Negotiation Tips & Articles

22 01, 2011

West has answers to the wrong question on Iran

By |January 22nd, 2011|Blog|Comments Off on West has answers to the wrong question on Iran

As ever, you can only get a negotiated agreement if both sides to an agreement want to negotiate. There is no sign currently that Iran wants to negotiate. Therefore it is likely to be fairly futile for the West to concentrate on answers like structuring the process (eg by holding talks in Iran-friendly Turkey) or focusing on the content of a deal (eg by insisting that Iran should swap potential nuclear rods for technology).

This discussion will only get anywhere if Iran wants to negotiate. All efforts should therefore be focused on persuading Iran that it has more to gain from negotiations than it has to lose. However unpalatable it may sound, this means addressing some of Iran’s needs in the conversation.

Iran has a desire to belong to that senior club of nations that exercises nuclear power. It also has a need for respect – indeed the 2 needs are intertwined. The real issue for the West in the negotiation is therefore how to meet those needs without Iran actually developing nuclear weapons. Re-phrasing the question in that way may enable the West to make progress.

This is a response to the Wall Street Journal Article ‘West, Iran Take Hard Lines for Nuclear Talks’

22 01, 2011

Cornered Hunt reaching for the Sky

By |January 22nd, 2011|Blog|Comments Off on Cornered Hunt reaching for the Sky

What is the Government’s need in the negotiation with Newscorp over its acquisition of the remaining shares in BSkyB? Firstly, the Government is anxious it will lose respect in the eyes of the electorate if it is seen to be kow-towing to Mr. Murdoch. In negotiating terms this is a “respect need”.

Equally, it needs to be seen to be acting sympathetically to Mr. Murdoch so it can continue to have his support. In negotiation terms this is a “belonging need”.

The delay in the publication of Ofcom’s report may be attributable to the Government struggling to reconcile these 2 conflicting needs.

This may result in some fudge which makes it look as though the Government is acting strongly and independently whilst not really harming , Newscorp’s interests. A referral to the Competition Commission would fall into this category.

Alternatively, it may be that the Government simply has to choose between these two conflicting needs.

In the hierarchy of negotiating needs, a “belonging need” will always require fulfilling before a “respect need”, so if it has to choose, if the Government has to choose, it’s more likely that satisfying Mr. Murdoch will come first.

6 02, 2011

Mayfair Times Feature – The Negotiator

By |February 6th, 2011|Blog|Comments Off on Mayfair Times Feature – The Negotiator

Click on iPhone to see article

7 02, 2011

Feature in The Sun – How to Haggle Harder

By |February 7th, 2011|Blog|Comments Off on Feature in The Sun – How to Haggle Harder

Click on iPhone to access article

14 02, 2011

Jewish Chronicle Feature – How I got Simon Cowell to Give me a ‘yes’

By |February 14th, 2011|Blog|Comments Off on Jewish Chronicle Feature – How I got Simon Cowell to Give me a ‘yes’

Click on photo to access article

3 03, 2011

Press Release 4th March 2011

By |March 3rd, 2011|Blog|Comments Off on Press Release 4th March 2011

Secrets Of Negotiation To Be Shared With UK Start-Ups
Simon Cowell’s Lawyer Clive Rich To Share Professional Deal-Making Insights
London, 4th March, 2011 – Clive Rich, the leading UK media lawyer and driving force behind successful deals for Simon Cowell, Sony, MySpace and The Royal Opera House has today announced the launch of Secrets Of Negotiation, a new series of seminars aimed at sharing professional negotiating skills with UK start-ups, SMEs and entrepreneurs.

The new events, which start on the evening of March 16th in London, will provide attendees with the ability to recognise the key stages of a deal and the skills to move through them successfully. It will also deliver tips on how to take control of negotiations and share insider knowledge on how to influence the opposition in order to gain the winning edge and close deals successfully.

Clive Rich added; “Sound negotiating skills are critical for all sorts of situations relevant to SMEs, start-up companies and entrepreneurs, including funding agreements, licensing deals, distribution deals and exit plans. But for whatever reason, deal-making is something that is still generally done by instinct rather than learned skills or training. I have launched the Secrets Of Negotiation seminars in order to share the skills I have gained over years of negotiating with some of the world’s toughest opposition in media, entertainment and business.”

Event attendees will also be introduced to the ‘Close My Deal’ iPhone negotiating app which provides interactive tools and content to help start-ups, SMEs and entrepreneurs achieve the best possible deals in the course of real-life situations.

The ‘Secrets Of Negotiation” events are presented in partnership with entrepreneur and leading human behaviour coach James Stokes. The first session will be held on the evening of Wednesday, […]

13 04, 2011

Bertelsmann eyes Warner and EMI

By |April 13th, 2011|Blog|Comments Off on Bertelsmann eyes Warner and EMI

It’s not surprising to hear Bertelsmann rumbling about buying EMI Publishing and/or Warner Publishing. It must always have annoyed them that they had to let BMG Publishing go in the wake of the Sony BMG Records merger. Having re-constituted BMG Rights as a replacement publishing vehicle it has grown quickly, but the opportunity to add Warner Chappell and/or EMI would help accelerate growth exponentially.

The question is, how ambitious will they be in their bidding? Bertelsmann have traditionally been very conservative in their bidding. There was a slew of sales of independent record companies in the 90’s – Virgin, A and M, Island, MCA. Bertelsmann was always involved in these car auctions – kicking tyres, but never buying. Sales of publishing catalogues are never just about price, but tradition says Bertelsmann would need to work hard on the other benefits they bring in order to avoid being outbid by competitors again.

13 04, 2011

Libya – Is Negotiation the Answer?

By |April 13th, 2011|Blog|Comments Off on Libya – Is Negotiation the Answer?

Negotiation is the only answer ultimately, unless the Coalition not only wants to remove Gaddafi but also capture him and put him on trial. What the coalition forces need to decide is “what constitutes a win” in this negotiation. If it’s just getting Gaddafi to step down then a negotiated solution might achieve that. But, if you negotiate then you normally have to give something back in return. So if a negotiated deal is struck then it may be that part of the price is that Gaddafi and his henchmen escape justice and are given safe passage.

If the “win” is not only getting rid of Gaddafi but bringing him to account for his murderous regime, then even greater military action will be required. However, even if we send in an army as well as an air force there is no guarantee of a successful outcome, as our experience in Iraq shows. So, without negotiation the “win” will be much harder to achieve.

Response to original article (guardian.co.uk)

13 04, 2011

New Negotiating Priorities for Vodafone?

By |April 13th, 2011|Blog|Comments Off on New Negotiating Priorities for Vodafone?

Vodafone’s policy of selling off minority stakes shows how its negotiating priorities have changed. It used to be the case that mobile operators were simply interested in growing user numbers, so it made sense to be in as many territories as possible, even those where only minority stakes could be obtained.

Now attention has switched to revenues per user (ARPU) and retention of paying customers. These attributes are easier to influence when you have control over the company.

Vodafone’s challenge in implementing its new policy may just be that it has made such a public statement about what it intends to do, that its co-shareholders are going to see it coming and hang tough in negotiations. So, it is going to have to work hard to secure good prices for its minority stakes. One thing Vodafone may have to do is to make sure it is always has a “BATNA” (a best alternative to a negotiated agreement) – including hanging on to its stakes. That way it will not look desperate to strike a deal and can hold out for a better price.

Response to original article (guardian.co.uk)

13 04, 2011

US Budget Crisis – an example of “Positional” Negotiations?

By |April 13th, 2011|Blog|Comments Off on US Budget Crisis – an example of “Positional” Negotiations?

The real negotiation here may well have been about things other than the US budget deficit.

Politicians are often involved in “positional” negotiations where the intended target to be influenced is someone other the person across the table. There is another dynamic as well. All negotiators have a personal emotional agenda which has nothing to do with the organisational interests they represent. These personal needs might be to do with e.g. a need for respect or esteem or reassurance.

In the case of the budget deficit the positional requirements of the negotiators and the individual emotional needs of the negotiators involved will all have pointed to an imperative to get the deal done. Nobody involved would have benefited from a shutdown.

Response to Erik Sherman’s Article (bnet.com)