I was watching “The Office” recently and got a kick out of Michael’s negotiation tactics. One classic line was that Wikipedia provided the most reliable information anywhere because anyone in the world could add to each entry and say whatever they want. Anyway, as a practicing attorney, I am constantly trying to improve upon my negotiation skills. One of the negotiation tactics that seemed to work for Michael on tonight’s episode was when things aren’t going your way, just pitch a fit and throw a temper tantrum. I don’t think that works from my experience trying to negotiate a personal injury settlements and other deals in my practice.

Here are my Top 5 negotiation tips:

1.    Know your (or your client’s) “Best Alternative to No Agreement.” This will at least give you a bottom line and you know where you stand.

2.    Don’t start off asking for the moon and the stars. In my opinion, you lose credibility when you ask for some totally unreasonable solution. So start a little higher than you expect to end up with,  be optimistic, but be reasonable.

3.    Here’s one that Michael actually used: Don’t be the first person to make an offer. At that point you are already in a weaker negotiation position. So do your best to let the other side come to you with their offer.

4.    Know the strong points and weak points of both sides. Negotiate hard for your strong points and argue about how your client’s weeker positions are not as glaring as your opponent’s weak points.

5.    Here’s one the IRS trains their employees to do: Be silent. I remember when I was buying my wife’s car, the salesman kept asking me questions about what kind of payments I wanted to make, or what price I would be willing to pay. I just kind of sat there like I was really thinking about the numbers and what I could afford and he interjected two consecutive lower offers. He was essentially bidding against himself. Silence makes people nervous, they feel like they have to talk to keep the interest level up or something. IRS examiners/auditors are taught to be silent during an examination because it makes taxpayers nervous and they tend to blurt out damaging information.

I hope some of these tips help in your next negotiation.