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Michael Wheeler’s book, “The Art of Negotiation: How to Improvise Agreement in a Chaotic World,” dives into improvisation in negotiation—something we rarely focus on. We always emphasize in-depth preparation before entering a negotiation. But sometimes, despite your best efforts, you have to improvise. Learn more about how to master the art of improvisation in this special throwback episode.
There’s no beating around the bush—intellectual property clauses are complicated. They’re even more complex to negotiate. How do you decide who owns what when hiring someone to create something for you? How contract professionals should approach negotiating intellectual property clauses is a tough conversation that Jeanette Nyden and Lawrence Kane happily tackle in this episode of Negotiations Ninja. If you’re ready for a deep dive into the nuances of IP clauses, give this episode a listen.DISCLAIMER: Always be sure to seek qualified legal counsel. This episode is purely for informational purposes.Outline of This Episode[2:03] Learn more about Jeanette Nyden + Lawrence Kane[3:16] Learn about The Contract Professional’s Playbook[5:00] The definition of intellectual property[8:33] The difference between intellectual property and work product [12:34] The differing perspectives of the vendor versus procurement [22:43] The complex questions of ownership[23:43] How to protect intellectual property clauses[28:36] The challenges faced around intellectual property[34:45] How contract professionals should approach intellectual property[37:07] How to connect with Jeanette and LawrenceResources & People MentionedThe Contract Professional’s PlaybookConnect with Jeanette Nyden and Lawrence KaneConnect with Lawrence on LinkedInConnect with Jeanette on LinkedInConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPodSubscribe to Negotiations Ninja
Remember the tariffs that the US leveraged against China in 2018, launching the “Trade War?” The trade negotiations with China were a clash of world powers and a clash of cultures. As we’ve seen the results play out over the last few years, it’s intriguing to look back and see how Allan Tsang thought this situation would play out. Listen to this throwback for an interesting glimpse into the past!
How do you ask for more money the right way? What phrases should you avoid in salary negotiations? How do you prove you’re “worth” what you’re asking for? How do you overcome imposter syndrome and act with confidence and decisiveness? Fotini Iconomopoulos breaks down the answers to these questions and simplifies the process so that anyone can negotiate their salary with ease. Don’t miss what she says in this episode of Negotiations Ninja!How do you ask for more money the right way? What phrases should you avoid in salary negotiations? How do you prove you’re “worth” what you’re asking for? How do you overcome imposter syndrome and act with confidence and decisiveness? Fotini Iconomopoulos breaks down the answers to these questions and simplifies the process so that anyone can negotiate their salary with ease. Don’t miss what she says in this episode of Negotiations Ninja!Outline of This Episode[1:47] Learn more about Fotini Iconomopoulos[2:39] What holds people back from negotiating?[6:19] How to ask for more money the right way[12:52] It’s time to get curious in conversations [16:31] Strategies to overcome your nerves[21:38] How to “Say Less, Get More”[24:33] Learn more about Fotini Iconomopoulos Resources & People MentionedGet Excited: Reappraising Pre-Performance Anxiety as ExcitementThe Magic of Thinking Big by David SchwartzYour Body Language May Shape Who You AreEmotion and the Art of NegotiationConnect with Fotini IconomopoulosConnect on LinkedInFollow on TwitterConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPodSubscribe to Negotiations Ninja
Everyone strives to be unbiased, right? But the truth is that we all carry inherent biases. Those biases influence everything from our body language to the questions that we ask. While we can unlearn or completely remove those inherent biases, we can learn how to overcome the impact they make on our negotiations. In this throwback episode, Dan Lappin shares the most common biases people have to overcome—and how to do it. Check it out!
Jack Barsky—born Albrecht Dittrich—was a sleeper agent for the KGB, operating in the United States from 1978 to 1988. He was exposed after the Cold War, after which he became a resource for US counterintelligence agencies who allowed him to remain in the United States. What was life like as a sleeper agent? How did Jack employ persuasion and influence to gather intel for the KGB? What ultimately led him to part ways with the Soviet Union? Jack shares his fascinating life story with me in this episode of Negotiations Ninja. Do NOT miss it.Outline of This Episode[1:47] The life of sleeper agent Jack Barsky[4:46] How Jack was persuaded to become a sleeper agent[6:55] The training Jack received from the KGB[10:33] The process of assimilation [14:53] Jack’s first mission in the US[16:55] The one time Jack thought he had been discovered[23:19] How Jack ended up cooperating with the FBI[27:43] Switching loyalty from the Soviets to the United States[31:21] Jack Barsky’s take on Vladimir Putin[36:34] How to learn more about Jack BarskyResources & People MentionedZbigniew BrzezinskiConnect with Jack BarskyJack Barsky’s websiteJack’s book: Deep UndercoverThe Agent PodcastConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPod Subscribe to Negotiations Ninja
Who run the world? Women who negotiate. In this Negotiations Ninja throwback, Jacqueline Twillie shares why more women need to negotiate. She points out that women are inherently skilled at negotiation but too many don’t embrace their innate abilities. She’s made it her life’s mission to help women negotiate confidently so they don’t leave anything on the table. If you’re looking to build a foundation for your negotiation skills, she teaches her LATTE framework in this episode. Don’t miss it! 
Brian Ahearn’s first book, “Influence PEOPLE: Powerful Everyday Opportunities to Persuade that are Lasting and Ethical,” is a heavy psychology and business book. Brian points out that a lot of people won’t pick up a sales book, like his second book, “Persuasive Selling.” So he decided to try his hand at writing a business parable, “The Influencer.” He wanted to teach people the same principles of influence but do so from an entirely different angle to reach a whole new audience. Brian spent 30+ years in the insurance industry. He began to study the work of Robert Cialdini, the “Grandfather of Influence.” He connected with Robert in the early 2000s and was certified to teach his methodology. Three years ago, Brian left his corporate position to coach, train, and consult on the science of influence full-time.
In this special episode of Negotiations Ninja, we look back at an episode with Marty Park where we talked about navigating the Covid-19 crisis. As we’re seemingly coming out on the other side of the pandemic, his perspective on navigating a crisis still rings true. Communication is still the key to guiding your employees and clients through difficult times. Hear Marty’s thoughts on the topic—give this throwback a listen!
Joe Valley has built, bought, and sold over a half-dozen of his own companies. After selling his last eCommerce business, he joined the company that sold it—Quiet Light. Then Joe became a partner in the company. Since he’s joined, he’s personally sold $100 million in total transactions. Joe has seen deals fall apart—and other deals exceed all expectations—because of how people behave. What’s the secret to winning a deal when you aren’t the best offer? Joe shares his surprising secret in this episode of Negotiations Ninja. 
When you feel anger rising within you, what do you do? How do you keep your temper from flaring when you’re embroiled in a frustrating negotiation? As she launched her career, Svitlana Kalitsun quickly realized that lawyers don’t know how to negotiate (by no fault of their own). They’re not taught proper negotiation skills. Svitlana’s mission is to help change the way lawyers negotiate—including mastering their emotions. She shares some anger management basics in this special throwback episode of the Negotiations Ninja podcast!
When a bad idea is enshrined in an industry, the foundation you build your strategy on is weak at best. That’s problematic, right? That’s why you NEED to start questioning conventional “wisdom.” It’s what Dan Oblinger and Allan Tsang have done for years. It’s also the premise of their new book, “Negotiation Mythbusters: Rethinking Everything You Know About Building Strong Agreements.” In their book, they dissect 30 commonly held negotiation myths. In this episode of Negotiations Ninja, we tackled three myths from their book head-on. Don’t miss it!Outline of This Episode[2:11] Learn more about Allan Tsang and Dan Oblinger[5:34] Dan & Allan are releasing a NEW book[9:26] Myth #3: Knowledge is power[14:49] Myth #5: Trust is a necessity[24:25] Myth #19: Negotiators are lone wolves[32:13] Who shouldn’t buy this book[35:36] How to get FREE knowledge from Dan & AllanResources & People MentionedBloom’s TaxonomyConnect with Dan Oblinger + Allan TsangConnect with Allan on LinkedInConnect with Dan on LinkedInConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPodSubscribe to Negotiations Ninja
According to Raphael Lapin—a Harvard-trained mediator, negotiator, and communication specialist—there IS a difference between an average and a great mediation. So what is his secret? What strategies does he employ to anticipate the interests of the other party? How does he help parties follow through on their commitments? Get all the details in this throwback edition of the Negotiations Ninja podcast! 
What does predictive procurement mean? Can you truly predict pricing? The ability to predict and achieve cost-savings in procurement and supply chain is where there’s often a gap. How do you make an accurate prediction based on data and then achieve it? Edmund Zagorin, the founder of Bid Ops, shares how you can make accurate predictions and achieve the elusive cost savings in this episode of Negotiations Ninja. Outline of This Episode[2:05] Learn more about the history of Bid Ops[5:26] Major issues procurement organizations face[6:55] How to source talent from within your organization[10:57] Opportunities for procurement in 2022[13:33] How to build in cost certainty[19:18] Predicting and achieving savings in procurement[24:06] Achievement of predictions using technology[28:51] Learn more about Bid Ops’ conference: Optimal ’22Resources & People MentionedOptimal 2022: The Leadership Summit for Predictive ProcurementTealBookSalesforcePredictable Revenue by Aaron Ross and MaryLou TylerConnect with Edmund ZagorinBid OpsConnect on LinkedInFollow on TwitterConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPodSubscribe to Negotiations Ninja
It’s hard to think about influence and persuasion without feeling like you’re doing something morally reprehensible, right? In this throwback episode of Negotiations Ninja, Chris Hadnagy talks about his book, “Human Hacking: Win Friends, Influence People, and Leave Them Better Off for Having Met You.” He dives into some of the tactics—based on Cialdini’s Principles of Influence—that he uses to ethically influence people. Believe it or not, it IS possible to influence those around you and leave them better off. Listen to this episode with Chris Hadnagy to learn how.
Welcome back to the informal series on commonly disputed legal clauses (from a procurement perspective). Today, Jeanette Nyden returns to talk about liquidated damages. Jeanette will help us bridge the legal world and the commercial world. Liquidated damages are more on the commercial side of legal language. What are liquidated damages? How does the clause work? How do you calculate the value of liquidated damages? Listen to this episode for the need-to-know details.NOTE: This is NOT legal advice. For adequate legal advice, please seek out adequate legal counsel—inside or outside your organization. Outline of This Episode[2:00] Learn more about Jeanette Nyden[3:40] What are liquidated damages?[8:00] Calculating the value of the liquidated damage[15:47] Assessing liquidated damages in the SaaS space[21:14] Liquidated damages versus consequential damages[23:16] Contract professionals make note[24:54] Connect with Jeanette NydenConnect with Jeanette NydenJeanette’s Website“The Contract Professional’s Playbook” – Jeanette is the authorFollow on TwitterConnect on LinkedInConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPodSubscribe to Negotiations Ninja
“Mr. Schmooze” (Cody Lowry) is back to explain what Schmooze is and why you need it in sales, procurement, and negotiations. It comes down to three simple factors that make you indispensable to the people you serve. 1 - Build relationships. 2 - Be trustworthy. 3 - Never let them down. Listen to this Flashback episode to find out how Cody develops relationships with clients that last 30+ years, when the average is five. 
Becoming effective as a negotiator is simply a process of developing skills. But that doesn’t mean it’s a simple process. It requires dedication and diligence to maximize your ability to achieve your desired outcomes in your negotiations. This is a skill set that can and should be developed by every salesperson, procurement professional, and of course, negotiator. It consists of many things, tools if you will, that must become second nature to you so that they are available at a moment’s notice. Negotiation and sales trainer Julia Ewert calls this skills development “negotiation muscle memory” and believes that the more you can develop it, the more proficient and successful you’ll become. We also address the power of open questions, how to defuse tension using negotiation skills, and how negotiation skills can help businesses convert more sales. Enjoy! Don’t miss this fascinating conversation.
Influence can seem like a mysterious thing, until you have someone who understands it explain it to you in easy-to-understand terms. That’s what Phil Jones does in his book, Exactly What to Say: The Magic Words for Influence and Impact. Consider it to be a “how to” manual for influence. The good news is that Phil unpacks that goodness for you on this “throwback” episode from our Negotiations Ninja archives. Listen. Get Phil’s book. Carry it with you on your sales calls or keep it at your desk for those virtual meetings. It’s a powerful tool for your arsenal.
Selling has changed over the last few years. No longer can we depend on the face to face opportunities to build rapport and gain trust. Virtual is the new thing and we have to adapt if we are going to survive as sales professionals. My guest on this episode is Steve Brossman, a former National Professional Track Champion, so he knows what it takes to compete and win and he applies that experience and knowledge to his role as a leading Sales Coach. This conversation is aimed at helping you take your sales game virtual with effectiveness. There is an art to it as well as a science and Steve unpacks both. He shares how to increase buying energy before a sales call and the DNQC conversation flow, which Steve explains during our conversation.Outline of This Episode[0:33] Steve Brossman, Sales Coach and Best-selling author[3:35] What is “buying energy?”[9:39] Creating buying energy [11:58] Get the DNQC process working for you[19:57] The best way to get your prospect on the same page as you[24:12] Tech tips for on-screen annotation during sales callsConnect with Steve BrossmanSteve’s website: https://stevebrossman.com/ Get Steve’s “Back Pocket Guide to Virtual Selling”Steve’s YouTube Channel: https://www.youtube.com/c/SteveBrossman/featured Steve’s book “Exceed”Steve on Twitter: https://twitter.com/SteveBrossman Follow Steve on LinkedInConnect With MarkFollow Negotiations Ninja on Twitter: @NegotiationPodConnect with Mark on LinkedInFollow Negotiations Ninja on LinkedInConnect on Instagram: @NegotiationPodSubscribe to Negotiations Ninja
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