Posts Tagged ‘laws’

Sales Negotiators Need To Know How To Use Regulations And Laws To Reach A Deal

Friday, December 16th, 2011
Image Credit
Regulations and laws can work with a negotiator or against you

Regulations and laws can work with a negotiator or against you

I can only speak for myself, but when I’m headed into a negotiation I like to have as much freedom to do things as possible. That’s why I tend to shudder when I discover that there are regulations or even laws that are going to impact the negotiations. However, maybe I’m not looking at the complete picture.

How Regulations And Laws Can Harm A Negotiation

When we enter a negotiation, one of the things that we need to know even before we sit down is just exactly who is in the room? Sure there are the people who are physically there, but are there requirements and restrictions placed on either side of the table by others? This can have a big impact on the negotiation styles and the negotiating techniques that we can use.

When regulations and laws get involved, that negotiating room can get pretty crowded, pretty quickly. When we have to negotiate with these kinds of restrictions, all of a sudden our options start to narrow. I for one start to fell rather constrained. The negotiation definition is altered in these negotiating situations.

One of the biggest challenges that I’ve encountered to conducting principled negotiation is when the laws that you are negotiating under require you to reveal more information to the other side than you normally would. This tends to screw up the whole negotiation process for me. A great example of this is when you are negotiating with the government – after all, they get to make up the laws. Often times you’ll find that you are required to reveal elements of your product or services’ costs that you normally would not share with the other side of the table. Ouch!

How Regulations And Laws Can Help A Negotiation

Having regulations and laws come and sit at the negotiating table with you is not always a bad thing. If it turns out that they are working for you, then this can actually be a good thing.

The key here is to do your homework before you start any negotiation. What you need to be looking for are those regulations, statutes, rules or laws that support your negotiating position. The more of these that you are able to find, the easier it is going to be to get the other side to come around to agreeing with your position.

In addition to helping you with the other side of the table, regulations and laws can help you better manage your own company. When others in your company see the constraints that you are operating under, they will be more likely to put their support behind your negotiating positions and provide you with the support that you’ll need to be successful.

What All Of This Means For You

Negotiations can be tricky to do well. When regulations and laws get involved, things can become a great deal more challenging. Sales negotiators need to understand how to work in these situations.

These conditions can require that a negotiator reveal more to the other side of the table than they normally would. It’s very important to take the time to understand just exactly what the regulations require you as a negotiator to do.
Depending on exactly what the restrictions are, they can work in your favor. If they limit the other side of the table’s options, then it may become easier for the other side to agree to your requests and reach the deal that you wanted to have negotiated. In the end, that may make it worth all of the extra effort that these restrictions require.

- Dr. Jim Anderson
Blue Elephant Consulting –
Your Source For Real World Negotiating Skills™

Question For You: When you discover that regulations and laws may impact a negotiation, what is the best way to research how they will impact how you negotiate?

Click here to get automatic updates when The Accidental Negotiator Blog is updated.

P.S.: Free subscriptions to The Accidental Negotiator Newsletter are now available. Learn what you need to know to do the job. Subscribe now: Click Here!

What We’ll Be Talking About Next Time

How did your last negotiation go? Did you and the other side of the table spend your time working through a long list of demands that the other side had made? Did you end up feeling as though you had negotiated for a very long time? The next time that you prepare for a negotiation, you need to come up with a way to streamline the process so that you can reach an agreement quickly. It turns out that you can make this happen by bringing a purple monkey to the negotiations.

Sales Negotiators Know The 6 Words That Let Them Fight The Law – And Win!

Friday, August 19th, 2011
Image Credit Just Because There's A Regulation Doesn't Mean You Can't Win

Just Because There's A Regulation Doesn't Mean You Can't Win

Talk about running into a brick wall! Sometimes when we are in the middle of a negotiation, especially with a state or federal official, we come face to face with a regulation that prevents us from getting what we want. Is it time to give up? Nope, you just need to know the magic 6 words that you need to say…

Excuse Me But…

I can almost hear you saying “tell me, tell me – what are the 6 words of power?” Not so fast.

First, let’s set the stage. Just image that you’re in a negotiation and you’ve just been told that there is a regulation that will prevent you from doing what you want to do. What’s a sales negotiator to do?

What you need to do is to change the way that that the other side of the table thinks about that regulation. Right now they view it as though it’s written in stone – there’s no way to change it. This is where the power of the 6 magic words comes in.

You need to look the other side of the table right in their eyes and say “… but it doesn’t apply in this situation…” What these words do is call into question whether or not the regulation applies in this case. You aren’t saying that the regulation is wrong – because you can’t. Rather you’re doing an end run and saying that there’s no need to discuss the regulation because it has nothing to do with what is being negotiated.

What happens next is that both parties will crack open the regulation and read it carefully. The good news here is that it is always possible to read something the way that you want to read it. You should always be able to find a condition or exception that will allow you to ignore the regulation.

Why Regulations Are Just A Starting Point

All of this is actually part of a much larger tactic. What those of us who don’t create laws and regulations seem to forget is that these things are never nice and neat. Instead they are the result of a lot of compromises and because of this there may be many different ways to look at them.

Your job as a negotiator is to make sure that you get the other side of the table to look at any regulation the way that you want them to look at it. Generally this means that you want them not to doubt the validity of the regulation, but rather you want them to doubt the applying of the regulation to the current situation that is being negotiated.

What All Of This Means For You

Inexperienced sales negotiators can feel like they’ve reached the end of the road when they encounter a regulation that blocks their way. Seasoned sales negotiators know that this isn’t as bad as it may seem at first.

The first thing that you need to do is to use a sales negotiator’s 6 words of power: “… it doesn’t apply in this situation…”. Just by uttering these words you can transform something that appeared to be fixed into something that can be changed. This is the start of a bigger realization – all regulations are really just a set of compromises. What they mean and if they apply can be negotiated.

A good sales negotiator never lets a little thing like a regulation get in the way of striking a good deal. Instead, you need to see regulations as just another step in your journey to finding a solution that meets the needs of both sides of the table.

- Dr. Jim Anderson
Blue Elephant Consulting –
Your Source For Real World Negotiating Skills™

Question For You: How long do you think you should wait before challenging the validity of a regulation?

Click here to get automatic updates when The Accidental Negotiator Blog is updated.

P.S.: Free subscriptions to The Accidental Negotiator Newsletter are now available. Learn what you need to know to do the job. Subscribe now: Click Here!

What We’ll Be Talking About Next Time

Is it possible that a person who is not present at a negotiation could be the one person who controls how the negotiation turns out? The answer, somewhat surprisingly, turns out to be an unequivocal yes! If you want to make this negotiating technique work for you (and learn how to defend against it), we’re going to have to have a talk…

Negotiation Firestarter: The Take It Or Leave It Tactic

Thursday, January 8th, 2009
Take It Or Leave It Is A Negotiating Tactic That Can Cause Hostility

Take It Or Leave It Is A Negotiating Tactic That Can Cause Hostility

If you really want to set off the other side of the table during a negotiation, one great way to do this is to tell them that they can “take it or leave it.” This is pretty much the verbal equivalent of throwing gas on a fire – you are guaranteed to generate hostility on the other side of the table when you use this phrase.

We react in exactly the same way if the other side tries this tactic on us during a negotiation. This is understandable; however, if we take just a moment to think about it, we should probably be used to dealing with this negotiating tactic.

The deals that are presented to you in the course of an average day are almost all of the “take it or leave” it nature. You see these types of deals in the insurance bills that you get, the groceries that you buy, and the parking ticket that you pay. Although they might not say it explicitly, these are all subtle forms of the “take it or leave it” tactic.

Before you decide to burst into flames the next time that someone uses this tactic on you, take a moment and give some thought to why the other side might be using this tactic. They have decided to only offer a fixed price and here are some of the reasons that they might be doing this:

  • They don’t want every one of their employees to have to have good negotiating skills or to take the time that a negotiation requires in order to successfully complete a deal.
  • They might be willing to negotiate with you on this deal; however, they don’t want to have to negotiate with you in the future.
  • If they negotiated with you and ended up lowering their price, then they would have to lower their price for all of their customers.
  • They know that you cannot afford to “leave it”.
  • They have already dealt with many other customers who had no problem paying their fixed price.
  • They can’t afford to lower their price any more because they are already selling at their rock bottom price.

When you look at it this way, you’ll realize that most business is normally done using the “take it or leave it” tactic no matter what we choose to call it. We need to realize that many prices are set because of existing laws or regulations.

If you find yourself in the position of having to use the “take it or leave it” tactic during a negotiation, then you need to search for ways to reduce the natural hostility that this is going to cause in the other side.

Here are the best methods for reducing hostility when you decide to offer only a “fixed price” to the other side:

  1. Show the laws / regulations that are causing you to have to offer the product at the stated price.
  2. Show the company policy that requires the product to be offered at the given price.
  3. Publish a price list.
  4. Publish a standard list of discounts.
  5. Display the price of your product / service where everyone can see it.
  6. Provide proof that shows all potential customers that the price that you are using is the same price that is being offered to everyone.
  7. Simply make sure that you provide a good justification for the price that you are using.

As always in any negotiation situation, the more discussions that can be held face-to-face the better the negotiations will go. Listen to what the other side has to say and make sure that everyone has a chance to save face and come out ahead.

Have you ever been confronted with a “take it or leave it” deal during a negotiation? How did you react to this? Have you ever had to present a “take it or leave it” proposal to the other side? How did they handle it? Leave me a comment and let me know what you are thinking.