The art of contract negotiation technique

In the art of negotiation, whether it is business or personal requires planning and execution. Unlike toddlers, who negotiate by crying and rolling around on the floor, adults need to employ a different skill set to get their point across. The following are some tips for successful negotiation.

Before the meeting be well rested and well fed- also visit the restroom before “entering the arena” as you don’t want a nature call to have you leave the room or adjourn the meeting early.

Wear comfortable, yet appropriate clothing- the commercial expression “don’t let them see you sweat” is never more applicable. A tight collar and or tie or a skirt that is being hitched or hiked that will cause you to fidget will detract from your image.

Focus on issues, not personalities- if you have to deal with persons you don’t like (or those you do like) it is tempting to let your thoughts about that person influence your behavior. Focusing on your goal and treating everyone as an equal will help matters become resolved in your favor. By treating all fairly you will avoid simmering about grudges or worrying about feelings, which can be an obstacle in your success.

Speak in supportive statements- Attach credibility to your statements by speaking in facts not feelings. Avoid sentences beginning with “I think” “I feel” or “In my opinion”. When stating facts, be prepared to quote your sources and elaborate or deflect questions meant to deflate your position. Being armed with facts stands up better than trying to justify feelings.

Listen (with more than your ears)- Listen for audible content but also watch the body language. Are your opponents sitting with an “open” body posture or are their arms tightly folded across their chest? Are they scratching their nose often in disbelief? Are they looking down or are they engaging you with their eyes in a game of “blink” to establish who is boss?

Find points of agreement to build on- pick up points that you agree upon and incorporate them into your presentation. An example would be “I agree with you on the importance of XYZ, and this is how the implementation of PDQ can benefit XYZ".

Choose your battles wisely and place some “decoy” items on the table- a trick popular with attorneys is to ask for much more than you want so that you can “sacrifice” superfluous or unreasonable items to gain ground for the important issues. Compromise with care on items important to you. Weigh carefully whether holding out will be in your best interest. Sometimes a speedy resolution isn’t the best.

Take minutes- Have someone tape or take minutes so that all that has been said is recorded. Reiterate that your responsibility will be and that you will execute your part right away. If in a business meeting you can end by saying “I will have this in a memo to distribute this afternoon” or “I will make the necessary phone calls to get this rolling right away”. If contracts are involved, have them ready on the spot or as soon as possible to get a signature to what has been agreed. Although most contracts have a “cooling off” period of three days or so, getting a written commitment to your settlement brings you that much closer to your goal.

End on a positive note - Shake hands and smile. A smile shows friendliness and confidence and that you are a great person to do business with, even if everyone in the room wasn’t altogether pleased with the outcome. Conversely, if you did not get all you wanted, don’t appear a bad sport. Focus on your “wins” and play down the losses. Take honest notes to yourself on your tactics and see how you can improve for next time.

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Salary Negotiation: Don't Be Emotional

One of the most difficult situations for an employee, is when he/she wants to ask for a salary raise. However, if you are well prepared and use the right approach then you can negotiate an amount of money that both you and your boss can be happy with. There's nothing wrong when asking for a raise, if you do it professionally.

And here are some suggestions:

First do some thinking. What are those negotiating techniques you could implement when asking for a salary raise? When is the best time to ask for a raise? What is the best way to ask for a raise? It all depends.

Stay focused. Prepare your mind for success. This is quite vital. If you don't expect your boss to listen to you then how do you expect to get a salary raise?

When negotiating your salary it's important to be flexible and have alternative plans. For example your boss may not offer you more money but different benefits like stock options, tuition reimbursement etc. Will you be happy then?

The majority of employers ask for a raise without even knowing their market. This is a big mistake. Do some salary and job research and see what other employees in your field earn. This will strengthen your position when negotiating your salary with your boss.

See what you worth in the market. You must think like a freelancer. Search for other job opportunities, talk to other companies, get offers, see what your value is in your area of expertise. You may need to make career moves. The bureau of labor statistics is a great resource. check it out.

Don't use your emotions to outsmart your boss. You will not win. Your boss is probably experienced enough to not fall for these techniques. Just don't bring emotions when negotiating your salary. Be professional and always give your boss enough time to think what he/she can do for you.

Take your future in your hands. Stop being manipulated by your employer. Get the salary raise you deserve using powerful psychological and other secret techniques. Make your plan, prepare yourself, start negotiating your salary and beat your boss! Good luck.

By Maria Markella

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11 Commandments For Smart Negotiating

By Lee Miller

The job market is the best it's been in 20 years. The Commerce Department estimates that U.S. businesses will need to hire one million new computer scientists, engineers, systems analysts and computer programmers by 2005. Yet graduates with degrees in computer science are being produced at a fraction of the rate needed. The Information Technology Association of America reports 190,000 current job openings for web experts and other information-technology specialists, and similar shortages are cropping up in other industries as well.
These market conditions provide a great opportunity to negotiate an excellent compensation package, but only if you understand how.
There are 11 basic commandments to help you negotiate the best possible deal when changing jobs, whether internally or with a new company. They are:

1. Be prepared. The more information you have about your market value and the prospective employer, the greater your likelihood of success. This is the first commandment because it's the most important. There's a wealth of information available on the Internet, at the public library and through professional associations and networking groups. Time spent learning how to negotiate and preparing for negotiations may be the best investment you'll ever make.
2. Recognize that employment negotiations are different. When the negotiations are over, you'll have to work with the person with whom you're negotiating. Moreover, your future success may depend on that person. So, while you want to negotiate the best possible deal, you need to do so in a way that doesn't damage your image. At the same time, the employer's primary concern isn't negotiating the least expensive compensation package it can get away with. Rather, their focus will be on getting you to accept the job.
3. Understand your needs and those of the employer. To be successful in this type of negotiation, you need to examine your priorities. What do you really want? Are you comfortable with a low salary and a large equity stake? Are you able to handle dramatic swings in income from year to year? Understanding your needs will also help you determine the type of company you want to work for. For example, a family-owned company may be able to offer a competitive salary and a large bonus based on results, but may not be willing to offer significant equity to a non-family member. A start-up company, on the other hand, may not be able to offer market salary, but will typically offer stock options. By recognizing what an employer can and can't do, you'll be able to determine what issues you should press.
4. Understand the dynamics of the particular negotiations. Sometimes you'll have skills that are in great demand. And sometimes, you may be one of several qualified candidates the company would be happy to hire. Sizing up the situation and understanding the relative position of each party will help you determine when to press your advantage and when to back off.
5. Never lie, but use the truth to your advantage. It's not only wrong to lie, but in employment negotiations, it's ineffective. If you lie during negotiations, sooner or later you're likely to be caught. Once you are, even if you don't lose the offer, you'll be at a tremendous disadvantage, and your credibility will always be suspect. On the other hand, total candor won't be rewarded. You're under no obligation to blurt out everything you know. You can determine what you want to say and how you want to say it, and try to put everything in its most positive light. One key element of your preparation should be to recognize areas of concern so you can rehearse how to handle them when they inevitably come up.
6. Understand the role fairness plays in the process. The guiding principle for most employers when negotiating is fairness. Within the constraints of their budget and organizational structure, employers usually will agree to anything that's fair and reasonable to hire someone they want. Appeals to fairness are your most powerful weapon. Thus, you should be able to justify every request you make in terms of fairness. For example, if other computer programmers in similar companies are being given sign-on bonuses, you should expect to be treated no differently. Your prospective employer will want you to accept its offer and feel that you've been treated fairly. Understanding the importance of fairness as a negotiating principle can make the difference between success and failure.
7. Use uncertainty to your advantage. The more information you convey to a potential employer about your bottom line, the more likely it will limit what you get. Before making an offer, a company typically tries to determine what it will take for you to accept the position. With that information, the prospective employer will be able to determine the minimum package it needs to offer. While they may not offer you as little as they can get away with, if you've divulged too much information, they likely won't offer you as much as they might have otherwise. By not disclosing exactly what your current compensation is or exactly what it would take to get you to leave your job, you'll force a potential employer to make its best offer.
8. Be creative. Consider the value of the total package. Look for different ways to achieve your objectives. Be willing to make tradeoffs to increase the total value of the deal. If you're creative, you can package what you want in ways that will be acceptable to the company. You'll also be able to find creative "trades" that allow you to withdraw requests that might be problematic to the company in return for improvements in areas where the company has more flexibility. That way, you can maximize the value of the package you negotiate.
9. Focus on your goals, not on winning. Too often in negotiations, the act of winning becomes more important than achieving your goals. And it's also important not to make your future boss feel as if he's lost in the negotiations. You'll have gained little by negotiating a good deal if you alienate your future boss in the process.
10. Know when to quit bargaining. The one sure way to lose everything you've obtained is to be greedy. There comes a point in every negotiation when you've achieved everything you could have reasonably expected to gain. While most companies will want to treat you fairly and make you happy, few companies want a to hire a prima donna. Being perceived as greedy or unreasonable may cause the deal to fall apart. Even if it doesn't, you'll have done immeasurable harm to your career. This brings us to the 11th and most important commandment:
11. Never forget that employment is an ongoing relationship. Job negotiations are the starting point for your career with a company. Get too little and you're disadvantaged throughout your career there; push too hard and you can sour the relationship before it begins.

Understanding these principles will allow you to effectively negotiate the terms of your new job. Then do your job well and continually seek out new challenges. As you take on added responsibilities and learn new skills, there will be opportunities to negotiate further improvements.

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