Tag Archives: Avoid

How Do You Prepare and Engage in an Effective Negotiation? Five Points

Situation: The CEO of a company is engaged in an important negotiation. There is a debate within the management team regarding the best way to prepare and engage in this negotiation. How do you prepare and engage in an effective negotiation?

Advice from the CEOs:

  • In any situation where a decision between two parties is to be decided preparation is critical.
    • Start with the basics. What is the bottom line that the company wants or needs to achieve?
    • Once the bottom line is identified, determine the strategy and what will be required to achieve this.
  • The most important question is why an agreement is being sought. What is the objective and what does a win or a win-win look like? How are they different if they are?
  • When meeting with the other party, listen with understanding.
    • Start by establishing norms to govern the discussions. These may include: one person speaking at a time, being up-front about objectives and positions, and the length of the discussion.
    • Avoid the distraction of thinking about the next move – know the possible moves in advance as well as the conditions and consequences associated with them.
    • Be prepared to tell the story of where the company wants to go any why the goal is important for both parties.
  • Good decisions between parties are based on trust.
    • Be trusting until given a reason not to be.
    • Point out items or statements that challenge trust and ask for clarification.
  • A Peer-to-Peer approach is the best alternative.
    • Look for equal give and take. Keep the conversation and negotiation balanced.
    • Don’t start with your real bottom line. Ideally, work with the other party in give and take until it is achieved.
    • Be willing to walk away if the discussion won’t fulfill the company’s needs; but if this is necessary, do it courteously. Leave the door open for possible future opportunities.

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How Do You Create a Chinese Wall Around a Product? Three Points

Situation: A company has a technology that was developed by but not of interest to a major corporation. The company continues to have significant business ties with the corporation, but the corporation wants to be assured that they are never connected to the technology in question. How do you create a Chinese wall around a product?

Advice from the CEOs:

  • The challenge facing the company is this: representatives of the large corporation don’t and can’t sell the services offered by the company, however exclusive clients of the corporation represent 25% of the available market for the services provided by the company. To date the large corporation has been unwilling either to reward the company for selling to these clients or to assist them in the sales process.
    • A solution: show the large corporation that the company provides a higher value or potential value to them than they receive on their existing products.
    • Show them the potential financial value to them of a symbiotic relationship.
  • Does the company develop the capabilities and value of the technology on their own, or do they partner with client companies in the market?
    • Many the potential clients in the market appreciate the technology and want to work with the company in some form so a partnership is possible.
    • The issue is that an open partnership might offend the large corporation who may then perceive the company as taking advantage of their clients.
  • How does the company establish a Chinese wall so that neither the large corporation nor the clients who purchase the company’s product are concerned about any activity that the company undertakes in the market?
    • Set up a separate entity and license the technology to this entity. The company would be an investor and would do some of the work but through a client/service relationship with the separate entity.
    • Get independent M&A advice on how to structure this entity.
    • Investigate other companies that have set up similar structures. Determine how they have addressed concerns such as conflict of interest, and what structures they have set up to avoid this.

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