For some reason Paul's post seems targeted at the job interview process. With respect to point #1, it seems like it's rare that as an employee you will write your own contract, or that if you did, your employer would accept it.
Yes. The other Paul's advice covers a different ground.
Though Paul D. Windsor, Esq., the lawyer, writes:
'In my profession, [starting with your own proposal] is known as "controlling the document." It is often true that he who controls the document controls the deal. Psychologically, if the negotiation begins with with your proposals, it's likely to proceed from your perspective and not the other guy's. The end result is much more likely to be in your favor under such circumstances. Most people in the real world are too lazy to draft their own contracts and, if they do, often do a poor job. Always be the first to present the contract. By doing so, you are taking the initiative in setting the terms of the deal for the remainder of the negotiations.'
Agreed, this is terrible advice. Negotiations are meant to be a method for two parties with similar goals to understand the needs of the other party and present an opportunity for everyone to walk away happy.
Paul seems to think that negotiations are best when you screw the other side over. Or he's defensive and believes that "since they are trying to screw me, I'll screw them."
Most negotiations are just the start of an ongoing and lasting relationship with the other party, do you really want to be trying to "screw them over?"
1. Always Start With Your Own Proposal
2. Make Detailed Proposals
3. Clearly State Mutual Responsibilities
4. Be Prepared to Give Meaningful Consideration
5. State the Penalties for Breach of Contract
6. Be Prepared to Walk Away from the Table