Daily Archives: November 5, 2024

Negotiating Anything, Any Place : Moving Up (Part 4)

Negotiations_moving up

Good Day Readers, we are going continuing to discuss where we left from our Last Part.
So, Lets start to discuss our Third Example “Moving Up“.
You dutifully mail in your federal tax form by midnight, April 15. You’ve answered every question like an Eagle Scout, falsifying nothing. 
2 Month’s Later, you receive a modified form letter from the Internal Revenue Service. The IRS wants you to visit a Local office at 10:00 A.M. the Following Thursday. There are discrepancies that need straightening out.
Your stomach wraps around your spine. You idiotically fantasize that you must be guilty of something.
Use your head. Stop being emotional. Let your stomach relax. No one’s going to flog you with a truncheon. In actuality, you’ll be treated with exaggerated respect. You’ll get the “Kid Glove Treatment“.
Carrying pertinent records and canceled checks, you drop by the IRS office at 10:00 A.M, per instructions. You tell the receptionist your name, then glance over his left shoulder.
Rows of desks pop into focus behind him. Seated over his left shoulder. Rows of desks pop into focus behind him. Seated at each desk is an individual with an electronic calculator, a pad of paper, tax-table books, and a serious, kindly face. Remember 4 things about these auditors:

  1. They’re simply doing a job — and not making much money at it.
  2. They dislike paying taxes as as you do. When it comes to their own taxes, they probably fudge a trifle to the same extent as the general populace. In fact, some of them are also audited.
  3. If not very imaginative, they tend to “go by the book,” thinking in general terms, rather than specific applications.
  4. And here’s the biggie: Despite electronic calculators, what they do is subjective and evaluative. It’s anything but objective, air-tight, and fool-proof. In brief, your interpretations and evaluations may be as valid as theirs. If you doubt this, consider the well-publicized instances, each year, in which ear-marked returns have been shuttled past 8-10 auditors. Have the “Test” auditors, stirring the same broth, cooked up the same figures? No. The figures have been unbelievable — almost laughably — divergent.

As you wait for your name to be called, you double-check what you’re wearing to make sure you aren’t overdressed.
You should never dress like a fashion plate when entering an IRS office.
Don’t look like a bum, but also don’t resemble the front cover of Gentlemen’s Quarterly or Harper’s Bazaar. The person you deal with will feel comfortable with you, and friendly toward you, only if he/she can identify with you. 
( This is a psychological insight sharp trial lawyers cash in on so they won’t turn juries off. Some leave their hair in need of a trim; others don’t shave too closely; and still others let their shoes get scuffy.) 
Your name is called. simultaneously, a designated auditor steps forward to greet you. At this point — and throughout the transaction — your attitude is one of pure “Help me!
You Personalize yourself, coming across as a reasonable, likeable, friendly human being. Are you argumentative? To the contrary. Are you defensive? Absolutely not. You’re there to be cooperative. Butter wouldn’t melt in your mouth.
The auditor says, There are 4 things I want to discuss with you: 

  1. Your charitable contributions;
  2. The figure you put down for home depreciation;
  3. Your enhancement of your property through extensive additions;
  4. The amount of money you claim you sent in as a quarterly Tax Payment. 

You clear your throat. This may be tougher than you anticipated. But need it be? No. Just play it cool.
The Auditor continues, “I’d like to see verification of the $900.00 you put down on your return for charitable contributions.
No Problem“, you reply. “I have the canceled checks right here, in this envelop.
The auditor thumbs through the checks, concurrently depressing buttons on the desktop calculator. “These only total $360.00. How do you account for the other $540.00?
Your answer is as sincere as it is quick. “I faithfully go to church every Sunday. Each Time, I drop $10 in the collection Plate.
52 Times a Year?
Without fail. That comes to $500“.
What about the remaining $40.
You don’t even bother to clear your Throat. “That was for Girl Scout cookies, hand-outs to kids soliciting funds for Little League Baseball, and so forth. I probably should have put down $60 for all that.
Hmmm…” comments the auditor. “That’s hard to believe. No one’s that generous!” 
You shrug. ” I am” .
I’m going to put a question mark next to that $540.00 figure,” says the auditor.
Note the situation here. The auditor can’t prove that you didn’t drop $10 in the plate each Sunday or dispense money to Fresh-faced youngsters. That’s strictly a matter of judgement of what is reasonable. With respect to matters of judgement, the IRS doesn’t have you ” Dead to Rights,” as the saying goes. There can always be an appeal to a higher-level.
The Interaction continues. The auditor claims your home-depreciation figure should reflect 12 year period. You politely disagree, reiterating that the figure should reflect an 8 year period.
You stick to your guns, like Stonewall Jackson at the Battle of Bull Run. Nothing can budge you.  
Does the IRS have you dead to rights? No. This, too, is a matter of judgement. This, too, can be appealed.
Having scrawled a 2nd Question mark with a Magic Maker, the auditor, a literalist from the word “Go,” proceeds.
You enhanced your Property by $2,000.00 when you made the additions spelled out on Page 4 of the typewritten sheets attached.” 

What happened Next Let’s See in Next Part.
Negotiating Anything, Any Place : Moving Up ( Part 5 )” 
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Negotiating Anything, Any Place : Moving Up (Part 3)

Dear Readers, We will be continuing discussing where we left . Check the Last Part.
So, We are going to discuss Another Example now.
In the winter of 1978, I flew to Mexico City to conduct a Negotiations Seminar for Local Businessmen. I had reservation at a magnificent hotel. Unfortunately, the Hotel could not Honor it. 
The Registration clerk announced that all rooms were filled. Apparently, guests had stayed over because a snowstorm had canceled flights to the Midwest United States.
After making no Progress with the Clerk, Primarily because of a Language Problem, I asked to see the Manager. I lit a Cigar, rested an elbow on the Marble check-in counter, and asked the manager, “What if the President of Mexico showed up? Would you have a room for him?” “Sí Se`nor —“I blew a smoke ring toward the ceiling. “Well, he’s not coming, so I’ll take the room.” Did I get a room? You bet, but I had to promise that if the President arrived, I would vacate immediately.
Here’s the second “Moving up” Example.
You and your daughter shop for an evening gown for her high school senior prom. She finds one that thrills her to the bottom of her feet. you purchase it and take it home, and thrills her to the bottom of her feet.
You purchase it and take it home, and your daughter promptly comes down with a severe case of stomach flu. With tears in her eyes, she calls her date from a bedside phone and informs him she’ll  have to cancel.
What about the evening gown?” you ask, displaying poor timing and a poor sense of priorities.
Please take it back!” she sobs, burying her face in a pillow. “I never want to see it again. I hate it!
You return the Evening Gown to the dress shop.
I’m very sorry,” murmurs a clerk, “but we have No-Returns Policy.
She didn’t even wear the dress!” you protest. “The price Tag’s still on it!
You glance at a wall sign. It states: NO RETURNS ( The Power of Legitimacy )
I want to talk to the Proprietor!” you say.
She’s out to Lunch. Won’t be back for 45 minutes.
I’ll wait,“you mumble, seating yourself on the nearest chair. ( If you can’t satisfaction from someone, go over that person’s head. Move up a Level.) 
In 45 minutes, the Proprietor returns. You closet yourself with her in her office. You explain the circumstances: Your daughter’s sick; the gown was never worn.
How do I know the gown wasn’t worn?” the Proprietor asks. 
This is an old trick some Parents pull. they simply reattach the Price tag, then try to remove any soiled spots with a damp rag!
You show her the purchase date on the sales slip. You offer to phone your Family Physician, in her presence, to verify that your daughter was home ill the night of the prom.
Oh, all right,” concedes the Proprietor. “We’ll make an exception this time. I’ll have the woman who waited on you cancel the charge for the gown.
You see, there’s an exception to every rule. Rules are General. In most cases, they should be adhered to, or we’d live in a world of anarchy. But let me give you one simplistic example where a rule should be broken. 
Your listening to a Sermon in church. the congregation is silent, hanging on the minister’s every word. There’s a rule in that church that not one speaks during a sermon. To speak would break the spell. Suddenly, you detect a flicker of flame at the base of one wall. 
A wire behind the plaster is malfunctioning. What should you do? If you cannot break a rule under any circumstances, you have 3 Alternatives:

  1. Cue the minister by blowing the smoke his way.
  2. Compose a note that will be passed slowly down to the pulpit, reading, “The church is on Fire!
  3. get up and leave without a word, since there’s no rule against this behavior.

The Particular circumstances govern whether or not you can justifiably break a reasonable rule. If you do not want a Policy or Regulation to govern your situation, be prepared to demonstrate that the farmers of this rule never intended it to cover your unique facts.

Well, Readers we are going to discuss it further in the Next Part:
Negotiating Anything, Any Place : Moving Up ( Part 4 )

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Negotiating Anything, Any Place : Moving Up (Part 2)

Dear Readers, Today we will continue to discuss where we left from our Last Part.

So Let’s start
The similar situation is, 2 years ago, I had a Guaranteed Reservation at a Manhattan Hotel. As I took a Taxi to my Destination, late in the evening, the driver said, “We’ll have to stop at this corner. The street’s blocked. It looks like a Police Barricade.
Oh, Great,” I grumbled, getting out of the cab and paying my fare. Hosting my bags, I shouldered my way Past Policemen, Press Photographers, gawking Pedestrians, TV camera crews, and Newspaper Personnel.
Hey, what’s going on?” I asked the doorman, after trudging to the hotel’s ornate entranceway.
He pointed skyward, “Some guy on the 11th floor’s about to jump. That’s what’s going on!
Gee, that’s too bad,” I said, upset at the thought of a fellow human tumbling to the sidewalk. I edged through the revolving door and approached the desk. “My name’s Cohen,” I said. “I have a guaranteed reservation.” 
The registration clerk Murmured, “Yes, you do, Mr. Cohen — but we don’t have a room.
I Grimaced. “What do you mean, you don’t have a room?
Sorry,” said the clerk, “but we’re all filled up. You know how it is.” 
No, I don’t know how it is!” I retorted. “You have to have a room somewhere!
Let me check around at other hotels,” he suggested, reaching for a desk phone.
Hold it!” I snapped.  “You do have a room! You know the guy on the 11th floor? The one who’s causing all that commotion outside? He’s checking-out!
The wind-up? The guy didn’t jump. The police corralled him but checked him into a different facility for psychiatric examination. I got his vacant room.

Let me give you another personal Experience in our Next Part:
Negotiating Anything, Any Place : Moving Up ( Part 3 )
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Negotiating Anything, Any Place : Moving Up (Part 1)

Good Day Readers, Today we are going to start our New Topic Moving Up. What Does it Mean?
Does the squeaky wheel really get the grease? Yes — if it knows where and how to squeak.
Let’s cover a grievance that you have against a large, seemingly impersonal bureaucracy. I recommend —

  1. Phone the organization’s nearest office. Get the full name and position of the person you speak with. Put your plight in simple human terms so they can identify you. After asking for their help, obtain a verbal commitment and a time for remedial action to occur.
  2. Follow up the phone call with a gracious letter to remind the person with whom you spoke that you are counting on them.
  3. Just before the action deadline, call your “friend” to check on the progress of their personal efforts. If this doesn’t stir things up —
  4. Visit the nearest office in person. Be polite and courteous. See your “friend“, but make sure others are also aware of the injustice that still exists. Solicit help from others so they feel an obligation to assist in finding an equitable solution.

What if the preceding still doesn’t result in satisfactory action? Move up Another Level.
Every organization is a hierarchy. Steadily go up the ladder, rung by rung, until you get satisfaction. The higher you go, the more likely you are to have your needs met.
Why? Several reasons. People who are higher up understand that general rules were never meant to cover every specific situation. They’re more aware of the Big Picture and can visualize the fall-out that might result from improper handling.
Even more significant, they have greater authority and get paid to take some risks and make decisions.
At any level, try not to Negotiate with a person who lacks authority, unless you enjoy wasting your time. If you’re considering interaction with someone, first ask yourself: Who is this individual? What Experience have others had with him? Where is he on the organizational chart? What types of decisions can he actually make? Does he have any real clout?
When you’re determined all this to a reasonable extent, check it out by asking the person, politely but pointblank, “Can you remedy this situation?” or, “Are you able to help me solve this problem?” or, “Do you have the authority to take the kind of action I want right now?” 
If the response is negative, turn to someone else.
No one has total authority, so don’t expect it. All you can expect of someone with moderate to considerable authority — especially i a bureaucracy– is that if he makes an agreement, he’ll do everything in his power to implement it.
He’ll crawl out on a limb to honor his commitment. He’ll stick his neck out for you, if only because it’s a matter of his integrity and principal.
When Menchem Begin of Israel finally agreed to go along with the Mideast peace formula, he said the equivalent of this to President Carter:  “I don’t have the authority to make a definite national commitment, but I will guarantee that if the Israeli Parliament doesn’t ratify the agreement, I’ll resign.” You can’t ask for more than that
Let me give you 5 Examples of a squeaky wheel getting the grease because it moves up to levels of greater authority. In each case, you’re the hypothetical squeaky wheel.
Here’s the first example.
Because the plane you took dragged its wings in a holding pattern, thanks to a thunderstorm, you arrive at a hotel 40 minutes before midnight. Your suit is damp and wrinkled, your shoes are wet, you have dyspepsia, and you’re fatigued right down to your bone marrow.
Even your teeth are tired. You’re eager to hit the sack in that single room for which you have a guaranteed reservation. Thank God you have that reservation.
The check-in clerk glances at you, then mutters, in a flat, metallic voice, “Yes your Reservation is guaranteed, but we don’t have a room. We accidently overbooked, It happens once in a while.“What should you do? Immediately lower your suitcase to the carpet and remind yourself that the clerk is, at that moment, basically a reacting, non-thinking machine. He’s behaving like a programmed robot or computer, feeding you information his superiors in the hotel’s hierarchy fed to him.
They told him there are no rooms available. Parrotlike, he’s transmitting this data to you. Since he isn’t thinking of options at the hotel’s disposal, it’s up to you to help him solve their problem.
You run the options through your head. The hotel may have suite it can give you. It can put a bed in one of it’s meeting rooms. It might let you use the living room portion of a suite. It could even have a room, if you intend to leave early the next morning.
As a starter you say, “Well — how about a suite? How about the Governor’s Suite, if the others are taken? I know you have meeting rooms and conference rooms. They’re advertised in all your brochures. Could you put a bed in one of the conference rooms or meeting rooms?
The clerk balks. “Oh no — we can’t do anything like that. Why don’t you let me try to put you up in another hotel?” 
You reply, “I don’t want to be put in another hotel. I’m tired, and I want to got to bed, to quote an old song. And I want to go to bed right here. Let me talk to your General Manager, Please.” ( You know the General Manager won’t be on duty this late at night, but you want the clerk to know you are determined.)
The clerk makes a face, picks up a special phone, and mumbles something into his mouthpiece. The night manager suddenly appears, as you knew he would. You repeat your query about suites, meeting rooms, and other available options.
The night manager consults a room chart, frowns, and looks up. “We do happen to have a suite left. It’s being redecorated. However, it’s double the price of a single room.
You quietly but firmly state, “It shouldn’t cost one red cent more, because I have a guaranteed reservation!
The Night Manager sighs, then says, “Well — do you want it or not?
You Reply, “I’ll take it — and we’ll discuss the Price Tomorrow.
Nect morning, when you’re at the front counter again, ready to check out, you’re presented with your bill. Sure enough, it’s double the price you expected to pay. Now you ask to see the General Manager. Are you self- confident? Yes. 
You know you’re in the driver’s seat, because the service has already been rendered. (Once a service has been rendered, it’s never as valuable as it was prior to being rendered.) You inform the General Manager about your surprise when the hotel failed to honor its reservations policy.
After listening to his explanation, you now discuss the exorbitant room charge.
95% of the time, the General Manager will apologize for the billing error. He’ll let you pay the single-room price for the suite. He knows that, had it not been for the hotel’s carelessness, the question of the room charge would never have come up. And he’s aware that in the long run, it pays to be fair.
Let me give you a Personal; “For Instance” involving a similar situation. 

Well Readers, we’ll take a break here and discuss this next example in our Next part.
Negotiating Anything, Any Place : Moving Up ( Part 2 )
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Negotiating Anything, Any Place : Telephone Negotiations and Memos of Agreement ( Part 5 ) 

Telephone Negotiations

Good Day Readers, Today we are going to continue with the Topic “Write a Memorandum of Agreement
So, Let’s Begin with the Topic

  • When you know from the outset that you will be writing the memo of agreement, you listen more effectively and take better notes. Indeed, you will be more attentive and exercise considerable self-discipline.
  • Your Initial draft will establish the framework for any possible future revisions. It will determine definitions and set the limits for discussion.

Here’s an example. Let’s say you and I wrap up a Phone Transaction. You agree to let me write the letter of intent, without realizing the effects of your gesture, I write the memo and mail you a copy.
2 Days Later, you phone me and say, “Hey, wait a minute! I got your write-up, and you left out item A.
Item A?” I reply, all innocence.
Yeah” you continue. “Remember A?
I act slightly puzzled. “Oh — item A. I seem to remember your mentioning it briefly.
You persist, “Well, why don’t you put it in?
I counter with, “I didn’t think it was that important. After all, you hardly mentioned it.
You clear your throat. “I hardly mentioned it because you seemed to agree with it.
I pause for a moment, as though you’re imposing on me — as though you’re asking for too much. Then I say, “Do you really want it in?
You reply, “Yes, I really want it in.
I pause again. “Well, why don’t we just have a private understanding that it’s in there, even though it isn’t?
You get irritated. “No — I want it in!
Why am I giving you such a rough time regarding A? Assume that I’m a collaborative negotiator, how could A be left out? Some selectivity always occurs in producing any writing. Otherwise, the agreement would be the size of War and Peace. 
But if I write the agreement any selectivity will be at your expense.  The items that are somehow important to me are included.
But it’s hard for me to read your mind. Remember, you hardly mentioned A during the Negotiation.
Ultimately, I will give you item A. Please not, though, that I have made a concession to you in this point and now expect something in return.
Furthermore, after such a difficult time with A, you may be hesitant to ask about item B, which I also left out of the draft. Your attitude now is, “Brother, I’m not going through all that hassle again!
And so, the Power of the scribe prevails again.

  • Because you’ve bothered to do the writing, the other party is appreciative. They tend not to be picayune or quibble over lesser points. Even if your write-up contains some minor imperfections, most people will be magnanimous and not engage in hair splitting.

In Conclusion, let me summarize with a pitchy comment of Ellen Eisenstadt. When her boss gave her a pat on the back and a vague promise of future opportunities, she remarked, “The pen is mightier than a Pat and a Promise.
Well, Readers we are finished with our First Topic of the Part 

  • Telephone Negotiations and Memos of Agreement

Now we will start 2nd Topic which is:
Moving up
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