Stuart R. Gallant, MD, PhD
Dr. Atul Gawande tells a story about negotiating his first job offer after completing his surgical training [1]. The chairman of the surgical department of Boston’s Brigham and Women’s Hospital offered Gawande a position, then the chairman asked him how much he wanted to be paid. Gawande stalled the question by asking how much surgeons usually make. But the chairman responded, “Look, you tell me what you think is an appropriate income to start with until you’re on your own, and if it’s reasonable that’s what we’ll pay you.”
To be fair, as Gawande tells the story, this was only his second interview, and presumably he did not realize that he was about to receive a job offer. Gawande was unprepared and had to do several days of research to arrive at an appropriate figure.
Today’s post on Discussing Terms addresses preparing to negotiate. We discuss some key points to think about while getting ready and provide a worksheet to aid in your preparations:
Know Yourself and Know the Other Party
The photo above shows the defenses of Port Arthur (present day Dalian, China) at the time of the Russo Japanese War. By current day standards, it was a relatively short war. Japan declared war in February 1904 and laid siege to the key Russian base at Port Arthur in August of that year. By May of 1905, Russia had suffered three stunning defeats—Port Arthur had surrendered in January, the Japanese Army defeated the Russian Army at Mukden in March, and the Japanese Navy defeated the Russian Navy at Tsushima Straight in May. It was an historic military victory—one that resulted in a favorable peace settlement for the Japanese side at the negotiation of the Treaty of Portsmouth in August 1905.
The negotiation at Portsmouth did contain a small but important victory for the Russian side courtesy of the Russian lead negotiator Sergei Witte. Witte knew that the Battle of Mukden had been shockingly costly to both the Russian and Japanese sides. It was a massive clash involving more than 600,000 combatants and lasting more than two weeks. The Japanese had eventually won, but at the cost of more than 15,000 Japanese dead and almost 60,000 wounded. In the days leading up to the negotiation, the Russians moved four new divisions into Manchuria—the Russian clear threat was that if the negotiation was not satisfactory to the Russian side, the war might resume at who knows what cost. Then, Witte made his move at the bargaining table. He offered additional territorial concessions, but absolutely refused war reparations, and threatened to walk out of the talks. His stratagem worked—the final treaty contained no requirement for the Russians to pay war reparations. His ploy was successful for two reasons: he knew what he wanted (no reparations), and he knew what the other party feared (a return to war)—he was in that sense prepared for the negotiation.
In the first section of the worksheet, there are a list of about 25 questions to be used in preparation for any bargaining session. Of course, only a small number of these questions are pivotal. For example, one common type of negotiation is contracting for manufacturing services between a pharmaceutical company and an active pharmaceutical ingredient manufacturer. In this type of negotiation, the negotiation is simple: 1) the pharmaceutical company writes a request for proposal (RFP) that outlines every key requirement for manufacture of the drug; 2) the RFP is shared with multiple manufacturers and acceptable responses are compared; 3) a contract is negotiated which embodies the proposal, as well as. In this case, the pivotal questions in preparation revolve around writing the RFP and selecting the candidate manufacturing firms. As you prepare for your negotiation, decide which are the pivotal questions for your situation.
Your Negotiation Plays
In any negotiation, you will have a mix of complex emotions related to your desires, fears, and the stress of the moment. To prepare for the negotiation session, it makes sense to have preset “plays,” just like in football. These are questions and statements that you have planned out ahead of time to elicit helpful information from the other party and move the negotiation forward.
An example of the use of “plays” comes from the Watergate Scandal. Watergate was set off by a burglary of the Watergate complex in Washington, DC (seen in the aerial photo above) and ultimately led to the resignation of American president Richard Nixon. During the Watergate investigation, a critical revelation was the existence of a taping system in the White House documenting ostensibly private conversations in held in the Oval Office.
The existence of the taping system became public during questioning of former Whitehouse assistant Alexander Butterfield by a lawyer for the Senate committee investigating Watergate. Any discussion which involves the authority of the legal system is a kind of negotiation. When Deputy Minority Counsel Donald Sanders began to question Butterfield, they were exchanging Butterfield’s honesty for the Senate’s promise of non-prosecution. As one question followed another, Sanders realized that there must be some kind of recording system in the White House. Eventually, Sanders asked Butterfield if such a system existed, and Butterfield replied, “I wish you hadn’t asked that question, but, yes, there is [2].”
In that sense, both Sanders and Butterfield were running “plays.” Sanders had prepared a list of questions in advance which led him to the revelation of the taping system. Butterfield had likely prepared in advance that he would not volunteer information about the taping system, but he was prepared to give the information up if asked. Such in-depth preparation is common prior to giving a deposition—PharmaTopo.com has previously posted on deposition preparation [3].
Run Things by Counsel
So far, we have discussed things you can do yourself, but you may need to consider bringing in outside counsel, either in the form of an actual attorney or perhaps in the form of a subject matter expert, or just a friend. Running your thoughts on the negotiation by a disinterested third party has two benefits. First, they may see facets of the negotiation that you missed or got wrong. Second, by stating openly and in confidence, your negotiation position, you commit yourself to the position emotionally—this means that you will be more likely to stick to your guns when the negotiation gets difficult. DiscussingTerms has previously posted on the use of counsel in negotiation [4].
Conclusions
In the 2006 hostage negotiation drama Inside Man, the criminals play recordings of former Albanian dictator Enver Hoxha’s political speeches to confuse police officers listening in via hidden microphones. When the police figure out the scheme, the following conversation ensues:
Detective Frazier: They’re playing tapes for us now?
Detective Mitchell: They knew we were gonna bug them.
Detective Frazier: Damn right they knew. And they knew how. Worse than that, they wanted us to bug them so they could send us on this wild goose chase.
That was a good negotiation play from the hostage taker’s point of view. The hostage takers prepared for the police and led them down the garden path. If you prepare for your negotiation, perhaps you can do the same thing.
[1] Gawande, A. “Piecework,” The New Yorker, 27 March (2005).
[2] Honan, W. H. “Donald G. Sanders Dies at 69; Brought Nixon Taping to Light,” The New York Times, 29 September (1999).
[3] Gallant, S. R. “Documenting Your Intellectual Property and Defending It,” PharmaTopo, 1 January (2022). pharmatopo.com/index.php/2022/01/01/lessons-learned-documenting-your-intellectual-property-and-defending-it/
[4] Gallant, S. R. “Use a Wingman,” Discussing Terms, 17 December (2022). discussingterms.com/2022/12/17/negotiation-tip-use-a-wingman/
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