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The art of negotiating profitable terms


Let’s face it, it’s an awkward situation for a seller – the winning post is in sight and you’ve expended an awful lot of time and energy in getting to this stage, but this is where it can all go horribly wrong. If your contact is a much better negotiator than you it’s even possible that you could lose money on the assignment. It’s vital then that you keep in mind the whole premise of the sales process …

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We and our clients share identical, mutual self-interests – we both want the same thing – a solution that truly meets their needs.

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If you find yourself ‘boxed into a corner’ you may end up with terms that mean that you can’t meet their needs whilst making the margin you require. As a result, dissatisfaction (on both sides) is just around the corner.

So, how can you help your contacts see that what you are proposing is truly in their best interests? Approaching any negotiation situation with this mindset immediately flags up your intention to obtain a ‘win-win’ result, so that you can indeed, give them what they want and need. Let’s have a look at this negotiation stuff and start with a working definition:

‘Negotiating’ is when you and your contact discuss terms and come to an agreement that is acceptable to both of you.

If you don’t do it well, be prepared for:

* Low margins
* Reduced profitability
* Working too hard for little return
* Unwanted precedents with your clients, making future negotiations and pricing difficult
* Weak competitive profile

Clearly, it’s important to get it right! Let’s explore some of the moves the experts make:

Watch the ‘hidden’ messages

If you observe sellers and potential clients together during a sales discussion, you’ll see and hear, ‘messages’ being sent by both, all the time. Your contacts infer things and make assumptions about you and your commercial position from what you say. For example saying, ‘Our rates are fixed at £1,300 per day’ sends a completely different message than “Our rates are usually between £1,000 and £1,300”. As does “Oh yes, we can start straight away, we’ve got plenty of space in the diary”, versus, “Well, I’ll need to check, but it might be possible to start almost immediately”. Your contact doesn’t have to be an Einstein to work out what to do if they heard the former.

Avoid coming off at the ‘first corner’

The ‘amateur’ mistake isn’t failing to pick up important messages, or even sending the wrong ones, it’s to start making concessions while you are still selling! Remember, negotiating is when you and your contact discuss terms and reach an agreement acceptable to both of you. It’s about movement; and in negotiations movement is inevitably away from your ideal outcome. Your first mistake, then, is to start moving away (or sending messages that you’ll be moving) before you’ve finished selling. That is, before you have taken your contact as far as possible towards your ideal outcome by heightening their perception of what they want – and the value of what you are offering. To put it crudely, don’t try to win them over by conceding or simply ‘buying the business’.

Decide your strategy

An easy mistake you can make in negotiation is to give no real thought to what you are trying to achieve overall.

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It’s not enough to enter negotiations just ‘trying to get a good price’. You need to know the wider objective of your negotiation.

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Examples could be:

* To generate profitable business
* To develop long-term relationships
* To penetrate a new client or a new market
* To develop your own or your organisation’s expertise
* To gain an edge over your competition

Be absolutely clear about your underlying needs otherwise you won’t be able to plan what you say and how to behave.

Put yourself in your contact’s shoes

Having thought hard about your own objective, start thinking about what your contact wants. It lets you consider ‘where they are coming from’ and will help you assess strengths and weaknesses of their position, highlight areas of common ground, and identify where you can get movement.

Take stock

So, you’ve thought about the strength of your position; you know why you are there and what you want to achieve. Now you have to plan what to do to get there:

You need to know …

What is negotiable

The value to both sides of anything negotiated

What will be difficult and what easy to get agreement on

How you are going to use your preparation

How you are going to behave

What is negotiable?

You’ve probably heard the saying ‘Everything is negotiable’. Whether it’s true or not, don’t underestimate what can be negotiated. Don’t restrict yourself to the usual few items – price, payment terms, time and delivery. Think about structure of your work, the number of team members, contingent or success related fees and so on.

Add up your ‘currencies’

A currency is anything, tangible or intangible, you have that might be of value to your contact (and visa versa). Generating as long a list as possible helps because:

§ It will mean you have as much flexibility (areas in which to trade) as possible, and will give you most room to negotiate

§ You are unlikely to be taken by surprise by your contact introducing a currency. If you’ve not previously thought about a currency, how will you know the cost of you making a concession, or the value of an offer from your contact?

Value what you are holding

Having thought about what currencies you’ve got, now you need to identify how valuable each one is and, where you can, put a cash figure against it. For example, putting a figure on the cost of extra man-days, assessing the time-penalty of producing an extra report etc.

What will it cost to me to move?

Sounds like a question to an Estate Agent … and you need the same level of discipline when you assess the cost of any movement you may make (and the value of any offer your contact may make). But don’t only think in pounds and pence. It’s often helpful to think in terms of percentages too – a 1% fee reduction requested by your contact might not sound much but could actually be a very significant sum. Or, to think in terms of precedent, any movement on one particular currency like hourly rates, or price per unit may tie you to that position forever. Hmm …

Getting your act together

So far you’ve considered what you want to achieve, what’s negotiable and your overall approach to the negotiation. You’ve also thought about your currencies and their value, and you’ve put yourself in your contact’s shoes. All this is a lot of analysis and thought, and if you’ve got this far then you’re much better prepared than most people entering a negotiation.

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The more you find out about your contact’s position and needs, the more likely you are to discover tradable currencies which are high value to them and low cost to you.

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No, I insist, after you …

Now it’s crunch time: One of you has to make the first move. Should it be you?

There will be times when you should try to be first with your proposition. For example, if you think your contact has unrealistic expectations, or where you have little flexibility to move. In situations like this you’ll want to avoid the problem of having to move them from a position a long way from your ‘negotiable zone’.

There will be other times when you have just no feel for what is acceptable to your contact. In this case you’ll want to avoid making a proposal which leaves you so far apart that it’s difficult to have a sensible and constructive discussion. In such a situation it’s better for you to get your contact to make the first proposal.

Try this for starters …

It’s enough to keep you awake at night worrying about questions such as… if you have to open the discussion how high will you start? How hard will you be with your opening offer. You want to show some flexibility … but how much? What will be perceived as weakness, or arrogance?

The pro negotiators adopt these advanced manoeuvres:

§ Do open above your ‘hoped for’ but not at a point which will blow your credibility

§ Do send a message about the degree of flexibility you have. If you have some flexibility (the usual situation) you should state your opening position ‘conditionally’ on other issues. If you have very little flexibility, you may be more inclined to state an opening position more baldly, or to add a commentary to the effect that you have little room for movement

§ Do keep in mind that the agreement is about the whole package. Make any provisional agreements conditional on a suitable settlement being reached on all the currencies. Suggesting this, in itself, sends an important message about your approach to the negotiation

§ Don’t ‘settle’ all the ‘easy’ points first before raising the contentious ones. If you do that, you’ll reduce your room for manoeuvre as the negotiation progresses and you might end up in deadlock or have to concede more than you planned on the major points

Are you a lovely mover?

Negotiation is all about movement, so there are two things you will want to avoid – stalling and ‘reversing’ too far, too quickly from your ideal outcome. Here’s how to move elegantly around the discussions:

Pro negotiator’s tips to avoid ‘stalling:

Make your proposals conditional. A stark, ‘our terms are £1,500 per day’ is more likely to stop the negotiation, than a conditional statement like, ‘Assuming that we would be performing both the drawing up of the specification and selecting the supplier, we would charge £1,500 per day’.

Don’t over-react to ‘ridiculous’ offers. Your contact may propose something that’s simply not in the same ballpark as you. This may reflect poor planning or knowledge on their part or it could be a ‘there’s nothing to be lost’ try-on. Dealing with this in a calm and professional manner (asking for reasons, for example) leaves the door open to take the discussion further.

Don’t respond immediately with an offer of your own. If you do you’ll come across as not properly considering their proposal.

If you’ve avoided ‘stalling’ you’re on your way to a successful negotiation. Your destination is just around the corner, but watch out. If your contact is a good negotiator, they will know that now is the time when you are most likely to concede to their demands for a better price, more product, more service, more time, or more people etc. You need to avoid going backwards from your goal.

Pro negotiators’ tips to avoid reversing too far

Highlight the value of what you are offering. Make sure that your contact knows the full value of what you have to offer before you make a proposal. For some points – man days, frequency of meetings – ensure that your contact sees the costs and implications of not doing what you are proposing.

Don’t concede without getting something in return. Whilst it’s not always easy or possible to do this, or to get something equally valuable in return, it’s surprising how often you can achieve it - and how ‘generous’ your contact can be when you have made a concession.

Beware as deadlines approach. There is a well-researched tendency for concessions to increase as deadlines approach. Establish the real significance of a deadline – sometimes it can be artificially imposed to increase pressure on you to give ground.

Negotiating is all about getting a ‘win-win’ situation for yourself and your buyer. You both need to feel ‘ok’ about the outcome otherwise you will have trouble ahead. Remember throughout that at the very start of the sales journey you did a risk analysis on whether you should work with this client or not. You made a ‘green light’ decision that this was a client that would be good for you – but you also made an assumption that you would benefit from being associated with them.

The negotiation stage is a really good point to check your reasons for wanting this work. If it was to make a profit on the work then make sure that your negotiation reflects this. If it is for some other reason e.g. to enter a new market or gain market share then check that what you are agreeing will help you to achieve the result you are looking for. Act accordingly.

About the author

John Timperley is a senior business development professional with PricewaterhouseCoopers. John’s book, Connective Selling, published by Wiley, is available from Amazon.co.uk. He can be contacted on 07710 035890.

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