February 12th Philippe Dauman, Viacmon’s president and CEO, issued the following statment:

As we go forward, we are continuing to focus more on software than hardware, looking to reduce the cost structure associated with Rock Band, being selective in the music titles that we choose for Rock Band based on their cost. The music industry will assist with this category to make sure that it can continue on a profitable basis in the future and then finally we think we have the best games in the category, we’ll continue to rollout exciting products.

An obvious signal to the Music Industry as he begins the negotiation by creating his position through the media.  It is even more effective when followed by a letter/email/phone call to each company with his offer.  Effective positioning helps to shift the frame of reference before the negotiation technically begins.  Philippe is preparing the industry to receive his demands. To truly shift their expectations you need to deliver an offer, effectively dropping an anchor.

The Music Industry would be wise to attempt to shift the focus back onto their position with a preemptive strike.  Instead of allowing Viacom to open the discussions with some ridiculous offer like 50%, they need to provide an anchor of their own to begin the discussions around their position.  By opening first the initial expectation is set.  This is definitely shaping up into a classic Hard Bargaining negotiation.  I’ll keep my eye on any developments.  What do you think?

Darvin Moon finished 2nd in the 2009 World Series of Poker, winning $5.18 million.  Although Darvin is an amateur, many times he demonstrated an uncanny ability to make the right call at the right time.  Sometimes he was just plain lucky.

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Why do people get caught lying? The average person lies 3x in a 10 minute conversation. That’s 1,616,220 lies in a lifetime.  True many of those lies are your garden variety little white lies, harmless exaggerations, omissions, etc. So why is it, with all that practice, we still get caught?

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Negotiating in China

In Kissinger’s book, Ending the Vietnam War : A History of America’s Involvement in and Extrication from the Vietnam War, he recounts the following observation. The American delegation made arrangements to occupy 3 floors in a prominent hotel in Paris. The Vietnamese delegation, on the other hand, bought a chateau. The message was clear. We are here for as long as it takes.

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In a nutshell this is the advice I gave my client in response to yesterday’s post.

Start by examining what you know about the circumstance. (more…)

Today I thought it would be interesting to take and dissect a real negotiation to see some of the concepts in action.  So here is the setup, I’ve obscured some of the facts to protect the guilty:

Parties Involved:

1.  Record Company – Very large entertainment company (more…)

A brief interruption in the “10 Tips” series to pose a question to everybody whose is reading this.  People feel compelled to lie during a negotiation.  There are many forms of lying including omissions, concealing vital facts, exaggerations, innocent little white lies, complete fabrications, or whatever.   (more…)

Salary negotiations are a bit of an enigma.  They have all of the elements of a Hard Bargaining situation:

  1. Limited variables
  2. Price is the main focal point (Salary)
  3. There are usually multiple applicants vying for the same position

Yet a salary negotiation also consists of elements of a High Dependency situation:

  1. Focus is on long-term gain and results
  2. Both parties are dependent upon each other
  3. Trust and relationship play a critical role in the negotiation

There is no ONE way to negotiate a salary; each situation will vary depending upon the circumstance surrounding the negotiation.  I’m going to first look at a situation where the applicant is a new hire from outside the company.   Step one is to determine how much leverage you have in the negotiation.  To assess your leverage you’ll need answers to the following questions:

  1. How many other qualified applicants are in the final stages
  2. What are your alternatives to this position
  3. What is your breakpoint
  4. What is their breakpoint (you’ll have to guess unless you are able to question effectively to unlock this information)

If there aren’t any other applicants and you have multiple options, you have quite a bit of leverage and can effectively set the bar very high.   (more…)

High Dependency negotiations are nothing more than a Collaborative Negotiation where the parties are mutually dependent upon each other.  The consequences of deadlock are often substantial.  Typical situations falling into this category are joint ventures, partnerships, union negotiations, strategic alliances, etc. (marriages if you count personal situations).  The difficulty with High Dependency situations is that information is transparent, the other side sees the P&L and knows how much each item costs.  Therefore discussions are often emotionally charged.  Even though it is emotion that generally creates potential impasses during the discussions.  It is paramount to manage the climate and take responsibility for how you say everything.  The danger is that emotionally heated discussions may cause the negotiation to devolve into a Hard Bargaining situation causing strikes, lockouts, dissolution, or legal action.  The words that you choose in delivering proposals and responding to proposals become more important than the meaning of the words.  You must eliminate all words that have a negative implication like “no, don’t, can’t or won’t”.  You must constantly think “under what circumstance could I accept that proposal” and even ask the other side that very question.

EXTERNAL CHARACTERISTICS: The balance of power is equal.  The deals are based on a mutual dependency.  All the characteristics of a Win Win negotiation are present with the added pressure that the parties cannot afford to deadlock.  Any alternative or substitute would be financially constrained.  Information is open to all parties.  Typical negotiations include Joint Ventures, Partnerships, Strategic Alliances, Labor Negotiations, etc.

BEHAVIORAL ELEMENTS: High Dependency requires a high level of trust as relationship plays a important role in shaping the business.  Satisfaction is received through understanding priorities, creating incremental value, and sharing value on primary issues.   (more…)

You can’t have a collaboration over price.  Price is always win-lose.  What you gain the other party loses (or pays) and vice versa.  There is no way to grow the proverbial pie when it comes to price.  Unfortunately as luck would have it, price also seems to always be a very important element in negotiation.  If you constantly equate all other trading variables back to price you will, whether you like it or not, create a distributive environment.  The key is to shift your focus to profit!  Instead of thinking in terms of cost or price think in terms of value.  The ability to incorporate intangibles into a deal is what separates a skilled negotiator from the average bazaar merchant (although hard bargaining also takes a certain type of skill).  The ability to link variables other than price to create incremental value is where all the value is in negotiation.

Having said that (stealing a line from “Curb Your Enthusiasm”), there is a time and place when a good old fashioned price negotiation is just what the situation calls for, so don’t be afraid to shift gears in either direction.  After all, negotiation is all about the circumstance and your ability to determine what is appropriate.

The Wheel of Negotiation

The Wheel of Negotiation is a visual representation demonstrating the relationship of the different negotiating styles across many different characteristics.    The right-hand side of the Wheel captures the distributive negotiations while the left-hand side illustrates the  integrative or collaborative types of negotiations.  The model is circular based on the relationship between High Dependency and Auctions.  High Dependency occurs when trust is high, dependency is high, relationship is high, deals are complex, information is open, and parties can’t afford to walk away without substantial loss (unions, JVs, strategic partners, problem solving, marriage etc.).  When High Dependency negotiations fail, the parties typically end up on the right side of the Wheel haggling over remaining elements.

Negotiations are not static and do not occur in only one sector of the Wheel, quite often as things change (especially behaviors and reactions) the style of the negotiation will move clockwise or counter-clockwise in response.  You will have a natural pendulum motion except at the very extremes as noted above.  For additional information on each style see the Negotiation Basics page.

Differentiating Characteristics

  1. Your Behaviors – your behavior is the most important determinant when it comes to the negotiation style.  See “Style is Everything(more…)

EXTERNAL CHARACTERISTICS: The balance of power is equal.  The deals are based on profit and are characterized by a long-term, strategic focus.  Incremental value is created by leveraging each others comparative cost and value advantages.  These deals are appropriate with your strategic partners.  There may be few alternatives or substitutes.  Typical negotiations include long-term strategic partner, key customers and suppliers, licensing agreements, etc.

BEHAVIORAL ELEMENTS: Win Win requires a high level of trust as relationship plays an important role in shaping the (more…)