Negotiation by Tracy Brian

Author:Tracy, Brian
Language: eng
Format: epub
Publisher: AMACOM
Published: 2013-06-18T16:00:00+00:00

THIRTEEN

Clarify Your Positions—and Theirs

YOUR POSITIONS are the starting points. They include where you are coming from, where you are going, and how much or how little you can or will accept. These are your criteria or “boundary conditions,” as described in the Harvard Negotiation Project chapter. They are the constraints, the limits, the factors that must be dealt with and resolved in the agreement.

Your position consists of your best and worst outcomes, plus the minimum and maximum range of prices and terms that you can accept in reaching an agreement.

Clarity Is King

What are your essential conditions for a successful negotiation? What must you get out of this process in order to make it worthwhile? What are the most important things that you must not give up, no matter what happens? And what are you willing to concede in order to get your essentials?

What sort of tie-in concessions can you ask for or offer? The rule is to never give a concession in a negotiation without requesting another concession in return. If you concede anything in a negotiation without requesting something in return, the other party will consider this a sign of weakness and will demand additional concessions for that reciprocation.

Know What You Are Dealing With

What are the essential desires or outcomes of the other party? Do everything possible to discover and consider the other side’s minimums and maximums. What must they absolutely achieve or receive in this negotiation?

Some time ago, I negotiated a lease for office space. In my pre-negotiation analysis, after some research, I found that the owner could only lease the premises under certain terms and conditions. He had to receive a certain amount in the lease agreement or the mortgage holder would not approve it. With this information, I knew that the owner’s essentials were within specific parameters.

There were many factors in the lease agreement that could be negotiated by the landlord. But the basic rent was controlled by the mortgage holder. I could discuss the amount of free rent, parking, and so on with the building owner, but the rent had to be at a specific minimum or no approval was possible.

I also knew that the building owner was going through certain financial difficulties, and in order to keep the building, he had to lease out more than 80 percent of the building within a short time. Knowing the owner’s essential requirements made it possible for me to negotiate a much better lease in terms of tenant improvements, common-area expenses, and parking for my staff.

REVERSING THE SITUATION

One of the best ways to improve the results of any negotiation is for you to argue the case of your opponent before you begin preparing your own case.

In law school, students are taught to take the case of the opposing party and put together a complete argument based on the facts of the case as if they were acting for the other party. Only after they have prepared the case for the other party do they prepare their own case.

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