The fundamentals of negotiating are to bring the other party to a position that you were already agreeable. Negotiating is a learned skill that has been continually practiced by me during my professional life. I have recently decided to make mediating probate, trust, estate, and guardianship disputes a major part of my law practice. When I began practicing law in the 1980’s, mediations were not common. Attorneys of my era and before learned to settle their own cases dealing directly with the opposing counsel. That is relatively rare now, which is not to criticize mediation, but to realize that many attorneys never had to negotiate directly to ever settle a case.
It is sometimes amazing the mistakes people make in negotiations. A recent example from the sports pages screamed this to me. As local sports fans know, Jerry Jones and Mike McCarthy decided to terminate Kellen Moore’s term with the team as offensive coordinator “by mutual agreement.” Simultaneously, Jones and McCarthy announced that McCarthy would be calling all future plays. Now, even before the Cowboys interviewed anyone, they announced to the world that the new coordinator will not call plays. Every coordinator wants to call plays, but effectively, Jones and McCarthy have opened negotiations with potential offensive coordinators saying, “You can’t get what you want.” As the Dallas Morning News stated, “ the fact that McCarthy will call the plays limits the attractiveness to some candidates.”
The result was predictable. Did the Cowboys land an up and coming Offensive Coordinator from another team? No, they hired within promoting someone willing to work under Jones/McCarthy’s restrictions. Maybe through negotiations, the Cowboys could have convinced potential candidates that it was better, at least for a time, while in transition, for Mike McCarthy to call plays, but this wasn’t a permanent decision. Instead, the Cowboys announced to potential candidates “no deal” on this issue. They removed a vital job condition for many potential candidates, dissuading them from even expressing interest in the job. Naming a “deal breaker” condition before negotiations have even begun, is just plain bad negotiating.
Although Jones’ business skills are legendary, at least in this case, his negotiating skills gave way to his public relationship spin.
If you are interested in scheduling a mediation with David Pyke, you can call our office, and see this link for more information. https://www.dallasprobatelaw.com/mediations/
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
