Saturday, August 30, 2008

Negotiating: Negotiating for Profit Articles

Hello All:

I hope this post finds you and yours in good health. On behalf of myself and everyone here at Negotiating For A Living, we wish you a restful and enjoyable Labor Day.

While you're enjoying your holiday please take a few minutes and visit my web site article section on the very latest tips, strategies, and what's happening in the negotiating for a living industry:

Until next time, be well.

James A. Gage

Tuesday, August 26, 2008

Why Do 90% of Home Based Businesses Fail?

Everyone has dreamed about starting a business and being their own boss at one time or another in their life. Most who pursue that dream find only frustration and failure.

Since the mid 80s, as many as 90% of new businesses have closed in their first year. According to a recent survey of failed business owners, "lack of planning" was the number one reason listed for new business failure. Other reasons included were: lack of experience, money, and low sales.

It may be that most people just get tired of feeling used and unappreciated at their jobs. They get their inspiration for entrepreneurship out of frustration. They see a company that they feel could be operated better, and they make the decision to go out and try it themselves. They are sometimes shocked at the overwhelming task of operating and growing a successful business. From lack of planning, and out of total frustration, they close their business and return to their employee status.

It's really a shame; there are numerous talented people out there who could possibly build a better company. But their lack of planning from the start closes the door on their odds of success, sometimes before they even open the doors of their new business.

To read the rest of this article please visit:

Thursday, August 21, 2008

4 Types of Arbitration

When we think about arbitration, we think of a neutral third party who is empowered by 3 individual parties to decide the outcome of a dispute, but that is just scratching the surface as we will soon see.

There are 4 types of Arbitration: Binding, non-binding, court appointed and what I invented and advocate “Independent Arbitration”.

Binding Arbitration: The parties agree to waive their right to go to court for a judicial decision which is binding by the arbitrators ruling.

Non-Binding Arbitration: The parties have the discretion to abide by the arbitrator's decision or seek other venues. In my 20 plus years of arbitration experience this is the least appealing and successful form of arbitration; only the attorneys and arbitrator make money, and the parties rack up the venue bills.

Court Appointed Arbitration: Is just that ordered by the court. The judge elects an arbitrator of their choice to hear and render a ruling – which by the way is binding.

And finally, we come to what I invented - Independent Arbitration. Some have connected this form of arbitration with names like dispute resolution, ADR, debt settlement, debt arbitration and debt negotiating to name a few. However, with this type of arbitration you will notice vast differences. With this type of arbitration we represent only one party (usually the defendant if it happens to be a litigation case). We do not stay neutral in the dispute, but rather work as a fiduciary, representing our client to achieve out of court settlement, IRS tax issues and delinquent accounts payable.

We set our own fees based on what we achieve for settlement for our clients, not an hourly rate like attorneys. And since we are not employed by agencies like the above 3 forms of arbitration, we are free to work as much or as little, increase or modify our fee structure, and work as much or as little as we desire.

Why Would A Business Choose To Use An Arbitrator Instead of An Attorney?

Few businesses elect the expense of litigation if arbitration is available. Put simply, arbitration is a business like forum for resolution of business disputes and while the elaborate safeguards of the legal system are often not available, the need for prompt and private resolution of disputes seems to convince most of our business clients to use independent arbitration. For those clients used to non American systems of law, arbitration seems a welcome and familiar way to resolve disputes and protect the rights of all concerned.

Besides attorneys work a principle called billable hours, we work on results! If we do not settle the case we don’t get paid, whereas, attorneys get paid whether they settle the case or not; you can see why this would be a motivating factor when a business owner is deciding who to engage to represent them.

Be well,

James A. Gage

Tuesday, August 19, 2008

Negotiating Penalties & Interest with The IRS

Negotiating with the IRS is not as hard as one would imagine when it comes to penalties and interest! Let me qualify that statement before I get a flood of e-mails telling me I don’t know what I’m talking about.

First, interest is statutory, meaning its federal law, that under no circumstances and or situations can this interest be waived! However, interest can be deferred if you enter your client into an installment agreement or if you obtain a moratorium.

Secondly, penalties can be waived – finally some good news! However, they can only be waived after the initial principle, interest and penalties have been paid in full. Then you may apply for “Abatement”, AKA waiver of all penalties; of course this is not a guaranteed approval, but is based on the circumstances behind the delinquency ( this is where you negotiating skills on paper will serve you well ).

This is one of the many factors you must keep in mind when negotiating an IRS tax situation for your client as an Independent Arbitrator. Stay tuned for more helpful tips and strategies…

James A. Gage

Friday, August 8, 2008

Negotiation Techniques That Make You A Better Negotiator

Prepare for battle. Enter a negotiation without proper preparation and you've already lost. Start with yourself. Make sure you are clear on what you really want out of the arrangement. Research the other side to better understand their needs as well as their strengths and weaknesses. Enlist help from experts, such as an accountant, attorney or tech guru.

Timing is everything. Timing is important in any negotiation. Sure, you must know what to ask for. But be sensitive to when you ask for it. There are times to press ahead, and times to wait. When you are looking your best is the time to press for what you want. But beware of pushing too hard and poisoning any long-term relationship.

Leave behind your ego. The best negotiators either don't care or don't show they care about who gets credit for a successful deal. Their talent is in making the other side feel like the final agreement was all their idea.

Fine tune your listening skills. The best negotiators are often quiet listeners who patiently let others have the floor while they make their case. They never interrupt. Encourage the other side to talk first. That helps set up one of negotiation's oldest maxims: Whoever mentions numbers first, loses. While that's not always true, it's generally better to sit tight and let the other side go first. Even if they don't mention numbers, it gives you a chance to ask what they are thinking.

You have not, because you ask not ! Another tenet of negotiating is "Go high, or go home." As part of your preparation, define your highest justifiable price. As long as you can argue convincingly, don't be afraid to aim high. But no ultimatums, please. Take-it-or-leave-it offers are usually out of place.

Anticipate compromise. You should expect to make concessions and plan what they might be. Of course, the other side is thinking the same, so never take their first offer. Even if it's better than you'd hoped for, practice your best look of disappointment and politely decline. You never know what else you can get.

Offer and expect commitment. The glue that keeps deals from unraveling is an unshakable commitment to deliver. You should offer this comfort level to others. Likewise, avoid deals where the other side does not demonstrate commitment.

Don't take on their problems. In most negotiations, you will hear all of the other side's problems and reasons they can't give you what you want. They want their problems to become yours, but don't let them. Instead, deal with each as they come up and try to solve them. If their "budget" is too low, for example, maybe there are other places that money could come from.

Stick to your guns. As an individual and a business owner, you likely have a set of guiding principles — values that you just won't compromise. If you find negotiations crossing those boundaries, it might be a deal you can live without.

Close with confirmation. At the close of any meeting — even if no final deal is struck — recap the points covered and any areas of agreement. Make sure everyone confirms. Follow-up with appropriate letters or emails. Do not leave behind loose ends.

Tuesday, August 5, 2008

What is Debt Arbitration?

By James A. Gage

Debt Arbitration is the industry created around the practice of debt settlement. Debt arbitrators are third-party institutions or individuals that work on behalf of their clients to negotiate out-of-court settlements for old bills, invoices, lawsuits, liens, medical bills, utility bills, judgments, and other types of significant debt. Typically, debt arbitrators are in lieu of credit counseling as a way to avoid bankruptcy. Due to the 2005 bankruptcy law changes, it is almost impossible for businesses to file bankruptcy and walk away from their delinquent debt. As you can see there is an unbelievable opportunity available for someone who is looking for a career change, mother(s) hours, small business or home based opportunity.

Some other names people referrer to Debt Arbitration are: debt settlement, dispute resolution, civil arbitration, and what we at Negotiating For A Living have created “Independent Arbitration”.

Debt Arbitration Process

The major difference between debt arbitration and credit counseling is the fact that debt arbitrators work independently on behalf of their clients, while credit counselors work on behalf of credit card companies. Debt arbitration itself is conducted through something known as debt negotiation. During this process, arbitrators negotiate a lump sum settlement for amounts owed to credit card companies, creditors, IRS/DOR tax obligations and pending litigations - typically, at a significant discount to the actual amount owed. Clients then make more affordable payments to the debt arbitrators to pay off the remaining balance.

Industry Regulation

In the US no states currently require any form of licensing for debt arbitrators; the industry relies on Negotiating For A Living. Com to certify and provide ethical standards to those who train and practice debt arbitration.

For more detailed information on this industry opportunity, click on the link : “ Video Negotiating For A Living” on the left hand side bar.

Sunday, August 3, 2008

Want A Recession Proof Business?

Are you worried about the economy? Nervous about your job security? Wondering how you will manage to pay your bills or mortgage in the credit crunch? Recession always puts a lot of people on edge - but not everyone. It depends on the business you’re in. There are such things as recession proof business opportunities and right now I know I’m in the right business!

If you think about a recession in a positive way, you can choose to see it as an opportunity for change. So, you might lose your job or have less to spend. But what if you didn’t really like your job in the first place or you were looking for a career change- where would you turn?

In today’s world more and more people are beginning to recognize that a traditional job is not the only way to earn money - and in fact the way we have been taught (get a good job, earn a regular income, retire in your sixties) is not as secure as it once was, and that is only too apparent every time there is a recession, just ask the people at Enron!

Setting up a home business may not be an immediate answer to today’s pressing bills - it will take time to grow -but it is certainly an investment against future economic downturns. And if your job is currently threatened, it would do no harm to start off a home business now as a commitment to a more secure future; remember the old saying “prepare for a rainy day”.

Many people are put off starting up on their own because of the costs involved. But in my business the start-up costs are minimal. Even if your budget is less than $100.00 you have the chance to create a business that will grow into something big, as long as you implement my leveraged strategies.
Running an independent arbitration home business is fun and exciting. It is also takes some work and minimal time. But compared to an ordinary job, for me the rewards far outweigh the daily grind of working for someone else in a job that might not last anyway. I know that my financial future is secure. Is yours?

Recession proof business opportunities come in many shapes and forms. Why not have a look at and see if you can find something that suits you? At the worst, you will discover a new world of opportunity for the cost of a few dollars. At the best, you will provide yourself with future financial freedom.

Friday, August 1, 2008

Looking For A Career Choice or Change? Why Not Consider Independent Arbitration?

Are you wondering how to choose the right occupation whether you're doing it for the first time or changing careers? Well you came to the right place! Choosing a career can be confusing at best.

There are hundreds of career options out there. How do you make a career choice when you don't really know what you want to do? Does it seem like an insurmountable task? It's not. Yes, you will have to put some time and energy into making your decision, but your effort will be well worth it in the end.

How Do You Choose the Right Career?

Choosing a career is an involved process that is based on a number of things, including your interests, skills, work-related values, and personality.

Whether your goal is a full-time business or a steady, part-time income stream, Negotiating For A Living (NLFL) will show you innovative and proven ways to profit and work from your home with a career in the lucrative independent arbitration industry. Explore the pages of my web site and discover which avenues are right for you!

That being said, browsing the internet there are literally thousands of business opportunity resources and a person often gets overwhelmed by the sheer choice of programs, and services.

When looking for a business opportunity you should look for 7 primary qualities:

1. Integrity : Does the company have a reliable track record/history?

2. Value : Is the company providing a valuable service/product?

3. Training : Do they provide you with quality one-on-one training and materials?

4. Support : Is it easy to contact them and do they reply in a timely fashion?

5. Compensation : Is your effort rewarded in a timely manner (Return On Investment)?

6. Investment : Does the opportunity require tens of thousands of dollars to get started, and years for you to recoup your initial investment?

7. Recession Proof : Can it be profitable in an up, down or side ways economic market?

All these qualities are important when choosing a business opportunity.

Too many people jump in to an opportunity such as MLM ( Multi Level Marketing) that promises them mountains of gold, only to find that they have been ripped off after the opportunity seems to have disappeared into thin air or has gone bust.

Another opportunity being marketed is that of the franchise. A franchise business is a method a company uses to distribute its products or services through retail outlets owned by independent, third party operators. The independent operator does business using the marketing methods, trademarked goods and services and the "goodwill" and name recognition developed by the company. In exchange, the independent operator pays an initial fee and royalties to the owner of the franchise.

The company that grants the independent operator the right to distribute its trademarks, products, or techniques is known as the franchiser. The independent, third party business person distributing the franchiser's products or services through retail or service outlets is called the franchisee. The franchiser charges hundreds of thousands of dollars for a license, and in addition may require annual payments to continue using their name and trade marks.

What ever business you choose to get involved with make sure it meets your budget and expectations! There is nothing worse then starting a business that becomes un-enjoyable, unprofitable, and finally becomes a 80 hour torture chamber