99 Negotiating Strategies – David Rosen

The same is true of your target’s spouse or parents. You can also use paid databases available online, although you may be required to certify that you have a legal basis for doing so. A nominally-competent investigator or researcher inside your organization should be able to assemble this information and deliver a file with printouts in less than an hour. You may discover your target attended a football powerhouse, in which case sports talk and metaphors will serve you well.

Perhaps your target loves photography, studied English Literature, or is into marathons, religion, politics, or pets. You will without question adapt your pitch once you understand who you are taking to. With a clear portrait of your target’s life dynamics, you might now avoid profanity or, depending, use it heavily. You might adjust your pitch upward to appeal to the intellect, or down to appeal to emotion. In rare occasions, you may discover your target has regrettably suffered a life-altering personal tragedy, which might help you avoid well- meaning but painful jokes or offhand comments.

Portfolios like this used to take weeks to assemble and required the costly services of a private investigator. Now it costs nothing and takes minutes. You should never enter a meaningful negotiation without knowing who your target is. ____ Get Public Commitment P ublic commitment – and by this I refer to simple declared agreement, not a speech to the masses – is a powerful incentive for someone to follow through on a deal. This can include a commitment to negotiate in good faith, an agreement to work toward a deal by a specific deadline, and agreement to honor each term approved as the negotiations proceed.

We are all taught that our word is our bond and that honoring our own word is critical to our reputation. Thus drawing a target into a series of declared public commitments to prior terms has a critical impact on deal making. You should of course use caution when making promises of your own, lest you be drawn into the same problem of being seen as dishonest in shifting your commitments once made. ____ Write Your Targetʼs Negotiation Talking Points J ust as you gain leverage by taking charge of responsibility for drafting the settlement agreement, you gain leverage by providing your target a list of effective talking points on how to sell your terms to their principal or organization.

Never rely on your target to persuasively and accurately articulate your positions to their own constituency. Instead, draft them yourself, and provide the opposing negotiation team with a comprehensive series of talking points with appropriate backup, including documentation. This should not be an email as it may present as having less gravitas. It can be an attachment to an email, but it should not be in the body of an email itself.

Tips, Tactics & Techniques Used by Wall Street’s Toughest Dealmakers. Copyright© 2016 David Rosen. Published by Ross & Rubin, Publishers, New York, New York. All rights reserved. No part of this book may be reproduced in any form without permission in writing from the publisher. ISBN-13: 9781537116945 ISBN-10: 1537116940 Disclaimer N o part of this publication may be reproduced or transmitted in any form or by any means, mechanical or electronic, including photocopying or recording, or by any information storage and retrieval system, or transmitted by email without permission in writing from the author or publisher.

While all attempts have been made to verify the information provided in this publication, neither the author nor the publisher assumes any responsibility for errors, omissions or contrary interpretations of the subject matter herein. The views expressed are the personal views and opinions of the author. The reader is responsible for his or her own actions. Adherence to all applicable laws and regulations, including international, federal, state and local governing professional licensing, business practices, advertising and all other aspects of doing business in the United States, Canada, or any other jurisdiction relating to the practice of law is the sole responsibility of the purchaser or reader.

Readers should be governed by the rules and regulations pertinent to the jurisdictions in which they practice. Neither the author nor the publisher assumes any responsibility or liability whatsoever on the behalf of the purchaser or reader of these materials. Any perceived slight of any individual, organization or culture is purely unintentional. First published in the United States September 2016. About the Author D avid Rosen has been described by his peers as one of the toughest negotiators in the United States. Rosen has negotiated deals involving major legal disputes involving the world’s largest companies; represented individuals on the Forbes 400 list of the wealthiest Americans; and helped close commercial real estate deals in some of the most popular destinations in the country.

He is often asked to consult on upcoming negotiations being handled by others, and to join negotiations already in progress where it appears an impasse is likely. Professional negotiators themselves often quote and use Rosen’s strategies to help bring disputes to an end.

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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