by: John Patrick Dolan, Attorney at Law, CSP, CPAE

To negotiate effectively, you must be able to communicate effectively. Unfortunately, most salespeople and businesspeople don’t realize the importance of solid communication skills to the negotiation process. As a result, they lose sales or don’t get the best possible deal.

However, as an attorney or leg@l professional, you are not doomed to the mixed messages and meanings characteristic of poor communication skills. With a conscious effort, all business and sales professionals can overcome the communication barriers that block understanding in negotiation. With a little extra effort, you can improve the delivery of your message to your counterparts and work together toward a mutually beneficial agreement.

Use the following six rules for effective communication to connect with others at the negotiating table and in all forms of communication:

Rule 1: Organize Your Thoughts

Throughout the negotiation process, always allow yourself time to organize your thoughts to avoid conveying the wrong message or confusing the issues. Before you start the negotiation process, and even after it starts, take notes and plan what you’re going to say.

To help you express your thoughts clearly when the negotiations begin, outline in advance the main points you want to cover. Planning the gist of what you’re going to say is the most effective way to avoid sending mixed messages, but don’t stop with that. As the negotiations commence, continue to take notes and plan your responses as you go through the entire process. And remember, no law exists that says every statement must be met with a response within five seconds. Take your time. In fact, silence can be one of your most powerful negotiating tools.

Stop talking whenever you feel like you need to reorganize yourself and before you respond to anything that’s said. And make sure everything you say reflects the true meaning of your thoughts. This tactic not only helps you organize what you’re going to say, but it also helps you digest what your counterpart proposes.

Rule 2: Don’t Think About It; Think Through It

Thinking about something leads to confusion, but thinking through something leads to clarity. The difference between these two processes is a crucial distinction in communication. Many times, people approach negotiations with a mindset of, “Tell it like it is, then let the chips fall where they may.” But by processing an idea through to its logical conclusion, you can evaluate the possible responses you may get from the other side.

For example, if you make an offer and say, “Take it or leave it,” what kind of response would that produce? The other party may say, “Okay, we’ll take it.” They could say, “Thanks, but no thanks.” They could say, “We won’t take it, but here’s what we will accept.” Or they might say, “No one talks to us that way!” and walk out of the room.

A range of possibilities exists, and this tactic requires careful reading of the other person’s reactions. But if you feel from your experiences with the person that they will either accept your offer or your counteroffer, it makes sense to speculate and take the chance. So give some thought to your counterpart’s possible reactions to your points before you actually make them.

John Patrick Dolan, Attorney at Law, CSP, CPAE is a nationally recognized expert in the field of negotiation and an author of multiple books including Negotiate like the Pros. He is also a professional speaker and travels throughout the world presenting lively keynote speeches and in- depth training programs for business and legal professionals.

Effective Negotiating Skills... Powerful tools that everyone can use!

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About the Expert

John Patrick Dolan, Attorney at Law, CSP, CPAE is a nationally recognized expert in the field of negotiation and the best-selling author of several books including Negotiate Like the Pros. He is a regular guest legal expert on CNN, Fox News, MSNBC, Court TV, CNN Headline News, and CBS. In addition to a full time law practice, John also has a weekly radio talk show in California. As a professional speaker, he travels throughout the world presenting lively keynote speeches and in-depth training programs for business and leg@l professionals.

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