Negotiation Strategies
Lesley Stolz, Ph.D.
Business Development lesstolz@yahoo.com
Outline Negotiation and Influencing Basics Negotiation Style Developing the Business Opportunity Progressing Negotiations From Agreed Terms to Binding Contract The Softer Side of Negotiation
Take-Home Messages Negotiation is participatory Positional negotiation is not effective Power in negotiation comes from preparation Preparation is necessary prior to any interaction with the other party Ninety percent of the negotiation process is done before the first meeting Listening is probably your most important skill to develop The Art of Effective Negotiation
“in good deal making, 90% of the real negotiation happens before you sit down to negotiate’”
“effective negotiation is 90% attitude and 10% technique” Know yourself Know your own organization Know the opposite party
Negotiation facilitates agreement when some of your interests are shared and some are opposed Negotiation is the process of evolving communication to get from opposition to consensus, manage conflict and reach agreement Negotiation principles apply as much to your internal team as they do to an outside party
Negotiation and influencing skills are critical to getting the best deal, facilitating problem solving, gaining support and building co-operative relationships Negotiation is central to gaining agreement and exercising influence The ability to influence others and resolve conflict is at the core of successful business
Negotiation is an integrated process requiring: Effective communication Development of consensus (internal & external) Process Management Influence building and relationship development Success in negotiation depends on confidence Confidence enables and arises from a) careful advance plaing to maximize options and b) working creatively during the negotiations to optimize the outcome Success is ultimately measured by the potential contribution of a deal to the bottom line of your portfolio Sometimes the best deals are the ones not done!
Preparation: The Elevator Pitch
n Your first assignment as a BD person n Template: We provide (state the nature of your product/service)… …for (who is the target audience)… … who want (what does this audience need)… ¡ …and are looking for (what audience values). Most people aren’t even aware that (what should they know but might not know to ask). We always offer (case building, foundation for differentiation) To help our audience make the best decisions possible, we offer _______________ which contains (evidence)
Modified from Monopolize your Marketplace by R. Harshaw and Invigorate
Negotiation Style
We All Have an Individual Style Style is a consistent pattern of behaviors emanating from an individual and recognised by others Distinct negotiating styles Warm Tough Numbers Dealer The role of style in negotiation enables us to understand and manage n Ourselves Our internal team The opposite party Character as the Basis of Negotiation Style Style is influenced by iate character traits
Style can be fine-tuned to adapt to different negotiation scenarios - your fundamental character does not change
Complementary styles make a successful negotiating team
¡ Adapting style can enhance and improve intra-team co-operation
Where Does Our Style Come From? Genetics Upbringing Social background Education and training National culture Reaction and response to other people Professional experience
No one fits exactly into one style, but most of us have a 6080% fit with one
To recognize your style, you need to look inside and find out how others see you
Warm Style
Pros for a negotiator Friendly, good listener Emphasizes common interests Constructive and helpful Informative and open Creates climate of confidence Patient, calm Supportive team player Trusts the advice of others Cons for a negotiator Interpersonal relations too important Difficulty saying “no” Can lose sight of own interests Conflict averse Trusting and naïve Deferential and apologetic May struggle under pressure or with responsibility May be perceived as weak Tough Style
Pros for a negotiator States position assertively Dynamic, takes control Decisive and quick to act Seizes opportunity Takes the lead Rises to the challenge Gets the best for their side Cons for a negotiator Autocratic vs. team player Impulsive and impatient Inflexible and proud Overbearing Doesn’t listen well: “take it or leave it” Quick to criticize, even colleagues Numbers Style
Pros for a negotiator Facts, logic, detail oriented Methodical and systematic Persistent and patient Prepares well, manages risk Sticks to policy and procedures Weighs all alternatives Confident in own skills
Cons for a negotiator Not intuitive with people Lacks creativity Expects to convince with logic n Analysis paralysis n Predictable: no surprises! Stubborn and resistant to change Fails to see other point of view Too literal: may miss golden opportunity
Dealer Style
Pros for a negotiator Socially skillful, charming, cheerfully cynical Avoids giving offence Adaptable, flexible, creative Persuasive, articulate Perseverant Thinks on feet Understands true ‘win-win’ Seeks opportunities to make it work
Cons for a negotiator A deal at any price: “deal junkie” Pushy Over solicitous: “sucks-up” Shifts position too fast, too often Alienates through talking too much Perceived as tricky, insincere, untrustworthy Fails to prepare, plan or listen properly
Beyond style, all negotiators should….. Have the willingness to prepare Enter negotiations with optimism and ambition, projecting high expectation and self confidence There is striking research evidence that people who expect more get more Have commitment to integrity and courtesy Even polar opposites are entitled to treatment with respect! Develop proactive questioning and listening skills Make best use of questions, body language, interjections Develop supporting statements, clarifying statements & summarizing statements to elicit information and optimize communication
Developing the Business Opportunity
The Negotiation Process
Know yourself & your organization: personal style, company strategy
Know the product or technology and its position in the marketplace
Know your potential partner: culture, strategy, management, markets
First meeting(s)
Communicate interests, issues and needs
Identify the gaps
Address needs, resolve the issues
Close the gaps
Close the deal
Managing the process
Due Diligence
Definition of Need First know thyself Establish effective lines of communication to key stakeholders in your organization Build consensus on organization needs & strategy Develop BD objectives and priorities Establish criteria for Strategic Fit
Proactive Reviews Forced ranking opportunity assessments
Reactive Reviews Degree of fit with predefined criteria
Develop Internal Consensus
Technical Review Team
With Project Owner (with operational responsibility)
With Alliance Manager (if not Project Owner)
Within Business Development Team
With Project Stakeholders
With Senior Management
Use your powers of influence!
Deal Team Concept
Strategic Plaing & Business Development
Research and Development
Manufacturing Operations
Executive Sponsorship
Opportunity
Analysis and
Negotiation Team
Legal, IP and Regulatory
Parent Company &
Affiliate Operations
Sales and Marketing Strategy
Finance and Accounting
Establishment of Internal Corporate Objectives Define strategic purpose of partnering Cash Pipeline gap Experience in pre-clinical or clinical development ¡ Meet commercialization goals
Define the market opportunity Elaborate commercial potential - be realistic, consult experts Understand competition, potential differentiators Develop financial model and understand sensitivity of key parameters;
e.g. how changing the numbers changes the proportion of profit share between licensor and licensee
¡ Prepare strategic options as a decision tree and the financial implications of partnering at different development time-points ¡ Prepare a product life cycle plan
Align Objectives to Potential Partners Is there one ideal partner for the opportunity? Based on e.g. Strategy, capabilities, industry reputation, therapeutic focus, deal-making history Synergies with your organization obvious Candidate for ‘Proactive Review’ Approach to negotiation can be more targeted and customized to the ideal partner in question
Or are there potentially many contenders? e.g. Earlier stage assets requiring initial exploratory research phase More effort required in initial ‘finder’ phase, to identify partner with ideal strategic fit Candidate for ‘Reactive Review’ Approach to negotiation initially more general (one size fits all) then customized once probable partner identified
Maintaining Alignment to Internal Corporate Objectives Create a communication plan within your company so the message is always the same Establish and communicate criteria for identifying potential partners and their fit to your organization Begin to define and structure the type of deal your organization is seeking Understand your Best Alternative to a Negotiated Agreement (BATNA) Create a rough outline of a term sheet including ballpark figures for financial terms and trigger events for payments Analyze comparable deals Reaffirm your BATNA in the context of your draft term sheet Ensure the broad definition of the deal is communicated effectively internally Secure buy-in as early as possible in the process
Visualize the Opportunity
TARGET
BATNA
TARGET
BATNA
Bargaining
Zone
Their Needs
Your Needs
OPENING POSITION
Plaing Tools Create a map of the issues – note what a change in one issue will do to another Set your limits What is your BATNA? This will be the low end of your limit What is their BATNA? Difficult to estimate, but very important What is your target? Your target should be ambitious without being ludicrous. It should be near their BATNA Set your first offer and ensure this is communicated to your key stakeholders internally Even if the other party offers the first term sheet, you must keep your first offer in mind Examples of Negotiation Issues License Payments
¡ Upfront, FTE support, success fees, milestones, royalties Activities of the Parties: obligations vs. responsibilities Other considerations (Quids?) Manufacture and supply (Bulk / Formulation / Fill / Finish) IP Inventorship / Prosecution / Enforcement Registration Rights Governance and Dispute Resolution Representations and Warranties Termination
Termination
Upfront
Reps &
Warranties
Activities
Supply
Governance
IP &
Inventorship
License
Registrational
rights
Royalties
Milestones
Quids
Interdependence of the Issues
Plaing Tools Make a chart of what issues or terms you will give up, what you must keep, what you want to get, and what could be a surprise. Create a chart of information that you will disclose to the other party, keep from the other party, want to get from the other party, and what would surprise you if they gave it to you. Remember, information is power in a negotiation
Give
Get
Keep
Surprise Preparation for Initial Contact Establish the objective for the initial contact Have all your plaing tools together and completed Information needs, possible scenarios, etc. Prepare your introduction statement Envisaged relationship Balance of power Possible outcomes and probability of success Determine who should be contacted and who should make the contacts. Agree on “one voice” Make initial contact; assess and establish interest Discuss and agree next steps Transfer of non-confidential materials: have all relevant publications, patents, posters, etc ready in pdf form to send out upon request Define and agree time frame for review and follow-up period to enable you to meet internal expectations
Building the Scientific Contact Define what your organization requires to build the foundation of a full binding agreement with the party Transfer of proprietary materials under an MTA? More collaborative involvement in a predefined Feasibility Study? Secure the necessary co-operation and buy in from your scientific and technical specialists Ensure your key individuals know their counterparts in the partner organization Keep technical achievability aligned to strategic intent, even at this early stage Work with your internal specialists to outline the workplan for this stage of the interaction Bear in mind that all provisions (e.g. obligations, ownership of inventions, confidentiality, consequences of termination) must align with the intended terms of the eventual full agreement
Guiding Principles Openly discuss needs and expectations of your organization
Invite other party to describe their needs and expectations
Establish agreement on scope & Key Success Factors which will guide decision-making in the project
Codify into statement(s) that define the spirit as well as the intent of the desired relationship
Overall Goal of Negotiation: to become the Preferred Partner Partnership is a social as well as a legal contract Anticipate balance between explicit terms and operational flexibility. Be pragmatic Get beyond the other party’s positions; understand their interests and priorities and balance with yours Proactively seek solutions which balance needs Use objective criteria to support decision-making whenever possible Individuals move on; minimize need for subjective interpretations Keep personalities out of the negotiations Remember: Preferred Partner is not necessarily Exclusive
Partner Licensor may be using this deal to rank you against other opportunities
Positive Attributes of the Negotiator Good listening skills Clear, consistent vision of their goals Maintains a long-term vision for the partnership Blunt and candid about their wants and needs Honest and upfront regarding value and limitations of their offering Good market awareness Trustworthy and professional Values integrity: keeps (most) of their promises Fair and consistent Discrete and considerate Good sense of humor Clear ability to see the other party’s point of view
Progressing Negotiations
It‘s all about Communication
Internal Team Partner
Finance
BUSINESS
DEVELOPMENT
BUSINESS
DEVELOPMENT
IP and Legal
CEO/EXECS
Research and
Development Preparation Negotiate a bilateral CDA Do this quickly and efficiently Have your confidential information package ready Products: detail of pre-clinical studies (ADME, tox, in vivo) as pdf files Products and technology: include protocols Customize materials for the party in question, aiming to anticipate their questions
First Confidential Interaction Create agenda jointly with the other party Deliver messages effectively; stipulate timelines, constraints, expectations Probe how the other party views the opportunity, their needs and their priorities. Refer to your information chart… ask the questions! Gather as much information as you can now Establish open dialog enabling flexible problem solving for mutual gain Identify areas of agreement and disagreement to the satisfaction of both parties Identify action points; follow up promptly and definitively Due Diligence Due diligence underpins the entire negotiation process Shows willingness of both parties to prepare and be professional Cooperation in fielding relevant specialists is essential Key issues identified, addressed and resolved early Performed through electronic data rooms and site visits Compound (materials) Scientific / technical Intellectual property Due diligence = effective communication in action Be open and swift to respond Do not become defensive Learn from the experience
Due Diligence – Electronic Data Rooms Convenient for many types of diligence Scientific – pre-clinical reports, animal toxicity studies, manufacturing information (SOPs, QA), clinical study reports Intellectual property Financial documents Organization of information is critical Control of access is key Access can be staged, printing can be restricted Some things still stay out of data rooms Complemented by on-site visits Due Diligence & Site Visits: Managing your Team YOU are in charge Select and convene your team well in advance Agree each person’s assignment Agree any “off-limit” topics Agree to answer only questions asked by the other party Ensure all disclosures can be substantiated Assure your team that “I don’t know” is an acceptable response Ensure that everyone looks and behaves professionally Regroup with your team afterwards to discover what has been learned Due Diligence & Site Visits: Managing the Other Party Give your visitors privacy Establish and communicate your policy on copies of documents being removed from the building Clean white-boards, clear meeting room of irelevant materials Make sure labs are clean and offices are organized Provide refreshments; arrange hotels and transportation Check on progress, but don‘t hover On completion, invite them to dier with your team Due Diligence: Science and Materials Obtain questions in advance Organize all reports and protocols – provide in meeting room if possible Have all manufacturing information (including information or approvals from manufacturer / regulators) to hand Ensure that key specialists are available where required and are fully briefed Due Diligence: Intellectual Property Prepare document room (electronic or physical) with all relevant files Compile applications / patents and their status and prosecution history in spread sheet format Have invention disclosure system ready Assist other party in understanding specific requirements for inventor law Exclude FTO opinion and other recommendations of counsel
Beyond Due Diligence: Final Term Sheet Pressure-test your organization’s interests and priorities as negotiations proceed Negotiations may have created new opportunities Conflicting priorities may drive compromise… yet compromise may not always be the best solution Define the scientific/technical scope in detail Continue to build and manage contact between yours and their specialists ¡ Finalize workplans Agree go/no go decision points, especially early in the collaboration Stay on top of IP created through these interactions Due diligence may not be complete before the term sheet is finalized
Communication
Coordinated message + relationship building = agreement with minimal conflict
CEO/EXECS
Senior Business Executive
Finance
BUSINESS
DEVELOPMENT
BUSINESS
DEVELOPMENT
IP and Legal
Senior Research Champion
Research and Development
Internal Team Partner Summary of Best Practice Plan ahead Preparation builds confidence First impressions are critical – make yours a good one Manage communication chaels, internally and with the other party Commit agreed points and open issues to writing – share freely Take note of recurring contentious issues Keep your introduction statement in mind - but convene with your team afterwards to ensure your position is reasonable Never postpone resolution of critical issues until legal drafting
CASE STUDY BREAK HERE
From Agreed Terms to Binding Contract
A Nuts and Bolts Approach
Setting the Scene Establish what your agreed term sheet represents Overall opportunity Responsibilities Value creation opportunities Strategic priority for your organization Refer back to your term sheet negotiations and any key issues identified with the other party Don’t forget the agreed timetable to reach closure Identify who will be involved in the legal drafting process on your side Establish contact with equivalents in other party Brief your transaction team on all of the above Building Strategic Agreements for the Long Term Most deals fail to realize their full potential due to early termination Impact of premature termination is far greater than failure to deliver downstream milestone and royalty payments Opportunity cost Disillusionment among collaborating scientists Failure to meet board/senior management/investor expectations Exacerbation of internal communication challenges Damage to external reputation Aim to immunize your deal against common partnership
pitfalls Mitigate the risk of exposure to factors beyond your control Define the Deal Components Work with your internal team to ensure that all phases of the deal (research, development, commercialization) have been thoroughly thought through Construct decision trees for each deal phase (not to be shared with the other party) to give you maximum negotiation flexibility through each phase Identify deal breaker issues within each phase with key internal stakeholders and address them objectively and fully
¡ You will be in a more commanding negotiation position if you are aware of your own issues before they are raised as such by the other party Deal Components - Research
Research
Development
Commercial
n Research issues include Research term, options to extend, research plan, sponsored vs.
self-funded, where is the hand off ¡ Roles and responsibilities FTE commitment – fixed or not? Resource allocation and cost allocation Governance Intellectual property – who owns or controls? Deal Components - Development
Research
Development
Commercial
n Development issues include Definition of product profile, development plans, resource commitment, manufacturing responsibilities for clinical supply,
regulatory affairs, roles and responsibilities, cost sharing or reimbursement procedures Selection criteria for development candidate (and back-up?) Opt out provisions, rights to initial development compound vs. next generation / back-up compounds Deal Components - Commercialization
Research
Development
Commercial
n Commercial issues include Commercialization plan Manufacturing responsibilities for commercial supply Resources Roles and responsibilities Cost sharing and reimbursement Trade-offs for retained rights Royalty vs. profit sharing Commencement of Legal Drafting As licensor, you and your transaction team should aim to produce the first draft By going first, you establish an anchor point for the evolving discussions and deliberations – representing a good psychological advantage Ensure that your legal counsel is fully aware of tangible and intangible factors pertinent to the deal ¡ Maintain close contact with counsel at all times Any specific issues that need to be carefully drafted – license grants, IP control, etc. Be aware of any scheduling conflicts arising and communicate these to the other party in a timely fashion Do not lose touch with your key stakeholders internally No need to brief executive management every step of the way – but keep your specialists on your side throughout
Behavior Management: Principles Listen Question Summarize Build on common ground Build on the other party‘s ideas Summarize Emphasize agreement Describe your feelings Summarize
Communicate! Behavior during Legal Drafting Negotiations Explain and back up your position Identify points of agreement with the other party – don’t place too much emphasis on areas of disagreement at this stage Consider the response you will make to their best and worst reaction “You’ll have to do better than that”. Your response “Exactly how much better than that do I have to do?” Avoid contradiction it creates confrontation and eventually leads to stalemate When the other party sets out their position forcefully, do not accept or reject it immediately Probe for the interests underlying their position and explore how to address those interests “If we can do that for you, what can you do for us?” Behavior during Legal Drafting Negotiations Ignore threats and ultimatums These may appear to symbolize strength, but they are more often symptoms of weakness In these situations, use delays or silences to counter their position Use “I feel”, “I felt”, “I found” to turn hostility around Be aware of body language at all times Ensure your own team is attentive and interested Make note of sudden responses from the other party (smiles, frowns, snorts) Maintain an atmosphere of co-operation and willingness to be reasonable Making Concessions Start high, concede slowly, and taper them Resist slipping into dividing the pie (distributive bargaining); strive for “integrative bargaining” to trade off between issues and make the pie bigger Be aware of your big and little issues. Make big moves on little issues, and little moves on big issues Continue to visualize your issues as a map Deal with the entire package: no issue is closed until all associated issues have been decided Seek compromise – “If you agree our requested FTE rate, we could consider rescheduling the first milestone” Focus on interests, not positions Positions you will hear, underlying interests you’ll have dig hard to discover
Keep your BATNA in Sight!
TARGET
BATNA
TARGET
BATNA
Bargaining
Zone
Your
needs
Their
needs
multidimensional
Remember: “We most prefer to say yes to the requests of someone we know and like”
Use of Tactics in Negotiations Negotiations naturally and inevitably involve tactics Make sure you can distinguish a tactic from a “Dirty Trick”
¡ A dirty trick is a tactic deliberately designed to mislead and/or break down the other party, leaving it with no options and/or preserving broader self-interests Everyone uses dirty tricks to some extent (sometimes even subconsciously!) You may call the intention of a dirty trick into question but focus instead on the behavior If used on you (e.g. included in the package), declare your disappointment using “I feel”, “I felt”, “I found” statements
Examples of Tactics
n Many tactics can influence negotiation outcome Anchoring – influence opinion by dropping a number as a reference point Nudging – direct choices subconsciously, without forbidding any options Authority – cite key opinion leaders, experts, boards of directors, etc. Can be a form of nudge Risk aversion to loss Anchoring Anchoring on the offense Set high goals prior to negotiation Open with the best deal for you (highest or lowest number) to give a framework of reference n Anchoring on the defense Use a de-biasing strategy – think about the opposite perspective when a number is given Ignore the details of the case at hand; seek market comparables Experience and information is the key to anchoring… how good is yours? How good is theirs? Nudging A nudge in the real world is easy to find… fruit at eye level and junk food hidden away, making something an active choice to achieve the non-ideal result (subscribing to a newsletter as the default). Setting up the milestones in a deal that you want so the other side only thinks to change the number - not the event that causes it Keep in mind that small and apparently insignificant details can have major impacts on people’s behavior Authority An influence tactic that is used all the time
¡ Citing or engaging an expert and referencing their qualifications Though an expert can define what is fair and what isn’t Having reams of paper with data from key opinion leaders Using the board of directors or the CEO as a smokescreen for refusing to compromise or delivering an ultimatum Can lead the other side to neglect competitor information Risk of Loss Studies have shown that people are more risk-averse when they are contemplating gains They will go for the higher chance of a gain Or if they are told they have a high chance of losing a larger amount of money, they choose the 100% chance of losing the smaller amount of money rather than a small chance of losing nothing They prefer surety for loss Result: give good news in chunks and bad news all at once Frame choices in terms of losses rather than gains Dealing with Derailed Negotiations Is the delay a one-off hitch in communication? Chronic slowness? Indication of a wider issue in the partner organization? Maneuvering for an advantage? An emerging pattern requires decisive action and an escalating response If there is clear evidence of a cultural discoect or pattern of “dirty tricks” emanating from the other side, broach the subject with the lead negotiator(s), preferably alone and definitely in private Determine whether the party is serious about doing a deal Does the pattern of behavior in negotiations portend problems in a future partnership? Resume negotiations with mutually agreed provisos or “walk”, depending on the severity of the impasse, your response to it and your options “Walking Away” Is More Than a Tactic The primary objective of a negotiation is not to do a deal – it’s to advance one’s business through doing a deal Define internally the point at which a deal structure and/or partnership becomes a net, long-term loss Be clear throughout the negotiation about which terms are absolute “must haves” or “deal-breakers” If the negotiation fails, examine the extent to which the failure resulted from that specific partner
¡ Or was there a weakness in the technology which needed to be overcome? Or were your objectives unrealistic at the outset? Sometimes a deal not done is the appropriate outcome
Gaining Commitment When agreement has finally been reached, do not gloat over your victories nor brood over your defeats Continue to work cooperatively with the other party to build trust and manage the relationship Remain responsive to the timely identification of problems and negotiation of solutions Keep sight of the goal: to secure commitment. Signing the agreement is just a symbol of that commitment
Closing: When? How?
When All remaining gaps have narrowed Their concessions or yours have dried up You are at your target or limit Implementation questions start taking over Body language... Everyone is interested How Summarize and agree (eye contact, firm language) One last concession (if we agree to this then we have a deal) Make final offer – confer with your team, package it, firm delivery, pack up your papers, close your pen, and shut up after you say so If they don’t accept it and you still want to continue, break out with your team to discuss further options. Or sleep on it! If they give it, did they leave a way out? Ignore the finality, break out with your team to discuss further options
The Softer Side of Negotiation
Culture and Communication
The Global BD Environment Business opportunity does not exist in a vacuum Organizations that accept and manage cross-cultural aspects of business are more likely to succeed Opportunity is colored by the unique combination of culture, beliefs, values, behavior and approach of the other party As it relates to its business As it relates to how that business is negotiated Accepting and aiming to understand the other party’s differences is key to effective negotiation Universal Indicators of Influence Reciprocity – You, then me, then you, then me…
• Be the first to give (information, concession) during negotiation Liking – Making friends to influence people Consensus – People follow the lead of similar or like-minded people Consistency - People fulfill written, public, voluntary commitments Authority – People defer to experts who provide shortcuts to decisions Scarcity – People value what is scarce
Reference: Influence: Science & Practice, Robert Cialdini, Pearson Education, 2009
Observable behavior
¡
Can learn overall tendencies, but likely to
identify do’s and don’ts
¡
May lead to superficial understanding
Shared values
¡
Requires inferences from observed
behavior and learning about a culture
¡
More powerful, because values drive
(
partially) behavior
Shared assumptions
¡
Highly abstract – drive values, but are
hard to determine
¡
Very powerful; enable true understanding
of a culture
Visualizing Cultural Understanding
Awareness of Cultural Differences Applies equally to sectors, companies, countries, and within teams Language, values, expectations, philosophies Cultural understanding and fit is relevant to the nature of the deal being negotiated e.g. Arms length license vs. merger
Impact of Culture on Negotiation
Contract-related Goal Contract Relationship Agreement Building Bottom Up Top Down Agreement Form Specific General
Team-related
Team Organization One Leader Consensus Communications Direct Indirect Time Sensitivity High Low
Individual-related
Attitudes Win/Lose Win/Win Risk Taking High Low Emotionalism High Low
Communication
Patterns, verbal and nonverbal
Example of Communication Patterns
Behavior
Japanese
American
Brazilian
Verbal
Interruptions/
10m
12.6
10.3
28.6
Silent periods >10s/30m
5.5
3.5
0
Eye contact /10m
1.3
3.3
5.3
Touches/30m
0
0
4.7 Non-verbal Communication Be conscious of your own body language during negotiations Basic observations Leaning away or arms crossed – unconvinced, not interested Hands steepled – confidence Hands together with thumbs up – positive thoughts Crossed legs with jiggling feet – impatience, discomfort Fiddling with objects – doubt, insecurity Remember that your emotions show on your face Be aware that some body language may simply reflect a lack of understanding
Do As the Romans Do? Good advice when negotiating across cultural differences
BUT… Not all negotiators adapt effectively Other party may be adapting at the same time! Negotiation style may vary for internal and external communications
SO… Acknowledge cultural differences, agree to work through them Moderate adaptation can be effective “Brokers” to manage major cultural / language barriers
Top Nine for Negotiating Across Cultures Prepare, prepare, prepare
Don‘t be derailed by problems arising from things you should have known Avoid jargon, idioms and slang A picture is worth a thousand words Support your case with instructive visuals Patience, patience, patience
Especially where cultures do not see time as money Retain cultural neutrality
Do not judge Think long-term
Written agreement may be seen as just the start of the relationship Know thyself
Recognise where your own preferences may lead to cultural stereotypes / prejudice Thou shalt not…..
Comment on the other party’s approach to and ethics of doing business, way of life, laws, religion, race, etc. Be prepared to say No
Remember:
It all depends on you Further reading Hendon, D. W., R. A. Hendon, and P. A. Herbig (1999). Cross-Cultural Business Negotiations. Praeger, Westport, CT. Fisher, R., and W. Ury with B. Patton (1991). Getting to Yes (Second Edition). Penguin Books, New York. Ury, W. (1993). Getting Past No: Negotiating Your Way From
Confrontation to Cooperation (Revised Edition). Bantam Books, New York. Fortgang, R. S., D. A. Lax, and J. K. Sibenius (2003). Negotiating the Spirit of the Deal. Harvard Business Review 81, 66-75. Gerdes, S. (2003). Navigating the Partnership Maze: Creating Alliances that Work. McGraw-Hill, New York. Shell, G. Richard (2004). Bargaining for Advantage, 2nd Edition. Dawson, Roger (2000). Secrets of Power Negotiating. Data Rooms
n Online datarooms Merrill Intralinks Brainloop Bowne Project Fusion Pandesa RR Doelley Box.com
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نویسنده: پندار حسینیپور