How to Win Arguments (On Substance OR Procedure)
Most negotiators understand the basic premise that a contract is a decision that you've agreed to, usually in written form. But what happens when a question comes up? Two parties often want that question answered differently. You both refer to the agreement that you made. You know you’re bound by that agreement. The question, then, is how you interpret those words and understand what you agreed on. In episode #311... Read more
Learn From Your Failures to Improve Your Negotiations
Sometimes when you attempt to take a collaborative approach to negotiation, the deal falls through. Failure is painful. You’re admitting that you screwed something up somewhere. Failure is critical to learning, but no one wants to talk about it. Simon Rycraft believes that ego is the #1 reason no one wants to talk about failure. People don’t want to openly share and acknowledge their weaknesses. But doing so can build... Read more
How Gender Biases and Cultural Norms Impact Negotiations
Suzanne is a Professor of Management & Conflict Resolution at George Mason University. She’s also taught at IMD in Switzerland and Seattle University. She’s had the opportunity to teach on six continents. And throughout her years as a consultant, professor, and advisor, she’s witnessed how gender biases and cultural biases impact one’s ability to negotiate. It’s time to question what unconscious biases are impacting your negotiations. How gender biases change... Read more
Why Amber Heard’s Team Failed Her
The verdict is in, and Johnny Depp has been declared the victor in the defamation lawsuit against Amber Heard. While it’s no surprise to anyone, and many agree with the verdict, Amber’s team could have done better. When you go to court, you, your witnesses, your experts, and your lawyers are on trial. Amber’s team seemed to have forgotten this simple fact. In episode #295 of Negotiations Ninja, Susan Ibitz... Read more
How Procurement Can Defend Their Interests in a Market that Favors Suppliers
The one thing that is never disputed is that procurement teams are lean, overburdened, understaffed, and asked to do the work of 2–3 people. Even if you do want to manage spend, you don’t have the time—or team—to do it. FInd out how procurement can defend their interests. Suppliers are taking advantage of procurement whenever possible Suppliers have learned that when the typical contract length is 3–5 years, they can... Read more
How Procurement Professionals Should Approach Intellectual Property Negotiations
Extreme boilerplate language in intellectual property clauses such as “Anything you enter the relationship with and create during the relationship is ours” can be concerning. It can raise red flags. And it makes intellectual property negotiations complicated. Legal teams do this to anchor the counterparty for easier negotiations. Understandably, they want to maintain and control the intellectual property coming into and being developed during the engagement. But there are likely things... Read more
Buying and Selling a Business: Common Structures to Know
Many entrepreneurs may not have thought of ways to make a deal more beneficial. Or they don’t know the best way to structure a sale. That’s where a coach or advisor like Joe Valley comes into play. Joe points out that cash is a type of offer but there’s also cash plus a hold deck, cash plus a stability payment, cash plus a seller note, cash plus an earnout, cash... Read more
Trust in Negotiation is NOT a Necessity
Everyone has heard some version of the phrase, “We only do business with people we know and trust.” Many negotiators believe that trust is the thread that holds negotiations together. Allan Tsang and Dan Oblinger believe that is a lie. Trust is a luxury. Is it trust—or rapport? Trust is fragile. No one trusts anyone when they just meet them. You may have a gut feeling. You may like or dislike... Read more
Assessing Liquidated Damages in the SaaS Space
In a recent episode of Negotiations Ninja, Jeanette Nyden returned to talk about liquidated damages. She also addresses what liquidated damage(s) clauses look like in the SaaS space. So what are liquidated damages? Liquidated damages are not a penalty; It is money that a customer receives from a supplier for a value not received. You need to conduct a cost-analysis In Jeannette’s book, “The Contract Professional’s Playbook,” she talks about activity-based... Read more
The Power of Open Ended Questions
Anyone who’s been involved in negotiations or sales knows the power of a well-phrased question. But a simple focus on asking more questions won’t improve your results unless you work to ask the right kind of questions. You’ve likely heard of “open” and “closed” questions. But do you understand what those labels mean on a deeper, practical level? Keep reading if you want to put the power of open ended... Read more