As an artist or artist
manager, you will find yourself across the table from various representatives
of the music industry. How do you
protect your interests and/or the interests of your clients? In the absence of taking a college course or a
workshop specific to negotiation skills, you can educate yourself by various
means such as books, podcasts and related videos on sites such as YouTube. In this article, I will provide guidance I
have learned from reading the book Getting
To Yes: Negotiating Agreement Without Giving In by Roger Fisher, William
Ury and Bruce Patton. These gentlemen
are members of the Harvard
Negotiation Project, which is part of the Program
on Negotiation (PON) at Harvard Law School.
They have extensive knowledge in the area of negotiation and have
written other books on the topic, which are referenced at the end of this
article.
In terms of the
book, Getting To Yes, the first
sentence of the Introduction section says it all, “Like it or not, you are a
negotiator”. We employ negotiating
skills in a multitude of situations, such as buying a car, accepting a job
offer, and even making family decisions on where to vacation. The authors provide some great techniques to
ensure a successful negotiation, and it’s not the hard-nosed tactics you may
have employed in the past. For instance,
the four points of their principled negotiation method are:
1.
People: Separate the people from the problem.
2.
Interests: Focus on interests, not positions.
3.
Options: Invent multiple options looking for
mutual gains before deciding what to do.
4.
Criteria: Insist that the result be based on
some objective standard.
Using these techniques can create
better, more engaging relationships with the other party, which can in turn
forge the path for more constructive business dealings.
Principled
negotiation had been adopted in various forms in practice and teachings. For instance, Dr. Thomas N. Deuning discusses
these concepts as a way to conduct “interest-based negotiations”. His webinar, Principles of Negotiation, shows
how conventional negotiation methods are ineffective. This includes a win-lose attitude, asserting
positions and personal preferences, being stubborn, threats, and bluffs. Furthermore, he re-introduces the concept of
having a BATNA (Best Alternative To a Negotiated Agreement). Duening goes a step further and provides four
steps to acceptable negotiation outcomes: 1) obtain substantial results, 2)
influence the balance of power, 3) promote a constructive climate, and 4)
obtain procedural flexibility. This
information was extremely valuable in creating my negotiation process going
forward.
Another resource
that I found to be very informative was a video posted of a class conducted by
Joel Peterson at Stanford University’s School of Business entitled “Conducting Effective
Negotiations”. He notes that the
course was formerly titled “How to Negotiate When You Absolutely Have To Have
The Deal”. He commented that he would
hope that no one would allow himself or herself to be placed in such a
position! In terms of business
negotiations, Peterson states that the main deliverables are typically price, terms,
timeframes, warranties and remedies. I very
much appreciated his take on the use of “dirty tricks” in negotiations. In the video, he and the class members have
an enlightening discussion about the various things they have witnessed, such
as, being locked in the negotiating room, abusive language, shouting, lack of
breaks and stalling to extend the meeting time.
His advice to the class was to “call them out” on the behavior, plan for
contingencies, make the behavior ineffective or to simply ignore it. He refers to a quote that states, “don’t
wrestle with pigs, you get dirty and they enjoy it”! Another great learning was
to treat the negotiation as “just a conversation”. This makes it a less intimidating activity.
Getting to Yes was originally published
in 1983. Since then, there have been
other advances in negotiation techniques.
But the initial concepts have endured over time. William Ury has been a consultant for the
White House and has been involved as a mediator and negotiator for various
global issues. Recently, he has been
involved in the Abraham’s Path Project,
which addresses the Middle East conflict by encouraging people to travel the
path of Abraham to recognize mutual benefit.
In his TED presentation, The Walk from “no” to “yes”,
he talks about ways to resolve conflict and have better negotiations. I was very impressed with the story he tells
related to his interaction with a tribe in South Africa. There are 3 tools utilized to minimize the
outbreak of tribal war; 1) hide the weapons, 2) cooling off periods, and 3) the
3rd side. The 3rd
side is a concept of community, family, friends, etc. that helps you be more
reflective and put things into perspective.
This in turn, reminds you of what’s important, and refocuses your
efforts toward mutual gain. He notes an
African proverb that says, “When spider webs unite, they can halt even the
lion”.
I would encourage
you to access the resources noted in this blog posting to improve your ability
to negotiate for yourself and/or your clients.
Being well informed and prepared are your best weapons to ensure that no
one takes advantage of you during those discussions. Keep in mind; these techniques can be
employed within all types of negotiations, including personal relationships
with spouses, siblings, parents and children.
Learning more about appropriate ways to negotiate will allow you to be
more objective and seek mutual gain.
References
Fisher,
R., Ury, W., & Patton, B. (2011). Getting to yes: Negotiating
agreement without giving in.
New York: Penguin.
Conducting Effective Negotiations
Principles of Negotiation Webinar
TED talk – William Ury: The Walk From “no” to “yes”
Additional Resources
Fisher, R., & Shapiro, R.
(2006). Beyond reason: Using emotions as
you negotiate. New York:Penguin.
Ury,W.(2007). The power of a positive no: Save the deal, save the relationship, and
still say no. New York: Bantam Dell
Stone, D., Patton, B., Heen, S. (20xx).
Difficult conversations: How to discuss
what matters most. New York:
Penguin.
