1. Negotiation: The Secret Sauce to Successful Negotiations
Presented By:
Glenn A. Browne, Esq.,
Braun, Browne & Associates, P.C.
Betsy Long, Esq.,
Win-Win Resolutions, LLC

2. Overview Preparation for Negotiation Negotiation Techniques and Tools
*See Appendix for slides from previous NRTA Negotiation Courses
Mock Negotiation
Review and Questions

3. COOKING PREPARATION Determine critical issues for both sides
Determine alternatives to primary positions
Determine give away or must have issues

4. KITCHEN PREPARATION Framework for the Negotiation
Prepare a written agenda or issues list; decide whether to share with other side.
Determine the type of negotiation (i.e., phone, in- person),
Try to find consensus on basic issues before addressing more contentious ones.
Look to find areas of agreement rather than pointing out areas of differences.
Try to first reach conceptual agreement rather than specific language agreement, then address specific language.

5. VARIATIONS TO THE RECIPE: Negotiation Techniques & Tools
1. “Silence.”
While sometimes uncomfortable, staying silent and waiting for other side to talk.
Partnership. Help me, help you.
Historical Reflection.
Using examples of real situations to persuade.

6. MORE RECIPE VARIATIONS:
4. Humor/Personal Anecdotes.
Use strategically as a common element to help ease tension or bridge the gap.
Logical Extension.
If you agree on “X”, then logically there should be agreement on “Y”.
Factual Clarifications.
Confirming facts to make sure both sides are talking about the same thing.

7. And, More Recipe Variations:
“Is There Any Way This Would Be Acceptable.” Getting the issue on to the table when the other side has told you it is a non-starter.
8. Using the “Non-Essential” Issue.
Giving on an issue not critical for you in order to get want you want a more critical issue.
9. The “Not My Fault”/“Corporate Policy.” Blaming others and/or corporate policy for an issue you do not want to give up.

8. FINALLY, ADD THE SECRET SAUCE!
LISTEN!
Don’t be thinking of your response before you’ve heard the other person’s statement
Do not talk over someone else
Keep an open mind to the other side’s position
Take detailed notes
Make a list of issues where there is not agreement
Eliminate potential interruptions (cell phones, etc.)
Determine next step(s)

9. MIX ALL THE INGREDIENTS AND START COOKING! The Mock Negotiation

10. Questions? Please fill out the evaluations.

11. Contact Information
Glenn A. Browne, Esq Betsy Long, Esq.
Braun, Browne & Associates, P.C. Win-Win Resolutions, LLC
300 Saunders Road, Suite Allendale Circle
Riverwoods, IL Fort Myers, FL 33912

12. Appendix The following slides were part of the
Basic Negotiation, Negotiation, and
Advanced Negotiation courses
presented at the
NRTA Annual Conferences

13. Challenges

14. The “Screamer”
Talk softly or go to silence
Address behavior directly

15. The “Ultimatum Giver” Reality Check Reframe and Confirm
Use facts and talk through consequences
Reframe and Confirm

16. Unrealistic Deadlines/Delay
Question or Test the Deadline
Use Deal Maker to help reduce delay

17. Off-track/“Agenda Departer”
Preparation
Distribute written agenda
Take the conversation back to agenda

18. The “Attention Getter”
Give positive/good will response
Keep focused on Agenda

19. The “Issue Stacker”/ “Issue Bundler”
Separate Out/Clearly Define Issues
Give on one issue to get an issue

20. Mischaracterization/ Redrafting Not As Negotiated
Call out differences
If repeats, follow up on conference calls/negotiations with confirmation s

21. Lack of Authority Ensure the right parties participate
Clarify at beginning of negotiation that all necessary parties are participating
- if not, decide how to move forward and on what issues

22. When Negotiations Fail (How to Get the Parties Back to the Table)
Issues or Personalities?
Is An Apology Needed?
Cooling Off Period
Get Others Involved
Too Many Cooks in the Kitchen?
Suggest New Game Plan/Alternative Method

23. Conducting the Negotiation
What are the pros and cons of different negotiation settings? (See Appendix)
Telephone Negotiation
Meeting Negotiation
Third Party Intermediary

24. Telephone Negotiation
Pros
Generally less time consuming and less costly.
Easier to say “no” if not face to face.
Easier to be more aggressive over the phone.
Easier for large group negotiations.
Easier to walk away.
Easier to postpone decisions by deferring to non-participating “higher authority.”
2. Cons
Hard to pick up non-verbal cues.
Harder to describe changes in a document or illustration.
Easier to misinterpret what is being said.

25. Meeting Negotiation 1. Pros
Parties are more committed to reaching a resolution.
Easier to pick up non-verbal cues.
More difficult to rely on having to ask higher authorities.
Easier to work on document/illustration together.
Easier to finalize agreement.
2. Cons
More expensive.
More difficult to have “side bar” discussions with others on your team.
More difficult to say “no” face to face.

26. Third Party Intermediary
1. Pros
Thirty party may have vested interest in positive outcome (commission).
Third party can save time by conducting due diligence on your behalf.
Third party may have positive personal relationship with other party.
Third party can defer to “higher authority.”
2. Cons
Usually not as effective as a face-to-face meeting of the parties.
Third party may not properly and completely articulate all of your requirements/positions.
Third party usually does not have complete decision making authority.

27. Negotiation Techniques
The “Set Aside”
The “Not My Fault”/“Corporate Policy”
Silence
“Take It or Leave It” Proposal
Using the “Non-Essential” Issue
“Is There Any Way that this Point Would be Acceptable”
Story Telling
Humor/Personal Anecdotes
Partnership
Logical Extension

28. Negotiation “DON’Ts” Don’t accept the first offer.
Don’t make a unilateral concession without having it recognized.
Don’t be first to state a price.
Don’t reveal that you have a deadline.
Don’t hinge the negotiation on a “take it or leave it” proposition.
Don’t make the negotiation personal.