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position and motivations on deal points is to directly ask them their
rationale for what they're offering or seeking. Once you know the
other party's thought process and justifications, rather than just the
outcome they desire, you can better adjust your strategy and response
to coincide with their position. For example, in a scenario where the
other party is requiring some advance payment that doesn't sit well
with you, you might find out that they need the funds at this initial
juncture to fund required material or other costs in order to put the
arrangement in motion. Once you understand the logic behind
requests and demands relating to a deal structure, you're better able
to control discussions and create agreeable terms.
Is there any reason you can't?
This is a great question to ask when you know the other party is
avoiding or rejecting your offer for no legitimate reason or not having
thought it through well enough. Sometimes people make shallow
excuses for why they can't do something or shoot down an idea with
short-sighted objections. Most often, when the question is asked this
way, the other party has a hard time coming up with truly legitimate
reasons that effectually negate your argument or offer. In instances
where the other party does happen to come up with a viable objec-
tion, you now have the opportunity to directly address, and hopefully
overcome, that objection with sound reasoning of your own.
Why do you think this is a fair and reasonable term or condition?
A fair and reasonable term or condition, such as a price, propos-
al or provision, can be defined as what's prudent under competitive
market conditions, given a reasonable knowledge of the marketplace.
Fair implies a proper balance of conflicting or divided interests.
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