Kearns, Lance C.

English

Marquette University Law School

Marquette Sports Law ReviewVolume 20Issue 2 Spring Article 11Book Review: Negotiate Like the ProsLance C. KearnsFollow this and additional works at: http://scholarship.law.marquette.edu/sportslawPart of the Entertainment and Sports Law CommonsThis Book Review is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, pleasecontact megan.obrien@marquette.edu.Repository CitationLance C. Kearns, Book Review: Negotiate Like the Pros, 20 Marq. Sports L. Rev. 663 (2010)Available at: http://scholarship.law.marquette.edu/sportslaw/vol20/iss2/11NEGOTIATE LIKE THE PROSKenneth L. Shropshire[New York: McGraw Hill, 2009]208 PagesISBN: 978-0-07-154831-1Every day presents another opportunity to engage in negotiations.Whether handling a multi-million dollar business negotiation or squabblingover the price of antique furniture at a flea market, everyone has engaged insome sort of negotiation. Kenneth Shropshire's book, Negotiate Like the Pros,provides a detailed plan to help make everyone a better negotiator. The bookfocuses on the sports business world, providing numerous stories involvingsports negotiations, but the knowledge can be utilized in any field.Shropshire's explicit goal is to provide a book that everybody can use in theirown line of work.' He addresses the commonly held misconceptions aboutnegotiations and provides a step-by-step framework for understanding thenegotiation process and improving personal negotiation skills. He does this byrelating personal experiences and follows up with his own advice on thesubject. This process provides a useful set of examples, allowing the reader torelate to each chapter's topic and drive home the most important points withrelevant commentary and suggestions.The author starts by informing the reader that great negotiators are made,not bom. "I am convinced that anyone can be taught to be a betternegotiator."2 First, a person must identify his or her negotiation style thenthey must learn to understand and improve that style. 3 Changing style is notbeneficial; rather, a person must embrace style and focus on strengtheningspecific skills. As Shropshire says, "[t]he overall key to success is to firstunderstand you."4The first key to improving negotiation skills is preparation. According toShropshire, this is the "most important element in any negotiation." 5 Toillustrate this point, the author provides examples from the experiences ofpeople who prepared very well and people who prepared poorly. The most1. KENNETH L. SHROPSHIRE, NEGOTIATE LIKE THE PROS 2 (2009).2. Id. at 3.3. Id.4. Id. (emphasis in original).5. Id.MARQUETTE SPORTS LAW REVIEWprominent example revolves around Shropshire's involvement in organizingthe 1984 Olympics and the lessons he learned from this experience. 6 Toillustrate this point the author shares a series of stories about the efforts ofPeter Ueberroth, who was serving as the Olympic Organizer, to convince FidelCastro to let the Cuban teams participate in the Olympics, instead of joiningthe Soviet boycott.7 These efforts required copious amounts of preparation,including obtaining information about every major person involved in thedecision, his or her personal feelings about the situation, who or what mayinfluence each person to make the desired decision, and personal informationthat would help the negotiators to create a relationship with each of them.One of the keys to preparation is understanding the importance ofrelationships and having adequate background knowledge of the person acrossthe table. 8  Shropshire also discusses the importance of viewing theinformation a negotiator has gathered from all possible angles, includingthrough the eyes of the person across the table. 9 This means that negotiatorsneed to be aware of any differences that may skew the importance of certainpieces of information, including racial, gender, and cultural differences. 10 Healso stresses the importance of preparation, and the need to focus on minordetails, because these can be the deal breakers in a negotiation. In order toadequately prepare, it is important for a negotiator to develop a negotiationplan that will encompass all possible outcomes and gather information thatwill help to establish an appropriate relationship.The chapter ends with a takeaway that provides an outline of a negotiationplan for readers to use as a template in their own negotiation preparation.11The outline is so complete that a reader could simply copy the template anduse for personal preparations. As one of the most important and useful piecesof information in the book, this takeaway sets the tone for the rest of the bookand allows the reader to get a glimpse at how an experienced negotiatorprepares for a negotiation.The second chapter encourages the reader to look inward and determinetheir personal negotiation style. 12  Shropshire considers knowledge of aperson's negotiation style to be very important during preparation because it6. Id. at 11-20.7. Id. at 11.8. Id. at 14.9. Id. at 16-18.10. Id.11. Id. at 33-34.12. Id. at 35.[Vol. 20:2NEGOTIATE LIKE THE PROSdetermines how a person will react to certain negotiation situations.13 If aperson is aware of his or her negotiation style, he or she will do a better job ofunderstanding the person across the table and anticipate any negotiationmaneuvers.Shropshire urges readers to take the Bargaining Styles Assessment Tool(BSAT) that is found in the appendix.14 The BSAT consists of thirty multiplechoice questions that the reader answers, then tallies up the scores, helping toinform the reader of negotiation tendencies they should embrace. 15 Thisinformation provides readers with guidance for determining which type of thefive negotiation styles they fit into best. The strengths of each style are thenfully explained. 16 Then advice is given on how to fully embrace yourindividual style, prepare with it, utilize it, and win with it. This information iscritical to any negotiator so he or she can prepare effectively and negotiate tothe best of his or her ability.The third chapter discusses the important task of setting goals. Shropshireagain uses the example of Peter Ueberroth and the 1984 Olympic Games toillustrate the importance of having a clear set of goals in mind prior to enteringa negotiation. 17  He discusses making opening offers while keeping theultimate goal in mind, setting targets for the negotiation, and knowing when towalk away. '8 While preparing goals, it is important to establish referencepoints for your impending negotiation. 19 Knowledge of reference points guidethe negotiation and allow the negotiator to feel out the strength of his ownposition and the position of his or her counterpart. Finally, Shropshire stressesthe value of realistic goals. 20 Again, a negotiator must be aware of the marketthey are negotiating in and set goals properly to ensure a successfulnegotiation and outcome.Next, Shropshire discusses the issue of leverage. He goes into great detailin an attempt to show the reader how to legitimately obtain leverage and avoidtactics such as lying. To illustrate his point, he discusses the story of DonKing's organization of the 1974 Ali-Foreman boxing match that took place inKinshasa, Zaire. 21 King created leverage where there was none and he did it13. Id. at 40.14. Id. The BSAT can be found on page 175.15. Id. at 41.16. Id. at 41-46.17. Id. at 57.18. Id. at 62-64.19. Id. at 64-68.20. Id. at 71-73.21. Id. at 75.2010]MARQUETTE SPORTS LAW REVIEWin a legitimate manner, by thinking creatively, appealing to the pride of bothboxers, and leveraging his own skills as a promoter.2 2 The example of King isuseful for beginners because it emphasizes how hard work and preparation caneventually create leverage for a negotiator. 23 Shropshire also discusses theusefulness of creating allies who may help you to build leverage, stressing theimportance of culling new personal relationships and maintaining existingones. 24 He also takes time to dispel the notion that lying in negotiations is auseful tactic 25 and focuses on the negative long-term effects that lying willhave upon the reputation of a negotiator.26Once leverage is gained, it must be efficiently utilized in order tomaximize its effect on the end result. The author devotes time to discussinghow to appropriately exercise leverage in a variety of ways, stressing theimportance of using it to your advantage while it lasts. 27 He also discusseshow to create leverage with timing of offers, counteroffers, and informationdivulgence and how it is necessary for a negotiator to fully understand thetiming circumstances surrounding his negotiation in order to get the best dealfor his client.28 Finally, the author discusses how a negotiator's consistencycan effect negotiations. 29 Treating people alike and with proper respect canenhance a negotiator's reputation and also provide leverage to make or break adeal. 30In the fifth chapter, Shropshire discusses the role of relationships in thenegotiation process. A wide variety of relationships can effect a negotiation,the relationship between the negotiators, the relationship between negotiatorand client, the relationship between involved parties and specific third parties,and the relationship with the public in general. Any of these relationships canimpact a negotiation in a meaningful way. The example of Drew Rosenhausand Terrell Owens' personal relationship illustrates how the relationshipbetween negotiator and client can directly impact negotiations. 31 Shropshirethen discusses the value of creating and maintaining those relationshipsthrough negotiation and the importance of projecting the appearance that both22. Id. at 77.23. Id. at 78.24. Id. at 81-85.25. Id. at 85-87.26. Id.27. Id. at 88-95.28. Id. at 91.29. Id. at 93.30. Id. at 94-95.31. Id. at 97-100.[Vol. 20:2666NEGOTIATE LIKE THE PROSparties are winners. 32When creating these relationships, it is important for a negotiator to makepersonal connections, because eventually those connections may be thedifference between getting a deal done or walking away from the table. 33 Theauthor also makes it a point to emphasize the cultural aspect of relationshipsand negotiations. He uses the examples of Yao Ming and Yi Jianlian and theirmovement from China to the NBA to show that it is important for negotiatorsto understand where their counterpart is coming from and how to bestaccommodate their position. This is a useful tool when dealing with anyindividual, not just someone from a different culture.Shropshire also talks about recognizing the negotiable topics that may notdeal directly with money. By looking beyond monetary issues, a negotiatormay be able to facilitate a deal that makes both parties happy, even if thedollar figures are not exactly what one party initially had in mind.34 Parties,specifically athletes, may be willing to sacrifice monetary gain if it means theycan live somewhere that they are comfortable, win more games, work withpeople they enjoy, or receive other outside benefits, such as advertising orsponsorships. These issues, or others like them, need to be considered andaddressed by both parties. This will help to create an agreement that meets theneeds of each side. The chapter ends with the author reiterating earlier advice:place a high value on negotiation relationships, because it may not be the onlynegotiation with the other party. Having a good relationship with yourcounterpart will be very useful in the future, should you cross paths again.The sixth chapter deals with the actual bargaining process and gives thereader insight into how to translate all the preparation and informationgathering that has already occurred into a successful negotiation. Shropshiremakes no excuses about the process; he admits that it is "nerve-wracking."35However, he also stresses that the process can be practiced. A number ofeveryday examples are set out, such as attempting to negotiate taxi fares orasking cashiers to apply past or future sales prices to purchases. 36 From theseexamples, it is easy to imagine countless other negotiation opportunities thatwill give novices and experts a chance to practice whenever they please.37Shropshire then explores the details of a negotiation, setting out a variety32. Id. at 101.33. Id. at 102.34. Id. at 109.35. Id. at 122.36. Id. at 122-23.37. Id.2010]6 MARQUETTE SPORTS LAW REVIEWof ways to handle the initial move, the opening offer. 38  He discussessituations when it is useful to be proactive and make the initial offer andinstances when it is better to wait for the opening offer. 39 He then providesinformation to deal with making a counteroffer and how to properly analyzethe opening offer made by the other party.40 The importance of patience isstressed throughout this chapter, urging the reader to maintain composure andavoid rushing the process.Shropshire also emphasizes an underutilized art, the art of listening.4 1Listening is often better than talking, and by actively listening, a negotiatorcan gain a significant advantage. Some of the best negotiators can use silenceas a weapon, causing their counterpart to divulge valuable information thatmay later be used to help their clients. Shropshire again emphasizes theimportance of creativity, urging the reader to think outside the box during anegotiation and create a successful deal. 42 If creativity is properly applied, itcan grease the wheels and allow a negotiation to move along at an appropriatepace.Once an appropriate deal has been agreed upon, it is important to close thedeal. Shropshire calls this "one of the most overlooked parts of the deal." 43He points out that even after a settlement has been reached, there may bewiggle room to make it a better deal. 44 However, this is a tactic that must becarefully employed, in order to avoid breaking up a newly formed deal. Thechapter closes by stressing the importance of preparation and trusting thatpreparation when it comes to closing the deal.45The seventh chapter discusses the negotiator as a third party participant.Shropshire discusses the various roles in which negotiators may findthemselves acting as a third party advisor and not an active party to anegotiation. He emphasizes the importance of a negotiator knowing his placein a situational relationship and being able to effectively act as an advisor andnegotiator. He uses a personal experience in politics that taught him the valueof keeping distance from a situation that you are not personally involved in.As an attorney, agent, or negotiator it is important to have a clearly definedprofessional boundary, establish a compatible relationship, clearly define the38. Id. at 125-26.39. Id.40. Id. at 126-27.41. Id. at 130.42. Id. at131-34.43. Id. at 134.44. Id.45. Id. at 135.668 [Vol. 20:2NEGOTIATE LIKE THE PROSroles in the relationship, align the interests of the parties, and appropriatelyhandle any conflicts that may arise.4 6 If the negotiator is unable to do this,then it will be best to reconsider the relationship.The either chapter stresses the importance of knowing the intended andunintended audience of any negotiation. 47 To illustrate the point, Shropshirediscusses the congressional testimony of baseball players on the issue ofsteroids, specifically, Mark McGwire. 48 He emphasizes the importance of thecourt of public opinion and the impact that the public can have on a client'spublic value. Shropshire uses the example of the public apology to show howquickly public opinion can be swayed and how the actions of a negotiator andclient can be impacted by this public message. The Michael Vick and KobeBryant situations are compared in order to fully show how a public apology, orlack thereof, can impact the status of an individual. 49 Bryant quickly issued apublic apology and his transgressions were forgotten, while Vick avoided apublic apology and he still has not been fully forgiven. 50 This emphasizes thesuggestion that an apology should be issued sooner rather than later. 5 1 Thequicker that the bad news gets aired out, the less likely you are to suffer anunexpected harm, like damage to the client's reputation. 52 Shropshire alsocomments on the usefulness of crafting a positive message, regardless of thenature of the initial news.53Shropshire concludes this book by tying all of the previous chapterstogether while emphasizing what have by now become familiar key points.Success is defined by each individual meaning and each negotiation will bedifferent. This means that two negotiations with the same set of facts can turnout differently based upon the parties. John Wooden and Pat Summit areagain used to emphasize the importance of preparation. 54 It is the negotiator'sjob to cover all the aspects of a potential negotiation and be knowledgeable onany topic that may arise. If it is necessary to seek help or guidance from amore knowledgeable source, then that is what the negotiator must do. Anegotiator must focus on the relationships in any negotiation and focus on46. Id. at 138-49.47. Id. at 151-53.48. Id.49. Id. at 157-58.50. Id.51. Id. at 161.52. Id.53. Id. at 162-63.54. Id. at 166-67.20101MARQUETTE SPORTS LA W REVIEWbuilding those relationships beyond the negotiation. 55 The "Final Takeaways"sufficiently summarize how to "Negotiate Like a Pro." 56 A negotiator must,"Prepare with passion; Stick with your style; Set goals and aim high; Seek outleverage, but don't lie; Focus on the value of relationships; Embrace thebargaining process; Know your audience; Play smart." 57Shropshire uses examples from a variety of negotiators and situations topaint a picture that emphasizes the various details of a negotiation. Thisallows the reader to put the details together and fully understand the bigpicture, while maintaining focus on all of the important, minor aspects of anegotiation. The stories provide entertaining, enlightening examples that canserve as guideposts for negotiators of all skill levels. The "Takeaways"effectively summarize the main points of each chapter and allow the reader tobreak down and easily retain the important information. It is plausible thatdedicated readers, attempting to improve their negotiation skills would copythese "Takeaways" into a notebook and go over them in preparation for anynegotiation they might encounter.Negotiate Like The Pros is an excellent resource for students andprofessionals. Negotiations happen on a daily basis in the sports world andthese negotiations usually involve lawyers. Unfortunately, people oftenoverestimate their negotiation skills and end up short-changing themselves innegotiation opportunities. This book will improve negotiation skills and allowthe reader to avoid those situations where they walk away from the tablefeeling like they could have done better. It provides students and professionalswith a number of helpful guidelines that will improve their skills in a mannerthat will surely help them to advance both their careers and their personallives.Lance C. Kearns55. Id. at 172.56. Id. at 173.57. Id.[Vol. 20:2

Book Review: Negotiate Like the Pros

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Book Review: Negotiate Like the Pros

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