May 15, 2014
with
Mark Toth
Chief Legal Officer
North America
with
Mark Toth
Chief Legal Officer
North America
Everything ...
General Information
• Share the webinar
• Votes (polling questions)
• Rate (before you leave)
• Attachments (download)
Audio Problems?
The audio for this event is streaming
to your computer. If you can’t hear
through your computer speakers:
...
Earning HRCI Credit
To receive 1 HRCI for this webinar,
participants must attend the
webinar in its entirety
(one person p...
May 15, 2014
with
Mark Toth
Chief Legal Officer
North America
with
Mark Toth
Chief Legal Officer
North America
Everything ...
6
$856,972,641,328 of Negotiation Training
YOU on Negotiation
How to FAIL MISERABLY at Negotiation
How to SUCCEED WILDLY a...
Official Disclaimer
The presentation you are about to witness is intended as
general commentary only and should not be rel...
Tweet along:
#mpwebinar
Follow Mark on Twitter:
@manpowerblawg
Visit Mark’s Blawg:
marktoth.com
Find us on Facebook:
faceb...
9
Best Negotiation Training Ever
YOU
On Negotiation
11
On a scale of 1 (absolutely fear) to 10 (absolutely
enjoy), how do you feel about negotiating?Question
1 2 3 4 5 6 7 8 ...
12
In general, the result of a negotiation is …Question
Both Sides Win
One Side Wins
Both Sides Lose
79%
13%
8%
0 10 20 30...
13
Before I enter into a negotiation, I prepare my
negotiation strategy, study the other side’s
motivations, map out poten...
14
If you could share ONE negotiation tip
with the world, what would it be?Question
Virtually every tip has been incorpora...
How To LOSE
Every Negotiation
@manpowerblawg
Who said it?
Let us never negotiate out of fear.
But let us never fear to negotiate.
17
Negotiation Failure Factors
Fear
Greed
PrideEmotion
Myopia
Unarmed
BAD
DEALS
18Image Credit: Bocman1973 / Shutterstock.com
Never Ever Fall in Love With A Deal
Who said it?
Let us never negotiate out of fear.
But let us never fear to negotiate.
John F. Kennedy
PREPARE To Negotiate
Or Prepare To Lose
21
Pre-Negotiation Checklist: YOU
Sources: Getting to Yes by Roger Fisher & William Ury;
Negotiation by Richard Luecke
 W...
22
Pre-Negotiation Checklist: THEM
Sources: Getting to Yes by Roger Fisher & William Ury;
Negotiation by Richard Luecke
 ...
You must never try to take all the
money that’s in a deal. Let the other
fellow make some money too,
because if you have a...
Who said it?
414.751.0126
Your first name + answer
The TWO
Negotiation Models
What Type Of
Negotiation Is This?
NEGOTIATOR’S
DILEMMA
COMPETITIVE
(WIN / LOSE)
COLLABORATIVE
(WIN / WIN)
27Image Credit: Shutterstock.com / Bonchan
A Tale Of Two Pies
vs.
28
Is Win / Win Really Possible?
29Image Credit: Shutterstock.com / Preto Perola
Walk a Mile In Their Shoes
Have the integrity to press for a solution that...
J. Paul Getty
Building The
PERFECT Negotiator
32
The Negotiator Personality
HUMBLE yet assertive
POSITIVE yet realistic
PATIENT yet persistent
CREATIVE yet factual
INVE...
33
The Evolution Of The Negotiator
FROM TO
TEAM?
INFO?
COMMITMENTS?
Share minimum.
Surprises OK. Might
not commit if know ...
A. Sweeten the offer price
B. Promise a larger purchase
C. Take the deal as is
D. Threaten to walk away
E. None of the abo...
A. Sweeten the offer price
B. Promise a larger purchase
C. Take the deal as is
D. Threaten to walk away
E. None of the abo...
36
The best way to get
what you’re after in a
negotiation – sometimes the
only way – is to approach the
situation the way ...
37
Who?
What?
Where?
When?
Why?
How?
38
EYES on speaker
RESIST urge to blurt
Ask QUESTIONS to clarify
REPEAT main points
Take detailed NOTES
Listen And Learn
39
It is a well known
proposition that you know
who’s going to win a
negotiation: it’s he who
pauses the longest.
– Robert...
40
Know the CULTURE
Plan the FIRST IMPRESSION
You are how you SIT
Watch for INCONSISTENCIES
FACE TOUCH, BLINK listen close...
Every Negotiation Tactic
in the History of the Universe
A. Demand $1 million up front
B. Demand 7.5% of the profits
C. Demand a part in the movie
D. Nothing
A. Demand $1 million up front
B. Demand 7.5% of the profits
C. Demand a part in the movie
D. Nothing
44
ANCHOR if you think you know their ZOPA
COUNTERANCHOR if their anchor misses your ZOPA
You ASK you LISTEN they talk you...
45
DISENTANGLE people from the problem
FOCUS ON INTERESTS not positions
Invent options for MUTUAL GAIN
Insist on OBJECTIVE...
46
Can’t get if you don’t ASK
Know little, ASK FOR MUCH
Ask for your credible MAX
Have FACTS behind each ask
Don’t underst...
47
NEVER accept the first offer
NEVER counter a ridiculous bid
NEVER reveal your ZOPA
Bidding 101
NEVER bargain against yo...
48
Wait. Shut up. If you must talk, use facts.
Move only if clear ignoring ridiculous bid.
If used on you: “Exactly how mu...
49
GIVE concessions only if they RECIPROCATE
DON’T offer to SPLIT the difference
Watch CONCESSION PATTERNS
Bidding 201
Bew...
50
Higher authority OUTSIDE ROOM
DON’T SPECIFY (“team”)
Higher Authority
ASK them to specify theirs
If won’t, ask if will ...
51
Call them on it
Beware attorneys
Demand to speak to bad cop
Create your own
Good Cop / Bad Cop
52
Demand ITEMIZED COMPETITIVE BIDS
DON’T FALL IN LOVE with one bidder
Keep AT LEAST 2 in the fight
Seek BEST SERVICE at L...
53
KNOW your buyer
DIFFERENTIATE or die
Create actual VALUE
DON’T sell only on PRICE
Don’t be TOO GOOD TO BE TRUE
So, You’...
54
Only when reeeeeally MEAN IT
Usually causes severe HEEL DIGGING
Use HIGHER AUTHORITY instead
Always have FALL BACKS
Avo...
@manpowerblawg
What’s the absolute
toughest negotiation
you’ve ever had?
56
Use FACTS to show danger of not dealing
Put a PRICE on inaction
ASK questions to seek common ground
DON’T CONCEDE to co...
57
DON’T retaliate
Remain CALM
Call TIME-OUT
Demand NEW NEGOTIATOR
Consider MEDIATION or ARBITRATION
Negotiating With A Je...
58
Jerk negotiators get more
than nice negotiators.Question
Always
Usually
Sometimes
Rarely
Never
1%
15%
50%
29%
2%
0 10 2...
59
DON’T panic
PARK deadlocked issues
Create MOMENTUM on lesser issues
CHANGE dynamics, location, specs
Consider MEDIATION...
___% of concessions occur in
the final ___% of negotiations.
A. 20, 80
B. 50, 50
C. 80, 20
D. 99.999999999, .000000001
___% of concessions occur in
the final ___% of negotiations.
A. 20, 80
B. 50, 50
C. 80, 20
D. 99.999999999, .000000001
Sou...
62
80% of concessions occur in last 20%
If have power, set a ticking clock
Never reveal if have deadline
Find out if they ...
CLOSING
the Deal
64
If it ain’t in WRITING it didn’t happen
CONTROL the PAPER
Consider SMART metrics
Avoid NIBBLING
READ THE CONTRACT at le...
Best Negotiation
RESOURCES Ever
66
Best Negotiation Resources Ever
BOOKS
• Getting To Yes by Roger Fisher & William Ury
• Negotiation by Richard Luecke
• ...
The Negotiation
SING-ALONG
ManpowerGroup | Halloween 2012
Negotiation is easy
If you listen you’ll never get stuck
We wrote you this song
So please s...
ManpowerGroup | Halloween 2012
Preparation is always important
Know your side and the other side too
Use the checklists yo...
ManpowerGroup | Halloween 2012
Remember this song
And you’ll never go wrong
Your skills will certainly blossom
You’ll get ...
ManpowerGroup | Halloween 2012
Fear greed pride and emotion
Can wreck a deal please hear my plea
Ask questions galore
And ...
ManpowerGroup | Halloween 2012
Don’t be a jerk when you bargain
You might see those people again
Be humble and wise
And pl...
ManpowerGroup | Halloween 2012
Remember this song
And you’ll never go wrong
Your skills will certainly blossom
You’ll get ...
THANK
YOU!
Did you watch this webinar
as a recording?
Please request your certificate at
www.manpowergroup.us/requesthrci
Image credi...
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Everything You Ever Wanted To Know About Negotiation

  1. 1. May 15, 2014 with Mark Toth Chief Legal Officer North America with Mark Toth Chief Legal Officer North America Everything you ever wanted to know about negotiation (in 60 minutes or less)
  2. 2. General Information • Share the webinar • Votes (polling questions) • Rate (before you leave) • Attachments (download)
  3. 3. Audio Problems? The audio for this event is streaming to your computer. If you can’t hear through your computer speakers: US Dial-in Number: 1.877.809.7263 Passcode: 779 175 05#
  4. 4. Earning HRCI Credit To receive 1 HRCI for this webinar, participants must attend the webinar in its entirety (one person per computer).
  5. 5. May 15, 2014 with Mark Toth Chief Legal Officer North America with Mark Toth Chief Legal Officer North America Everything you ever wanted to know about negotiation (in 60 minutes or less)
  6. 6. 6 $856,972,641,328 of Negotiation Training YOU on Negotiation How to FAIL MISERABLY at Negotiation How to SUCCEED WILDLY at Negotiation Negotiation SING-A-LONG Valuable PRIZES and Much Much More
  7. 7. Official Disclaimer The presentation you are about to witness is intended as general commentary only and should not be relied upon or construed as legal advice. The views expressed are solely those of the presenter and not of ManpowerGroup. Failure to stay awake for the entirety of this presentation could result in long-lasting side-effects, including but not limited to negotiation anxiety, terrible deals, workplace discord, parenting problems, marital difficulties and/or potential international geopolitical military conflagration. Please consult with your own HR and Legal departments before making any major policy and/or procedure changes. You have been warned.
  8. 8. Tweet along: #mpwebinar Follow Mark on Twitter: @manpowerblawg Visit Mark’s Blawg: marktoth.com Find us on Facebook: facebook.com/manpowerUS
  9. 9. 9 Best Negotiation Training Ever
  10. 10. YOU On Negotiation
  11. 11. 11 On a scale of 1 (absolutely fear) to 10 (absolutely enjoy), how do you feel about negotiating?Question 1 2 3 4 5 6 7 8 9 10 Fear and loathing Neutral Love it 1% 3% 9% 9% 17% 15% 19% 13% 7% 6%
  12. 12. 12 In general, the result of a negotiation is …Question Both Sides Win One Side Wins Both Sides Lose 79% 13% 8% 0 10 20 30 40 50 60 70 80 90
  13. 13. 13 Before I enter into a negotiation, I prepare my negotiation strategy, study the other side’s motivations, map out potential gives and takes, determine my bottom line and get ready to walk away if necessary. Question Always Usually Sometimes Rarely Never 17% 41% 26% 13% 3% 0 10 20 30 40 50
  14. 14. 14 If you could share ONE negotiation tip with the world, what would it be?Question Virtually every tip has been incorporated into today’s presentation.
  15. 15. How To LOSE Every Negotiation
  16. 16. @manpowerblawg Who said it? Let us never negotiate out of fear. But let us never fear to negotiate.
  17. 17. 17 Negotiation Failure Factors Fear Greed PrideEmotion Myopia Unarmed BAD DEALS
  18. 18. 18Image Credit: Bocman1973 / Shutterstock.com Never Ever Fall in Love With A Deal
  19. 19. Who said it? Let us never negotiate out of fear. But let us never fear to negotiate. John F. Kennedy
  20. 20. PREPARE To Negotiate Or Prepare To Lose
  21. 21. 21 Pre-Negotiation Checklist: YOU Sources: Getting to Yes by Roger Fisher & William Ury; Negotiation by Richard Luecke  What type of negotiation is this?  Who’s our lead negotiator and negotiation team?  What’s the best possible result? The worst?  What must we get? What would we like to get?  What would we be willing to trade off?  What’s our zone of possible agreement (ZOPA)?  What’s our bottom line?  How will we measure and ensure success?  What post-deal challenges do we anticipate?  What’s our best alternative to a negotiated agreement (BATNA)?
  22. 22. 22 Pre-Negotiation Checklist: THEM Sources: Getting to Yes by Roger Fisher & William Ury; Negotiation by Richard Luecke  What do know about them? What else do we need to know?  What are their key motivators?  Who’s their lead negotiator and negotiation team?  What’s their best possible result? Their worst?  What must they get? What would they like to get?  What would they be willing to trade off?  What’s their zone of possible agreement (ZOPA)?  What’s their bottom line?  What’s their best alternative to a negotiated agreement (BATNA)?
  23. 23. You must never try to take all the money that’s in a deal. Let the other fellow make some money too, because if you have a reputation for always taking all the money, you won’t have many deals.
  24. 24. Who said it? 414.751.0126 Your first name + answer
  25. 25. The TWO Negotiation Models
  26. 26. What Type Of Negotiation Is This? NEGOTIATOR’S DILEMMA COMPETITIVE (WIN / LOSE) COLLABORATIVE (WIN / WIN)
  27. 27. 27Image Credit: Shutterstock.com / Bonchan A Tale Of Two Pies vs.
  28. 28. 28 Is Win / Win Really Possible?
  29. 29. 29Image Credit: Shutterstock.com / Preto Perola Walk a Mile In Their Shoes Have the integrity to press for a solution that is better for the other side. The most important thought you can have is not “What can I get them to give me?” It is “What can I give them that would not take away from my position?” When you give people what they want, they will give you what you want. – Roger Dawson
  30. 30. J. Paul Getty
  31. 31. Building The PERFECT Negotiator
  32. 32. 32 The Negotiator Personality HUMBLE yet assertive POSITIVE yet realistic PATIENT yet persistent CREATIVE yet factual INVESTIGATIVE yet relational
  33. 33. 33 The Evolution Of The Negotiator FROM TO TEAM? INFO? COMMITMENTS? Share minimum. Surprises OK. Might not commit if know all. The fewer the better. Keep others in dark so won’t derail. Key stakeholders. Improves info, deal and implementation. It’s our problem if they don’t deliver. Success is shared. Share. Surprises bad. Engagement, not gotchas. It’s their problem if they can’t deliver. Penalize noncompliance.
  34. 34. A. Sweeten the offer price B. Promise a larger purchase C. Take the deal as is D. Threaten to walk away E. None of the above
  35. 35. A. Sweeten the offer price B. Promise a larger purchase C. Take the deal as is D. Threaten to walk away E. None of the above
  36. 36. 36 The best way to get what you’re after in a negotiation – sometimes the only way – is to approach the situation the way a detective approaches a crime scene. – Deepak Malhotra Columbo Negotiation Image Credit: Shutterstock.com / Rynio Productions
  37. 37. 37 Who? What? Where? When? Why? How?
  38. 38. 38 EYES on speaker RESIST urge to blurt Ask QUESTIONS to clarify REPEAT main points Take detailed NOTES Listen And Learn
  39. 39. 39 It is a well known proposition that you know who’s going to win a negotiation: it’s he who pauses the longest. – Robert Court The More You Say, The More You Give Away Image Credit: Shutterstock.com / Rynio Productions Never forget the power of silence, that massively disconcerting pause which goes on and on and may last induce an opt to babble and backtrack nervously. – Lance Morrow
  40. 40. 40 Know the CULTURE Plan the FIRST IMPRESSION You are how you SIT Watch for INCONSISTENCIES FACE TOUCH, BLINK listen close Body Language 101
  41. 41. Every Negotiation Tactic in the History of the Universe
  42. 42. A. Demand $1 million up front B. Demand 7.5% of the profits C. Demand a part in the movie D. Nothing
  43. 43. A. Demand $1 million up front B. Demand 7.5% of the profits C. Demand a part in the movie D. Nothing
  44. 44. 44 ANCHOR if you think you know their ZOPA COUNTERANCHOR if their anchor misses your ZOPA You ASK you LISTEN they talk you LEARN CONCEDE STRATEGICALLY and begrudgingly AGREE if in ZOPA WALK AWAY if not Classic Win / Lose Approach
  45. 45. 45 DISENTANGLE people from the problem FOCUS ON INTERESTS not positions Invent options for MUTUAL GAIN Insist on OBJECTIVE CRITERIA Goal: WISE, EFFICIENT & AMICABLE deal Classic Win / Win Approach Source: Getting to Yes by Roger Fisher & William Ury
  46. 46. 46 Can’t get if you don’t ASK Know little, ASK FOR MUCH Ask for your credible MAX Have FACTS behind each ask Don’t understand? ASK til you do. Ask And You Might Receive
  47. 47. 47 NEVER accept the first offer NEVER counter a ridiculous bid NEVER reveal your ZOPA Bidding 101 NEVER bargain against yourself NEVER say “bottom line” unless you mean it
  48. 48. 48 Wait. Shut up. If you must talk, use facts. Move only if clear ignoring ridiculous bid. If used on you: “Exactly how much better?” Bad Offer: “You Gotta Do Better Than That.” Image Credit: Shutterstock.com / Styleuneed.de
  49. 49. 49 GIVE concessions only if they RECIPROCATE DON’T offer to SPLIT the difference Watch CONCESSION PATTERNS Bidding 201 Beware BOGEYS BE PATIENT: trust the process
  50. 50. 50 Higher authority OUTSIDE ROOM DON’T SPECIFY (“team”) Higher Authority ASK them to specify theirs If won’t, ask if will RECOMMEND Don’t let EGO get in the way
  51. 51. 51 Call them on it Beware attorneys Demand to speak to bad cop Create your own Good Cop / Bad Cop
  52. 52. 52 Demand ITEMIZED COMPETITIVE BIDS DON’T FALL IN LOVE with one bidder Keep AT LEAST 2 in the fight Seek BEST SERVICE at LOWEST PRICE Beware TOO GOOD TO BE TRUE So, You’re the Buyer
  53. 53. 53 KNOW your buyer DIFFERENTIATE or die Create actual VALUE DON’T sell only on PRICE Don’t be TOO GOOD TO BE TRUE So, You’re the Seller
  54. 54. 54 Only when reeeeeally MEAN IT Usually causes severe HEEL DIGGING Use HIGHER AUTHORITY instead Always have FALL BACKS Avoid Ultimatums COUNTER by testing, playing for time
  55. 55. @manpowerblawg What’s the absolute toughest negotiation you’ve ever had?
  56. 56. 56 Use FACTS to show danger of not dealing Put a PRICE on inaction ASK questions to seek common ground DON’T CONCEDE to convince Propose MEDIATION or ARBITRATION The Reluctant Bargainer
  57. 57. 57 DON’T retaliate Remain CALM Call TIME-OUT Demand NEW NEGOTIATOR Consider MEDIATION or ARBITRATION Negotiating With A Jerk
  58. 58. 58 Jerk negotiators get more than nice negotiators.Question Always Usually Sometimes Rarely Never 1% 15% 50% 29% 2% 0 10 20 30 40 50
  59. 59. 59 DON’T panic PARK deadlocked issues Create MOMENTUM on lesser issues CHANGE dynamics, location, specs Consider MEDIATION or ARBITRATION Get Past Impasse
  60. 60. ___% of concessions occur in the final ___% of negotiations. A. 20, 80 B. 50, 50 C. 80, 20 D. 99.999999999, .000000001
  61. 61. ___% of concessions occur in the final ___% of negotiations. A. 20, 80 B. 50, 50 C. 80, 20 D. 99.999999999, .000000001 Source: Secrets of Power Negotiation by Roger Dawson
  62. 62. 62 80% of concessions occur in last 20% If have power, set a ticking clock Never reveal if have deadline Find out if they have deadline Chill or lose The Ticking Clock Image Credit: Shutterstok.com / ULKASTUDIO
  63. 63. CLOSING the Deal
  64. 64. 64 If it ain’t in WRITING it didn’t happen CONTROL the PAPER Consider SMART metrics Avoid NIBBLING READ THE CONTRACT at least 77 times Done Deal
  65. 65. Best Negotiation RESOURCES Ever
  66. 66. 66 Best Negotiation Resources Ever BOOKS • Getting To Yes by Roger Fisher & William Ury • Negotiation by Richard Luecke • Secrets Of Power Negotiation by Roger Dawson • Winning Negotiations by Harvard Business Review TV / MOVIES • The Good Wife • Hotel Rwanda • Lincoln • Thirteen Days
  67. 67. The Negotiation SING-ALONG
  68. 68. ManpowerGroup | Halloween 2012 Negotiation is easy If you listen you’ll never get stuck We wrote you this song So please sing along If you don’t your deals will all suck
  69. 69. ManpowerGroup | Halloween 2012 Preparation is always important Know your side and the other side too Use the checklists you got They’ll help you a lot You’ll always know just what to do
  70. 70. ManpowerGroup | Halloween 2012 Remember this song And you’ll never go wrong Your skills will certainly blossom You’ll get what you need And your deals will always be awesome
  71. 71. ManpowerGroup | Halloween 2012 Fear greed pride and emotion Can wreck a deal please hear my plea Ask questions galore And then listen some more Practice patience and humility
  72. 72. ManpowerGroup | Halloween 2012 Don’t be a jerk when you bargain You might see those people again Be humble and wise And please realize That the best deals are truly win-win
  73. 73. ManpowerGroup | Halloween 2012 Remember this song And you’ll never go wrong Your skills will certainly blossom You’ll get what you need And your deals will always be awesome
  74. 74. THANK YOU!
  75. 75. Did you watch this webinar as a recording? Please request your certificate at www.manpowergroup.us/requesthrci Image credits: Shutterstock.com

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