Business Negotiations


Author: Ian Bishop

The myth

Most training courses in negotiation will advise you that the "win/win" result is always what you should aim for. That's when both parties feel they have done well out of the deal, and both want the other to do well, too. It's a myth because only if both parties want it, is it possible to achieve a result that satisfies them both.

Tip one- watch out for "animals"

All too often, in my experience, the other side's version of "win/win" is that they win twice! So my first tip in this article is to try and work out what kind of negotiator you are facing. If they are genuinely seeking a mutually satisfactory result, then work towards one. But if they are the kind of negotiator that only feels satisfied if they have "won" and you've been destroyed, then defend yourself and fight for your life! And if you are facing one of the "animals" of the business world, and you need the negotiations to result in a long term partnership of some kind, you've got a problem. It may well be best to walk away before the negotiations start, because the two parties will never be happy together!

Tip 2- think about the power balance

As part of your preparations you need to think about where the power lies. If you are "buying", how eager will the other side be to make a sale? Do you have alternative possible suppliers who might be more eager? If you are "selling", try and work out whether you have genuine competition for the deal, or whether you have some competitive advantage that will push the prospective customer towards you. Your analysis won't be perfect, but this sort of thinking will help you evaluate the negotiating process as you go through it.

Tip 3- get the legal advice early

If you are about to negotiate a contract that will, in the end, have to be vetted by a lawyer before being signed, you will find that it's best to get legal guidance before the negotiations, rather than after. You will present yourself as much more authoritative if you know ahead of time what the lawyer will expect to see in the agreement you negotiate, and this will add to your power in the actual negotiating process.

Tip 4- define your objectives, and your absolute minimum result, in advance

Before you start negotiating, you should always be clear in your own mind what a satisfactory result would be. You need to be clear on your minimum; below this level you don't do business. Check out with your co-decision-makers, and your boss if the deal is a big one, where they think the line should be drawn. Stick to it; keep it at the forefront of your thinking during the negotiations, but never on any account let the opposition know where your limit is, because that would inevitably become their maximum!

Tip 5- take your time

You don't need to rush. If you ever start to feel that the other side is rushing, maybe pushing deadlines at you, then be very careful in case this is a tactic to "bounce" you into a deal that you might live to regret! If you need time to think, or make calculations, or consult others, then take it. Call a "time-out", go off into another room, and do what you need to do, in your own time. It's particularly important if there are several of you in a negotiating team to take regular breaks, so that you can consult and agree future tactics.

Tip 6- keep the whole deal in view

Try to remember all the possible elements of the deal, and make sure that both parties agree them all. It's humiliating, and sometimes catastrophic, if you agree a deal but find you have to re-start the negotiations because some element of the deal got lost along the way. If you are a seller, keep summarising the negotiation, mentioning all the elements of the proposal you are trying to sell. If you are a buyer, try to get as much as possible free, included without extra charge in the overall deal.

Tip 7- keep notes

When something is agreed, write it down. After the meeting write to the other party to confirm the agreements made. Remember the old saying; "If it's not written down, it didn't happen."

Tip 8- take care with language

And finally,when you are re-reading a contract just before signing it, remember that words matter, especially in contracts where lawyers are involved. Many legal words have unusual or unexpected meanings. Reading a lawyer's contract can seem quite like reading a foreign language.

If your contract is written in English, as so many international agreements are, and English is not your mother tongue, you need to be especially careful. English is a really flexible language, and is capable of both great precision and great vagueness!

But please remember that if you are in contact with the Aim team you can always get advice from them on any important document.

Ian manages Aim for English, a Jakarta-based language training provider. He also writes articles on education, business, and technology.


More Resources

Unable to open RSS Feed $XMLfilename with error HTTP ERROR: 404, exiting

More Negotiation Information:

Related Articles

How To Make An Inflexible Bureaucrat See You As A Person
Inflexible Bureaucrats Are Characterized by:1. Cares little about your happiness in life2.
The Six Rs for Changing MInds and Overcoming Resistance
This article borrows from Howard Gardner's book, "Changing Minds" (2004). In order to get people in conflict to cooperate or collaborate sufficiently to settle or resolve their differences, and perhaps achieve reconciliation, it is necessary that they change their minds.
Making the Deal: Women as Negotiators
Negotiating is no game. It is not for the weak or the fragile.
A One Stop Financial Solution
Amy Wright, 34, was extatic when her realtor showed her the three bedroom townhome overlooking the lushious golf course. It was exactly the home she was looking for.
Dont Be Afraid Of Silence
In any conversation with two or more people, there is a tendency to want to talk all the time to fill any awkward silences or gaps that appear in a conversation.However, if you think of the conversations that you have with your closest friends or family, you will notice that there isn't the same need to fill these gaps, as silences between you are comfortable.
Negotiate to Your Advantage
The hardest and most important part of any negotiation is knowing when to walk away.Few things are sweeter than a successful negotiation session where both parties leave the table with a winning solution.
Communicating Across Time Horizons
There was a time in my life when I sold life insurance. Well, to be frank, I tried to sell life insurance.
Guidelines for Ambassador Appointments
Ambassadors to other countries are a vital part of international relations. It is not uncommon for an ambassador to be the face or image of one country to another.
Ask for More - You May Get More
If you are involved with sales, how do you feel when you hear phrases such as, "Can you do anything about your price?" or, "You'll have to do better than that." and variations on these? Does a cloud or two cross the sun? You start to think, "here we go again?.
Just Ask!
Ask and you shall receive & knock and it shall be opened &send an email and see what happens.As a student of personal finance you are probably familiar with the advice to negotiate with your credit card companies to get a lower interest rate.
30 Tips for Keeping Meeting Expenses to a Minimum
Money makes the world go 'round. And when it comes to meeting planning, money can probably get you whatever you want.
Avoiding and Accomodating in Negotiation
The avoiding approach to negotiating is characterized by losing, leaving, and withdrawing. No commitments are made, and behavior is impersonal.
Embarrassed To Discuss Your Prices? Seven Common Reasons We Cant Talk About Them
Last week, a wonderfully-skilled electrician installed a new light fixture for us. He was competent, courteous and efficient.
Win-Win Power Negotiating
Let's talk about win-win negotiating. Instead of trying to dominate the other person and trick him into doing things he wouldn't normally do, I believe that you should work with the other person to work out your problems and develop a solution with which both of you can win.
The Most Powerful Persuasion Skill Youll Ever Learn
Criteria ElicitationThis is without a doubt the most important persuasion skill that you can learn. If you'll learn to apply this to every situation in which you find yourself you'll be amazed at the positive results! Many of the hypnotic skills I'll be sharing with you have a parallel in old sales training techniques.
Barter and Its Benefits
What is Barter?Barter involves 2 parties. Each party wants to trade with each other and instead of exchanging cash for products or services, the exchange is carried out with products or services that each possesses.
Negotiations: The Art, Science, & Sport of Online Deals
Negotiations can seem as complex as physics, and in fact, people go to college to study the science of negotiating just as they would the laws of nature. At the same time, negotiation is like an ancient art form, some sort of Zen mental jujitsu.
Where to FIND the BEST Employees --
Obviously, you might logically say, "that is good!" You would most certainly be on track feeling good about everyone in your area having a job. Getting everyone working and being more self-sufficient is our logical goal.
Power Pricing - Getting the Right Price for Your Products and Services
There's an old joke about the New York City blackout. Power was out everywhere, and the electric company couldn't figure out what was wrong or how to fix it.
Are You Scaring Away Potential Customers?
When you are trying to make a sale and ask someone to fill out a credit application and new account form, do your potential customers turn around and run to the competition?Author Michelle Dunn, in her new book "Become the Squeaky Wheel," explains how you can avoid scaring customers away and keep them coming back. First, find out what your competition is doing, do they have a credit policy? If they do, what is included? What does their credit application look like? How many forms do new customers have to fill out? Do they have good paying customers? Look online, a lot of business website will have their credit applications available online.