Everything You Ever Wanted To Know About Negotiation

April 7, 2023

withMark TothChief Legal OfficerNorth America

withMark TothChief Legal Officer

North America

Everything you ever wanted to know about negotiation

(in 60 minutes or less)

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April 7, 2023

withMark TothChief Legal OfficerNorth America

withMark TothChief Legal Officer

North America

Everything you ever wanted to know about negotiation

(in 60 minutes or less)

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$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

Official DisclaimerThe 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.

Tweet along: #mpwebinar

Follow Mark on Twitter: @manpowerblawg

Visit Mark’s Blawg:marktoth.com

Find us on Facebook: facebook.com/manpowerUS

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Best Negotiation Training Ever

YOU On Negotiation

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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%

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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

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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

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If you could share ONE negotiation tipwith the world, what would it be?Question

Virtually every tip has been incorporated into today’s presentation.

How To LOSEEvery Negotiation

Tweet-o-Rama@manpowerblawg

Who said it?Let us never negotiate out of fear. But let us never fear to negotiate.

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Negotiation Failure Factors

Fear

Greed

PrideEmotion

Myopia

Unarmed

BADDEALS

18Image Credit: Bocman1973 / Shutterstock.com

Never Ever Fall in Love With A Deal

Tweet-o-RamaWho said it?

Let us never negotiate out of fear. But let us never fear to negotiate.

John F. Kennedy

PREPARE To NegotiateOr Prepare To Lose

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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)?

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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)?

Agree or disagree?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.

Text-o-RamaWho said it?

414.751.0126

Your first name + answer

The TWONegotiation Models

What Type OfNegotiation Is This?

NEGOTIATOR’SDILEMMA

COMPETITIVE(WIN / LOSE) COLLABORATIVE

(WIN / WIN)

27Image Credit: Shutterstock.com / Bonchan

A Tale Of Two Pies

vs.

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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 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

Text-o-Rama

J. Paul Getty

Building ThePERFECT Negotiator

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The Negotiator PersonalityHUMBLE yet assertive

POSITIVE yet realistic

PATIENT yet persistent

CREATIVE yet factual

INVESTIGATIVE yet relational

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The Evolution Of The NegotiatorFROM 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.

What do YOU do?A. Sweeten the offer priceB. Promise a larger purchaseC. Take the deal as isD. Threaten to walk awayE. None of the above

What do YOU do?A. Sweeten the offer priceB. Promise a larger purchaseC. Take the deal as isD. Threaten to walk awayE. None of the above

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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

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?Who?What?Where?When?Why?How?

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EYES on speaker

RESIST urge to blurt

Ask QUESTIONS to clarify

REPEAT main points

Take detailed NOTES

Listen And Learn

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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 maylast induce an opt to babble and backtrack nervously.– Lance Morrow

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Know the CULTURE

Plan the FIRST IMPRESSION

You are how you SIT

Watch for INCONSISTENCIES

FACE TOUCH, BLINK listen close

Body Language 101

Every Negotiation Tacticin the History of the Universe

What would YOU do first?

A. Demand $1 million up frontB. Demand 7.5% of the profitsC. Demand a part in the movie D. Nothing

What would YOU do first?

A. Demand $1 million up frontB. Demand 7.5% of the profitsC. Demand a part in the movie D. Nothing

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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

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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

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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

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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

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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

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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

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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

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Call them on itBeware attorneysDemand to speak to bad copCreate your own

Good Cop / Bad Cop

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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

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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

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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

Tweet-o-Rama@manpowerblawgWhat’s the absolute toughest negotiation

you’ve ever had?

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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

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DON’T retaliate

Remain CALM

Call TIME-OUT

Demand NEW NEGOTIATOR

Consider MEDIATION or ARBITRATION

Negotiating With A Jerk

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Jerk negotiators get more than nice negotiators.Question

Always

Usually

Sometimes

Rarely

Never

1%

15%

50%

29%

2%

0 10 20 30 40 50

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DON’T panic

PARK deadlocked issues

Create MOMENTUM on lesser issues

CHANGE dynamics, location, specs

Consider MEDIATION or ARBITRATION

Get Past Impasse

Fill in the blank:___% of concessions occur in the final ___% of negotiations.A. 20, 80B. 50, 50C. 80, 20D. 99.999999999, .000000001

Fill in the blank:___% of concessions occur in the final ___% of negotiations.A. 20, 80B. 50, 50C. 80, 20D. 99.999999999, .000000001

Source: Secrets of Power Negotiation by Roger Dawson

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80% of concessions occur in last 20%If have power, set a ticking clockNever reveal if have deadlineFind out if they have deadlineChill or lose

The Ticking Clock

Image Credit: Shutterstok.com / ULKASTUDIO

CLOSINGthe Deal

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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

Best NegotiationRESOURCES Ever

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Best Negotiation Resources EverBOOKS• 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

The NegotiationSING-ALONG

ManpowerGroup | Halloween 2012

Negotiation is easyIf you listen you’ll never get stuck

We wrote you this songSo please sing along

If you don’t your deals will all suck

ManpowerGroup | Halloween 2012

Preparation is always importantKnow your side and the other side too

Use the checklists you gotThey’ll help you a lot

You’ll always know just what to do

ManpowerGroup | Halloween 2012

Remember this songAnd you’ll never go wrong

Your skills will certainly blossomYou’ll get what you need

And your deals will always be awesome

ManpowerGroup | Halloween 2012

Fear greed pride and emotionCan wreck a deal please hear my plea

Ask questions galoreAnd then listen some more

Practice patience and humility

ManpowerGroup | Halloween 2012

Don’t be a jerk when you bargainYou might see those people again

Be humble and wiseAnd please realize

That the best deals are truly win-win

ManpowerGroup | Halloween 2012

Remember this songAnd you’ll never go wrong

Your skills will certainly blossomYou’ll get what you need

And your deals will always be awesome

THANKYOU!

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