Trash talk. Bad mouth. Speak ill of. Insult. The Dozens (as defined in Wikipedia: The Dozens is a contest of personal power: wit, self-control, verbal ability, mental acuity, and toughness).

Whatever you call it, don't do it. Word games end in court and attorneys can be expensive.

Recently I was retained by a printer to negotiate their end of lease and maintenance agreement. Communication had broken down and all parties needed help in reaching a mutually satisfactory agreement.

The lease, like most equipment leases, contained an "evergreen" clause. The "evergreen clause" means the lease automatically renews for a period from one month or as long as five years if the printer fails to give notice to the leasing company of their intent to purchase, renew or return the copier. Written notice must be given "no more than 120 days and no less than 90 days before the end of the lease."

The printer (Marty) had a rocky relationship with his equipment dealer (Charles) for most of the equipment's five-year lease life.

The equipment seldom performed adequately and did not meet the dealer's sales promises. It was frequently in need of repair. Production quality suffered.

Accusations were made by each party. You've heard them all no matter which team you play for.

The Customer thinks:

1. Charles lied to sell his equipment.
2. The equipment is a lemon.
3. I can't wait until this lease is over and I can replace this junk with a good machine.

The Dealer feels:
1. The equipment operator is an idiot.
2. Marty isn't paying me and uses the equipment as an excuse.
3. The manufacturer released the model before it was market ready.

The Leasing Company believes:
1. Pay us. Don't be a deadbeat.
2. Broken equipment is between you and the dealer. It's not our fault.
3. Didn't you read the fine print in your lease? Sure the lease renewed.

How did I help? I communicated with all parties.

Follow Mary's Seven FearLess Negotiation Rules:

1. Be specific in what can and cannot be done. Don't sell hype.

2. Be honest with everyone.

3. Deliver on all promises, on time.

4. As soon as a bump occurs (they always do), keep all parties informed.

5. Write down and distribute all commitments.

6. Don't count on anyone's memory.

7. Confirm what you said is what they heard AND understood.

Happy negotiating!

Mary A. Redmond provides highly specialized information for corporations, managers and dealers who negotiate and manage leases. With 28 years in the leasing industry, including 21 working for the largest leasing companies in the U.S., Mary knows leasing. You may reach Mary at 913-422-7775 or mary@reviewyourlease.com