First number the other side states is usually the least he

expects to pay, whereas the seller's first number is the highest

Amount he thinks he might be able to get. My advice is to

Know the number you really want to end up with and try to

suggest a starting number that'll force the other side to . respond with a number that, when combined with your starting

number, will average out to a number you'd be happy to accept.

So what you do is propose meeting the other party in the

Middle by averaging the two numbers out.

My next point has to do with overcoming some of the

objections you'll commonly hear in a negotiation. Sometimes

the other party'li object to removing a clause that you don't

want by saying something like: 'Don't worry, we won't hold you

to that item, so we'll just leave it in'. In such a case, you

should insist that the item's taken out. The best argument in

this situation is to say that if they're not going to hold you to it,

then why not just take it out of the agreement. It's important to

Be aware that the people involved in making the agreement

Could all one day lose their jobs or take employment with

Another company, and so their promise not to hold you to

Something is worthless, because they might not be around any

More. Almost all agreements contain a merger clause which

States that anything that was said or written before the

agreement was signed does not matter unless it's explicitly

Written in the agreement.

All right, there are some other objections that can be raised in

The course of a negotiation. These include ...

Listening 2

Mr Johansson: If I may, I'd like to address another one of the

clauses in the franchise agreement: the non-competition

Clause here at the bottom of page three.

Ms Orvatz: Yes, the non-compete. Well, I'll just say upfront that

that's standard, that's in all our agreements.

Mr Johansson: Right. That may be so, but I'm afraid we can't

Go along with it in its present form.

Ms Orvatz: What do you object to? All our franchisees accept

that. It's standard practice, like I said.

Mr Johansson: Well, the clause in question states, and I quote:

'In the event the franchise is terminated through the default

Or a breach of this agreement by one of the parties the

Franchisee and the principals hereinafter named shall not,

For a period of three years have any direct or indirect

Interest in any sandwich restaurant business located or

Operating within five miles of the franchised business if the

franchised business is located in a metropolitan area.'

What this means is that in the event that the agreement

Between my client and your corporation should at one time

no longer be in effect, my client wouldn't be able to operate

A sandwich restaurant for three full years in his own

neighbourhood. I'm afraid that's out of the question.

Ms Orvatz: Well, you must understand that my client has to

Protect itself - I mean, a former franchisee could just come

Along and set up a nearly identical sandwich restaurant

Right near one of our restaurants, and with all the know-how

He got from us ...

Mr Johansson: Yes, I fully understand the reasoning behind

Date: 2015-12-11; view: 915