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CIBC Negotiations

The document provides an overview of negotiation strategies and skills. It discusses that negotiation is an important skill in both personal and professional contexts. Effective negotiation involves understanding interests, maintaining flexibility, separating people from problems, considering alternative options, and avoiding common negotiation traps like extreme positions. Key negotiation skills include listening, acknowledging other perspectives, and effective communication. The document also briefly discusses case studies involving research projects, business partnerships, and technology licensing, as well as alternative dispute resolution options like arbitration, litigation, and mediation.

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Datuk Andri
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197 views25 pages

CIBC Negotiations

The document provides an overview of negotiation strategies and skills. It discusses that negotiation is an important skill in both personal and professional contexts. Effective negotiation involves understanding interests, maintaining flexibility, separating people from problems, considering alternative options, and avoiding common negotiation traps like extreme positions. Key negotiation skills include listening, acknowledging other perspectives, and effective communication. The document also briefly discusses case studies involving research projects, business partnerships, and technology licensing, as well as alternative dispute resolution options like arbitration, litigation, and mediation.

Uploaded by

Datuk Andri
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPSX, PDF, TXT or read online on Scribd
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Negotiations

Presented by:

Michael Erdle,
Managing Partner, Deeth Williams Wall LLP

December 6, 2007
It’s Negotiable:
A Guide for Entrepreneurs

Michael Erdle,
Managing Partner
Introduction

Negotiation Problems
Negotiation Skills
Dispute Resolution

In theory there is no difference between


theory and practice. In practice, there is.
-- Jan van de Snepscheut
What is Negotiation?

Everything is negotiated.
Family and personal
● “Where should we go for lunch?”
● “Can I borrow the car?”
Academic research
● “Fund my project.”
● “Publish my paper.”
Business ventures
● “I want a raise.”
● “Invest in my company.”
● “Pay me a license fee or I’ll sue you.”
Negotiation Goals

Distributing Value vs. Creating Value


Opportunistic
Problem-solving
Identify Issues
Consider Interests
Mutual
Complementary
Conflicting
Negotiation Goals

Successful relationships are built on


communication and trust.
Negotiation is one way of creating trust – or
deciding whether trust is justified.
Example: “The Prisoner’s Dilemma” a
classic negotiation game
One-time deal vs. continuing relationship
Negotiation Styles

Assertiveness vs. Empathy


Three common negotiation styles:
Competitive
Accommodating
Avoidance
Effective negotiator is both assertive and
empathetic.
Negotiation Skills

Communication is the key to effective


negotiation.
Understanding and recognition do not
mean compromise and concession.
What you say is often less important than
how you say it.
Tone
Body language
Negotiation Skills

Listening
Develop “active listening”.
Understanding
Acknowledge the other person’s perspective.
Flexibility
Be open to other options.
Pragmatism
Be ready to accept the best available option.
Effective Negotiation

Interests vs. Positions


“Needs” vs. “wants”
“Separate the Person from the Problem.”
Soft on the person
Hard on the problem
Consider other Options
Negotiation

Use Objective Alternatives


Look for a “win-win” solution
Determine BATNA
Best Alternative to Negotiated Agreement
Negotiation Traps

Classic “Hard Bargaining” Ploys


Extreme claims, small concessions
“Take or leave it.”
Unreciprocated offers
Threats and warnings
Attacking the alternatives
Good cop, bad cop
Ways to Respond

Extreme claims, small concessions


Tit for Tat – make equally small concessions

“Take or leave it.”


Make a counter offer
Offer an alternative
Don’t be afraid to walk away.
Ways to Respond

Unreciprocated offers
Don’t negotiate against yourself.
Wait for a counter offer.

Threats and warnings


Don’t make a counter-treat.
Challenge the underlying assumptions .
Ways to Respond

Attacking the alternatives


Ask for an explanation.
“Why do you have a problem with…?”

Good cop, bad cop


Negotiate with the boss.
Use the “good cop” to your advantage.
Case Studies

Research Projects

Business Partnerships

Technology Licensing
Research Projects

Academic Interests Commercial Interests


Publication Confidentiality

Collaboration Exclusivity

Increase knowledge Develop product

Obtain funding Generate revenue and profits


Business Partnerships

“Senior” partner “Junior” partner


Expand the business Expand the business

Maintain reputation Build reputation

Short-term focus Long-term focus


Technology Licensing

Licensor Licensee
Access to markets Access to technology

Guaranteed revenue Low up-front cost

Minimum continuing obligations Guaranteed continuing support

Low risk Low risk


Dispute Resolution

Arbitration Litigation
Mediation

Interest-based Mediation
Mediator is a facilitator
Focus on interests, not legal rights or obligations
Options for creative solutions
Evaluative Mediation
Neutral evaluation
Based on legal rights & obligations
Mediation

Qualities of a successful mediator


Negotiation & mediation process skills
Subject area knowledge
Lets parties make key decisions
Creative approach to the problem
Patience
Resources

Cohen: You Can Negotiate Anything, Bantam,


1980
Fischer, Ury and Patton: Getting to Yes,
Penguin, 1991
Ury: Getting Past No, Bantam, 1993
Mnookin, Peppet and Tulumello: Beyond
Winning, Harvard University Press, 2000
Questions?

Click to edit Master text styles


Second level
● Third level

● Fourth level

● Fifth level

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