Influence In Negotiation

Some negotiations never end. The meeting ends. The contract is signed. The rate is agreed. Yet the same issue returns a few weeks later....through a different email, a different phone call, or a different escalation. The price was settled. The problem was not. Over the years, I have come to believe that the success of a negotiation is rarely determined at the negotiating table. It is determined later. When the shipment moves. When the invoice is raised. When demand changes unexpectedly. When something goes wrong. That is when agreements are truly tested. Many negotiations focus on extracting the last concession. The better ones focus on eliminating the reasons for future disagreement. Because unresolved assumptions have a habit of returning as disputes, delays, claims, exceptions, and frustration. If the same issue needs to be negotiated again and again, it was never really resolved. It was merely postponed. The purpose of a negotiation is not to settle today's disagreement. It is to prevent tomorrow's. A good negotiation closes a deal. A great negotiation survives execution. And the best negotiation is the one you never have to repeat. 😊 Have a great week ahead ! 🌸 — SDJ

If you've stepped to the lectern to make an appellate argument, you've probably had the experience: a judge presses you to concede a point. Human instinct being what it is, most of us are inclined to instantly push back for fear of conceding our way to a loss. That instinct is wrong, of course. Some concessions just need to be made. We're ethically obligated to be candid with the tribunal and, even if we weren't, it's just bad advocacy to lose credibility by denying what is undeniable. In fact, sometimes concessions are more than just admitting what we must; they can be credibility boosters with the court because, when an advocate makes concessions, a judge is more likely to credit other things the advocate says. Is there a strategic way to handle concessions? Certainly. One is to be willing to make them in the first place. Another is to handle them thoughtfully. How do you do that when they come up while you're at the lectern, under argument pressure? One tactic is to think about them long before the argument. When I first learn that I'll be arguing an appeal, I start making a concession list. As I study the arguments, the legal authorities, and the record, I make notes about concessions I might be asked to make. I add to that list after our moot court. As the argument approaches, I talk with my colleagues on the litigation team and with the client, tell them I think I might be asked to make those concessions, and discuss how best to handle them. That way, if I am in fact asked to make one of those concessions, I can do it in a deliberative way that best balances my twin goals of maintaining credibility and doing all I can to help the client prevail. Of course, you can't always predict what concessions a judge will seek, and there aren't always good ways to soften concessions no matter how much time you have to deliberate. But I think it's still worth the effort.

When faced with a "hard no" or an unyielding boundary, most people give up. True strategists do the opposite: they seek out "The Art of the Possible". A perfect masterclass on this comes from ancient Indian literature, the story of Princess Savitri and her negotiation with Yama, the god of death. When Yama came to claim her husband’s soul, he gave her a strict, non-negotiable boundary: You can ask for anything, but you cannot ask for his life. Instead of fighting an immovable wall, Savitri mapped out the perimeter of what was possible and completely flipped the script. 1. She Expanded the Pie Before addressing her main objective, she secured concessions that mattered to her broader ecosystem—restoring her family’s lost kingdom and wealth. She built momentum through smaller "yeses". 2. She Used Her Opponent's Framework For her final request, she asked to be the mother of a hundred sons. Yama granted it. She then calmly pointed out the logical paradox: as a devoted wife, she could not fulfil this granted future if her husband remained dead. By leveraging the very rules Yama set, she made her ultimate goal the only logical outcome. Bound by his own word, the God of Death conceded. As a sales professional, this story provides me some insights. When a negotiation feels entirely deadlocked, stop pushing against the "no". Find the hidden terrain of what the other party is willing to grant. Connect the dots: Look at how separate concessions can be linked to create a cascade effect toward your main objective. Master the framework: The best negotiators don't break the rules; they understand them so deeply that the rules themselves solve the problem. In business and leadership, "impossible" is often just a boundary waiting for a better strategy. How do you uncover "the art of the possible" when a deal hits a wall? #StrategicNegotiation #Leadership #TheArtOfThePossible #ProblemSolving #BusinessStrategy #Influence

How you lose deals in late-stage negotiations (It’s not about price) I don’t panic when procurement gets involved. I don’t offer discounts before understanding the full ask. I don’t mistake “We need a better price” for “We’re not interested.” Late-stage negotiations aren’t just about price—they’re about power. Weak negotiation leads to: ❌ Endless back-and-forth with no decision ❌ Unnecessary discounts that kill your margins ❌ Prospects choosing a competitor at the last minute Here’s what I focus on instead of playing defense: 1. Price Objections Are Rarely About Price When a prospect says, “This is too expensive,” I don’t immediately negotiate. I ask, “Compared to what?” Then, “If price weren’t the issue, is this the right solution for you?” Half the time, it’s not about cost—it’s about hesitation. Solve that first. 2. Never Negotiate Without Trade-offs If they ask for a discount, I don’t say, “Sure, let me check with my manager.” I say, “If I can make the numbers work, can we sign by Friday?” Every concession needs a commitment. Otherwise, you’re just giving things away. 3. Procurement is Not the Enemy Procurement’s job isn’t to say no—it’s to get the best deal for their company. I get ahead of this by asking my Champion, “What’s their process? What do they care about most?” The more I understand their priorities, the easier it is to close the deal. 4. Deadlines Are Your Best Friend If a deal drags, it dies. I don’t just “check in” and hope for the best. I say, “Let’s set a decision date so we can align resources on both sides. What works for you?” No urgency = no movement. My Late-Stage Negotiation Framework: • Confirm real objections (Is it really price or something else?) • Negotiate with trade-offs (Always get a commitment in return) • Align with procurement early (Know their process before they stall the deal) • Set a clear deadline (And stick to it) The result? Fewer ghosted deals. Fewer unnecessary discounts. More closed-won. Late-stage negotiation isn’t about who blinks first—it’s about who controls the process. What’s one negotiation move you swear by? EDIT: (here is the prompt for ChatGPT - tag me in yours) Draw an Action Figure of the person in this photo. The action figure should be displayed full figure in its original white blister packaging. On top of the box is the name of the toy “AE” in a dark blue single line of text. In the blister pack packaging next to the figure show the toys accessories like MacBook , Jabra Evolve 75 headphones, coffee mug with Pleo written on it, Gym membership, LinkedIn APP, CapCut APP, Grammarly App. There should be a starburst label on the bottom right in black and pink that says limited edition. It should look like a premium toy and everything should be inside the plastic. #sdr #ae SDRs of Germany

Don't Confuse Negotiating with Discounting. They're Not The Same thing. We've all been blindsided at the end of a sales cycle: - You’ve worked a deal for months. - You’ve got an amazing champion. - Terms are finalized. - The paperwork is out for signature. Then... 💥 It all goes sideways: - Your champion suddenly has no power. - Procurement shows up. - CFO’s name gets dropped. - A list of “budget constraints” & discount demands out of no where - Deal stalls. Or shrinks. Or disappears. Sound familiar? We've all been there. 💡 Here's how to take control of your negotiation: 1️⃣ Start the negotiation early in the sales cycle. Don't wait for procurement to show up and crack the whip Set the ground rules up front. Let your buyer know the levers you can work with: a.) Multi-year agreements b.) Upfront payments c.) Volume commitments d.) Bundle product SKU's If they want a lower price, these are the trade-offs. No trade-off? No discount. Be clear about this from the start. 2️⃣ Focus on the Process vs the People Instead of asking "Who is the decision maker?" try "What is the decision process?" 3️⃣ Discounting is not negotiating Negotiation = give something, get something Concession = give something, get nothing 4️⃣ Track concessions like currency - It’s okay to give concessions (especially ones that don’t take money out of your pocket, ie free conference passes). - But: Make sure your buyer knows you’re doing them a solid. - Keep a running list of every concession. - Assign a monetary value to each one so your “gives” are visible & tangible 5️⃣ Make it cooperative, not adversarial. - The definition of negotiation is: two parties coming to an agreement that’s mutually beneficial. It has to be a WIN-WIN. - Keep the tone collaborative—work with your buyer, not against them I’ve learned these lessons the hard way more than once in my 20+ yrs in sales. It’s a game-changer when you make negotiation a proactive, fair, two-way process. 💬 Curious—how do YOU handle late-stage negotiations when procurement swoops in? Drop your best tactic below 👇 #TuesdayTips #ForTheLoveOfSales ____ ✨ Follow me, Jen Fraiman (Shaeffer), the #SaaSySalesCoach, for selling better through clear communication. 👉 Sales & Enablement Leaders: Ready to drive revenue by leveling your sales team? DM me for details on my Sales Training + Coaching Programs.

Have you ever wondered how companies secure better contract terms? It’s not luck; it’s strategy. Negotiation is not about winning; it is about securing the best terms while maintaining strong relationships. It is about ensuring long-term value, flexibility, and a partnership that works for both sides. Here are some proven strategies: 1️⃣ Know Your Deal Breakers & Where You Can Give Not every term is worth fighting over, but some are non-negotiable. Before you start, be clear on what you absolutely need and where you have flexibility. If you give on minor points, the other side is more likely to meet you on the big ones. 2️⃣ Just Ask – It’s That Simple One of the easiest ways to save money? Simply asking. A quick “Can you do better?” or “Are there any discounts available?” can open the door to better terms. Vendors expect negotiations, and if you never push back, you might be leaving savings on the table. 3️⃣ Look Beyond Price – Value Matters Too Price is just one piece of the puzzle. If the vendor cannot move on cost, shift the focus to value. Ask for: ✔️ Better service levels or faster response times ✔️ More flexible payment terms ✔️ Free upgrades or additional features ✔️ Longer warranties or extended support These extras can be worth more than a discount. 4️⃣ Control the Renewal Terms – Avoid the Auto-Renewal Trap Many companies forget about renewals, which can include price increases. Before signing, check: 📌 Does the contract auto-renew? What is the cancellation notice period? 📌 Can they increase pricing without renegotiation? 📌 Do you have flexibility to adjust terms if business needs change? Make sure you can review and renegotiate before getting locked in again. 5️⃣ Silence Is Your Friend – Let Them Talk First After you ask for a better price or terms, pause. Do not fill the silence. Let them respond. Many people feel uncomfortable with silence and will start offering concessions just to keep the conversation moving. 6️⃣ Be Willing to Walk Away – Your Strongest Leverage Your greatest power in negotiation is the ability to walk away. If the deal does not meet your core needs, be ready to say no. This often shifts the conversation in your favor. It is not about playing games; it is about knowing your value. 7️⃣ Negotiation Is Not a Battle – It’s a Relationship The best negotiations do not feel like fights; they feel like problem-solving. If you collaborate instead of compete, you will secure better terms while keeping the relationship intact. A vendor who feels valued is more likely to: ✔️ Offer you their best pricing and service ✔️ Be flexible when your needs change ✔️ Go the extra mile when you need urgent help Bottom Line? Just Ask. Negotiation does not have to be complicated. Sometimes, all it takes is asking the right questions. Want help structuring your negotiations or optimizing your contracts? Let’s chat. #Negotiation #ContractManagement #Procurement #VendorManagement #BusinessStrategy #LetsChat

Negotiation stalled? Offer smart choices, not discounts Here’s how to use MESOs to protect margin, shorten cycles, and uncover hidden value in high-stakes deals. This week, I spoke at REF in Panama to 50 top executives on "The Smart Negotiator", thanks to the initiative of Marcos Tejeira and Robbie Garcia. I promised to share how MESOs can transform their deals. In one session, a participant told me: “We wasted six weeks chasing price, and still left value on the table.” That’s the trap of single-offer bargaining. The fix? MESOs: Multiple Equivalent Simultaneous Offers. → Three (or more) complete packages. → Equal in value to you. → Different mix of issues. They choose. You learn. You control the frame. Why savvy negotiators use MESOs: • Control anchoring; your packages set the reference points, not theirs. • Surface priorities fast, minutes, not weeks. • Reduce defensive posturing, more openness, fewer deadlocks. • Protect margin, trade across issues, not just price. Five clear steps to build MESOs: 1. Identify all negotiable issues, beyond price: term length, scope, service, IP rights, payment timing, risk allocation. 2. Rank them by importance to you; link each to margin impact, risk reduction, or strategic positioning. 3. Design three strong packages, each one acceptable to sign, each pointing toward your preferred outcome. 4. Present as choice, not concession: “We can make this work in several ways. Here are three that work for us.” 5. Use their preference as intelligence, refine the next set of packages to capture more joint value without crossing your limits. When done well, MESOs aren’t just a tactic; they’re a system for creating and capturing value. If you don’t control the options, you’re playing their game. 📌 Save this for your next high-stakes negotiation. ♻️ If this sharpens your game, share it with your team. 

In commercial real estate, price gets the headlines. Structure determines who wins. 💰 "We got six months of FREE RENT!" Did you? Or did you simply pay for it differently? One of the biggest misconceptions in commercial real estate is that lease concessions are either a victory or a sign of weakness. They're neither. They're tools. Whether it's: ✅ Free Rent ✅ Tenant Improvement (TI) Allowances ✅ Free Parking ✅ Moving Allowances ✅ Flexible Lease Terms Concessions exist for one reason: To bridge the gap between what a landlord needs and what a tenant can justify. In strong markets, concessions shrink. In softer markets, concessions grow. But here's the lesson many CRE professionals learn the hard way: 👉 The most important number isn't always the rental rate. 👉 It's what someone is willing to give away to get the deal done. For landlords, concessions can accelerate occupancy and attract stronger tenants. For tenants, they can preserve capital and reduce upfront costs. For both sides, they can create opportunities—or hide expensive mistakes. The best negotiators don't ask: "How much free rent can I get?" They ask: "How does this concession impact the economics of the deal over the life of the lease?" That's where the real value is found. In commercial real estate, price gets the headlines. Structure determines who wins. 📖 New CRE Professor Blog: Commercial Real Estate Concessions: The Free Rent Isn't Free What are the most creative lease concessions you've seen used to get a deal across the finish line? #CommercialRealEstate #CRE #BrokerLife #Leasing #TenantRepresentation #LandlordRepresentation #CREProfessor #RealEstateInvesting #OfficeSpace #IndustrialRealEstate #RetailRealEstate #PropertyManagement #CREEducation

How Defendants Should Think About the First Offer The First Offer Problem When a plaintiff demands a million dollars, what should a defendant do? The instinct is often to think in simple fractions. Plaintiffs ask for twice what they want. Defendants assume the other side will settle near half. Someone suggests splitting the difference. But negotiation doesn’t work like arithmetic. Every number you put on the table has weight. Too low, and you risk insulting the other side. Too high, and you let the midpoint drift in their favor. Your first counter is not just a number—it’s an anchor. Concessions Tell a Story If every move is the same size, you’re signaling that you still have room to run. Smarter negotiators use diminishing steps. The early concessions are larger, later concessions are smaller, and by the end you are signaling that you are at or near the limit. Offering Choices Through MESOs Another tool is offering structured choices instead of a single number. Negotiators call these “MESOs”—multiple equivalent simultaneous offers. For example, in a business deal gone bad, a defendant might offer more money in exchange for a clean break and finality, or less money in exchange for a second deal that keeps the relationship alive. Either choice works for the defendant, but the plaintiff’s reaction reveals what they value most. That information is power. Sharing the Win Finally, remember that people want to feel like they won. In negotiation, “winning” often means being the party whose number is accepted last. That creates a standoff. The way out is to let someone else carry the proposal. A mediator can make a mediator’s proposal. Or you can tell the other side: “I don’t have authority, but if you’ll recommend this number to your client, I’ll recommend it to mine.” Now both sides own the outcome, and the win is shared. The Takeaway Settlement isn’t math. It’s about managing anchors, pacing concessions, offering creative choices, and shaping the deal so both sides believe they won.