How to Use Framing in Negotiations with Joel Trachtman, Ep #311

<p>What is framing? How do you use framing in negotiations? How do you use framing to win arguments? In this episode of Negotiations Ninja, Joel Trachtman joins us to methodically dissect the topic. </p> <p>Joel Trachtman is a Law Professor, who practiced for 9 years on Wall Street before shifting to teaching international law for the last 30+ years. He wrote the book, “<a href= "https://www.amazon.com/Tools-Argument-Lawyers-Think-Argue/dp/1481246380" target="_blank" rel="noopener">The Tools of Argument: How the Best Lawyers Think, Argue, and Win</a>” to simplify the use of legal arguments in other contexts. </p> <h2>Outline of This Episode</h2> <ul> <li>[1:27] Learn more about Joel Trachtman</li> <li>[2:20] The basics of framing in negotiations</li> <li>[4:16] Framing is a matter of imagination and preparation</li> <li>[6:51] The best ways to win arguments with contracts</li> <li>[12:08] If you can’t win on substance—argue procedure</li> <li>[15:53] Who does the burden of proof fall on?</li> <li>[17:38] The mistakes lawyers make in developing arguments</li> <li>[20:35] Don’t ignore the importance of checklists</li> </ul> <h2>The basics of framing in negotiations</h2> <p>Are the words you use important? Or is it <em>how</em> you use those words that determine success? </p> <p>Framing is putting a particular argument into a pre-existing narrative. That narrative must have consequences. </p> <p>Is it a case of self-defense—or did someone commit murder? You must look at the facts, prioritize certain facts, and establish a frame. Any circumstance you’re arguing can be looked at in different ways. So you need to understand how your counterparty is looking at it. Once you gauge how they’re framing it, you can stress a different framing.</p> <p>Health-based restrictions on cigarettes or sugary drinks can be seen as public health issues <em>or</em> freedom/human rights issues. You have the ability to take the facts and establish a different narrative to help a counterparty reach a different conclusion. </p> <p>Everyone h