Negotiating Skills Ask For More Than You Expect To Get

Writen by Richard Cunningham

It creates some negotiating room, and you might just get what you're asking for.

Whether playing the role of buyer or seller in a sales transaction, asking for more than you expect to get is a classic opening position in negotiations.

In the audio book, "Sound Advice on Negotiating Skills," author Roger Dawson says, "Henry Kissinger called this the key to success at the bargaining table." It's simple, notes Dawson, but there are many profound reasons for doing it.

"It creates some negotiating room that makes it easier to get what you really want," says Dawson. "It creates a climate where the other person can have a win with you." This climate can prevent negotiating deadlocks, especially when dealing with an egotistical negotiator, according to Dawson.

"When you're selling, it raises the perceived value of your product or service," says Dawson. However, some salespeople are so eager to reach agreement that they soften their opening negotiating position. "They hope that by doing this the client will appreciate how generous they've been," says Dawson. "The danger in this is that the client may instead think, 'If they've given us this much, we can get a lot more; let's be tough negotiators.'"

The solution, says Dawson – a renowned speaker and author of the book, "Secrets of Power Negotiating for Salespeople" – is to "ask for more than you expect to get, but imply some flexibility so that you can encourage them to negotiate with you."

Roger Dawson offers negotiating skills advice each week in the free audio newsletter from What's Working in Biz, http://www.whatsworking.biz/full_story.asp?ArtID=92

About The Author

Richard Cunningham is a principal of What's Working in Biz, http://www.whatsworking.biz, a publisher of business audiobooks and online audio programs on marketing, sales, and small business strategies.

Billing Tips For The New Expert Witness

Writen by Margaret Grisdela

How much should I charge for my expert witness services? It's an important question that will determine the success of your consulting practice.

You can establish competitive pricing levels in several ways. One way is to discretely conduct some research to find out what other experts are charging. Another way is to review pertinent court records, since experts have to disclose their rates as part of their Rule 26 or equivalent reports.

SEAK publishes a reference book that you might find useful in creating your rate structure. Ask for the "National Guide to Expert Witness Fees and Billing Procedures," written by Alex Babitsky, MBA, Steven Babitsky, Esq., and James J. Mangraviti, Jr., Esq.

Now that you have a better sense of how to set your hourly rates, here are five tips to help you prepare a competitive rate card:

1. Get it in writing! Always start with a letter of engagement that clearly identifies your rates and business terms. You want to be entirely clear on how and when you will get paid.

2. Establish a minimum. Regardless of the job size, you have to set all your other work aside in order to concentrate on every new case. Consider setting a 5 or 10 hour minimum for smaller jobs. This policy will reimburse you for the value you provide to your client.

3. Ask for a retainer. You can insure payment by asking for a retainer that gets replenished as funds are drawn down over the course of your assignment.

4. Implement a cancellation fee. The vast majority of cases settle out of court, so you could easily find yourself with holes in your calendar where you once had billable hour commitments for depositions or court testimony. Your cancellation fee may vary with the degree of notice you receive. For example, perhaps there is no penalty for cancellation 10 days prior to an engagement, but a 50% fee for cancellation 48 hours in advance.

5. Review your rates. An annual rate increase is a fairly common business practice. Take a look at your rates every December and update your rate card as of January 1st of every year. As a rule of thumb, you generally have some room to increase your rates if none of your clients complains about them. Test higher rates on your new clients.

Always remember, you are paid for your knowledge and not your testimony. Price and bill accordingly.

Margaret Grisdela is President of Expert Law Marketing and Legal Expert Connections, specializing in business development in the legal market and expert witness recruitment. She writes for HGExperts.com a directory of expert witnesses, forensic consultants, medical experts, litigation support services and legal speakers.

How To Deal With A Complainer

Writen by Tristan Loo

A Complainer Is Characterized by:

1. Dissatisfaction in their personal life
2. Anger
3. A desire to have their concerns acknowledged
4. Makes demands
5. Wants explanations
6. Makes threats or bluffs
7. Frustration

Description

Complainers have a gripe about everything in their life. This usually comes from the underlying fact that they are unsatisfied or disgruntled about their own personal lives. The complainer has a need for their concerns to be acknowledged. Whether it is in their professional or personal life, the complainer can't have peace of mind until someone listens to and acknowledges their concerns. They feel dissatisfied and they don't just want things to change—they want to be heard and understood.

How to Deal With the Complainer

The key to effectively dealing with a complainer is by using your active listening skills. They want to be heard and acknowledged—not ignored or argued with. You have to use your skills of empathy and try to understand what their interests and needs are.

1. Listen to their concerns. It's not enough sometimes just to fix the problem. The person has a psychological need for someone to acknowledge their concerns. Let them get all of those pent up frustrations out of their system before you address the problem. Listen and acknowledge what they have to say. Encourage them to keep on talking until all those frustrations have been let out.

2. Empathize with them. Imagine yourself walking around in their shoes and see the situation from their perspective. Empathy is an important tool that you can use to facilitate cooperation. Let them know that you understand their situation and make them feel comfortable and important. Use empathetic statements such as, "If I were in your shoes, I'd be really angry too." Paraphrase their concerns back to them. Repeat their concerns back to them in your own words. This lets them know that you have been listening and it allows you to confirm that you have heard and understood everything correctly. Paraphrasing is also a powerful rapport-building tool.

3. Ask them what they would like you to do. In most cases, you will already know what the person wants, but ask them what they would like you to do anyways because it lets them walk away happy by giving them the amount of control they desire.

About The Author

Tristan Loo is an experienced negotiator and an expert in conflict resolution. He uses his law enforcement experience to train others in the prinicples of defusing conflict and reaching agreements. Visit his website at http://www.streetnegotiation.com or e-mail him directly at tristan@streetnegotiation.com