Amechi Akpom, Contract and Grant AdministratorSara Judd, Director

University of Southern California

The Art of Negotiation:

Training the non-negotiator to negotiate

Why bother?

What’s in it for me/them/the institution? Mitigates risk exposure for University through better

language in your agreements It’s a wise investment

Builds capacity in your office

Builds a valuable resource infrastructure

Payoff = Significant reduction in negotiation times & staff effort

Examples: Master agreements and templates Streamlines negotiations

Getting to Yes…Getting to Yes…

How Do We Get There?How Do We Get There?

How do we teach others to get there?How do we teach others to get there?

Knowledge Of the project Of the appropriate laws, regulations, policies Of what we can and cannot do

Attitude Open mind Tact Patience Sense of humor

Skills/tools Identify and anticipate issues Prepare and implement a solid game plan Communicate well

Articulate your position persuasively Build rapport/teambuild Problem-solve

What do you need to know/have to do this “negotiation” thing, anyway?

What is your role as the trainer/mentor?

Teach the fundamental concepts The “why’s” Why teach the why’s?

Teach that it’s actually “okay” to negotiate with anyone…

Teach how to analyze

Teach where to go for what

Teach preparation Approach, strategery and teambuilding

Strategery

Regs

What is your role as the trainer/mentor? (cont’d)

Provide tools/resources

Teach how to use tools/resources

BE a resource Advise, provide feedback

Teach what works

Be supportive and encouraging

Create an environment that engenders “fearless” negotiators

Reinforce concepts and implementation

Celebrate successes

Referrals

Strategery

Regs

Issues to understand

Negotiating can be scary

Not everyone likes to negotiate

Not everyone thinks that they can negotiate well They think that the “strategery” only works for you

A lack of knowledge increases stress, procrastination and length of negotiation time

Negotiation involves a personal style, and everyone needs to develop their own

Learning to negotiate well takes time

Show and tell is not just for grade school Adult learning requires engagement and incorporation of

different learning tools and circumstances

Teaching the right perspective

Negotiation IS NOT: Mutual sacrifice in order to secure an agreement Giving in Trying to win an argument Gamesmanship

Negotiation IS: Problem solving Finding a formula that will maximize the goals of

both parties Teambuilding

The training plan

The Goal: Foster independent negotiators

The 5 stages: Tigers: Provide foundational information Wolves: Review everything together Bears: Mentor takes the lead on negotiations, Bears sit in Webelos: Webelos take the lead on negotiations, mentors sit in Eagle Scouts: Independent negotiators only needing assistance with very

complex issues

*transition time between stages depends on the person - everyone’s different

The training plan – where to start?

“Basic Training” Start with the foundational concepts re: big issues, i.e., who we

are and why we care about IP, Publication, confidentiality, etc. Utilize formal and informal training opportunities

Incorporate real language and examples into teaching scenarios

Take every opportunity to confirm understanding

Provide ideal, specific rationale language

Show and tell isn’t just for elementary school anymore The value of seeing/hearing a real life negotiation

Negotiation “before” and “after” discussions

Rinse and repeat

What tools do you need to maximize training?

Training plan that outlines expectations

Formal and informal training opportunities

Resources Laws, regulations, policies, procedures

Language and rationale library

Contract checklist

Agreements Template, master, previous

The “let’s call them right now” attitude

*Oh no! I don’t have all of this information completed yet!

Strategery

Regs

Agreement Review: The ApproachAgreement Review: The ApproachRReview the agreement and understand the projecteview the agreement and understand the project

Do your homeworkDo your homework What are the critical questions to askWhat are the critical questions to ask

IIsolate the issuessolate the issuesCCompare with standard language and principlesompare with standard language and principles

Have we negotiated with the sponsor before?Have we negotiated with the sponsor before?Check:Check:

Institutional data sourcesInstitutional data sources Other Administrators, campus, mgmntOther Administrators, campus, mgmnt Other educational institutionsOther educational institutions

Other resourcesOther resourcesStandards for clauses (your training materials and the rationale library)Standards for clauses (your training materials and the rationale library)Institutional standard research agreementInstitutional standard research agreementPrevious agreements that you have negotiated with good languagePrevious agreements that you have negotiated with good language

Develop analysis and Develop analysis and RRationaleationaleOffer to draft Offer to draft llanguage/propose alternate languageanguage/propose alternate language

Redline the documentRedline the document Draft rationaleDraft rationale

NNegotiateegotiateDDocument the fileocument the fileRemember “Every Good Boy Does Fine”….Remember “Every Good Boy Does Fine”….RICRLNDRICRLND

Agreement review…breakin’ it down

A 5 step process: Step 1: Review and scribble

Encourage them to take a stab at it….even if they don’t know Step 2: Discuss

Provide the why’s and why not’s (rationale) Step 3: Redline & rationale

Review prior to sending Step 4: Review response from other party

Discuss strategery Step 5: Sit in on phone negotiations Step 6: Role play

Provide specific feedback on the “how’s” of presenting Step 7: Transition to lead negotiations

No, it’s not a typo…

Teaching STRATEGERY…

Teaching Strategery (cont’d)Teach how to determine the best mode of communication

Email or telephonePros & cons of each

Criteria to consider

Teach how to develop a rapport/teambuild and why it’s important

Teach how to set up a “yes”

Teach how to overcome objections

Role play

Teaching Strategery (cont’d)Teach how to drive without actually being at the wheel

Need to know your destination to frame conversation Explain the why’s persuasively Help me understand… The good news is…

Teach the effectiveness of utilizing extreme examples Real life is always better than fiction

Teach the value of positive It’s all how you say it

Live observations Teach how to think on your feet Hear it over and over Teach segues

Teaching Strategery (cont’d)

Teach how to get unstuck

Teach to ask for help

Ready, Set, Go…Ready, Set, Go…

Questions???Questions???

Answers???Answers???

Jokes???Jokes???