Negotiating Your Way To A Better Deal

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:

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 3^rd side.  The 3^rd 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

http://www.youtube.com/watch?v=rCmvMDrCWjs

Principles of Negotiation Webinar

http://www.youtube.com/watch?v=zgkahscrvf8

TED talk – William Ury: The Walk From “no” to “yes”

http://www.youtube.com/watch?v=Hc6yi_FtoNo

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.