The Art of Negotiation
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Training the non-negotiator to negotiate
Amechi Akpom, Contract and Grant Administrator
Sara Judd, Director
University of Southern California
Why bother?
What’s in it for me/them/the institution?
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Mitigates risk exposure for University through better
language in your agreements
It’s a wise investment
Builds capacity in your office
Builds a valuable resource infrastructure
Payoff = Significant reduction in negotiation times & staff effort
Examples: Master agreements and templates
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Streamlines negotiations
Getting to Yes…
How Do We Get There?
How do we teach others to get there?
What do you need to know/have to do this
“negotiation” thing, anyway?
Knowledge
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Of the project
Of the appropriate laws, regulations, policies
Of what we can and cannot do
Attitude
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Open mind
Tact
Patience
Sense of humor
Skills/tools
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Identify and anticipate issues
Prepare and implement a solid game plan
Communicate well
Articulate your position persuasively
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Build rapport/teambuild
Problem-solve
What is your role as the trainer/mentor?
Teach the fundamental concepts
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The “why’s”
Why teach the why’s?
Teach that it’s actually “okay” to negotiate with
anyone…
Teach how to analyze
Teach where to go for what
Teach preparation
 Approach, strategery and teambuilding
What is your role as the trainer/mentor?
(cont’d)
Provide tools/resources
Teach how to use tools/resources
BE a resource
 Advise, provide feedback
Teach what works
Be supportive and encouraging
Create an environment that engenders
“fearless” negotiators
Reinforce concepts and implementation
Celebrate successes
Referrals
Issues to understand
Negotiating can be scary
Not everyone likes to negotiate
Not everyone thinks that they can negotiate well
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They think that the “strategery” only works for you
A lack of knowledge increases stress,
procrastination and length of negotiation time
Negotiation involves a personal style, and
everyone needs to develop their own
Learning to negotiate well takes time
Show and tell is not just for grade school
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Adult learning requires engagement and incorporation
of different learning tools and circumstances
Teaching the right perspective
Negotiation IS NOT:
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Mutual sacrifice in order to secure an agreement
Giving in
Trying to win an argument
Gamesmanship
Negotiation IS:
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Problem solving
Finding a formula that will maximize the goals of
both parties
Teambuilding
The training plan
The Goal:
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Foster independent negotiators
The 5 stages:
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Tigers: Provide foundational information
Wolves: Review everything together
Bears: Mentor takes the lead on negotiations, Bears sit in
Webelos: Webelos take the lead on negotiations, mentors sit in
Eagle Scouts: Independent negotiators only needing assistance with
very complex issues
*transition time between stages depends on the person - everyone’s
different
The training plan – where to start?
“Basic Training”
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Start with the foundational concepts re: big issues, i.e., who we
are and why we care about IP, Publication, confidentiality, etc.
Utilize formal and informal training opportunities
Incorporate real language and examples into teaching
scenarios
Take every opportunity to confirm understanding
Provide ideal, specific rationale language
Show and tell isn’t just for elementary school anymore
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The value of seeing/hearing a real life negotiation
Negotiation “before” and “after” discussions
Rinse and repeat
What tools do you need to maximize training?
Training plan that outlines expectations
Formal and informal training opportunities
Resources
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Laws, regulations, policies, procedures
Language and rationale library
Contract checklist
Agreements
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Template, master, previous
The “let’s call them right now” attitude
*Oh no! I don’t have all of this information completed yet!
Agreement Review: The Approach
Review the agreement and understand the project
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Do your homework
What are the critical questions to ask
Isolate the issues
Compare with standard language and principles
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Have we negotiated with the sponsor before?
Check:
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Institutional data sources
Other Administrators, campus, mgmnt
Other educational institutions
Other resources
Standards for clauses (your training materials and the rationale library)
Institutional standard research agreement
Previous agreements that you have negotiated with good language
Develop analysis and Rationale
Offer to draft language/propose alternate language
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Redline the document
Draft rationale
Negotiate
Document the file
Remember “Every Good Boy Does Fine”….RICRLND
Agreement review…breakin’ it down
A 5 step process:
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Step 1: Review and scribble
Encourage them to take a stab at it….even if they don’t know
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Step 2: Discuss
Provide the why’s and why not’s (rationale)
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Step 3: Redline & rationale
Review prior to sending
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Step 4: Review response from other party
Discuss strategery
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Step 5: Sit in on phone negotiations
Step 6: Role play
Provide specific feedback on the “how’s” of presenting
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Step 7: Transition to lead negotiations
Teaching STRATEGERY…
No, it’s not a typo…
Teaching Strategery (cont’d)
Teach how to determine the best mode of
communication
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Email or telephone
Pros & cons of each
Criteria to consider
Teach how to develop a rapport/teambuild and why it’s
important
Teach how to set up a “yes”
Teach how to overcome objections
Role play
Teaching Strategery (cont’d)
Teach how to drive without actually being at the wheel
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Need to know your destination to frame conversation
Explain the why’s persuasively
Help me understand…
The good news is…
Teach the effectiveness of utilizing extreme examples
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Real life is always better than fiction
Teach the value of positive
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It’s all how you say it
Live observations
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Teach how to think on your feet
Hear it over and over
Teach segues
Teaching Strategery (cont’d)
Teach how to get unstuck
Teach to ask for help
Ready, Set, Go…
Questions???
Answers???
Jokes???