Secrets of the Country's Most Successful -- and Nicest --
Negotiator
Ronald Shapiro, Esq.
Shapiro Negotiations Institute

ou negotiate every day, whether it’s making
decisions with your spouse, haggling over the price of a sales item
or booking a hotel and bargaining for a better deal. Many of my
clients dislike the process because they feel they need to
manipulate others to get what they want.
Over the course of my career, I’ve made successful deals for
clients ranging from Fortune 500 companies to police departments
facing racial conflicts. I’ve negotiated more than a billion
dollars worth of contracts for professional athletes. But I never
burned bridges nor sacrificed my integrity. In fact, being nice
helped me achieve more of my goals and build relationships with
less stress and greater returns.
MY "WIN/win" STRATEGY
It’s common to think of negotiation as a onetime, "zero-sum
event" -- with the goal being I win, you lose. But most "deals" in
your professional and personal lives are really daily, monthly or
yearly pieces of larger or ongoing deals. If you have an annual
family tussle over where and how to spend the holidays, you know
what I mean.
Better: Instead of trying to
dominate the other person in a negotiation, make the best deal you
can for yourself by helping him/her get what he wants. I call this
a WIN for you, a win for him.
Example: You go to your local
electronics store to purchase a certain DVD player. You don’t want
to spend more than $150, but the salesman refuses to accept less
than $200. At this point, many buyers will walk out, threatening to
never shop there again... cave in and spend the extra money... or
buy a different brand that they don’t like as much. Instead, you
notice a floor model on display. You offer the salesman $125 for
the floor model, but to protect yourself, you ask him to give you
the $99, three-year extended warranty for just $25. He agrees.
Result: You walk away with your
DVD player at your price without being a pushover. And, the deal is
acceptable to the salesman because you helped him get what he
wanted -- a sale.
CREATING A WIN/win NEGOTIATION
Before the negotiation...
Identify what you really
want. Example: You decide to sell your
house and relocate. You spend months in fruitless negotiations with
buyers because you refuse to budge on your price, which is the same
amount your neighbor down the street sold his house for.
Better: Realize that what you
really want is to make enough money to meet your financial goals
and buy your next house on your timetable, regardless of whether
your sale price is the highest in the neighborhood.
Weigh the alternatives. If you realize
there are several possible solutions that can satisfy you, you’ll
be less dependent on one kind of outcome. For example, back in the
electronics store, what would have happened if the salesman had
refused your offer to buy the floor model of the DVD player? If you
had considered that possibility beforehand, you could have brought
along enough money to offer cash for it -- which would let the
store avoid paying a fee for accepting your credit card
payment.
Know your walk-away number. Figure out at
what point the only satisfying outcome is not to do any deal at
all. Face this tough question in advance -- otherwise you risk
becoming emotionally involved during negotiations and lowering your
expectations as the deal progresses.
During the negotiation...
Build a relationship -- even if
short-term. Look for common ground (for example, "Do
you live in the area too?"... "My friend thinks highly of your
work"). This builds trust and encourages the other person to
believe that you won’t ignore his needs.
Find out what the other side wants. The
more information you have about the other party’s expectations, the
easier it is to come up with solutions for a mutually satisfying
deal. Effective techniques...
Ask
the other party lots of questions, the same ones you asked yourself
beforehand. Ask him about his ideal outcome. What alternatives to
his ideal outcome might be acceptable? What’s his walk-away number?
He may not tell you, but it doesn’t hurt to ask.
Ask
the person to restate what he just said. It’s amazing how often the
restatement turns out to be different from the original. People
tend to explain more each time they state their positions, to give
more details, to soften their stances and even offer options to
what previously seemed like a hard line.
Phrase potentially confrontational questions and
statements neutrally. Ask, "Aren’t you charging me
more than we agreed?," not "You’re ripping me off, aren’t you?"
Speak hypothetically to soften your suggestions. Use phrases like
"Just suppose... "
Making an offer...
Let the other person speak first. This
works best in price negotiations where you know the other person
has a range of prices he may agree to, such as in a salary
negotiation.
Reason: If you make the initial
offer, you might be setting your sights too low. Even if the offer
you get is far less advantageous than you hoped for, you now have a
minimum on which to build.
Never make an offer without knowing where you’re willing
to go next. If you know where and what you can
concede, you’ll never feel like you were ripped off. The deals you
make will feel satisfying because they fall within the parameters
of your plan.
If negotiations reach an impasse or turn
negative...
Use the "finger-on-the-lips" move. If I
feel that I’m about to blurt out words that I’ll regret, I put my
finger up to my mouth. To anyone else, it just looks like I’m
thinking. I follow that action with some deep breaths. Then I
switch the tape in my head from an insecure voice to one that is
pumping positive mantras, such as, "I can handle this. I’m not
going to take it personally."
Ask, "What would you do if you were on my side of the
table?" Getting the other party to see things through
your eyes can help lift him out of an entrenched
position. Hint: If the other party responds, "If
I were you, I’d take the deal I’m offering," probe further. Ask,
"How do you think that would benefit me? "
Change environments. Sometimes moving to a
different location can break negative momentum and create a new
atmosphere for the negotiations.
Example: Several years ago, I was
negotiating a deal for Cal Ripken, Jr., the soon-to-be Hall-of-Fame
baseball player, with his team, the Baltimore Orioles. The Orioles
owner proposed a salary of $20 million over four years -- what top
shortstops were earning. We wanted a five-year deal worth almost
$50 million, on par with the top players regardless of position.
The team owner and I were deadlocked, $30 million apart, so I moved
the negotiations from my Baltimore offices to my farm in Butler,
Maryland. The fresh air and laid-back environment allowed each side
to confess its real needs and pave the way for a
deal. Upshot: We reached a five-year, $32.5
million deal in which the Orioles agreed to provide post-career
compensation guarantees, which added dollars to the overall
contract but did not raise Ripken’s pay for active years.
Everyone won. Cal got immediate and post-career security. The
Orioles kept their Hall of Famer without having to make him the
highest-paid player in baseball.
Best way to finish up after the deal is made...
Lay the groundwork for a continuing relationship. Compliment the
other party, either in person or on the phone, on his negotiating
skills that helped lead to a fair deal for both of you. For
instance, over the course of my career, I’ve gone on to represent
many ballplayers in negotiation with the Baltimore Orioles,
including three other Hall of Famers.