CONTENTS
Executive summary
Part 1: Identifying the general issues and techniques
Chapter 1: Introduction
Negotiation styles
Negotiation outcomes
Chapter 2: Principles of negotiation
Power
Nierenberg’s Needs Theory
Knowing what you are trying to achieve
Negotiating with government agencies and similar bodies
Knowing the value of the item being negotiated
Undercutting and being undercut
Active listening
Balancing business risk and sharing risk
Chapter 3: Phases of negotiation
Preparation
Meeting
Best alternative to a negotiated agreement (BATNA)
Proposal
Agreement
Action
Chapter 4: General tips and techniques
Body language
Blink test
Practical ethical issues
Dealing with common problems that arise in negotiation and preventing surprises
or ambushes
Getting inside the other person’s thinking
Language
Don’t be afraid of silence
Allow the other party to make the opening offer
Making the other party feel special can be worth more than money
Be imaginative – extras, not just price
Cultural diversity – different approaches
Doing business with friends
Avoiding overcomplicating the issues
Knowing what something is worth or what it will cost to do the work
Knowing how firm to be
Knowing when to negotiate
Being prepared to walk away
Everyone needs to go away happy
Chapter 5: Specific situations
Fees
Schedules, deadlines and budgets
General contract
Chapter 6: Risk of getting it wrong
Conclusion
References
Part 2: Expert opinions and case studies
Chapter 7: Expert opinion – Identifying your preferred style of negotiation
(by Peter Kilmister, partner, The Peak Partnership)
How many core styles of negotiation are there?
How do you identify your style?
Are there styles that clash on meeting?
When is it right to vary your style?
Are there particular phases of the negotiation with which different styles have difficulty?
Are some styles more naturally effective? Does it work to try to mimic them
Chapter 8: Expert opinion – Using Emotional Intelligence in negotiations
(by Geoff Coughlin, director, Emphasis on Skills Ltd)
The origins of Emotional Intelligence
Interactions in negotiations – the key to our success
Ten key presuppositions that underpin emotionally intelligent behaviour during negotiations
Our success as a negotiator depends on
Lawyer survey
Summary of benefits of adopting Emotional Intelligence strategies in our negotiations
Interesting websites
Chapter 9: Expert opinion – Negotiating credit and outstanding debt
(by Richard Gwynne, director of Debt Recovery Unit, Shoosmiths)
Negotiating credit terms
Negotiating the payment of a debt
How can credit be restricted without causing offence?
Chapter 10: Case study – Negotiating packages to attract the right staff
(by John Banister, chief operating officer, Wiggin LLP)
Introduction
How do Wiggin establish an appropriate opening offer in a recruitment?
What approach do Wiggin take when an individual they want to recruit tries to negotiate a
higher initial offer?
How do Wiggin negotiate to attract new partners to the business?
How do Wiggin negotiate the best deals with recruitment agencies?
What approach can smaller firms take to counter the draw of larger firms?
How important is it to successfully negotiating recruitments to be flexible on the benefits that can
be offered?
Conclusion
Chapter 11: Case study – Negotiating packages to retain good staff
(by David Hertzell, managing partner, Davies Arnold Cooper)
Introduction
How do you negotiate to retain staff who have been approached with an offer from another
firm?
How do you approach a negotiation with someone to whom you are unable to offer an equity
partnership?
What should you not concede in negotiating to retain good staff and when is it right to walk
away?
Conclusion
Chapter 12: Expert opinion – Business development negotiating
(by Tim Percival, business development director in the legal sector)
Securing budgets for marketing and business development activity in a law firm and gaining buying
for business development initiatives
The nature of the business development initiatives
Negotiating major contracts
Negotiating input from others to participate in projects
Chapter 13: Expert opinion – Negotiation of price
(by Roger Woolley, partner, Lester Aldridge)
What are the essential considerations when negotiating the price of work?
What process should you follow when negotiating pricing with a client or potential client?
What factors other than price would you seek to bring into the negotiation?
Should the approach differ as between an existing and a potential client?
When is it most effective to introduce the idea of alternative pricing methods other than the
billable hour?
When should you not negotiate the price?
Chapter 14: Expert opinion – Negotiating a supplier contract
(by Mark Woodward, managing director, Visualfiles)
From the perspective of a supplier to law firms, what are you trying to achieve when you
enter a negotiation?
What are the key qualities that both parties need in order to have a successful negotiation?
What approach do you take if you are faced with ‘strong-arm’ tactics by the other party?
What is your approach to risk within a contract?
What do you perceive to be the biggest problem in the approach of lawyers negotiating
a contract?
In what circumstances would you choose to walk away from a contract negotiation?
How does a negotiation with a law firm differ from a negotiation with other businesses?
Index
|
