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A Trial Lawyer’s Negotiation Secrets!

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A Trial Lawyer’s Negotiation Secrets! 3 Decades of Tips and approaches


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


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


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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.


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


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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.


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Negotiation Good negotiators learn how to build rapport and trust So They are able to connect with others.


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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.


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


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


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Negotiation Demeanor can get you more than substance.


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Negotiation Negotiate with integrity. Your career will depend on it.


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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.


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Negotiation Before starting, know… your ultimate goal what you can waive or modify what you can give away without any issues.


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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.


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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?”


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


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Negotiation 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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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).


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


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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


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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.


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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.


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


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Negotiation Acknowledge the other person’s ego.


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


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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


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


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


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


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Negotiation Perception is EVERYTHING when Negotiating.


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


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Negotiation Use pictures, graphics and videos to make your point.


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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.


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Negotiation Dress and groom yourself appropriately. Be on time, prepared and remember the 6 ps: prior preparation prevents piss poor performance!


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


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


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


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


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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.”


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


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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).


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


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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.


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


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Negotiation Contact Info: Law Firm: JacksonandWilson.com Communication Tips: MitchJackson.com Twitter: @MitchJackson


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Negotiation


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