (BOTH WANT A RESOLUTION) AND •THINGS OR ISSUES YOU EACH HAVE IN COMMON.
  19. NEGOTIATION 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).
  20. NEGOTIATION TREAT NEGOTIATIONS LIKE A GAME. COME ACROSS AS CARING ABOUT THE OUTCOME, BUT NOT THAT MUCH.
  21. NEGOTIATION 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
  22. NEGOTIATION 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.
  23. NEGOTIATION 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.
  24. NEGOTIATION LISTEN 70% OF THE TIME AND TALK 30% OF THE TIME.
  25. NEGOTIATION ACKNOWLEDGE THE OTHER PERSON’S EGO.
  26. NEGOTIATION SET THE PROPER FRAME. SMILE AND MAKE A GOOD FIRST IMPRESSION. BE HONEST AND REAL.
  27. NEGOTIATION 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
  28. NEGOTIATION KEEP THE OTHER SIDE TALKING. ASK OPEN- ENDED QUESTIONS. “WHAT DO YOU MEAN BY THAT?”
  29. NEGOTIATION TWO OF THE BEST NEGOTIATORS I’VE EVER SEEN ARE DOGS AND BABIES. THINK ABOUT THIS FOR A MOMENT.
  30. NEGOTIATION UNDERSTAND YOUR STRENGTHS AND WEAKNESSES AND ALSO THE OTHER SIDE’S STRENGTHS AND WEAKNESSES.
  31. NEGOTIATION PERCEPTION IS EVERYTHING WHEN NEGOTIATING.
  32. NEGOTIATION SHARE YOU POSITION VIA STORY TELLING. REMEMBER, FACTS TELL BUT STORIES SELL.
  33. NEGOTIATION USE PICTURES, GRAPHICS AND VIDEOS TO MAKE YOUR POINT.
  34. NEGOTIATION 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.
  35. NEGOTIATION DRESS AND GROOM YOURSELF APPROPRIATELY. BE ON TIME, PREPARED AND REMEMBER THE 6 PS: PRIOR PREPARATION PREVENTS PISS POOR PERFORMANCE!
  36. NEGOTIATION NEGOTIATE IN PERSON WHEN POSSIBLE. OVER THE PHONE IS OK. IN MOST INSTANCES, AVOID NEGOTIATING BY EMAIL.
  37. NEGOTIATION REMEMBER THAT ABOUT 70% OF ALL COMMUNICATION COMES FROM BODY LANGUAGE, EXPRESSIONS AND EYE CONTACT.
  38. NEGOTIATION ON MAJOR ISSUES, NEVER NEGOTIATE FOR YOURSELF. USE A THIRD PARTY.
  39. NEGOTIATION DO NOT INCLUDE PERSON WITH AUTHORITY DIRECTLY IN THE NEGOTIATIONS. KEEP OPTION OPEN, “I NEED TO RUN THAT BY MY PARTNER…”
  40. NEGOTIATION ALONG THE SAME LINES, DO NOT AGREE TO NEGOTIATE WITH THE OTHER PERSON UNLESS HE OR SHE HAS FULL AUTHORITY.
  41. NEGOTIATION 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.”
  42. NEGOTIATION WHEN MAKING OFFERS, USE TIME SENSITIVE DEADLINES AND MEAN IT.
  43. NEGOTIATION 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).
  44. NEGOTIATION WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO CLOSE THE DEAL. ASK FOR THE SALE OR ULTIMATE DESIRED OUTCOME.
  45. NEGOTIATION 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.
  46. NEGOTIATION REMEMBER, NEGOTIATION IS SIMPLY A DANCE. BE PREPARED TO TANGO, WALTZ OR HIP HOP IF YOU HAVE TO.
  47. NEGOTIATION CONTACT INFO: LAW FIRM: JACKSONANDWILSON.COM COMMUNICATION TIPS: MITCHJACKSON.COM TWITTER: @MITCHJACKSON
  48. NEGOTIATION
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Negotiation tips from the 2013 California Litigation Lawyer of the Year (CLAY Award), Jon Mitchell Jackson. These are the same approaches 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!

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