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The Art of the Deal in Turbulent Times:

An E-Chat with 
Mary Greenwood, JD, LLM, 
ADR Author

 www.marygreenwood.com

by Fey Ugokwe, J.D., Founder/Editor-in-Chief

Q:  Now is the night of all financial dreams, it would seem—at least, reportedly, for a spell. Sales are sagging, inventories are standing still in stock, petrol prices are at a breath-binding zenith high, and consumer confidence is at an all-time free-spiralling low.  There are some, however, who still have sufficient discretionary income to, post An Inconvenient Truth, purchase


what could be aptly termed ‘contemporary conscience’ items--like energy-conscious hybrid vehicles and eco-friendly homes. You literally wrote the book on Negotiation--what are your tips and tricks for negotiating the best deal for such high ticket, high-minded purchases in this juxtaposed era of environmental urgency and erasing economy?

A:   The buyer has a real advantage in these economic times, so be creative in asking for concessions and you will get an even better deal. If you are buying a hybrid vehicle, my advice would be the same as buying any vehicle: 

1. Do your research before you go to the showroom--you should check local newspaper ads or a website so you know the prices. You should also know in advance the specials, rebates, or bonuses available from the dealer; 

2. Always bring a friend to the dealership and give him/her a role in advance. It can feel as though the dealer and the finance people are ganging up against you so it is nice to have someone you trust with you. I brought my son and daughter-in-law, whose role was to say, "let's go home and think it over"; 

3. My strategy was [also] to have a certain dollar amount over which I would not go; 

4. Always ask for one more thing--is there an accessory you want that would make the deal more attractive?; 

5. Don't say ‘yes’ right away--even if they have given you a final offer, shave something off the price and ask them to take it back. You will probably get it because they don't want to lose a sale over something trivial; 

6. Shop at the end of the month--usually the dealers want to get rid of inventory, and are even more willing to make a better deal.

Q:  What is the most egregious error that lay female bargainers typically commit, in your opinion, when attempting to negotiate the capture of such key items like houses and cars---especially when dealing across the desk from male sellers—and how should they avidly avoid such missteps?

A:  There are stereotypes that women cannot negotiate as well as men--that women are not as aggressive, take things too personally, or are too emotional. I believe we [heard] some of [these stereotypes] when Hillary Clinton was debating. I don't believe these stereotypes are true. Since [a woman] may be subject to a higher standard, she has to play [the] part and look the part. Being a good negotiator is like being a good actor: 

1.Never Let Them See You Sweat--it is important to check your emotions at the door before trying to negotiate anything. Emotions can make one lose control...[e.g.] nervous, upset, or unsure...[a woman] needs to focus on what she hopes to accomplish, and tell herself that nothing is going to stand in the the way of her goal; 

2. Be Prepared--if [women] feel they are not taken seriously, [they] have to work extra hard [and] do their research. If not completely prepared, consider delaying the start of the negotiation; 

3. Look the Part—a woman should set the tone of the negotiation the moment she walks into the room. She must give good eye contact and be a good listener. She must dress professionally and not have anything distracting like chunky jewellery or a quirky hairdo. In the debates, Hillary [Clinton]’s and Sarah [Palin]’s suits and hairdos were often of interest.

Q:   Now, Texas-Hold-‘Em—most business owners duly attempt to sport the proverbial poker face when negotiating their various n’ sundry deals…but such is decidedly harder to do when sales are sluggish and thereby, everything seems to be resting heavily, clumsily on the bottom line.  What are your words of wisdom for wheelers n’ dealers who still have to wade forth into gnarly negotiations during these turbulent economic times?

A:  My philosophy is that anything can be negotiated. During these turbulent economic times, the hardest thing may be to close the deal. One has to play all the angles and ask: 

1. Does the other side want something other than money? Maybe one party wants the deal closed very fast, and  will accept payments over a longer period of time rather than a lump sum payment; 

2. How can I sweeten the deal? Try to find out what the other side needs--this is where your research can pay off; 

3. How can I be flexible? If you want the deal closed, you will need to be flexible--[however], you have to protect yourself at the same time; 

4. What is my Plan B? If your first suggestion does not work, keep coming back with alternatives and suggestions--maybe one will be appealing, and be the one thing that seals the deal. 

Q:   Switching psych gears here a little, fellow attorney--who or what prompted you to make your profession that of Alternative Dispute Resolution?  Did the decision indeed occur whilst you were in law school, well subsequent to its matriculating commencement, or in your child-teen-or-twentyhood?

A:  I think it goes back to my childhood. I was known as the peace-maker in the family. When they were teenagers, my mother bought coats for [my sisters] one Christmas, that were custom-fitted. The problem was that both sisters wanted the same coat. I found it amusing because both girls had the same build, height, and weight--and the coats looked the same to me. I mediated with them in caucus and joint sessions for hours, trying to get them to take [their] assigned coat. It did put me on the ADR path--and I am still thinking of new arguments I could have used.  

Q:  You have been profoundly prolific in such a short shrift of time, penning treatises on Employment Law, Negotiation, and Mediation.  When did you birth your first book, and what was the quality of your process for getting it written, published, and marketed—did it feel like labour or leisure? 

 A:  I wrote [my first book] when I was a Law Professor, in 1987. I was paid a set amount to write it and was not involved in any of the marketing after it was published. In many ways, it did not feel like my book, and it felt more like labor than leisure. My second book, [published in] 2006, was definitely a labor of love. The idea was that the rules I had learned as a result of being a union negotiator would apply to everyday disputes and conflicts. It is self-published, and I am basically responsible for all marketing. I have really enjoyed being the author of [that] book. It has won six book awards.  The third book [published in] 2008, is a sequel, and is based on my experience mediating over 6000 cases online with [a major online auction company]’s buyers and sellers. It has won three book awards so far. I am now working on a new book, the premise [of which] is that interviewing with a future employer is just another type of negotiation. 

Q:  What sage singers and song lyrics and inspired you through the creation of your various written works?

A:  1. Kenny Rogers: Know When to Hold 'em and Know When to Fold Them; [and] 2. Rolling Stones: I Can't Get No Satisfaction. There are some cases that just won't get resolved and these songs reflect that.  

Q:  Which Election 2008 debates were your fave thus far—the Presidential or the V.P.—and why…and what were you deservedly dining on before, during, or after you tuned into their tongue-tango?

A: I was a little disappointed that [all of] the debates' discussions of the economy were lacklustre. It was as though the enormity of the collapses had just not hit them yet. I was drinking Chardonnay and eating organic chips while watching the [October Presidential] debate. I have to say that Tina Fey in the Saturday Night Live spoofs of the [Vice Presidential] debate are my favorite.