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Habilets de ngociation : Trucs et astuces pourmener des ngociations commerciales efficaces

Sminaire prsent par lACC Canada, Section du Qubecet Blake, Cassels & Graydon S.E.N.C.R.L./s.r.l.

Negotiation Skills: Tips and Tricks for ConductingEffective Commercial Negotiations

Presented by ACC Canada, Qubec Chapter and Blake, Cassels & Graydon LLP

Le mercredi 9 dcembre 2009Wednesday, December 9, 2009

Negotiation Skills: Conducting Effective

Commercial Negotiations

Presented by Dr. Sunny Handa

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Understand Your Goals

Long-term relationship vs. Short-term gain

Creating value vs. Claiming value

Cooperation vs. Competition

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Negotiation Strategies (theory)

COOPERATIVE Principled

Interest-based

AGGRESSIVE Competitive Positional

vs.

Not mutually exclusive strategies

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The Aggressive Strategy

Being perceived as rigid or unreasonable

Conflict escalation or deadlock

No mutual gains or long-term relationship building

Being perceived as assertive and confident

Direct and efficient communication

Short-term gain

CONSPROS

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The Aggressive Strategy (continued)

When is it useful? (examples)

Maintaining your absolute bottom-line

One-off contracts

Hostile take-over situations

Some litigation

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The Cooperative Strategy

Perceived as timid

Risk of losing control to more aggressive parties

Sacrifice profit to keep others satisfied

Perceived as constructive, team player

Conflict resolution

Mutual gains and long-term relationship building

CONSPROS

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The Cooperative Strategy (continued)

When is it useful? (examples)

Negotiations with unions and other employees

Negotiations with long-standing suppliers, service providers, distributors or other partners

Outsourcing arrangements

Negotiations with government bodies

Settlement of disputes to avoid litigation

Whenever the preservation of goodwill or reputation is important

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Some Practical Tips for Effective Negotiation

Listen and ask questions

Get the other party talking

Ask short, purposeful and broad questions

Gather information

Avoid the temptation to interrupt

Let the other party exhaust themselves

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Some Practical Tips for Effective Negotiation (continued)

Repeat and paraphrase Confirms that you have a complete and accurate

understanding of the other partys position Gives the speaker the opportunity to modify

his/her point (and you can lead them to do so)

Use silence to your advantage

Use of body language

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Some Practical Tips for Effective Negotiation (continued)

Know your personality type

If you are extroverted, make sure to listen to the other partys perspective

If you are introverted, make sure to communicate your point fully

Know your strengths and weaknesses

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The Starbucks Effect Feast or famine

Room positioning

Senior / Junior effect

Length of day

Use your adversaries timing constraints to your advantage

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Achieving the Optimal Outcome

Win/Win

(Positive-sum game)

Win/Lose

(Zero-sum game)

Lose/Lose

(Negative-sum game)

Not mutually exclusive On one point, the outcome can be a Win/Lose,

whereas another can be a Win/Win. You may have to sacrifice on one point, to win on

another.

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Final Thoughts

Your best position is when you are able to walk away

Always be polite and respectful

Never lose your composure

Never appear too happy with the result

QUESTIONS

Sunny HandaBlake, Cassels & Graydon LLP

(514) 982-4008sunny.handa@blakes.com

Tips for Conducting Effective Commercial Negotiations

Habilets de Ngociation: Trucs et Astuces Pour Mener des Ngociations

Commerciales Efficaces

Prsentation de / Presented by Jacques Par

NEGOTIATION - DFINITION

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WHY DO WE NEGOTIATE?

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TYPES OF BUSINESS NEGOTIATIONS

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SUCCESSFUL BUSINESS NEGOTIATIONS

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SUCCESSFUL BUSINESS NEGOTIATIONS

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SUCCESSFUL BUSINESS NEGOTIATIONS

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PSYCHOLOGICAL BLOCKS TO EFFECTIVE NEGOTIATING

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STYLES IN NEGOTIATIONS

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STYLES IN NEGOTIATIONS Competitive or Cooperative?

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STYLES IN NEGOTIATIONS COMPETITIVE OR COOPERATIVE?

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LES CINQ TAPES VITALES

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PLANNING AND PREPARATION

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PREPARATION ANALYSIS

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PREPARATION ANALYSIS

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PREPARATION ANALYSIS

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SWOT ANALYSIS

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The market situation analysis findings are summarized in terms of strengths, weaknesses, opportunities and threats--also known as SWOT.

External EnvironmentPolitical factorsEconomic factorsSocial factorsRegulatory factorsMarket factorsCompetitive factorsInternal Environment

Financial resources Staffing resources Facilities &Equipment

Environmental Scanning

Analysis

SWOTSummary

Strengths (+)

Weaknesses (-)

Opportunities (+)

Threats (-)

Relative advantages of the corporation. Must be exploited and built upon.

Relative weaknesses of the corporation. Must be corrected or compensated for in another way.

Situation in the marketplace (external to the corporation) that should be exploited

Situation in the marketplace (external to the corporation) that should be countered.

Threats

Opportunities

Weaknesses

Strenghts

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HOW TO ORGANIZE FOR BETTER NEGOTIATIONS

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PRIORITIZING OBJECTIVES (MIN)To establish these you need to consider:

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MEILLEURE ALTERNATIVE UNE ENTENTE NGOCIE (BATNA)

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PROCESS FOR DETERMINING YOUR BATNA

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THE NEGOTIATING PLAN

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NGOCIATIONS MONDIALES ET INTERNATIONALES

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NGOCIATIONS MONDIALES ET INTERNATIONALES

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