- Don’t be afraid to have a difficult conversation.
- Build some level of affiliation with the other party and be nice.
- Know your goal.
- Find the proper balance between collaboration and success versus the allocation of blame and the consequences of failure.
- Prepare Diligently—Confident enough to perform…humble enough to prepare.
- Target those issues with a high probability of occurrence and high impact. For everything else, put your best foot forward.
- Move swiftly but not recklessly—time is never a good reason to make a bad decision.
- Control your destiny. Carefully manage and mitigate risks you don’t control.
- Only agree to provisions you intend to fully enforce during the term.
- Use inquiry versus advocacy—check your bias at the door. Seek to understand versus seeking to be understood.
- Be a good LIAR—listen, inquire, acknowledge, and respond.
- Rather than saying no…under what conditions might you say yes?
- Know your BATNA and estimate theirs (Be Honest) before you sit down at the table.
- If you are going to assert your BATNA, make sure you are fully prepared for the consequences that may result from doing so.
- Think of negotiation as a puzzle to be solved not a battle to be won.
- Don’t assume your interest’s conflict with those of the other party.
- The question is not what you look at but what you see.
- Separate the relationship from the substance of the negotiation. Don’t get entrapped by the relationship. Remember you can maintain a good relationship with your client AND remain principled, disciplined, and fact-based during the negotiation process.
- Have someone in the balcony.
- Document your progress – use decision records and celebrate small victories.
- When negotiating, try to find the balance between empathy (seeking to understand the other party’s perspective and expressing it in a non-judgmental manner) and assertiveness (expressing and advocating for your own needs, interests, and perspectives.