Negotiation Skills Training: Preparing For And Dealing With Complicated Negotiations Using Best Practice Preparation

The critical negotiation skill required to unlock the most value from complex commercial negotiation situations is to identify and understand the interests of all the stakeholders impacted by or participating in the negotiation. In some cases, it is simple to understand both the positions & interests of parties in the negotiation. In most cases, however, it is not only difficult to identify the interests of stakeholders; it is also difficult to identify all the stakeholders.

How to negotiate in complex, multi-party negotiations?

1. Identify all the stakeholders in the complex negotiation

This may seem obvious but in practice, it is often difficult to identify and track all the stakeholders in a negotiation. In a commercial environment, we should at minimum try to identify the following stakeholders:

a. Financial stakeholders

These are the individuals or groups that will finance, support or give permission to conclude an agreement based on the monetary terms suggested. It is key to uncover all potential individuals that may have an interest in the financial aspects of the negotiation.

b. User/consumer stakeholders

These are the people or groups that will execute and support the outcome of the agreement that is reached. These are the people that will live and work with the output of the negotiations on a day to day basis.

c. Technical & legal stakeholders

These are the people or groups that will sign off and agree to the technical and contractual dimensions of the negotiations.

d. Guides/Gurus & other Influencers

These are the parties or groups that hold significant influence over the key decision makers involved in the negotiation.

2. Identify the interests of each participant in the negotiation

There are essentially two ways to identify an individual or group's interest in a business negotiation. The first way is to put yourself in that person or group's position and to try and see things from his/her/their perspective. What supporting information would you need? What precedents would apply? What assumptions can you make, and test? The 2nd way is to ask the individual or group a series of questions to assist you (and them) to accurately identify their key interests. The best question to ask is "Why?" "Why is this negotiation important to you? Why are you assuming this position? Why is this option being explored?"

3. Create a frame that is appropriate for each stakeholder

Having identified the interests of each stakeholder party, you should now shape the appropriate frame. Different people reach decisions for different reasons. It is not appropriate to highlight the same points to support decision making to all stakeholders. You should focus on communicating the most useful frame to each stakeholder or potential participant.

4. Create an effective management structure for the negotiation

If our counter parties experience us to be rational, the odds are greatly enhanced that they will also react to us in a rational fashion. We can only present a common and rational 'front' if we have considered the roles & responsibilities within our negotiation team. Split the responsibility in the team between those that will manage the Relationship aspects, and those that will manage or be involved in the Task related activities.

Negotiation skills training teaches us to create an agenda that addresses the interests of all potential stakeholders. A successful way to simplify complex commercial negotiations is to add structure. We need to focus on the process elements to ensure that we move forward at every level of the negotiation. You will discover that complexity can be managed with the use of an appropriate supporting structure.

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