About Us

Victoria Pynchon

As the co-founder of She Negotiates Consulting and Training, I offer my services as a keynote speaker, trainer and consultant....

She Mediates

ADR Services, Inc.

She Negotiates

She Negotiates

The 33 cent wage and income gap is unacceptable and unnecessary. So is the cliché glass ceiling. Bottom line, our...

Yes You Can Be Liable For Negotiating in Bad Faith

I don't believe these arguments would fly in California, but in Delaware where so many corporations are born and with whose law so many contracting parties agree to comply, you can be liable for benefit of the bargain damages if you fail - in bad faith - to negotiate to conclusion agreements memorialized only by term sheets (which usually have too many holes to be enforceable).

Here's Morrison & Forester's case analysis with a link to its article on this important new case law.

A term sheet can play a useful role by allowing the parties to focus on key issues first, without getting bogged down in details. But what happens when a party agrees to a term sheet but insists on very different terms for the final contract?

The Delaware Supreme Court held in Siga Technologies, Inc. v. PharmAthene, Inc., No. 314, 2012, __A.3d__, 2013 WL 2303303 (Del. May 24, 2013), that a bad-faith failure to negotiate a final deal based on a term sheet may have harsh consequences. The breaching party may be liable for “benefit-of-the-bargain” damages reflecting the profits the counterparty would have received if the final contract had been signed and performed. While this ruling is based on Delaware law and the specific facts of that case, the message to negotiators is clear: Don’t agree to a term sheet unless it is explicitly non-binding or you are prepared to continue negotiations in good faith, consistent with the term sheet.

Continue reading here.

Here's DLA Piper's analysis.

You Deserve A Raise - Let Us Help You Negotiate It

Corporate profits have been soaring for some time now. What/who is the engine of those profits?

You, the American worker, are!

That means you deserve a raise. Have you gotten one lately? Not according to most sources.

We routinely help women negotiate raises between 15 and 30%.

Our success reflects the undeniable fact that our clients deserve these raises but haven't been getting them. We're not rocket scientists but we do know how to assess and then help you negotiate your true market value.

If you don't believe you can negotiate a raise, here's what one of our clients had to say about our services following by what USA Today had to say about your entitlement to a raise now back at the beginning of the month.

Client:

I scored BIG when I hired Victoria Pynchon. She helped me successfully negotiate a job promotion, 40+% raise, and  new title -- all at my current employer. And this was during a recession! Vickie benchmarked salaries for me, realistically evaluated my options, helped me understand the motives and pressure of my employer, and advised me at every step of the way throughout the negotiations. And she guided me in developing a long-term strategic plan for my career.

USA Today:

Stock markets and corporate profits are breaking records. The economy suddenly looks brighter after the government's surprising report Friday that employers added 635,000 jobs the past three months.  

"Hourly wages ticked up 4 cents in April to an average $23.87, rising at about the same tepid 2% annual pace since the recovery began in mid-2009.

But taking inflation into account, they're virtually flat. Workers who rely on paychecks for their income have been running in place, financially speaking. Adjusting for inflation, an average worker who was paid $49,650 at the end of 2009 is making about $545 less now and that's before taxes and deductions.

According to this month's Harpers, "even among the well-educated, the fear of unemployment deters workers from demanding wage hikes, particularly when joblessness is pervasive."

Let's not let the spectre of unemployment, or permit the unsupported corporate excuse of "the recession" deter us from reaping some small portion of the benefit that has flowed to the top of the American economic ladder in the past few years.

As one of those mega-negotiation training firms that advertises in airplane magazines says, "you don't get what you deserve; you get what you negotiate."

Find us and call us at She Negotiates and let us help you negotiate what you deserve.

Despite our focus on closing the gender wage gap, we serve men as well as women because a rising tide raises all ships.

The Week at ForbesWoman

We've had a busy week over at ForbesWoman in articles and blog posts covering:

The Davos World Economic Forum

The paucity of women at the Davos Economic Forum despite how rich the ones who attended are as described in this post by Forbes staff writer Louisa Kroll, The Richest Women at Davos.

Women's Davos Wardrobe Dilemmas covered by Moira Forbes as an unfortunate but still critical factor for the display of power necessary to be a player at the World Economic Forum.

A photo gallery of the executive conferences women CEOs love best.

The Continued Assault on the Glass Ceiling

Aman Singh's post on Why So Many Top Women Don't Make it to Executive Leadership.

Jenna Goudreau's Jobs Outlook:Careers Headed for the Trash Pile


Continue Reading

Frivolous Claims

It genuinely did not occur to me until I'd been mediating full time for a year that "frivolous" claims most often arise from felt injustices (instances of unfairness in the commercial world) that the law does not recognize.

When attorneys attempt to rectify non-actionable wrongs, they so drastically "spin" their clients' stories that the resulting claims appear to be false and therefore not only frivolous, but malicious.

By the time the parties come to mediation, the legal "story" has often become unrecognizable to all the parties -- a result of client "control" at depositions and pre-trial proceedings in which the "whole story" has been so riddled with holes that it most resembles a piece of Swiss Cheese. 

A good mediator can relocate the original story of injustice; be the agent of reality for the plaintiff's often inflated expectations of recovery; and, re-translate the "frivolous" lawsuit back into the tale of unfairness that made the client seek out counsel in the first place.  

When this is accomplished, the defendant is able to settle the lawsuit without feeling black-mailed, a term that, along with "extortion" is most frequently used by defendants who genuinely do not know what could possibly have motivated the plaintiff to sue them other than greed and malicious ill will.

When the defendant wrestles with the actual, rather the the legal, theory of injustice, the settlement becomes a way of successfully grappling with and resolving what are usually simply business communication or management failures. 

The good news?  You don't need a mediator or even a lawyer to "try this at home." If you are a business person with a legal dispute, try talking to your adversary before you bring in legal counsel.

When you do need an attorney, talk to him about business solutions to to the legal problem.

If you are an attorney with a "client control" problem, bring your client back in from the cold.

As litigators, we tend to forget that our business clients have often negotiated more deals in a single week than we do all year. Engage their creativity and together you will be the best attorney-client team on the block.

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