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Authentic Deal-Making Authentic Negotiating

How to Be a Great Negotiator

If you listened to my last solocast, you already know the primary reasons why negotiations fail. In this episode, we are going to take it a step further and discuss the top five ways to be a great negotiator.

Create and stay connected to a powerful context: Who are you when you walk into that deal? What is your energy? People can read your tone, body language, and micro-expressions, so focus less on ‘doing’ and more on ‘being.’

Be willing to do whatever it takes to get to your truth: It is a lot easier to put on a fake sense of bravado than to acknowledge you’re coming from a place of fear or scarcity. Do everything in your power to get the most out of your internal preparation so you can achieve a state of connection to truth and authenticity.

Identify and fully own your value: When you discuss pricing in a negotiation, you will have much greater success if you truly believe you are worth the number you are asking for.

Always be in integrity: Always make sure you are aligned with your inner truth. Great negotiators listen to their instincts and can tune into them on demand.

Have high expectations: If you go into a negotiation with high expectations, it may or may not work out, but your chances are a lot better. Holding high expectations directly affects your energy and context and is scientifically proven to improve results, so make sure to set the bar high.

Mastering the fundamental principles of dealmaking will turn you into a stellar negotiator; learning tactics and counter-tactics will not. Pragmatic methods and technical skills will help, but they are only supplementary. You need to become a deal maker at your core and negotiate from a place of clarity, detachment, and equilibrium. Following these five steps will help you get there.

If you are interested in learning more about why negotiations fail and want to hear examples, listen to my podcast episode, The Top 5 Practices of a Great Negotiator.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Business Relationships Authentic Deal-Making Authentic Negotiating

Leverage Your Intellectual Property

It might be hard to believe, but there was a time when people had to source knowledge without the help of Google and Wikipedia. There was a market for almost every kind of niche information, but there were not enough publishers to meet the demand. Bill Cates stumbled upon an opportunity where he could fill that need and he found himself in the publishing industry almost overnight.

Deals in the Publishing Industry

Bill’s publishing companies produced highly-specified cookbooks and humor books, and he encountered many types of deals while distributing them. Licensing was a major part of Bill’s revenue. He licensed content to cookware manufacturers that wanted marketing collateral for their products. He also paid for branding rights and created product-specific content for the masses. Very few authors take advantage of those types of deals, but it is important to acknowledge that you need to get creative with licensing to reap the benefits.

Licensing offers the greatest payout over time and Bill sees it as a foolproof, sustainable way to protect your nut. Licenses work continually for you, they have zero cost of sale, and they require minimal time. When Bill got out of the publishing industry and became a professional speaker, he put his training video content to work. Today, he is still generating income by licensing that content to different organizations across the country.

Intellectual property is valuable and it is an asset that you don’t want to give away for free. Business models that are built around speakers can fall apart if the speaker is unable to travel or perform. The income Bill sees from content licensing ensures he will live comfortably if anything unfortunate were to happen. It enables him to bring his expertise to clients in a way that is more affordable and accessible. That is why Bill recommends being proactive in leveraging your IP assets.

Summary

No matter what industry or discipline you are in, you have expertise that other people don’t have. There are a lot of ways to get your knowledge out to the masses, but Bill recommends using a combination of strategies that include monetizing your IP. Leveraging what you already have in place is a much more reliable process. It will generate recurring revenue and grow your brand with comparatively minimal effort.

Listen to the Fueling Deals podcast episode featuring Bill Cates’ interview about how to Leverage Your Intellectual Property.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating Deal-Driven Growth News

Why the $150 million Fiduciary Network lawsuit ‘could get very ugly’

Charles Paikert‘s article in Financial Planning reminds us that deals don’t always end with feelings intact. The recent sale of Fiduciary Network and the following $150 million lawsuit by Mark Hurley against Emigrant Bank “could get very ugly and drawn out.”

“This is a complex case that, if not settled sooner, could take at least several years to litigate,” says Corey Kupfer, an attorney specializing in RIAs. “As the case is based upon allegations of a series of alleged actions by Emigrant Bank to scare off buyers and suppress value, there will be a lot of discovery necessary to determine the facts that might support those claims.”

What’s more, Kupfer adds, “when you add the clear animosity between Howard Milstein [principal of Emigrant Bank] and Mark Hurley to the mix, this could get very ugly and drawn out.”

Read Paikert’s full article and more of my commentary here.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating

Column: Understanding the Dynamics of Corporate Dysfunction

How did we get into this mess?

I spend a lot of time consulting with business puzzles and serving on start-up boards. The other day some young entrepreneurs came in to get worked over, and I was lamenting and bemoaning a particular board mess. And one of the gentlemen asked the following, “How did it get to this?”

I was gobsmacked. Indeed, in retrospect I wanted to try to understand the dynamics of dysfunction. I am not at liberty to name names or details, but I have come to one coherent conclusion – namely that there is usually one distinct, discrete decision that the board or the management get wrong – and from there, we are on the downhill bobsled to loss of value and litigation. This is true both of my particular puzzle, and also across multiple companies that I know about or have been part of.

Now let’s assume for the moment that I am correct and that there is always one important, critical, bet-the-company decision that comes up to the board or the management team and they whiff on it. The question becomes can we identify it when it comes up and can we get it right more often than not.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Deal-Making Authentic Negotiating

Nonverbal Communication in Negotiations

In any deal between two parties, negotiation is one of the most important steps. It is the point where everything can go well and all parties walk away satisfied, or where everything can fall apart and no deal is reached. Your skill and understanding of negotiating is crucial to where on that spectrum you end up. But did you know that what you and your deal partner aren’t saying can be as telling as what you are saying?

I recently invited Greg Williams to join me on the Fueling Deals podcast. Greg is known as “The Master Negotiator and Body Language Expert”, a title that he has truly earned over his 30+ year career of negotiating speaking and training. Today, Greg is a seven-time author, speaker, mentor and coach who teaches the vital skills he has picked up over the course of his career. One of these important skills is the ability to look for nonverbal cues and body language in the person you’re dealing with and to be aware of your own cues and body language.

In our episode together, Greg and I discuss some of the many ways in which people can let slip what they’re really thinking. From tone and inflection in their voice to physical cues, to involuntary “micro-expressions” they display, your deal partner is feeding you a constant stream of useful information that you can use to gauge their mindset and get a glimpse into where they are at in negotiations… if you know how to watch for them.

Micro-Expressions, Your Secret Weapon

During our conversation, Greg mentioned watching for “micro-expressions”. These little tells often last only a moment, and they’re triggered when the other party is responding to something that has stimulated them. People often let these glimmers of emotion slip through before they lock down their reactions, and if you know how to look for them you can get a great insight into what they are thinking and feeling.

Imagine the classic image of a prim and proper lady “clutching her pearls” for a moment when she has heard something scandalous. Or someone letting out a little gasp of surprise. People are full of these little tells if you know to watch for them. A person briefly glancing up and to the left is signaling that they’re remembering something. The twitch of a jaw muscle can indicate suppressed annoyance or frustration. Even the tone and inflection of someone’s speech can tell you more about what they are thinking. The key is to watch for these little moments and to know how to interpret them, something Greg is an expert in training business professionals to do.

Playing to Win in the Negotiating Game

For Greg Williams, his love of negotiating comes from a love of playing the game. It’s about controlling his micro-expressions and sometimes even deliberately invoking them to inspire a reaction from the other party. It’s about watching the other person and recognizing and responding to their own tells. All of these nonverbal cues can be just as valid (if not moreso) than the words that are actually spoken.

When playing the negotiation game, it is important to clearly define what “winning” means, for both you and the other party. Once you understand what it will take for everyone to leave the table feeling like they’ve won, you have a much stronger position from which to negotiate. If you can define winning for all parties, you know what concessions the other party will probably be willing to make, and you have a better idea what concessions you’ll need to make yourself to come to an agreement.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating News

Is the RIA Profession In Severe Decline?

“The RIA industry is not in decline; it is just maturing,” said Corey Kupfer, founder of Kupfer & Associates in New York, which provides advisory services for RIA firms.

Brian O’Connell brings up a lot of great points in his article on AdvisorNews.com. It’s important to remember that change is not always a sign of the sky falling.

The Fidelity study, titled “A Future Ready Pricing Model,” concluded that “organic growth” in RIA assets under management has “slowed to the lowest growth in five years.” The RIA industry is “in a period of unprecedented change,” it found.

It’s not just Fidelity. A 2015 study from RIA In a Box, which directly tracks the RIA sector, stated that industry assets under management growth rates are moving in the wrong direction, and at an alarming rate.

“Much of this decline can be attributed to the relative performance of the equity markets over the past two years, (and) demonstrates the potential year-to-year revenue volatility of a typical investment advisory firm regardless of size,” RIA In a Box noted.

The study found that average AUM growth rate for RIA firms during the 2015 calendar year was 1.97 percent, compared to 23.3 percent during 2014.

Read the entirety of the article here.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating

Deal or No Deal – What is Your Bottom Line?

Do you remember the television show Deal or No Deal? You know the one hosted by Howie Mandel and on which now Duchess of Sussex, Meghan Markle, was a briefcase model. The premise was a contestant would choose a numbered briefcase and then have to decide whether the sum offered by the game show was worth more than the value inside that case. The participant would be able to keep asking for additional briefcases to be opened and would receive new offers. If they accepted any offer, the amount in the briefcase would be forfeited.

Viewers at home could guess how this would go. They could yell from the safety of the couch for them to take the big number offered early on rather than risk settling for a lower amount at the end of the game or to go for it but they had no more information than the contestant. In the moment under the pressure, not many contestants had clarity about the deal they would accept or knew their true bottom line.

In my law practice, I answer the same questions for my clients, “How do I know I am getting a good deal?” or “How can I get the best deal?” and “How do I know my bottom line?” I remind them to go back to the basics. Ask yourself the following questions before you start negotiating a deal:

What is my purpose? Why are you in this room making this deal with these people? If it’s just a means to an end, you may not be in the best position for a positive deal. If your purpose is to sell your company, dig a little deeper to find out why you want to sell. Get 100% clear on your why.

What is my desired outcome? Once you have established your purpose, you can spend some time defining your desired outcome. What are the main goals you hope to accomplish in this deal? How will this deal change your circumstances for the better? What, specifically, do you want to achieve?

What is the least I am willing to accept? You have a number in mind that you would be thrilled to get. If that number is realistic and appropriate for what you have to offer, great. Often your ideal number is at the top of, or above, market values. If that number does not make sense with the value you are providing in the deal, then you will, likely, have to accept less. It is crucial, therefore, to ask yourself: What is the lowest number that I would be content accepting? When you reach a number and know that not a penny less and you would still take the deal, then you have found your true bottom line.

Do I mean literally not a penny less? YES, I DO! People say come on, Corey, are you telling me that if I got everything else that was important to me in the negotiation and instead of getting for, example, the $1 million for my business that I said was my bottom line, I am offered $999,999.99, I should turn it down? YES, YOU SHOULD or else $1 million was not your true bottom line. Why should you turn it down? Because what if its $999,999.98 or $999,999.97 or . . . . You can keep going a penny less until you reach $0. So, if you do not to get crystal clear and commit to a true bottom line/not a penny less number then you have no ground to stand on, no way to evaluate what is and is not acceptable except by emotion – which never supports authentic negotiating success.

What is your bottom line? If you want a hand preparing for your next deal, I have a best-selling book on Authentic Negotiating and consult and train people on negotiating regularly. In addition to that, I negotiate for clients in my law practice pretty much every day.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating

How to Negotiate Salary with a Potential or Existing Employer

Joining a new company can be a challenging time. Do you accept the first compensation offer or counter to see if there is room for improvement? Last week I wrote about employers having some leverage, but not all, in a salary negotiation.

Do you know how to use your leverage in a salary negotiation? Ideally, you have prepared for the negotiation with a list of quantifiable value that you bring to the position. A list of past accomplishments, along with any additional experience you bring to the team, will help you own your value and contribution.

When preparing to negotiate your worth, plan to set aside some time for quiet reflection. You need to do the inner work necessary to clarify your vision of what you want. For example, why you want a raise? Having clarity is essential to identify what a successful outcome looks like ahead of time. Why do you want a higher salary? Don’t stop your inquiry at “I want more money.” Why do you want more money? For example, “I have kids and I want to be able to pay for them to go to college.” Why do you want to pay for their tuition? “I never had the opportunity to go to college and I want to be able to provide that for them.”

There it is. That’s your purpose, that’s what you’re negotiating for: to send your kids to college and to provide them an opportunity that you never had. You can see how much different that answer is than “I want to make more money,” and now you’ve positioned yourself in a way that your supervisor can connect to; depending upon your supervisor, now the negotiation may not be adversarial but collaborative instead. It will also open up other options that will allow you to achieve your underlying purpose that you may not have thought of had you focused only on making more money. For instance, in the example above, maybe your employer has a college scholarship fund that is outside your department’s budget. Instead of getting a larger raise, you get access to scholarship money or, maybe, your boss has influence over scholarship or grant funds outside the company.

Now that you have a salary number, make sure you have done the same work as to other elements of your compensation package. Maybe you can negotiate more PTO in exchange for less of a raise. Could you negotiate a four-day work week to give you more time to work on a side project, and supplement your income that way? You need to know what other options could be on the table, and which of them you are willing to accept.

Develop your negotiating skills even further by following the steps I detail in my book Authentic Negotiating: Clarity, Detachment & Equilibrium – The Three Key to True Negotiating Success & How to Achieve Them and go to www.coreykupfer.com to take a 5-minute Authentic Negotiating Success Quiz to see where you stand and get immediate feedback.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating

The Pygmalion Effect: Part One

In any negotiation, we bring with us a certain set of expectations to the table. We expect each material point to be contentious. Traditional tactics have us prepared with all the classic manipulation tricks because we expect the same from our counterparts. We get caught in this inauthentic loop that often leaves both sides wondering what they really got out of the deal.

My authentic negotiating approach came about as a response to that absurd cycle. I knew deep down that deals could be more and compromise wasn’t a foregone conclusion. The foundational principles of clarity, detachment, and equilibrium make up our inner North Star when we’re at the table. With them, we stay focused on our objectives, avoid getting triggered by checking our egos, and remain in complete control throughout the negotiating process.

Like with most anything in life, just going through the motions of becoming an authentic negotiator won’t get it done. It’s not a method as much as it’s a new state of being. With that comes not just a change in our behaviors at the table, but the mindset that we carry with us.

I was working on a mid-market acquisition deal a few years back, and my client—we’ll call her Nancy—was being acquired by a larger marketing firm. It was a tough decision for her, but the deal had too much potential and the timing was right.

Once Nancy and I had agreed on that, I took her through the CDE steps, and she seemed to get it. From the start, she could clearly define her main objective—she wanted this acquisition to be more of a partnership and for the overall company she’d built to not change very much. With this bigger company’s resources, Nancy and her people could do the work they wanted. With the talent and expertise of Nancy and her team, the larger company could attract a market sector they’d struggled to attract in the past. It added up to a mutually beneficial deal, but it wasn’t long before Nancy revealed her deep skepticism.

While she kept relatively cool at the table, in our asides and breaks, Nancy voiced concerns that the company was negotiating in bad faith, that they just wanted her client list, that they had no intentions of holding up their end of the deal. At the same time, she didn’t want to walk away. After agreeing with our counterparts to break for the day and regroup tomorrow, Nancy and I talked about what was really holding her back.

Her expectations were way off. While I didn’t doubt the work she had done to get clear on her objectives, she was holding low expectations of the other party. Being crystal clear on what you want while being detached from the outcomes means that you should be coming to the table with high expectations of yourself, your outcome, and even your counterparts. When you know what you want and that you aren’t going to make a deal that doesn’t satisfy your objectives, there’s no reason to carry low expectations.

Although it is possible there was a basis for Nancy concerns, two things were true. First, I didn’t see the basis for these concerns – certainly not at the level held by Nancy. Second, it was clear to me that this filter of fear and low expectations existed for her from the start of the negotiation even before the other party said much. So, Nancy had convinced herself to expect the worst of her counterparts, to expect the worst of the deal she was going to get—and the ultimate endgame of that deal. It colored every aspect of the proposals that were coming from the other side. To her, the offer just kept getting worse and worse, even though my general feeling was that things were moving along as expected.

Nancy did not apply the Pygmalion Effect. In next week’s piece, I’ll unpack the Pygmalion Effect and its impact on how we negotiate. It’s an important underlying concept to my Authentic Negotiating approach, and once we understand its power, we can use it to improve ourselves and our results at the table. In the meantime, see how far along you are on the road to becoming an authentic negotiator. My quiz will give you the benchmarks you need to start improving: Authentic Negotiating Success Quiz

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!

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Authentic Negotiating

Authentic Negotiating: Winning vs. Success – Part 2

Instead of Refusing to Negotiate, Refuse to Engage your Ego.

“Check your ego at the door. The ego can be the great success inhibitor. It can kill opportunities, and it can kill success.” — Dwayne “The Rock” Johnson

“Why would we table that issue? Jeff asked. “That’s a deal breaker.”
I had just gotten the Russian group to set aside our mutual concerns about the non-circumvention clause for a later session and my client, Jeff, was still uneasy. The problem was, he was still bent on winning, on beating the Russians. Even after he’d gotten clear on his objectives, he still struggled to separate winning from success.

I had more work to do. Here’s how Jeff and I worked through his hang-ups with winning:

Remember Winning is About Ego.

I had to remind Jeff that the behavior of the Russians was triggering his ego. They had succeeded in moving Jeff away from his objectives and turning his focus into nothing more than winning the argument against them. We didn’t want to win an argument, we wanted to achieve Jeff’s objectives. Before we could move on, Jeff had to check his ego and be OK with not “winning” this argument.

Consider Your Options.

Jeff had to be shown that getting the non-circumvention protection he wanted didn’t start and end at the negotiating table. In fact, we might have been misguided in assuming this deal would follow any sort of convention from the beginning. I told Jeff as much. We were getting our cash from the Russian group upfront. There was little we could do about due diligence, and we’d likely find minimal information if we could. I pitched something unusual to Jeff—let’s get your suppliers to agree to a non-circumvention clause with you. Jeff loved it, and since his suppliers had a good relationship with him, they agreed.

After a few days, we returned to the negotiating table with our objectives front and center and with more leverage than we had when we were worrying over winning the non-circumvention agreement. We were able to be flexible. With the suppliers on our side, we told the Russians that we’d concede the non-circumvention clause in exchange for three other key terms that were on Jeff’s list of objectives.

If we’d dug in on the protection clause, there’s no telling how long the fights would have been over Jeff’s other objectives. But because the Russian group was so pleased to have gotten a “win” on non-circumvention, they were eager to agree to our terms on the other items. In this way, we used their ego against them because we were able to not let ours stay engaged. What else could the Russian group have walked away with if they weren’t so insistent on this clause? They’ll never know, but at least they got that win.

Jeff and I were able to achieve his objectives by putting a win on the back-burner. I could be telling the story where Jeff and I refuse to move on the protection he wanted and stood up to the Russians, and how the stubborn Russians blew what could have been a good deal for them. But instead, we stayed connected to our objectives and realized how unimportant winning that argument was. In exchange, we got an almost clean-sweep of Jeff’s objectives in the deal including hundreds of thousands of dollars in profit for him on that one deal.

That’s the critical difference between winning and success.

To understand Authentic Negotiating, you have to understand the difference between winning and success. If you’re fixated on getting a win, you’ll never truly succeed. That’s easier to say than it is to do. A successful Authentic Negotiator knows when to put their ego aside and put their objectives front and center. How do you rate? Take my Authentic Negotiating Success Quiz to find out.

Corey Kupfer is an expert strategist, negotiator and dealmaker. He has more than 35 years of professional deal-making and negotiating experience. Corey is a successful entrepreneur, attorney, consultant, author and professional speaker who is passionate about deal-driven growth. He is also the creator and host of the DealQuest Podcast.

If you want to find out how deal-ready you are, take the Deal- Ready Assessment today!