Here are several negotiation tips from a 2009 Orange County Trial Lawyer of the Year and 2013 California Litigation Lawyer of the Year (CLAY Award), Jon Mitchell Jackson. These are the same approaches Mitch use to mediate and negotiate multi-million dollar deals and they'll work for you IRL and in the digital Web3 spaces. Please feel free to share if you find value. Stay connected with Mitch at https://mitchjackson.com

2. “LET US NEVER NEGOTIATE OUT OF FEAR.
BUT LET US NEVER FEAR TO NEGOTIATE.”
JOHN F. KENNEDY

3. NEGOTIATION
LEARN HOW TO NEGOTIATE AND
CLOSE DEALS JUST LIKE THE BEST
TRIAL LAWYERS IN THE WORLD.
- MITCH JACKSON, ESQ.

4. NEGOTIATION
NEGOTIATION IS A CONTINUING PROBLEM
SOLVING PROCESS. IT’S GETTING PEOPLE WITH
BOTH COMMON AND CONFLICTING INTEREST TO
COME TOGETHER TO ARRANGE OR ADJUST
THEIR FUTURE RELATIONSHIP BY MAKING A
JOINT DECISION.

5. NEGOTIATION
GOOD NEGOTIATIONS ALLOW FOR BENEFICIAL
EXCHANGES AND AGREEMENTS TO BE MADE
THAT GIVE ADDED VALUE TO RELATIONSHIPS
OR A PARTICULAR SITUATION.

6. NEGOTIATION
GEORGE BERNARD SHAW ONCE
FAMOUSLY WROTE, “THE PROBLEM
WITH COMMUNICATION IS THE
ILLUSION THAT IT HAS OCCURRED.”

7. NEGOTIATION
TO BE AN EFFECTIVE NEGOTIATOR, YOU MUST
DEVELOP AND USE PEOPLE SKILLS. I SAY THIS
BECAUSE EFFECTIVE NEGOTIATION INVOLVES
20% TECHNICAL SKILLS AND 80% PEOPLE
SKILLS.

8. NEGOTIATION
GOOD NEGOTIATORS LEARN HOW TO BUILD
RAPPORT AND TRUST SO THEY ARE ABLE TO
CONNECT WITH OTHERS.

9. NEGOTIATION
UNDERSTAND THAT THE OTHER PERSON DOES
NOT REALLY CARE HOW THE OUTCOME OF THE
NEGOTIATION AFFECTS YOU. THE OTHER
PERSON ONLY CARES ABOUT HOW IT AFFECTS
HIM OR HER.

10. NEGOTIATION
APPRECIATING THIS CRITICALLY IMPORTANT
FACT WILL PUT YOU LIGHT YEARS AHEAD OF
EVERYONE ELSE IN THE NEGOTIATION
PROCESS.

11. NEGOTIATION
BE KIND TO PEOPLE AND HARD ON ISSUES.
SEPARATE PEOPLE FROM THE PROBLEMS AND
SOLUTIONS.

12. NEGOTIATION
DEMEANOR CAN GET YOU MORE THAN
SUBSTANCE.

13. NEGOTIATION
NEGOTIATE WITH INTEGRITY. YOUR CAREER
WILL DEPEND ON IT.

14. NEGOTIATION
DON’T BURN BRIDGES. THIS IS ESPECIALLY
TRUE IF THERE IS A CHANCE YOU’LL BE
NEGOTIATING WITH THIS SAME PERSON OR
COMPANY AGAIN IN THE FUTURE.

15. NEGOTIATION
BEFORE STARTING, KNOW…
•YOUR ULTIMATE GOAL
•WHAT YOU CAN WAIVE OR MODIFY
•WHAT YOU CAN GIVE AWAY WITHOUT ANY
ISSUES.

16. NEGOTIATION
BEFORE STARTING…
•CRAFT A SIMPLE STATEMENT YOU CAN USE TO
EXPLAIN THE GOAL OF THE NEGOTIATIONS.
SOMETHING YOU CAN USE OVER AND OVER DURING
THE NEGOTIATIONS TO REFOCUS THE PLAYERS.

17. NEGOTIATION
SOMETHING LIKE, “MY CLIENT IS INTERESTED
IN BUYING THE HOUSE AND YOUR CLIENTS ARE
INTERESTED IN SELLING THE HOUSE. WHAT
CAN WE DO TO GET THIS DEAL DONE?”

18. NEGOTIATION
START YOUR NEGOTIATION WITH A POINT ON
WHICH YOU BOTH AGREE.

19. NEGOTIATION
AGREE ON…
•THE MUTUAL BENEFIT OF HAVING A SUCCESSFUL
NEGOTIATION (BOTH WANT A RESOLUTION) AND
•THINGS OR ISSUES YOU EACH HAVE IN COMMON.

20. NEGOTIATION
GET INVOLVED- TAKE YOUR TIME AND TAKE
NOTES. THE OTHER SIDE WILL APPRECIATE YOU
TAKING THE TIME TO WRITE THINGS DOWN
(EVEN IF YOU REALLY DON’T NEED TO).

21. NEGOTIATION
TREAT NEGOTIATIONS LIKE A GAME. COME
ACROSS AS CARING ABOUT THE OUTCOME, BUT
NOT THAT MUCH.

22. NEGOTIATION
CONTROL YOUR EMOTIONS AND APPRECIATE
WHAT THE OTHER PERSON IS PROBABLY GOING
THROUGH. “EMOTIONS ARE IMPORTANT FOR
THE JOURNEY… BUT I DON’T LET THEM DRIVE
THE CAR!” - DONDI SCUMACI

23. NEGOTIATION
DEFLECT, REFLECT AND THEN SELECT. BEFORE
RESPONDING, LEARN HOW TO TAKE TIME AND
LET SOMETHING BOUNCE OFF YOU, REFLECT
AND THINK ABOUT IT, AND THEN SELECT YOUR
RESPONSE.

24. NEGOTIATION
TAP INTO THE OTHER PERSON’S BELIEF SYSTEM.
IN ALL NEGOTIATIONS THERE ARE GENERALLY
THREE TRUTHS: YOUR TRUTH, THE OTHER
PERSON’S TRUTH, AND THE ACTUAL TRUTH.

25. NEGOTIATION
LISTEN 70% OF THE TIME AND TALK 30% OF
THE TIME.

26. NEGOTIATION
ACKNOWLEDGE THE OTHER PERSON’S EGO.

27. NEGOTIATION
SET THE PROPER FRAME. SMILE AND MAKE A
GOOD FIRST IMPRESSION. BE HONEST AND
REAL.

28. NEGOTIATION
COMMUNICATE WITH TACT AND EMPATHY.
“TACT IS THE ABILITY TO TELL A MAN HE HAS
AN OPEN MIND WHEN HE HAS A HOLE IN HIS
HEAD” - ANONYMOUS

29. NEGOTIATION
KEEP THE OTHER SIDE TALKING. ASK OPEN-
ENDED QUESTIONS. “WHAT DO YOU MEAN BY
THAT?”

30. NEGOTIATION
TWO OF THE BEST NEGOTIATORS I’VE EVER
SEEN ARE DOGS AND BABIES. THINK ABOUT
THIS FOR A MOMENT.

31. NEGOTIATION
UNDERSTAND YOUR STRENGTHS AND
WEAKNESSES AND ALSO THE OTHER SIDE’S
STRENGTHS AND WEAKNESSES.

32. NEGOTIATION
PERCEPTION IS EVERYTHING WHEN
NEGOTIATING.

33. NEGOTIATION
SHARE YOU POSITION VIA STORY TELLING.
REMEMBER, FACTS TELL BUT STORIES SELL.

34. NEGOTIATION
USE PICTURES, GRAPHICS AND VIDEOS TO
MAKE YOUR POINT.

35. NEGOTIATION
DON’T FALL IN TO THE TRAP OF THE EITHER/OR
DICHOTOMY. IT’S NEVER ONLY A OR B.
THERE’S ALWAYS C, D AND E.

36. NEGOTIATION
DRESS AND GROOM YOURSELF APPROPRIATELY.
BE ON TIME, PREPARED AND REMEMBER THE 6
PS:
PRIOR PREPARATION PREVENTS PISS POOR
PERFORMANCE!

37. NEGOTIATION
NEGOTIATE IN PERSON WHEN POSSIBLE. OVER
THE PHONE IS OK. IN MOST INSTANCES, AVOID
NEGOTIATING BY EMAIL.

38. NEGOTIATION
REMEMBER THAT ABOUT 70% OF ALL
COMMUNICATION COMES FROM BODY
LANGUAGE, EXPRESSIONS AND EYE CONTACT.

39. NEGOTIATION
ON MAJOR ISSUES, NEVER NEGOTIATE FOR
YOURSELF. USE A THIRD PARTY.

40. NEGOTIATION
DO NOT INCLUDE PERSON WITH AUTHORITY
DIRECTLY IN THE NEGOTIATIONS. KEEP OPTION
OPEN, “I NEED TO RUN THAT BY MY PARTNER…”

41. NEGOTIATION
ALONG THE SAME LINES, DO NOT AGREE TO
NEGOTIATE WITH THE OTHER PERSON UNLESS
HE OR SHE HAS FULL AUTHORITY.

42. NEGOTIATION
NEVER TELL THE OTHER SIDE THEY ARE
WRONG. INSTEAD USE THIS, “I KNOW HOW
YOU FEEL. I USE TO FEEL THE SAME WAY. BUT
THEN I FOUND OUT ABOUT AAA AND NOW I
FEEL BBB.”

43. NEGOTIATION
WHEN MAKING OFFERS, USE TIME SENSITIVE
DEADLINES AND MEAN IT.

44. NEGOTIATION
ALWAYS LEAVE A “BACK DOOR” OR “EXIT
STRATEGY” FOR THE OTHER PERSON. ALLOW
HIM OR HER TO SAVE FACE AND AVOID
EMBARRASSMENT (ESPECIALLY IN FRONT OF A
CLIENT).

45. NEGOTIATION
WHEN THE TIME IS RIGHT, NEVER BE AFRAID TO
CLOSE THE DEAL. ASK FOR THE SALE OR
ULTIMATE DESIRED OUTCOME.

46. NEGOTIATION
AVOID BUYER REMORSE. IF DOCUMENTS ARE
NECESSARY, HAVE THEM READY TO GO AND
DON’T LEAVE UNTIL THEY ARE SIGNED AND ALL
TERMS ARE PROPERLY CONFIRMED.

47. NEGOTIATION
REMEMBER, NEGOTIATION IS SIMPLY A DANCE.
BE PREPARED TO TANGO, WALTZ OR HIP HOP IF
YOU HAVE TO.

48. NEGOTIATION
CONTACT INFO:
LAW FIRM: JACKSONANDWILSON.COM
COMMUNICATION TIPS: MITCHJACKSON.COM
TWITTER: @MITCHJACKSON

49. NEGOTIATION