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STRATEGIC NEGOTIATION TOOLS AND TACTICS
Presented by Jean H. Gagnonjhgagnon@fmc‐law.com+1 514 878 5888
March 16, 2012
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1. A few key principles of strategic negotiation:
1.1 Accurately identify the best alternative to the negotiated agreement (the “BATNA”).
1.2 Do not dwell on the views expressed, but do try to identify the interestshiding behind them.
1.3 Explore options that will make it possible to satisfy the real interests of each party (avoid remaining trapped in linear negotiation).
1.4 Distinguish between these two phases: searching for options and making decisions.
1.5 Search for the best option among many (and don’t stop at the first acceptable proposal).
1.6 The agreement is not always the best option.
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2. A few really beneficial tactics and strategies:
2.1 Be well prepared2.2 Choose the most appropriate moment to negotiate (the right
timing)2.3 Make sure you are communicating with the right person and
verify his or her level of authority before negotiation begins2.4 The risks of BATNA
2.4.1 The “anchor” effect2.5 Create optimistic expectations2.6 Ask for more than your expectations2.7 Prepare an agenda2.8 Insert a few decoys2.9 To make, or not to make, the first offer… That is the question
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2.10 Listen attentively
2.10.1 Listen before you speak
2.10.2 Listen carefully (and through to the end)
2.11 Ask questions rather than argue
2.12 Adapt your communications to the other negotiator’s personality type
2.13 Use silence to your advantage
2.14 Plan your concessions
2.15 Regularly review your ultimate objectives and evaluate the evolution of the negotiation toward these
2.16 Choose the appropriate mode of of communication
2.17 Present multiple options
2.18 Establish realistic deadlines
2.19 Tip the “scale” in your favour
2.20 Take a lot of notes, share them, and try to obtain instructions to draft the agreement.
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3. Where to negotiate?
3.1 In our own environment
3.2 In the other party’s environment
3.3 Elsewhere
Note: The impact of the table shape and seating plan
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4. Team negotiation:
4.1 Team size
4.2 Team composition
4.3 A single team leader
4.4 Role distribution
4.5 Team preparation
4.6 Caucuses and the signal to call for a caucus
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5. A few tactics and strategies that are less desirable and quite risky:
5.1 Good cop/Bad cop
5.2 Splitting the difference
5.3 The salami
5.4 Pulling out
5.5 Backing off
5.6 The ultimatum
5.7 Making it look easy
5.8 Last minute demands
The preceding presentation contains examples of the kinds of issues companies dealing with strategic negotiation could face. If you are faced with one of these issues, please retain professional assistance as each situation is unique.
Thank you!
Jean H. Gagnonjhgagnon@fmc‐law.com
+1 514 878 5888 LinkedIn