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  • Will You Add? - What to Watch for When the Talking is Over and It's Time to Get the Deal in Writing

    The Great Freelance Boom
    Before the turn of the new millennia, freelancing in any field was thought of as being for those who absolutely do not want to deal with a boss, but who do not get paid squat. To an extent, that belief is still apparent today even though the whole concept of freelancing has changed completely.These days, there are an abundance of freelancers in virtually any field, but the surprise is that there are even more jobs available to these freelancers than ever before. Plus, the demand for freelancers is increasing at a steady rate. This is also despite a rather sluggish economy and increasing layoffs constantly bombarding the news.There is a rather simple explanation for this unusual trend: the internet. Before the age of the internet, freelancers had to rely on generating contacts on their own and usually locally within their area. Not to mention, there was far less demand for freelancers so basically they had to struggle to gain steady work and survive.The internet today, however, provides the medium where freelancers and employers can exchange services from anywhere in the world. Online websites catering to freelancers and employers looking for contractors, known as freelance work exchanges, helped facilitate the exchange of freelance services from anywhere in the world.Thanks to these exchanges, it is even common for the freelancer and employer to never even meet each other face to face since the majority of work can be done over the internet rather than in person. These exchange sites also offer the benefit of easing new freelancers into this type of work.Most of them offer tutorials on how to obtain work, handling employers, plus their extensive job databases make plenty of work available for all skill levels, including entry-level. Some of the more well known freelance work e
    one of us anything for me to have my attorney do it." Even if I had to pay the attorney to do it, I still think I'd be better off to be the one who is writing the contract.

    Read the Contract Every Time

    In this age of computer-generated contracts, it's a sad fact that you have to reread a contract every time it comes across your desk.

    In the old days, when contracts were typewritten, both sides would go through it and write in any changes, and then each negotiator would initial the change. You could glance through the contract and quickly review any change that you had made or to which you had agreed. Nowadays with computer generated contracts we're more likely to go back to the computer, make the change, and print out a new contract.

    Here's the danger. You may have refused to sign a clause in a contract. The other side agrees to change it and says they'll send you a corrected contract for your signature. When it comes across your desk, you're busy, so you quickly review it to see that they made the change you wanted and then turn to the back page and sign it. Unfortunately, because you didn't take the time to reread the entire contract, you didn't realize that they had also changed something else. Perhaps it was something blatant such as changing "F.O.B. factory" to "F.O.B. job site." Or it may be such a minor change in wording that you don't discover it until years later when something goes wrong, and you need the contract to enforce some action. By then, you may not even remember what you agreed to, and you can only assume that because you signed it you must have agreed to it.

    Yes, I agree with you-you have a wonderful case for a lawsuit that the other side defrauded you-but why expose yourself to that kind of trouble? In this age of computer-generated contracts, you should read the contract all the way through, every time it comes across your desk for signature.

    People Believe What They See In Writing

    The printed word has great power over peop

    Accept and Love Change
    “Change is inevitable; except from a vending machine” author unknownOnly a few things stay constant in life. For me, one example would be my hair follicles. Last year I was bald; this year I am still bald. The Chicago Cubs haven’t been to a World Series in 100 years, so that never changes. Other than that, we live in a state of constant change.Even Dell Computers is changing. They will now sell computers in retail stores, a marked departure from their previous philosophy. Dell has always been a mail-order and online computer company, with no retail presence. All of their computers are manufactured to your specifications, and it usually takes a few days for the computer to arrive. Now there are more alternatives than acquiring a Dell electronically.Even billion-dollar companies change course when their performance starts to suffer. Has your company ever been forced to, or elected to make major changes? The experts say that change is good; however, your associates may (probably will) be resistant. Part of “Hitting the Grand Slam” with your associates and motivating and retaining good people is to go about change in the right way. Happy associates stay longer, and lower turnover leads to better financial health.Here are a few tips for executing change:•Eliminate uncertainty by communicating with your associates.Failing to communicate leads to gossip around the water cooler with the resulting loss of productivity. Your associates desire to know what issues and opportunities the company is facing. Honesty is the best policy. Explain how the changes will affect them. That’s what they really want to know. Life is uncertain, employment is uncertain, and every employee needs reassurance that they are not at risk.•Demonstrate a flair for the dramatic.How d
    Most people think of negotiating as the verbal give and take that takes people from their different wants and needs to a point of agreement. That, of course, is the heart of negotiating but just as important is the transition to the written contract that formalizes the verbal agreement. Here are the things that Power Negotiators look for as they move toward the written contract:

    Don't Let the Other Side Write the Contract

    In a typical negotiation, you verbally negotiate the details, then put it into writing later for both parties to review and approve. I've yet to run across a situation where we covered every detail in the verbal negotiation. There are always points that we overlooked when we were verbally negotiating that we must detail in writing. Then we have to get the other side to approve or negotiate the points when we sit down to sign the written agreement-that's when the side that writes the contract has a tremendous advantage over the side that doesn't. Chances are that the person writing the agreement will think of at least half-dozen things that did not come up during the verbal negotiations. That person can then write the clarification of that point to his or her advantage, leaving the other side to negotiate a change in the agreement when asked to sign it. Don't let the other side write the contract because it puts you at a disadvantage.

    This applies to brief counter proposals just as much as it does to agreements that are hundreds of pages long. For example, a real estate agent may be presenting an offer to the sellers of an apartment building. The seller agrees to the general terms of the offer, but wants the price to be $5,000 higher. At that point either the listing agent who represents the seller or the selling agent who represents the buyer could pull a counter-proposal form out of his or her briefcase and write out a brief counter-offer for the seller to sign. Then the selling agent will present to the buyer for approval. It doesn't have to be complicated: "Offer accepted except that price is to be $598,000," will suffice.

    If the listing agent writes the counter-offer, however, he or she might think of some things that would benefit her seller. She might write, "Offer accepted except that price to be $598,000. Additional $5,000 to be deposited in escrow upon acceptance. Counter-offer to be accepted upon presentation and within 24 hours."

    If the selling agent were to write the counter-offer, he might write, "Offer accepted except that price is to be $598,000. Additional $5,000 to be added to the note that the seller is carrying back."

    These additions are probably not big enough to be challenged by either a seller or a buyer who is eager to complete the transaction; however, they substantially benefit the side who wrote the brief counter-offer. If the person who writes a one-paragraph counter-offer can affect it so much, think how much that person could affect a multi-page contract.

    Remember that this may not just be a matter of taking advantage of the other side. Both sides may genuinely think that they had reached agreement on a point whereas their interpretations may be substantially different when they write it out. A classic example of this is the Camp David accord, signed by President Carter, President Anwar Sadat of Egypt, and Prime Minister Menachem Begin of Israel. After 13 frustrating days of negotiating at Camp David where they all felt until the last moment that their efforts were futile, they reached what they thought was a breakthrough to agreement. Excitedly they flew helicopters to Washington and with massive publicity signed the accord. In the East Room, the normally unemotional Menachem Begin turned to his wife and said, "Mama, we'll go down in the history books tonight." That may be so, but the truth is that many years later, hardly any of the elements of the agreement had gone into effect. Their enthusiasm led each of them to think that they had reached agreement when they really hadn't.

    If you are to be the one writing the contract, it's a good idea to keep notes throughout the negotiation and put a check mark in the margin against any point that will be part of the final agreement. This does two things:

    1. It reminds you to include all the points that you wanted.

    2. When you write the contract, you may be reluctant to include a point in the agreement unless you can specifically recall the other side agreeing to it. Your notes will give you the confidence to include it even if you don't remember it clearly.

    If you have been team negotiating, be sure to have all the other members of your team review the contract before you present it to the other side. You may have overlooked a point that you should have included or you may have misinterpreted a point. It's common for the lead negotiator to let her enthusiasm overwhelm her to a point that she feels that the other side agreed to something when it was less than clear to more independent observers.

    I'm not a big believer in having attorneys conduct a negotiation for you because so few of them are good negotiators. They tend to be confrontational negotiators because they're used to threatening the other side into submission, and they are seldom open to creative solutions because their first obligation is to keep you out of trouble, not make you money. Remember that in law school, they are not taught how to make deals, only how to break deals. In our litigious society there isn't much point in making an agreement that won't hold up in court, however, so it's a good idea to have the agreement approved by your attorney before you have it signed. In a complicated agreement what you prepare and have the other side sign may be no more than a letter of intent. Have the attorneys work on it later to make it a legal document. It's better that you devote your energy to reaching agreement.

    If you have prepared an agreement that you think the other side may be reluctant to sign, you may be smart to include the expression "Subject to your attorney's approval," to encourage them to sign it.

    Once the verbal negotiations are over, get a memorandum of agreement signed as quickly as possible. The longer you give them before they see it in writing, the greater the chances that they'll forget what they agreed to and question what you've prepared.

    Also, make sure they understand the agreement. Don't be tempted to have them sign something when you know they're not clear on the implications. If they don't understand and something goes wrong, they will always blame you. They will never accept responsibility.

    I find it helpful to write out the agreement I want before I go into the negotiations. I don't show it to the other side, but I find it helpful to compare it to the agreement that we eventually reach, so that I can see how well I did. Sometimes it's easy to get excited because the other side is making concessions that you didn't expect to get. Then your enthusiasm carries you forward and you agree to what you feel is a fantastic deal. It may be a good deal, but unless you have clearly established your criteria up front, it may not be the deal that you hoped to get.

    Power Negotiators know that you should always try to be the one that writes the contract. When the verbal negotiations are over, it's time for someone to put everything in writing, and the person who gets to put it in writing has definite power in the negotiations. There are bound to be little details that you didn't think of when you were verbally negotiating that need to be specified in the written contract.

    If you're the one who gets to write the contract, you can write those to your favor. Then it's up to the other person to negotiate them out when it comes to signing the contract. So, try to be the one who writes the contract.

    I'll say to the other people, "Look, we need to put this down in writing. But let's not go to a lot of expense on this. I have an attorney on retainer, it won't cost either one of us anything for me to have my attorney do it." Even if I had to pay the attorney to do it, I still think I'd be better off to be the one who is writing the contract.

    Read the Contract Every Time

    In this age of computer-generated contracts, it's a sad fact that you have to reread a contract every time it comes across your desk.

    In the old days, when contracts were typewritten, both sides would go through it and write in any changes, and then each negotiator would initial the change. You could glance through the contract and quickly review any change that you had made or to which you had agreed. Nowadays with computer generated contracts we're more likely to go back to the computer, make the change, and print out a new contract.

    Here's the danger. You may have refused to sign a clause in a contract. The other side agrees to change it and says they'll send you a corrected contract for your signature. When it comes across your desk, you're busy, so you quickly review it to see that they made the change you wanted and then turn to the back page and sign it. Unfortunately, because you didn't take the time to reread the entire contract, you didn't realize that they had also changed something else. Perhaps it was something blatant such as changing "F.O.B. factory" to "F.O.B. job site." Or it may be such a minor change in wording that you don't discover it until years later when something goes wrong, and you need the contract to enforce some action. By then, you may not even remember what you agreed to, and you can only assume that because you signed it you must have agreed to it.

    Yes, I agree with you-you have a wonderful case for a lawsuit that the other side defrauded you-but why expose yourself to that kind of trouble? In this age of computer-generated contracts, you should read the contract all the way through, every time it comes across your desk for signature.

    People Believe What They See In Writing

    The printed word has great power over peopl

    How To Use Amazon.com To Guarantee That Your Book Or DVD Will Sell Online Before You Create It
    Listen to this.I have successfully sold my own products on Ebay using a simple format.Now I'm going to let you on to a little bitty secret that I use to guarantee a book/video/ebook will sell before I create it.Here is what I do.I go to Amazon.com and search under these categories.....Learn How To.... Learn To...... How To Make A....... 100 ways to Create A.....And then I looked at all the hundreds of books/DVDs under those guidelines...... I would then will buy 3 of those books ( retail price) on one subject of the same title.I would sell those books as if they were my own on EbayI would write a sales page, provide the pictures and then list the prodcu on EbayIt would not matter that I would not make a cent over what I paid for because my entire goal was to see..if the information would sell on Ebay.........If I bought the books for $20.00 each and all three sold for 19.95 per book it was still a HUGE SUCCESS and I knew I had a money maker in my handsSo then I went to the library, read other books, read the internet and then created my own version of the same thing.......Let me give you a REAL example on how I did this last yearI went to Amazon.com and did research on and how to subjects and found a video on how to get your child into TV Commercials ...then bought 4 videos on the subject from Amazon.....they were great videos. I tested them on Ebay by making a sales page describing the video and then see..if they sold....I sold the videos as though I made them....I sold all 4 of the videos for 19.95 per video..Now of course I didnt make a cent because I bought the videos from Amazon at the same price......but again that was NOT my goal.....I just wanted to see if they sold first...and the
    icated: "Offer accepted except that price is to be $598,000," will suffice.

    If the listing agent writes the counter-offer, however, he or she might think of some things that would benefit her seller. She might write, "Offer accepted except that price to be $598,000. Additional $5,000 to be deposited in escrow upon acceptance. Counter-offer to be accepted upon presentation and within 24 hours."

    If the selling agent were to write the counter-offer, he might write, "Offer accepted except that price is to be $598,000. Additional $5,000 to be added to the note that the seller is carrying back."

    These additions are probably not big enough to be challenged by either a seller or a buyer who is eager to complete the transaction; however, they substantially benefit the side who wrote the brief counter-offer. If the person who writes a one-paragraph counter-offer can affect it so much, think how much that person could affect a multi-page contract.

    Remember that this may not just be a matter of taking advantage of the other side. Both sides may genuinely think that they had reached agreement on a point whereas their interpretations may be substantially different when they write it out. A classic example of this is the Camp David accord, signed by President Carter, President Anwar Sadat of Egypt, and Prime Minister Menachem Begin of Israel. After 13 frustrating days of negotiating at Camp David where they all felt until the last moment that their efforts were futile, they reached what they thought was a breakthrough to agreement. Excitedly they flew helicopters to Washington and with massive publicity signed the accord. In the East Room, the normally unemotional Menachem Begin turned to his wife and said, "Mama, we'll go down in the history books tonight." That may be so, but the truth is that many years later, hardly any of the elements of the agreement had gone into effect. Their enthusiasm led each of them to think that they had reached agreement when they really hadn't.

    If you are to be the one writing the contract, it's a good idea to keep notes throughout the negotiation and put a check mark in the margin against any point that will be part of the final agreement. This does two things:

    1. It reminds you to include all the points that you wanted.

    2. When you write the contract, you may be reluctant to include a point in the agreement unless you can specifically recall the other side agreeing to it. Your notes will give you the confidence to include it even if you don't remember it clearly.

    If you have been team negotiating, be sure to have all the other members of your team review the contract before you present it to the other side. You may have overlooked a point that you should have included or you may have misinterpreted a point. It's common for the lead negotiator to let her enthusiasm overwhelm her to a point that she feels that the other side agreed to something when it was less than clear to more independent observers.

    I'm not a big believer in having attorneys conduct a negotiation for you because so few of them are good negotiators. They tend to be confrontational negotiators because they're used to threatening the other side into submission, and they are seldom open to creative solutions because their first obligation is to keep you out of trouble, not make you money. Remember that in law school, they are not taught how to make deals, only how to break deals. In our litigious society there isn't much point in making an agreement that won't hold up in court, however, so it's a good idea to have the agreement approved by your attorney before you have it signed. In a complicated agreement what you prepare and have the other side sign may be no more than a letter of intent. Have the attorneys work on it later to make it a legal document. It's better that you devote your energy to reaching agreement.

    If you have prepared an agreement that you think the other side may be reluctant to sign, you may be smart to include the expression "Subject to your attorney's approval," to encourage them to sign it.

    Once the verbal negotiations are over, get a memorandum of agreement signed as quickly as possible. The longer you give them before they see it in writing, the greater the chances that they'll forget what they agreed to and question what you've prepared.

    Also, make sure they understand the agreement. Don't be tempted to have them sign something when you know they're not clear on the implications. If they don't understand and something goes wrong, they will always blame you. They will never accept responsibility.

    I find it helpful to write out the agreement I want before I go into the negotiations. I don't show it to the other side, but I find it helpful to compare it to the agreement that we eventually reach, so that I can see how well I did. Sometimes it's easy to get excited because the other side is making concessions that you didn't expect to get. Then your enthusiasm carries you forward and you agree to what you feel is a fantastic deal. It may be a good deal, but unless you have clearly established your criteria up front, it may not be the deal that you hoped to get.

    Power Negotiators know that you should always try to be the one that writes the contract. When the verbal negotiations are over, it's time for someone to put everything in writing, and the person who gets to put it in writing has definite power in the negotiations. There are bound to be little details that you didn't think of when you were verbally negotiating that need to be specified in the written contract.

    If you're the one who gets to write the contract, you can write those to your favor. Then it's up to the other person to negotiate them out when it comes to signing the contract. So, try to be the one who writes the contract.

    I'll say to the other people, "Look, we need to put this down in writing. But let's not go to a lot of expense on this. I have an attorney on retainer, it won't cost either one of us anything for me to have my attorney do it." Even if I had to pay the attorney to do it, I still think I'd be better off to be the one who is writing the contract.

    Read the Contract Every Time

    In this age of computer-generated contracts, it's a sad fact that you have to reread a contract every time it comes across your desk.

    In the old days, when contracts were typewritten, both sides would go through it and write in any changes, and then each negotiator would initial the change. You could glance through the contract and quickly review any change that you had made or to which you had agreed. Nowadays with computer generated contracts we're more likely to go back to the computer, make the change, and print out a new contract.

    Here's the danger. You may have refused to sign a clause in a contract. The other side agrees to change it and says they'll send you a corrected contract for your signature. When it comes across your desk, you're busy, so you quickly review it to see that they made the change you wanted and then turn to the back page and sign it. Unfortunately, because you didn't take the time to reread the entire contract, you didn't realize that they had also changed something else. Perhaps it was something blatant such as changing "F.O.B. factory" to "F.O.B. job site." Or it may be such a minor change in wording that you don't discover it until years later when something goes wrong, and you need the contract to enforce some action. By then, you may not even remember what you agreed to, and you can only assume that because you signed it you must have agreed to it.

    Yes, I agree with you-you have a wonderful case for a lawsuit that the other side defrauded you-but why expose yourself to that kind of trouble? In this age of computer-generated contracts, you should read the contract all the way through, every time it comes across your desk for signature.

    People Believe What They See In Writing

    The printed word has great power over peop

    Are Mortgages a Risky Business?
    A bank or mortgage company is nothing more than a box in which to keep money. The owner of the box has to do a few calculations.  Firstly, how much is he going to offer those people who deposit cash in his box, in return for such a deposit? Secondly, how much of that money should he keep as cash in case the owners of that cash want it back? Maybe 5%, maybe 10%, what are the regulations in his jurisdiction? Thirdly, how much is he going to charge those people who wish to borrow the money of others, previously deposited in his box? The person who owns the box then sets out to find lots of other people to put their spare cash in the box, in return for which he promises to give them their money back plus interest. In the eyes of some economists, these people are lenders and not investors. This terminology is based on the fact that the capital investment of lenders does not change, whereas the capital value of investors, in stocks or property for example, can go up or down. The owner of the box then has to find other people who do not have spare cash, but in fact wish to borrow it. Fixed or variable? Both the lenders and the borrowers can sometimes be bewildered by the variety of terms offered by such institutions. The easiest terms to understand are those that are based on a current rate that will vary according to the market for interest rates, which alters daily, although the companies will try to even out such daily fluctuations with only periodic changes in the rate. Fixed rates, for a given period, are more difficult for the average lender or borrower to understand, a fact that has given rise in the past to greedy companies being able to reap huge benefits from such lack of knowledge. The reason for an institution wanting to attract deposits at a fixed rate could be base

    If you are to be the one writing the contract, it's a good idea to keep notes throughout the negotiation and put a check mark in the margin against any point that will be part of the final agreement. This does two things:

    1. It reminds you to include all the points that you wanted.

    2. When you write the contract, you may be reluctant to include a point in the agreement unless you can specifically recall the other side agreeing to it. Your notes will give you the confidence to include it even if you don't remember it clearly.

    If you have been team negotiating, be sure to have all the other members of your team review the contract before you present it to the other side. You may have overlooked a point that you should have included or you may have misinterpreted a point. It's common for the lead negotiator to let her enthusiasm overwhelm her to a point that she feels that the other side agreed to something when it was less than clear to more independent observers.

    I'm not a big believer in having attorneys conduct a negotiation for you because so few of them are good negotiators. They tend to be confrontational negotiators because they're used to threatening the other side into submission, and they are seldom open to creative solutions because their first obligation is to keep you out of trouble, not make you money. Remember that in law school, they are not taught how to make deals, only how to break deals. In our litigious society there isn't much point in making an agreement that won't hold up in court, however, so it's a good idea to have the agreement approved by your attorney before you have it signed. In a complicated agreement what you prepare and have the other side sign may be no more than a letter of intent. Have the attorneys work on it later to make it a legal document. It's better that you devote your energy to reaching agreement.

    If you have prepared an agreement that you think the other side may be reluctant to sign, you may be smart to include the expression "Subject to your attorney's approval," to encourage them to sign it.

    Once the verbal negotiations are over, get a memorandum of agreement signed as quickly as possible. The longer you give them before they see it in writing, the greater the chances that they'll forget what they agreed to and question what you've prepared.

    Also, make sure they understand the agreement. Don't be tempted to have them sign something when you know they're not clear on the implications. If they don't understand and something goes wrong, they will always blame you. They will never accept responsibility.

    I find it helpful to write out the agreement I want before I go into the negotiations. I don't show it to the other side, but I find it helpful to compare it to the agreement that we eventually reach, so that I can see how well I did. Sometimes it's easy to get excited because the other side is making concessions that you didn't expect to get. Then your enthusiasm carries you forward and you agree to what you feel is a fantastic deal. It may be a good deal, but unless you have clearly established your criteria up front, it may not be the deal that you hoped to get.

    Power Negotiators know that you should always try to be the one that writes the contract. When the verbal negotiations are over, it's time for someone to put everything in writing, and the person who gets to put it in writing has definite power in the negotiations. There are bound to be little details that you didn't think of when you were verbally negotiating that need to be specified in the written contract.

    If you're the one who gets to write the contract, you can write those to your favor. Then it's up to the other person to negotiate them out when it comes to signing the contract. So, try to be the one who writes the contract.

    I'll say to the other people, "Look, we need to put this down in writing. But let's not go to a lot of expense on this. I have an attorney on retainer, it won't cost either one of us anything for me to have my attorney do it." Even if I had to pay the attorney to do it, I still think I'd be better off to be the one who is writing the contract.

    Read the Contract Every Time

    In this age of computer-generated contracts, it's a sad fact that you have to reread a contract every time it comes across your desk.

    In the old days, when contracts were typewritten, both sides would go through it and write in any changes, and then each negotiator would initial the change. You could glance through the contract and quickly review any change that you had made or to which you had agreed. Nowadays with computer generated contracts we're more likely to go back to the computer, make the change, and print out a new contract.

    Here's the danger. You may have refused to sign a clause in a contract. The other side agrees to change it and says they'll send you a corrected contract for your signature. When it comes across your desk, you're busy, so you quickly review it to see that they made the change you wanted and then turn to the back page and sign it. Unfortunately, because you didn't take the time to reread the entire contract, you didn't realize that they had also changed something else. Perhaps it was something blatant such as changing "F.O.B. factory" to "F.O.B. job site." Or it may be such a minor change in wording that you don't discover it until years later when something goes wrong, and you need the contract to enforce some action. By then, you may not even remember what you agreed to, and you can only assume that because you signed it you must have agreed to it.

    Yes, I agree with you-you have a wonderful case for a lawsuit that the other side defrauded you-but why expose yourself to that kind of trouble? In this age of computer-generated contracts, you should read the contract all the way through, every time it comes across your desk for signature.

    People Believe What They See In Writing

    The printed word has great power over peop

    Business Manners Apply to Interviewers As Well As Applicants
    Today's job applicants are encountering a lack of courtesy that is all too common. Businesses are flooded with applicants for every opening and many are showing a lack of respect for job seekers by failing to respond to their applications.Most employers request resumes and other documentation be sent by e-mail. Occasionally they use the old-fashioned method-the anonymous post office box. The huge volume of applications makes it seem difficult to respond personally to each one. However, the technology is there to reply to all.Most e-mail programs have the ability to send an automatic response letting applicants know that their information has been received and how and when they will be notified of an interview or the lack of one. If the application is handled through postal mail, a generic letter can be generated and sent out with the same details. There is no excuse for leaving applicants in the dark.Following an interview, employers continue their thoughtlessness. Applicants are told they will be contacted within a certain time, but it never happens. With the search narrowed, the number of calls or letters should be manageable. People who reach this level in the interview process deserve a follow-up. They need to know if the position has been filled or if the process is continuing.Consider it public relations for the organization. The person who applies for the job and is treated shabbily by an organization has friends and acquaintances whom they are likely to tell. Furthermore, that applicant may one day be an influential businessperson with a long memory when it comes to choosing business connections.Job seekers are customers, too, and should receive the same level of customer service as everyone else.(c) 2006, Lydia Ramsey. All rights reserved. Reprint righ
    the expression "Subject to your attorney's approval," to encourage them to sign it.

    Once the verbal negotiations are over, get a memorandum of agreement signed as quickly as possible. The longer you give them before they see it in writing, the greater the chances that they'll forget what they agreed to and question what you've prepared.

    Also, make sure they understand the agreement. Don't be tempted to have them sign something when you know they're not clear on the implications. If they don't understand and something goes wrong, they will always blame you. They will never accept responsibility.

    I find it helpful to write out the agreement I want before I go into the negotiations. I don't show it to the other side, but I find it helpful to compare it to the agreement that we eventually reach, so that I can see how well I did. Sometimes it's easy to get excited because the other side is making concessions that you didn't expect to get. Then your enthusiasm carries you forward and you agree to what you feel is a fantastic deal. It may be a good deal, but unless you have clearly established your criteria up front, it may not be the deal that you hoped to get.

    Power Negotiators know that you should always try to be the one that writes the contract. When the verbal negotiations are over, it's time for someone to put everything in writing, and the person who gets to put it in writing has definite power in the negotiations. There are bound to be little details that you didn't think of when you were verbally negotiating that need to be specified in the written contract.

    If you're the one who gets to write the contract, you can write those to your favor. Then it's up to the other person to negotiate them out when it comes to signing the contract. So, try to be the one who writes the contract.

    I'll say to the other people, "Look, we need to put this down in writing. But let's not go to a lot of expense on this. I have an attorney on retainer, it won't cost either one of us anything for me to have my attorney do it." Even if I had to pay the attorney to do it, I still think I'd be better off to be the one who is writing the contract.

    Read the Contract Every Time

    In this age of computer-generated contracts, it's a sad fact that you have to reread a contract every time it comes across your desk.

    In the old days, when contracts were typewritten, both sides would go through it and write in any changes, and then each negotiator would initial the change. You could glance through the contract and quickly review any change that you had made or to which you had agreed. Nowadays with computer generated contracts we're more likely to go back to the computer, make the change, and print out a new contract.

    Here's the danger. You may have refused to sign a clause in a contract. The other side agrees to change it and says they'll send you a corrected contract for your signature. When it comes across your desk, you're busy, so you quickly review it to see that they made the change you wanted and then turn to the back page and sign it. Unfortunately, because you didn't take the time to reread the entire contract, you didn't realize that they had also changed something else. Perhaps it was something blatant such as changing "F.O.B. factory" to "F.O.B. job site." Or it may be such a minor change in wording that you don't discover it until years later when something goes wrong, and you need the contract to enforce some action. By then, you may not even remember what you agreed to, and you can only assume that because you signed it you must have agreed to it.

    Yes, I agree with you-you have a wonderful case for a lawsuit that the other side defrauded you-but why expose yourself to that kind of trouble? In this age of computer-generated contracts, you should read the contract all the way through, every time it comes across your desk for signature.

    People Believe What They See In Writing

    The printed word has great power over peop

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    one of us anything for me to have my attorney do it." Even if I had to pay the attorney to do it, I still think I'd be better off to be the one who is writing the contract.

    Read the Contract Every Time

    In this age of computer-generated contracts, it's a sad fact that you have to reread a contract every time it comes across your desk.

    In the old days, when contracts were typewritten, both sides would go through it and write in any changes, and then each negotiator would initial the change. You could glance through the contract and quickly review any change that you had made or to which you had agreed. Nowadays with computer generated contracts we're more likely to go back to the computer, make the change, and print out a new contract.

    Here's the danger. You may have refused to sign a clause in a contract. The other side agrees to change it and says they'll send you a corrected contract for your signature. When it comes across your desk, you're busy, so you quickly review it to see that they made the change you wanted and then turn to the back page and sign it. Unfortunately, because you didn't take the time to reread the entire contract, you didn't realize that they had also changed something else. Perhaps it was something blatant such as changing "F.O.B. factory" to "F.O.B. job site." Or it may be such a minor change in wording that you don't discover it until years later when something goes wrong, and you need the contract to enforce some action. By then, you may not even remember what you agreed to, and you can only assume that because you signed it you must have agreed to it.

    Yes, I agree with you-you have a wonderful case for a lawsuit that the other side defrauded you-but why expose yourself to that kind of trouble? In this age of computer-generated contracts, you should read the contract all the way through, every time it comes across your desk for signature.

    People Believe What They See In Writing

    The printed word has great power over people. Most people believe what they see in writing, even if they won't believe it when they just hear about it. The Candid Camera people did a stunt to prove that a number of years ago -- you may remember seeing it on television. They posted a sign on a road next to a golf course in Delaware that said, "Delaware Closed." Allen Fount stood by the sign in a rented trooper's uniform. He wasn't allowed to speak to the people as they came up, only point up at the sign.

    What happened amazed me. People were coming to a screeching halt and saying things like, "How long is it going to be closed for? My wife and kids are inside."

    People believe what they see in writing. That's why I'm such a big believer in presentation binders. When you sit down with someone, you open the presentation binder, and it says, "My company is the greatest widget manufacturer in the world." Then you turn another page and it says, "Our workers are the greatest craftsmen in the business." You turn another page and start showing them reference letters from all your previous jobs. They find it believable even when they know you just came from the print shop with it.

    This is how hotels are able to get people to check out of the rooms on time. Holiday Inns used to have a terrible time getting people to check out of their rooms at 12 noon, until they learned the art of the printed word and posted those little signs on the back of the door. Now 97 percent of the guests check out of their rooms on time, without any question at all, because the written word is so believable.

    Recognize this when you're negotiating with people. In our litigious society, it's essential to eventually get your agreement into writing. As regrettable as it may seen, it doesn't make much sense to verbally negotiate an agreement unless the other side is willing to attest to it in writing somewhere down the line. Power negotiators know that it's important to wean the other side onto seeing in writing what they are agreeing to verbally.

    So every chance you get put things in writing. Take the time during the verbal negotiations to say, "Let me be sure that I understand what you're proposing." Then stop to write down your understanding of the point that you were discussing. Show it to the other side, but you don't have to have them sign it at this point. All you're doing is getting them used to seeing it in writing. This subliminally confirms what, up to that point, has only bee a verbal understanding. If you don this at intervals during the discussion, you'll have much less trouble getting them to sign the final written contract.

    It's important to realize that, at every point of the negotiation, the other side is more persuaded by what they see in writing. For example, if you have salespeople selling for you and you have to put a price change into effect, be sure that they have it in writing. Because there's a world of difference between them sitting with a potential customer and saying, "We're having a price increase at the start of next month, so you should make a commitment now," and them saying, "Look at this letter I just got from my boss. It indicates that we're having a price increase on July 1st." Always show it to people in writing whenever you can. If you're negotiating by telephone, back up what you're saying by also faxing them the information.

    If you sell big-ticket items and don't have a method of creating computer-generated proposals, I'd suggest that you stop everything and go get a computer system right now. It'll pay for itself on the first job. Many years ago I was in Australia on a lecture tour and a fire broke out on the second floor of my home in California. When I returned I had three contractors bid on repairing the damage. Two of them scrawled out bids by hand. They both bid around $24,000. The third contractor prepared a very comprehensive bid by computer. Every little detail was spelled out in detail. But his bid was $49,000-more than twice as much. I accepted the higher bid because the Power of the Printed Word was so great that I just didn't trust the hand-written bids.

    What's the bottom line? Because people don't question what they see in writing, you should always present written backup evidence to support your proposal. If the negotiation includes expectations that the other side will meet certain requirements, it also helps to confirm those requirements in writing.

    The transition from a verbal negotiation to a written contract can be a delicate one, but Power Negotiators known how to set it up so that it doesn't become a traumatic experience.

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