- ISBN: 9780470045220 | 0470045221
- Cover: Paperback
- Copyright: 2/5/2007
In his successful entertainment law practice, Michael represents writers, directors, and producers. He was co-chairman of the Entertainment Section of the Beverly Hills Bar Association and is listed in Who’s Who of American Law. His book Clearance and Copyright is used in 50 film schools across the country.
Michael travels extensively to universities, annual meetings, and corporate headquarters throughout the United States, Asia, and Europe to lead workshops on the topic of negotiating. His expertise, developed over a lifetime of experience and learning, makes him a highly sought-after speaker. Michael’s expansive knowledge of negotiating coupled with his energetic and engaging style delivers powerful results to each seminar attendee.
Foreword | p. xix |
Introduction | p. 1 |
Who Needs to Read This Book? | p. 1 |
Foolish Assumptions | p. 2 |
About This Book | p. 2 |
How This Book Is Organized | p. 3 |
Preparing to Negotiate | p. 3 |
Getting Your Point Across | p. 4 |
Getting Past the Glitches to Close It Up | p. 4 |
Conducting Cross-Cultural and Complex Negotiations | p. 5 |
The Part of Tens | p. 5 |
Icons Used in This Book | p. 5 |
Where to Go from Here | p. 6 |
Preparing to Negotiate | p. 7 |
Negotiating for Life | p. 9 |
When Am I Negotiating? | p. 10 |
The Six Basic Skills of Negotiating | p. 10 |
Prepare | p. 11 |
Set goals and limits | p. 13 |
Listen | p. 13 |
Be clear | p. 14 |
Push the pause button | p. 17 |
Closing the deal | p. 17 |
Handling All Sorts of Negotiations | p. 18 |
When negotiations get complicated | p. 18 |
International negotiations | p. 19 |
Negotiations between men and women | p. 19 |
Negotiation on the phone and via the Internet | p. 20 |
Knowing What You Want and Preparing to Get It | p. 21 |
Creating Your Vision | p. 22 |
Envisioning your future | p. 23 |
Making a commitment | p. 26 |
Identifying your values | p. 28 |
Deciding How You Are Going to Achieve Your Vision | p. 29 |
The three-year plan | p. 29 |
Putting your plan into action | p. 31 |
Preparing Yourself for Negotiation | p. 32 |
A is for Alert | p. 33 |
Dressing for success | p. 33 |
Walking through the door | p. 35 |
Leaving enough time | p. 36 |
Defining Your Space | p. 37 |
Negotiating on your home turf | p. 37 |
Seating with purpose | p. 38 |
Planning the environment far in advance | p. 39 |
Mapping the Opposition | p. 41 |
Identifying the Person Conducting the Negotiation | p. 42 |
Filling Out the Information Checklist | p. 44 |
Determining the Negotiator's Level of Authority | p. 47 |
Finding the Negotiator's Key Client | p. 49 |
Aiming to please | p. 49 |
Making it personal | p. 49 |
Focusing on the Negotiator's Interests | p. 51 |
Recognizing faults that can trip you up | p. 51 |
Preparing is essential, even if it's someone you know | p. 52 |
Knowing the Marketplace | p. 53 |
Gathering Information: The One with the Most Knowledge Wins | p. 53 |
Browsing the Internet | p. 54 |
Visiting the library | p. 54 |
Shopping the competition | p. 55 |
Asking questions | p. 55 |
Reading insider reports | p. 56 |
Consulting Consumer Reports | p. 56 |
Playing Detective and Evaluating Info | p. 57 |
Solving the mystery of value | p. 58 |
Recognizing agendas: The source shades the results | p. 59 |
Staying informed | p. 59 |
Preparing from the General to the Specific | p. 60 |
Time | p. 60 |
Quality | p. 60 |
Quantity | p. 61 |
Changes | p. 61 |
Risk | p. 62 |
Strategic relationship | p. 62 |
Setting Goals | p. 63 |
Setting a Good Goal | p. 64 |
Getting active participation from every team member | p. 65 |
Keeping the goals on course | p. 66 |
Setting the right number of goals | p. 67 |
Setting specific rather than general goals | p. 67 |
Setting challenging yet attainable goals | p. 68 |
Prioritizing your goals | p. 69 |
Separating Long-Range Goals from Short-Range Goals | p. 69 |
Setting the Opening Offer | p. 70 |
Breaking the Stone Tablet | p. 71 |
Setting and Enforcing Limits | p. 73 |
What It Means to Set Limits | p. 74 |
Setting Limits in Three Easy Steps | p. 75 |
Know that you have other choices | p. 75 |
Know what the other choices are | p. 76 |
Know your "or else" | p. 77 |
Enforcing Your Limits | p. 78 |
Write down your limits | p. 78 |
Establish your resistance point | p. 78 |
Tell your team the limits | p. 79 |
Never paint yourself into a corner | p. 80 |
Practicing Negotiating toward a Limit | p. 80 |
How to Tell the Other Party When You're the One Walking Away | p. 81 |
The Consequences of Not Setting Limits | p. 84 |
Re-examining Your Limits | p. 85 |
Sometimes, the Best Deal in Town Is No Deal at All | p. 85 |
Getting Your Point Across | p. 87 |
Listening - Really, Truly Listening | p. 89 |
Two Quick and Easy Starter Tips to Better Listening | p. 90 |
Six Barriers to Being a Good Listener | p. 91 |
The defense mechanism | p. 91 |
Weak self-confidence (the butterflies) | p. 93 |
The energy drag | p. 94 |
Habit | p. 95 |
The preconception | p. 96 |
Not expecting value in others | p. 97 |
Becoming a Good Listener | p. 97 |
Clear away the clutter | p. 97 |
Take notes | p. 99 |
Ask questions | p. 100 |
Count to three | p. 100 |
Wake yourself up | p. 101 |
Listening Your Way up the Corporate Ladder | p. 101 |
Asking the Right Questions | p. 103 |
Tickle It Out: The Art of Coaxing Out Information | p. 103 |
Battling the jargon | p. 105 |
Clarifying relativity | p. 105 |
Asking Good Questions: A Real Power Tool | p. 107 |
Avoid intimidation | p. 109 |
Ask, don't tell | p. 110 |
Avoid leading questions | p. 111 |
Don't assume anything | p. 112 |
Ask open-ended questions | p. 113 |
Ask again | p. 114 |
Use your asks wisely | p. 115 |
Accept no substitutes | p. 116 |
Dealing with Unacceptable Responses | p. 116 |
Don't tolerate the dodge | p. 116 |
Don't accept an assertion for the answer | p. 117 |
Don't allow too many pronouns | p. 117 |
Look for Evidence of Listening | p. 118 |
Listening to Body Language | p. 119 |
Everybody's Bilingual | p. 120 |
It's written all over your face | p. 120 |
Silent signals from the rest of the body | p. 120 |
Remember to listen | p. 121 |
What Our Bodies Can Say | p. 122 |
Matching your body language with your words | p. 123 |
Reading someone else's body language | p. 124 |
Interpreting conflicting messages | p. 124 |
Emphasizing with body language | p. 126 |
Using Your Knowledge of Body Language in Your Next Negotiation | p. 127 |
Knowing where to stand | p. 128 |
Making the first contact | p. 129 |
Showing that you're receptive (and knowing if your counterpart isn't) | p. 129 |
Seeing a change of heart | p. 132 |
Ferreting out boredom | p. 135 |
Wearing your confidence on your sleeve | p. 135 |
Closing the deal | p. 136 |
Don't Believe Everything You See | p. 137 |
Different strokes for different folks | p. 138 |
Consider the context | p. 138 |
Prepare for the bluff | p. 138 |
Tuning In to Your Inner Voice | p. 141 |
The Origins of Your Inner Voice | p. 142 |
The conscious and subconscious mind | p. 142 |
Left brain vs. right brain | p. 144 |
Processing Information for decision making | p. 144 |
Bringing Out Your Inner Voice | p. 145 |
Quieting your mind | p. 145 |
Brainstorming | p. 146 |
Heeding Special Messages | p. 148 |
Shady characters | p. 148 |
Questionable deals | p. 150 |
Pre-buyer's remorse | p. 150 |
Being Crystal Clear: Telling It Like It Is | p. 151 |
What Being Clear Means | p. 151 |
Organizing Your Thoughts for Clarity | p. 152 |
P.R.E.P. for a presentation | p. 152 |
Outline your points | p. 153 |
Tell 'em once, tell 'em twice, tell 'em again | p. 153 |
Tips for Being Clear | p. 154 |
Know your purpose or goals | p. 155 |
Cut the mumbo-jumbo | p. 155 |
Keep your commitments | p. 156 |
Write it down | p. 156 |
Try being a journalist | p. 157 |
Steering Others to Clarity | p. 159 |
Tangent people | p. 159 |
Interrupters | p. 159 |
Unprepared people | p. 160 |
Too busy to be clear | p. 160 |
Capturing an Audience | p. 161 |
When You Have to Say No | p. 162 |
Barriers to Clarity | p. 163 |
Fear of rejection | p. 163 |
Fear of hurting someone else | p. 164 |
General distractions | p. 164 |
The High Cost of Not Being Clear | p. 165 |
The highest cost of all | p. 165 |
Deals that disappear | p. 166 |
The prices you pay without even knowing | p. 167 |
Worst case: The deal closes | p. 167 |
Phrases You Should Never Use during a Negotiation | p. 168 |
"Trust me" | p. 168 |
"I'm going to be honest with you" | p. 168 |
"Take it or leave it" | p. 169 |
"You'll never work in this town again" | p. 169 |
A slur of any kind | p. 170 |
How to Really Garble Communication | p. 171 |
Raise your voice | p. 171 |
Leave out details | p. 171 |
Don't check to see if you were understood | p. 171 |
Walk away and talk at the same time | p. 172 |
Assume that everyone understands you | p. 172 |
Don't permit any objections or questions | p. 172 |
Getting Past the Glitches to Close It Up | p. 173 |
Pushing the Pause Button to Turn Off the Hot Buttons | p. 175 |
Defining the Pause Button | p. 176 |
Telling the Other Person That You Need a Pause | p. 178 |
Checking with the boss: A classic that needs a little prep | p. 178 |
Taking notes now for pauses later | p. 179 |
Coming up with a few pause buttons | p. 179 |
Knowing When to Pause | p. 180 |
Pausing before a concession | p. 181 |
Pausing under pressure | p. 182 |
If You're Not the Only One to Pause | p. 182 |
Dealing with Your Hot Buttons and Other Emotional Responses | p. 184 |
Identifying your hot Buttons | p. 185 |
Pushing the pause button on anger | p. 185 |
Expressing enthusiasm | p. 187 |
Employing a positive attitude | p. 188 |
Acting assertively | p. 189 |
Dealing with discouragement | p. 190 |
Handling Stressful Situations | p. 192 |
At War with yourself | p. 193 |
Stop, look, and listen...before you have a meltdown | p. 193 |
Dealing with Difficult People and Situations | p. 195 |
Office Pests | p. 195 |
Responding to offensive behavior | p. 195 |
Handling the passive-aggressive co-worker | p. 198 |
Staying in control during a meeting | p. 200 |
Personality Types That Block Closing | p. 202 |
The bully | p. 203 |
The screamer | p. 204 |
The star or the boss | p. 206 |
The biased buyer | p. 207 |
Closing the Deal and Feeling Good About It | p. 209 |
Good Deals, Bad Deals, and Win-Win Negotiating | p. 210 |
Assessing the deal | p. 211 |
Creating win-win deals | p. 213 |
Concessions vs. Conditions | p. 216 |
What It Means to Close a Deal | p. 218 |
Understanding the Letter of the Law | p. 219 |
Legal definition of a closed deal | p. 219 |
Offers and counteroffers | p. 220 |
Written versus oral contracts | p. 220 |
Legal protection before the contract | p. 221 |
Recognizing When to Close | p. 221 |
Knowing How to Close | p. 222 |
The good closer | p. 223 |
The only three closing strategies you'll ever need | p. 224 |
Using linkage to close | p. 224 |
Barriers to Closing | p. 226 |
Overcoming fears | p. 226 |
Overcoming objections | p. 228 |
Closing When It's All in the Family | p. 231 |
When the Deal Is Done | p. 232 |
Review the process | p. 232 |
Set up systems for checking the system | p. 233 |
Remember to celebrate! | p. 234 |
When the Deal Just Won't Seem to Close | p. 235 |
Overcoming the Glitches | p. 235 |
Dirty Tricks That Torment | p. 236 |
A constant change of position | p. 236 |
Good cop, bad cop | p. 237 |
The invisible partner | p. 238 |
The double message | p. 240 |
Nickel and diming | p. 240 |
"Let's split the difference and be done" | p. 242 |
The hidden agenda | p. 242 |
Addressing Red Flags That Come Up When It's Time to Close | p. 244 |
"If you accept this price, I'll have a lot more work for you in the future" | p. 244 |
"We're in such a rush, why don't we start without a contract?" | p. 245 |
"We're such good friends, let's get started right away" | p. 245 |
Dealing with a Bad Negotiating Environment | p. 246 |
Managing Conflict When the Deal Won't Close | p. 248 |
The Ultimate Glitch: Someone Walks Away | p. 249 |
If the other party walks away | p. 250 |
If the other party comes crawling back | p. 250 |
If one of your competitors walks away | p. 251 |
If you're the one walking away | p. 252 |
Starting All Over Again | p. 253 |
Conducting Cross-Cultural and Complex Negotiations | p. 255 |
International Negotiating | p. 257 |
Understanding "Culture" Before You Negotiate Across the Globe | p. 258 |
Respecting cultural differences | p. 258 |
Speaking like a native when you aren't | p. 259 |
Directing your research to the right culture, subculture, or individual | p. 262 |
Preparing for a Negotiating Session with Someone from Another Culture | p. 262 |
Deciding whom to invite | p. 263 |
Hiring an interpreter | p. 263 |
How quick to the kill? | p. 265 |
If a meal is involved | p. 266 |
Listening Around the World | p. 267 |
Listening in Bali | p. 267 |
Listening in America | p. 268 |
Listening in Japan | p. 268 |
Speaking to Foreigners | p. 268 |
Observing Body Language | p. 270 |
Overcoming Unique Issues in International Negotiations | p. 271 |
Choice of language | p. 272 |
Currency fluctuations | p. 272 |
Time differences | p. 273 |
Closing Around the World | p. 274 |
Good ol' U.S. of A | p. 274 |
Middle East | p. 275 |
Japan | p. 275 |
Negotiating with the Opposite Sex | p. 277 |
Conversing Between the Sexes | p. 277 |
Bridging the gap | p. 278 |
Tips for women | p. 278 |
Tips for men | p. 279 |
Four Strategies for Women Who Want Men to Hear Them | p. 280 |
Avoid apologies | p. 281 |
Be brief | p. 282 |
Be direct; don't hint | p. 283 |
Avoid emotional displays | p. 284 |
Four Strategies for Men Who Want Women to Hear Them | p. 285 |
Don't be condescending | p. 286 |
Share before deciding | p. 286 |
Share something personal | p. 287 |
Avoid emotional displays | p. 288 |
Negotiating with Your Spouse, Your Boss, or Your Most Important Customer | p. 290 |
How negotiations within long-term relationships are different | p. 290 |
Tips for negotiating in long-term relationships | p. 291 |
Special preparations | p. 292 |
Complex Negotiations | p. 293 |
The Elements of a Complex Negotiation | p. 294 |
Handling the media | p. 294 |
Controlling your emotions | p. 298 |
Taking a vote | p. 298 |
Dealing with multiple parties at the table | p. 300 |
Wading through multiple issues | p. 300 |
Putting Your Skills to Work in Complex Negotiations | p. 302 |
Prepare | p. 303 |
Set goals, set limits | p. 303 |
Listen | p. 304 |
Be clear | p. 304 |
Push the pause button | p. 305 |
Closing | p. 306 |
Building Your Team | p. 307 |
Going Back for More: The Renegotiation | p. 308 |
A scheduled renegotiation | p. 309 |
An unscheduled renegotiation | p. 309 |
A conditionally scheduled renegotiation | p. 310 |
But I like the contract and I think it's fair | p. 311 |
Blind Negotiating: Telephone and Internet | p. 313 |
Putting in the Call | p. 314 |
Getting past the gatekeeper | p. 314 |
Leaving a message | p. 315 |
Hitting "0" | p. 316 |
Wording your voice mail greeting | p. 316 |
Assembling the Participants for a Telephone Chat | p. 317 |
Gathering in front of the telephonic campfire | p. 317 |
Conferencing with your own equipment | p. 317 |
Hiring outside help | p. 318 |
Making the Most of Your Telephone Negotiation | p. 318 |
Crisp beginnings | p. 319 |
When the meeting starts | p. 319 |
Speaking with authority | p. 320 |
Questions to ask on the telephone | p. 321 |
Shaking hands over the phone | p. 322 |
Negotiating via E-Mail | p. 322 |
The Part of Tens | p. 327 |
Ten Personality Traits of Top Negotiators | p. 329 |
Empathy | p. 330 |
Respect | p. 330 |
Personal Integrity | p. 331 |
Fairness | p. 331 |
Patience | p. 332 |
Responsibility | p. 332 |
Flexibility | p. 333 |
Sense of Humor | p. 333 |
Self-Discipline | p. 333 |
Stamina | p. 334 |
Ten Key Negotiations of Your Life | p. 335 |
Asking for a Raise | p. 335 |
Buying a Used Car | p. 337 |
Buying Engagement and Wedding Rings | p. 338 |
Planning a Wedding | p. 339 |
Buying a Home | p. 340 |
Negotiating a Home Improvement Contract | p. 342 |
Negotiating a Divorce Settlement | p. 343 |
Negotiating about Naptime, Curfew, Dessert, and Other Childhood Necessities | p. 344 |
Preparing to negotiate with your kids | p. 345 |
Setting limits for minors | p. 345 |
Listening to your kids | p. 345 |
Parenting with clarity | p. 346 |
Pushing the parental pause button | p. 346 |
Closing with kids | p. 346 |
Choosing Medical Care for an Incapacitated Parent | p. 347 |
Buying Funeral Services | p. 348 |
Index | p. 349 |
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