Styles Of Negotiation

Our style of negotiation will be influenced by the style of the other party. If both
sides are adversarial; there will be little trust between the two parties, however, if
one side decides to be co-operative, there is a danger the other side will use this
apparent sign of weakness to their advantage.

Co-operative bargaining has the advantage of being a more efficient style of
negotiation, however certain rules have to be followed by both parties for it to
work. Let us look at the two styles of bargaining and their features:

Features Of Adversarial Bargaining:

Styles Of Negotiation

o Each side takes up a position and defends it.

o Opening bids are set at unrealistic levels; too high or too low, in order to give

room for manoeuvre.

o Movement is small or non-existent until later on in the negotiation.

o Tactics are used to gain short term advantage.

o Too much emphasis is placed on trust. .This really is my best price!

o Information is withheld, or misrepresented.

o The outcome is often "win-lose", or "lose-lose".

o The more aggressive negotiator usually does best.

o This style does not encourage long term, mutually beneficial relationships.

o Neither side asks enough questions, or explores alternatives in sufficient depth.

Features Of Co-Operative Bargaining:

o Each side recognizes that the other has needs and feelings and accepts implicit rules.

o Objective measures are taken of what is fair and reasonable.

o Trust is not an issue as either side is willing to share information.

o This style is friendly, but not soft. There is a willingness to trade concessions.

o There is a clear, communicable strategy.

o Bad behavior is punished.

o This style involves creative problem solving.

o It encourages long term, mutually profitable relationships.

o Each side asks more questions and explores alternatives, rather than taking up fixed positions.

o The usual outcome is "win-win".

Copyright © 2007 Jonathan Farrington. All rights reserved

Styles Of Negotiation
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Jonathan Farrington is the Managing Partner of The jfa Group. To find out more about the author, subscribe to his newsletter for dedicated business professionals or to read his weekly blog, visit: http://www.jonathanfarrington.com

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Personal Injury Insurance Claim - The Insurance Process, Strategy And Negotiation

A personal injury insurance claim can be settle without an
attorney. Make no mistake. In fact, the great majority of personal injury claims
do not involve attorneys. The reason for this is the high legal fees and cost
that will be tackled to your settlement. So learning the process and handling
your claim can save you a bundle and increase your injury compensation.

The personal injury insurance claim process starts when you
go to the doctor. As soon as a medical professional treats you, you will be
considered "injured". When people claim headaches or similar injuries, the
adjuster will not allow payments for pain and suffering unless they think they
can settle the day you filed the claim. Most of the time, however, there will
want to see some objective evidence of the injury.

Most insurance companies will try to settle the person
injury insurance claim (as oppose of your personal injury "legal" claim) as soon
as they think they can get a settlement and release form from you. This document
will be an agreement between you and the insurance company in which you agree
that you will not present a legal claim against the liable party in exchange of
a certain amount of money. This agreement will be honored (most of the time as
it can be disputed) in a court of law.

Personal Injury Insurance Claim - The Insurance Process, Strategy And Negotiation

It is not unusual to find insurance adjusters trying to
settle in your first conversation. They can have a recorded agreement on the
phone that could have the effect of an agreement and release.

If you do not settle, then the personal injury insurance
claim will continue. You will follow a treatment schedule and your medical bills
will be paid by your insurance company by your
Personal Injury Protection Coverage.
Both insurance companies will send you a Medical
Authorization From. This form entitles them to ask for your medical bills and
records. You insurance company will not pay the medical bills until you give
them the form. This is perfectly legal. Courts have ruled that if the insurance
company is required to pay the medical bill, they are entitled to see the
reports. However, you do not have to give this Medical Authorization form to the
insurance company of the person that hit you. You can withhold the records until
you are ready to settle.

After you insurance company pays, they will be reimbursed
by the responsible party's insurance company but only when you settle. This can
take up to three years, depending on your state's bodily injury statute of
limitations. However, your insurance company will not pay for you pain and
suffering and general damages. You have to settle those by yourself.

The personal injury insurance claim process will focus in
your medical treatment. The insurance carrier will be sending you letter and
asking you to report your medical condition. If they believe that you are over
treating, they will send a letter to your own insurance company telling them
that if they pay for your medical bills, they will not reimburse them. This is a
technique to put pressure on your own insurance company to review the medical
records and decline payment in anything that does not appear to be accident
related.

Once you feel better, you are back to "pre accident
condition", or you are release from treatment, the other person's insurance
company will be asking you for the medical authorization form again. You can
declined to turn it in, but you can collect the medical records yourself, review
them, exclude whichever ones you believe do not help your case, and submit the
rest (just like a lawyer would do). Most people will just sign the medical
authorization from, giving the insurance company the right to see every record
in your medical history.

The next step in a personal injury insurance claim is the
evaluation process. Once the insurance company receives all medical records and
reports, they will "compare" your injuries and treatment to similar cases in
your area and find the average jury award. Their first offer is the lowest
amount they believe a jury would award you. You can negotiate that amount to
what you believe a jury would award you.

Once there is an agreement, the insurance company will send
you a settlement of any and all claims form. Once you returned signed, they will
issue you payment and the claim will be settled. At that point, your insurance
company will be reimbursed for your medical bills.

Click here for more information about your personal injury insurance claim.

Personal Injury Insurance Claim - The Insurance Process, Strategy And Negotiation
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All the best,
Hector Quiroga
www.auto-insurance-claim-advice.com

Hector Quiroga has a high interest in helping consumers gain knowledge of the auto insurance claim process for both property damage and bodily injury claims. He covers in great detail what a car accident investigation entails and share many helpful tips for dealing with insurance companies and adjusters.

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How to Buy and Sell Things For Profit - Seven Ways

There are basically seven ways to buy and sell things for profit.

If you make a living you already buy and sell things. You can buy and sell services which is called work, or you can buy and sell property. Most of us are better at buying than we are selling. By that I mean we manage to buy more in dollars than we make. It doesn't have to be that way.

If we learn to buy well, then we can not only get more with the money we have, but we can make a very good living buying and selling. If we buy right, the property will almost sell itself. We intuitively know the seven ways to buy and sell things, but it helps to have a clear vision in your mind in order to develop the skill to buy better and sell better.

How to Buy and Sell Things For Profit - Seven Ways

Many people made fortunes in the last decade buying and selling real estate. These seven ways to buy and sell property are very familiar to the real estate flippers, but the same basic ways can be used for buying and selling any type of property. eBay is bigger than Donald Trump.

1. Buy Low, Sell High

The first and simplest way to make money buying and selling is to find an item in demand, negotiate a low price, buy it, and then sell it for a higher price. In addition to good negotiation skills, you have to develop a good eye to make this work. You also have to be careful your expenses during the acquisition process don't eat up any potential profit.

With this method, you want to buy only excellent quality items that are ready to sell as is. You'll want to find a motivated seller-one who wants to get rid of the property more than he wants to make money. It is also necessary to acquire the property at a significantly low price to be able to add your expenses in and still sell below market. Selling below market is the best way to sell quickly. If you depend on your selling skills to make the deals, you don't need to bother with the investment. You can just get a job as a salesman-work.

2. Buy it, Fix it, Sell it

The second way to make money buying and selling is to look for property that is broken, dirty, ugly, or in need of a missing part or repair. This is a great way to find a motivated seller and a good price. The owners of this kind of property would rather have a new one. If they were inclined to fix it, they'd have done so already. Know your market; know your costs. Allow a generous profit to cover your repairs, acquisition expenses, and potential selling expenses. Negotiate hard and don't be afraid of deadlock. It's your money, so be prepared to walk away from an offer if they won't meet the price you need. Sometimes all you need to do to get a property in pristine condition is to clean it.

3. Buy it, Rent it

A third way to make money over a longer period of time it is to buy and rent it out. Just about anything can be rented to others-tools, cars, camping equipment, boats, motorhomes, and of course, residential homes. An alternate to this same method is to invest in special equipment, use it and then sell the service the equipment provides. All of these ways are good ways to make money, but though they are buy and sell strategies beginning to end, in the interim, they are ongoing businesses-more work.

4. Buy for cash, sell on time

A fourth method is not so effective for inexpensive items, but boats, cars, trucks, and even big screen televisions can be bought at bargains with cash and then resold on terms with interest. People are often willing to pay very high prices if they can get it now and pay later.

Some people make unbelievable profits buying mobile homes for a few thousand and financing over time for tens of thousands. Often before the buyers have finished paying the notes, their financial status has improved enough that they can buy higher end property with conventional finance. When this happens, it is common to get the item back after it has nearly been paid for. Some mobile home resellers have sold and resold certain properties four or five times. Each time they nearly double their investment with the original down payment then collect the payments over time plus interest.

5. Buy and sell wholesale

If you have the ability to purchase in quantity and move quickly, you can locate sources that will bring you deals in bulk at prices so low you can sell wholesale and still make money. You can even buy homes in quantity and sell them to others for resale. Once you spread your name around, this can be very lucrative and happen very quickly.

6. Buy on speculation and sell on demand

When the market is hot, it is possible to buy when the item is first introduced at a lower price than what will be charged later. If you can spot these trends, you can make good money buying when first offered and selling after the item is sold out. In certain real estate markets you can order a new home before it is built and count on the price to go up after the neighborhood fills in. This is dangerous, but some people have made really good money doing just this.

7. Buy for others, sell back with fee added

Sometimes people do not want to do their own bargaining. Celebrities or people known to be very wealthy often allow scouts to buy for them. Sometimes the price goes up when the buyer is well known or very wealthy. The difference in price can be so great that it becomes profitable for a middle person to buy and resell to his principal for a fee.

There are millions of ways to buy and sell, but these are the basic seven ways to buy and sell. Everything else is some variation or combination of these seven. Buying and selling can be done in rising and falling markets. When the market is deteriorating the buyer has to buy drastically below market and move very rapidly to turn his investments. There is always a risk of losing money in any market. A person engaged in these tactics must be good negotiators on both the buy and the sell, and they must be flexible enough to take the losses quickly when they are inevitable to prevent even larger losses later.

How to Buy and Sell Things For Profit - Seven Ways
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Randy R Cox

If you have buying and selling skills, you can do well in good economies or bad. If you'd like to sharpen your buying and selling skills or share your ideas with us drop by for a visit.

Learn to make money and keep it at http://www.cash153.com

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The Negotiation Process

It is probably no coincidence that the Spanish word for "business" - in the sense of commerce - is negocios. It highlights the importance of the negotiating process when it comes to doing business in a way that results in trust and respect for your company. The negotiation process is not difficult, but requires a certain amount of skill and training.

Negotiations, whether between individuals, businesses or even nation-states are really nothing more than a process in which concerned parties come to an agreement that serves everyone's best interests. Instead of one dominating or imposing power over the other, the parties attempt to reach a consensus in which everyone is satisfied. Business negotiation skills are valuable tools in this process.

Business negotiations are used not only by management and sales representatives, but by virtually everyone involved in the day-to-day operation of the company. Negotiations are a better way to motivate others rather than using pressure and domination strategies that may work in the short term, but ultimately causes distrust and resentment - and ultimately, profits.

The Negotiation Process

Beginning the Negotiations

The negotiation process begins with an analysis of the needs, desires and interests of all parties concerned, as well as any outside issues - such as culture, background and experience - that can come into play. This information will form the basis of negotiations going forward.

The next step is planning: what are the goals of the business negotiations? What terms are to be settled? What is each side willing to give up in order to gain something else? These are all vital issues to be considered in the negotiating process.

Streamline the Negotiations Process

You and your company staff can learn more effective business negotiation skills through negotiating training from qualified providers. These professionals will design a negotiation course specifically tailored to the needs of your company that offer learners the opportunity for hands-on, "real-world" practice as well as valuable theory of business negotiations.

When considering negotiating training, it's important to begin by taking stock of where you and the company are currently. What are the long term goals, the short term objectives, what are your company's strengths and weaknesses? With whom will you be negotiating and over what? In what kind of setting will the negotiating process take place?

Few understand the nuances of the negotiating process that involve things as subtle as physical positions, seating locations and even the decor of the room. These are kinds of issues that can be covered in a negotiation course. There are few natural-born diplomats in the world; negotiations are an art, but also a science and a skill that must be practiced like any skill. Effective training means a smoother negotiating process for all involved.

The Negotiation Process
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A course in negotiation training by expert Jonathon Blocker helps to improve your business negotiation skills and provides insightful and expert knowledge of negotiations.

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Writing an RFP (Request for Proposal)

A while back, a potential client provided me with some general details of the writing work he wanted me to do for his company. Then he asked me to send him a proposal.

Proposal?! I panicked as I tried to confirm with him what he meant by that since I had never done one before, at least not as a freelancer.

I must've not really wanted to pursue this opportunity since I didn't bother to do research or follow up with the company after submitting a contract instead of a proposal. A little time passed, I came across an article on writing RFPs (Request for Proposal). Ding! The light bulb went on. This guy verbally gave me his RFP and wanted a written response.

Writing an RFP (Request for Proposal)

When a company needs a project to be completed by a contractor or outside source, they write a RFP. This is a formal document describing the project, how the contract companies should respond, how the proposals will be reviewed, and contact information. Often, the company documents the submission guidelines to make it easier for them to compare responses. There are no specific standards or guidelines for creating the RFP, but government agencies usually strict standards they follow when conducting the proposal process.

Outside companies read the RFP and write a proposal (a bid) explaining how they can best provide and meet those needs. When writing the proposal, the company should closely follow the guidelines established in the RFP to avoid being removed from consideration for the potential project.

A typical proposal contains:

Executive summary - summary of the entire proposal Statement of need - why project is necessary Project description - How project will be implemented and evaluated Organization information Project schedule Budget Conclusion

My situation was an informal version of all this. The client gave me a high level overview of what I might do for him. If I knew then what I know now, I would've written up a description of the client's needs and how I would complete the work in meeting those needs.

Small businesses would likely do a proposal in between the one I got and the complex government required ones. Most small businesses will be prompted to write a proposal when approaching a client. The client may ask you to submit a proposal outlining what you can do for them. In this case, write a proposal including the elements of a typical proposal and keep it short and to the point especially if the client is not a large company.

There are examples of RFPs and responses peppered throughout the Web, but which one you can learn from depends on the type of work involved. A proposal can be two pages or as big as a book. Rely on your favorite search engine and do the research to create an unbeatable proposal.

Writing an RFP (Request for Proposal)
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Meryl K. Evans, Content Maven, is Editor-in-Chief of eNewsletter Journal and The Remediator Security Digest. She's a slave to a MarketingProfs weekly column and a Web design reference guide at InformIT. She is the author of the popular e-report, How to Start a Business Blog and Build Traffic. Visit her site at http://www.meryl.net/blog/ for free newsletters, articles, and tips.

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Negotiation Success is in the Planning

The drama and theatrics one sees during conflict and confrontations easily leads one to believe that negotiation success lies in persuasiveness, eloquence, and clever maneuvering. What good court room drama would be without these critical factors for entertainment? While these elements may be the enjoyable part for some negotiators, and certainly are the entertaining portions for observers, they are not the keys to negotiation success.

This next quote was so important in "Essentials of Negotiation" by Lewicki, Saunders, Barry, and Minton that the authors italicized it. I point this out because I want you to pay attention to this closely, "The foundation for success in negotiation is not in the game playing or the dramatics. The dominant force for success in negotiation is in the planning that takes place prior to the dialogue." Yes, the tactics used during negotiations are important, and success is also influenced by how you react to the other side and implement your own negotiation strategy. However, the foundation for success is preparation.

There are many ways one can prepare for negotiation, and no one way will be perfect for everyone. By sharing different strategies, I hope you can absorb what is useful for your negotiation style and decide what planning steps are needed for the negotiations you partake in.

Negotiation Success is in the Planning

In the "Essentials of Negotiation" the authors set forth ten areas to focus on during effective planning for both distributive and integrative negotiations. I want to briefly share and comment on the ten areas for you to consider:

1. Defining the Issues. Analyze the overall situation and define the issues to be discussed. The more detailed, the better.

2. Assembling the Issues and Defining the Bargaining Mix. Assemble the issues that have been defined into a comprehensive list. The combination of lists from each side of the negotiation determines the bargaining mix. Large bargaining mixes allow for many possible components and arrangements for settlement. However, large bargaining mixes can also lengthen negotiations because of the many possible combinations to consider. Therefore, the issues must be prioritized.

3. Defining Your Interests. After you have defined the issues, you should define the underlying interests and needs. Remember, positions are what a negotiator wants. Interests are why you want them. Asking "why" questions will help define interests.

4. Knowing Your Limits and Alternatives. Limits are the point where you stop the negotiation rather than continue. Settlements beyond this point are not acceptable. You need to know your walkaway point. Alternatives are other deals you could achieve and still meet your needs. The better alternatives you have, the more power you have during negotiations.

5. Setting Targets and Openings. The target point is where you realistically expect to achieve a settlement. You can determine your target by asking what outcome you would be comfortable with, or at what point would you be satisfied. The opening bid or asking price usually represents the best deal you can hope to achieve. One must be cautious in inflating opening bids to the point where they become self-defeating because they are too unrealistic.

6. Assessing My Constituents. When negotiating in a professional context, there are most likely many constituents to the negotiation. Things to consider include the direct actors, the opposite actors, indirect actors, interested observers, and environmental factors.

7. Analyzing the Other Party. Meeting with the other side allows you to learn what issues are important to them. Things to consider include their current resources, interests, and needs. In addition, consider their objectives, alternatives, negotiation style, authority, and likely strategy and tactics.

8. What Strategy Do I want to Pursue? Most likely you are always determining your strategy, and have been all along the planning stages. However, remember not to confuse strategy with tactics. Determine if your engagement strategy will be Competition (Distributive Bargaining), Collaboration (Integrative Negotiation), or Accommodative Negotiation.

9. How Will I Present the Issues to the Other Party? You should present your case clearly and provide ample supporting facts and arguments. You will also want to refute the other party's arguments with your own counterarguments. There are many ways to do this, and during your preparation you should determine how best to present your issues.

10. What Protocol Needs to Be Followed in This Negotiation? The elements of protocol or process that should be considered include the agenda, the location of the negotiation, the time period of negotiation, other parties who may be involved in the negotiation, what might be done if the negotiation fails, and how will the parties keep track of what is agreed to? In most cases, it is best to discuss the procedural issues before the major substantive issues are raised.

There are many different planning templates. Each emphasizes different elements in different sequences. These ten areas represent what the authors of "Essentials of Negotiation" believe to be the most important steps in the planning process. There is more to each of these areas than I had space to describe in this column. However, if you consider each of these ten areas during your planning, you will be well prepared for the challenges you will face during negotiations.

Negotiation Success is in the Planning
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Alain Burrese, J.D. is a mediator/attorney with Bennett Law Office P.C. and an author/speaker through his own company Burrese Enterprises Inc. He writes and speaks about a variety of topics focusing on the business areas of negotiation and success principles as well as self-defense and safety topics. He is the author of Hard-Won Wisdom From the School of Hard Knocks, several instructional dvds, and numerous articles. You can find out more about Alain Burrese at his websites http://www.burrese.com or http://www.bennettlawofficepc.com

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Negotiation - Basic Strategies

1- Identify guidelines you should follow during the negotiation;

To have an effective negotiation we should follow some basic strategies:

Separate the people from the problem Focus on interests, not positions Create options, Insist on standards

Negotiation - Basic Strategies

2- Identify steps of the negotiation process;

Recommended steps in negotiating a conflict:

Confront the opposition. Define the conflict mutually. Communicate feelings and positions. Communicate cooperative intentions. Take the other person's perspective. Coordinate the motivation to negotiate. Reach an agreement that is satisfactory to both sides

3- Apply guidelines that will enable you to facilitate effective communication during the negotiation;

It is important to build rapport during a negotiation.

To have an effective communication during the negotiation, we should remember a few key items:

Keep a 'YOU' focus-Most humans love to talk about themselves. Listen well and ask relevant questions. Speak the same language as the other person. Use person's name during the conversation (at least 3-4 times). Use words like 'we', 'our', 'us'.

Other useful suggestions for effective communication during the negotiation process are: offer options and explain them clearly, clarify expectations and offer them time frames.

Body language and non-verbal communication has an effect in the communication process as well.

4- Identify the types of questions you should ask during the negotiation;

These are questions starting with:

What, Where, When, How; Or, Help me understand; Explain to me; Describe to me.

For example, Can you give me the details of your organization structure? Randall, during the negotiation process, asked "How do you put a value on a company like this?"

5- Identify characteristics of the negotiation styles;

Probing is the skill of questioning to obtain information.

Successful negotiators tailor their approach to the behavioral style and needs of their counterparts.

Being able to identify a counterpart's preferred style and adapt your own style accordingly can be incredibly helpful in building productive relationships.

Negotiators who use the Amiable style have a strong need to feel recognized and valued in the negotiating partnership.

Another style that we may encounter when negotiating is the Driver. Drivers have a strong concern for outcomes and when ruthlessly pursuing their goal, may become shark like. Drivers are self-confident, assertive, and when feeling cornered, may become aggressive in their tactics.

Analytical negotiators have a strong need for facts and details, and won't move forward unless they have had the opportunity to carefully analyze all available data.

Blends negotiators are people who have no clear preference for one style, but use a combination of styles. Blends are personable, social and often have a sense of humor

6- Apply the guidelines you should follow when this negotiation becomes challenging.

A range of nonverbal clues may serve as red flags during a negotiation.

When dealing with difficult negotiations, it is important to screen our behavior:

Say and do as little as possible Direct action to alter impressions Present facts that enhance one's position

Negotiation - Basic Strategies
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#1 of 101 Best Practices in Negotiation

I just finished conducting my "Best Practices in Negotiation(TM)" seminar at UC Berkeley, and once more, for seemingly the zillionth time, we found support for far and away the #1 Best Practice in Negotiation:

"Make your first bid low if you're the buyer and high if you're the seller."

Here's the situation. The case we discuss to demonstrate this fact involves the buyer and seller of a mixed-use piece of real estate located in the city of Midville.

#1 of 101 Best Practices in Negotiation

The seller has agreed to sit down with the buyer, the owner of an adjoining property, face-to-face without the intercession of Realtors. If they can reach agreement, a hefty sales commission of about ,000 can be saved, making the deal more cost effective for both parties.

After the mock negotiations are done, a discussion ensues and we track the back-and-forth offers as they were made within each negotiating team. And sure enough, the sellers that opened with high bids achieved more profitable sales, while the buyers that started with the lowest, benefited from achieving the best buys.

While this "truth" may seem obvious to seasoned negotiators, it surprises many novices as well as those that have never received formal negotiation training. They prefer to "cut to the chase," as they frequently put it, and bid something very close to their bottom-line or walk-away position right away.

But that almost always backfires.

When folks negotiate, they need to leave some room in which to operate. Typically, this means planning to stake out at least three positions in one's mind before sessions get underway:

(1) A best-case scenario position, your "dream price";

(2) A target-price scenario, what you'd be reasonably happy to achieve; and

(3) A walk-away price, which is simply out of range, and too costly for you.

Staying in the first two categories is almost always served by remembering to:

"Make your first bid low if you're the buyer and high if you're the seller!"

Are you looking for "best practices" negotiation, sales, telemarketing or customer service training? Contact us.

#1 of 101 Best Practices in Negotiation
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Dr. Gary S. Goodman is a top trainer, conference and convention speaker, and sales, customer service, and negotiation consultant. A frequent expert commentator on radio and TV, he is also the best-selling author of 12 books, more than 1,000 articles and several popular audio and video programs. His seminars are sponsored internationally and he is a faculty member at more than 40 universities, including UC Berkeley and UCLA. Gary brings over two decades of sales, management and consulting experience to the table, with impressive academic credentials: A Ph.D. from USC, an MBA from the Peter F. Drucker School of Management, and a J.D. degree from Loyola Law School, his clients include several Fortune 1000 companies..

His web site is: http://www.customersatisfaction.com and he can be seen on CNBC at: http://www.cnbc.com/id/15840232?video=417455932# and reached at: gary@customersatisfaction.com. His blogs include: YOUR CUSTOMER SERVICE SUCKS! and ALWAYS COLD CALL! at: http://www.alwayscoldcall.blogspot.com

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