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P RINCIPLES OF N EGOTIA TION

parties in the deal. It happens naturally when all of the clauses are ne-
gotiated separately, continually, and then revised again and again. By
doing the negotiation carefully and slowly the lawyers could arrive at
language that might be unusual but acceptable to both sides. Of
course, it takes a lot of money to pay the fees of the lawyers and the
negotiators involved in the drafting of documents. It required many
discussions between lawyers and clients to craft solutions to antici-
pated problems. But everyone involved could say, “We’re moving in
the right direction. We’re constantly revamping and revising but we
believe we come out with something both sides can live with.” By uti-
lizing the invested time principle, Trump’s list of open issues slowly
declined and the mutually agreeable solutions increased until there
was only one item in dispute between the opposing lawyers. At the
last item they each dug in their heels claiming their position was
the only one and recommending that the lease not be signed unless
the other party gave in. To solve the stalemate Donald called me to
intervene and resolve the disputed issue. The issue involved the
agreed split of a condemnation award if the property was taken by the
government under eminent domain. I told Donald that the likelihood
of a governmental taking was remote and giving more money to the
owner in that event was a business risk worth taking. He agreed, and
that was the end of a long but very successful negotiation.

How You Can Use the Invested Time Philosophy
to Your Advantage

Get all people employed by the other side involved in some phase of
the negotiation. Get the buyer or seller to review or create financial
information and ask them to make projections of income, expenses,
cash flow, profits, and tax implications whenever possible. Solicit
questions and then give them answers enabling them to rework their
calculations. Get the engineering experts to examine the property

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