Curs 2

Negotiations and Business Communication

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 dont want a nature call to have you leave the room or
adjourn the meeting early.
Wear comfortable, yet appropriate clothing- the commercial expression dont 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 dont 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 isnt 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 wasnt altogether pleased with the outcome. Conversely, if you did not get all you
wanted, dont 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.
Negotiating Tips
Certain fundamental strategies will assist you in the day-to-day negotiation that all
businesspersons perform, in contracts and other business transactions. The following are
a few suggestions to get you started on the road to effective negotiation tactics.

You should always have clear objectives. It helps to make a list of goals before
meeting the other party.
It is important to go to a negotiation having done your research. Know relevant
law, facts, and figures.
Consider what you really need to get from the other party, and also decide in what
areas you are willing to compromise.
Build trust with the other party. Trust will aid communication.
You may want to have a first draft of an agreement written before meeting with
the other party.
Try to keep the discussion ordered when meeting with the other party. Make a
checklist of topics that should be reached during the negotiation.
Listen to the other party and their concerns.#

Contract Drafting Tips

It is helpful to understand the basics of contract drafting even if you rarely draft your own
contracts. A basic understanding can add to your confidence in all types of business
writing, and will also aid when reviewing and interpreting the contracts in which you are
a party.

An effective contract should always be clear, specific, and focused.

Sentences should be short to avoid unnecessary complexity and ambiguity.
You may want to look at sample agreements prior to drafting your own.

Make sure all party names are accurate. Include their business titles if
applicable.
A contract should be consistent in its tone, grammar, word usage, and
abbreviations.
Outlining the contract can aid clarity and allow for quick reference to certain
clauses.
Define important terms.
Anticipate litigation by including sections regarding venue, choice of law, and
attorney fees.
All parties should sign the contract, including business titles if applicable.
Pages should be numbered. Avoid the appearance that pages could have been
added after the agreement was signed.
As with any business writing, proofread very carefully.

Termination Clauses
A major sticking point in negotiations may be contract provisions that protect you against
losses in the event of contract termination. Since September 11, the threat of a terrorist
attack can scuttle travel plans to troubled destinations. You ought to be able to cancel
your meeting and terminate contracts without liability, and you ought to be able to get a
refund on advance deposits.
A force majeure clause spells out the circumstances civil strife, terrorist attacks, and
other occurrences beyond the control of either party that allow you to terminate the
contract without either party being liable. An Act of God clause covers hurricanes and
other natural disasters. A separate clause should specify when deposits are refundable.

Negotiation Basics
Do:

Give yourself time

If U.S. negotiations normally take four to six months, it could take a year or more
for an international event.

Do your homework
Research online and talk to others who have been to the destination.

Understand the culture

Cultural differences can impact what you get, when you get it, and how much you
pay for it.

Get local help

A tourism board, travel agent, customs broker, congress organizer, or your local
chapter/office can be your ally in negotiations.

Know with whom you're dealing

Check references and inquire about the quality of services rendered.

Ask for English

Request English as the official language for negotiations and specify the Englishlanguage contract as the prevailing document.

Define the terminology

State your requirements in descriptive terms rather than industry jargon.

Read the small print

Standard terms and conditions, rules and regulations may be referenced in the
contract but not attached. Review all referenced documents before signing.

Obtain insurance
Make sure your organization is ensured for losses outside the United States.

Don't:

Assume it's included

If what you need is not spelled out in the contract, it's probably not included in the
price. The same is true for taxes, gratuities and service charges.

Agree to something you don't understand

Ask questions, gather information and, if you're unclear about something, ask
again.

Sign a contract without examining a translation

Request copies of the contract in English and the language of the host country,
then compare the documents for consistency.

Be the ugly American

Arrogance, disrespect for cultural differences, or a bull-in-the-china-shop
approach will only hinder negotiations.