Typically, whoever has the power in a negotiation is the winner. How do you establish power in a negotiation? Several ways. One is always to protect your downside. Whenever you have a conversation with anyone, no matter who it is (family member, friend, business associate, vendor, contractor, or customer), and an agreement is made that involves an exchange, make sure you get this agreement in writing.
Most people contact their attorney after they have a problem or contract dispute. Another way to protect your downside is to have your attorney review your agreements and contracts beforehand. Keeping you out of trouble is much easier and therefore much cheaper than getting you out of trouble. Ask your attorney for advice before, not after you get into trouble, and you will get into less trouble.
Before I enter into a negotiation or any type of business transaction, I do my best to find out how the other person is going to play. Do they play win/win or win/lose? I don’t want to be a shark; but I don’t want to the shark bait either. So the first thing I do is decide whether or not I can trust them.
How do you build trust? It depends. Again, there are two sides to a negotiation so what I do next depends on whether I am asking someone to do business with me or whether someone is asking me to do business with them.
If someone is asking me to do business with them, I very simply make a small agreement with them and see if they keep it. For example, I may say, “Can you please call me Tuesday at two?” If they do not call me Tuesday at 2 o’clock, I get suspicious. They have broken the first simple agreement. This is a red flag.
In this book, I have detailed all of the tips, tricks and best practices for interacting with other people that, if followed correctly, will give you the leverage you need to protect yourself from a shark and position yourself to get what you want out of a negotiation.