I am writing this on the balcony of our apartment in the South of France which I am very busy preparing for the coming rental season. This involves a lot of what the French call “bricolage” which I have always thought is a better expression than the more prosaic English “do it yourself”. Today I had planned an early start and a visit to a store about 20 minutes’ drive away to purchase an air cooler. I left early, wondering why the traffic was so light, and waited outside the store gates for it to open at 9 am. Nothing happened so I Googled the store opening hours to discover why it was closed! Because Thursday May 1st is a public holiday in France, known as La Fête du Travail (Labor Day). It's a day to celebrate workers' rights and is a day off for most people, with many businesses (including my bricolage store) closed. In the UK we do not recognise 1 May as a public holiday unless it coincides with the early May bank holiday so I forgot. I should have done my research better.
And this is very much a lesson for our professional lives as well. Before, for example, any contract negotiation how often do we simply turn up on the first Teams call or in person meeting with no idea who we will find on the other side of the screen or table or how to deal with them. I have always advocated taking some time to research who the “opposition” will be before meeting them and therefore maybe have some notion as to how they will behave. This enables planning and also informs what to do when the inevitable difficulties in the discussions occur. And in our online connected world this information is readily available. If you do not know the individuals involved Just look up the names appearing on the meeting invite and Google them or search for their profiles on LinkedIn. Ask colleagues if they have ever dealt with these people or even say worked with the professional firm involved. At the very least you can ascertain the level of the professional involved. I have perhaps paradoxically sometimes found experienced partners easier to negotiate with than up and coming young assistants, who whilst usually very competent sometimes have a point to prove and won’t concede anything – or perhaps don’t have the authority to do so. They may also not be confident about compromising any issue. By contrast some very experienced lawyers may have a rather high opinion of themselves which informs their approach – not always for the better!
See this article 12 Important Negotiation Skills (With Definition and Tips) which as one of its tips suggests “Do your research - Before entering into negotiation talks, evaluate all sides and consider their goals. It can also be helpful to research the person you are negotiating with. Understand the limitations of the negotiator. Do they have the ability to give you what you want? Understanding these limitations can help you strategize.” Understanding the negotiating authority of the other side is crucial. They may simply not have the ability to make changes you ask for however reasonable because of their organisation’s policies or their position within the hierarchy.
This is all a part of the need for proper preparation for any professional work like my contract negotiation example. Never mind who is involved, how often (especially under the inevitable time pressure) do we just “rock up” to a negotiation thinking we can wing it, especially the more senior we become. In private practice clients don’t always see the benefit of careful preparation and certainly don’t always want to pay for this work - or they do it internally but exclude their external advisers. By contrast I recall one negotiation where I was a partner in the law firm instructed on a major technology procurement deal (and therefore I suppose quite expensive). The lead negotiator of our client made a point of getting all his team including me together for a pre meeting. Not just 10 minutes in the nearest Costa Coffee before the first encounter but an all-day session in one of their offices. We considered who we were likely to be dealing with, what approach they would take, what we wanted and what we would do if things went awry – covering the walls with flip chart pages capturing our ideas and conclusions. We also determined the limits of our negotiating remit and authority and appraised relevant senior management and stakeholders of our approach to check they were on board and in case we needed further support as the deal progressed.
I commend this Harvard Business School article How to Prepare for a Negotiation which observes “Negotiations can be unpredictable and challenging—it's difficult to know how the other party will react to your proposition. Planning can make the difference between success and failure.” It then recommends 7 steps to take in preparing for a negotiation including:
And as is often the case none of this is new. Confucius (551 BC – 479 BC) observed “Success depends upon previous preparation, and without such preparation there is sure to be failure.”
While in the 5th century BC in The Art of War Sun Tzu suggests “Most battles are won before they are fought”.
Coming a bit more up to date Muhammed Ali commented “Before I’d get in the ring, I’d have already won or lost it on the road. The real part is won or lost somewhere far away from witnesses – behind the lines, in the gym and out there on the road, long before I dance under those lights.”
So what did I do with my unexpected holiday? Well I took the day off from my bricolage work and went to St Tropez, where I bought a small painting on the quay side, and then visited a beach nearby, all very relaxing.
And this is very much a lesson for our professional lives as well. Before, for example, any contract negotiation how often do we simply turn up on the first Teams call or in person meeting with no idea who we will find on the other side of the screen or table or how to deal with them. I have always advocated taking some time to research who the “opposition” will be before meeting them and therefore maybe have some notion as to how they will behave. This enables planning and also informs what to do when the inevitable difficulties in the discussions occur. And in our online connected world this information is readily available. If you do not know the individuals involved Just look up the names appearing on the meeting invite and Google them or search for their profiles on LinkedIn. Ask colleagues if they have ever dealt with these people or even say worked with the professional firm involved. At the very least you can ascertain the level of the professional involved. I have perhaps paradoxically sometimes found experienced partners easier to negotiate with than up and coming young assistants, who whilst usually very competent sometimes have a point to prove and won’t concede anything – or perhaps don’t have the authority to do so. They may also not be confident about compromising any issue. By contrast some very experienced lawyers may have a rather high opinion of themselves which informs their approach – not always for the better!
See this article 12 Important Negotiation Skills (With Definition and Tips) which as one of its tips suggests “Do your research - Before entering into negotiation talks, evaluate all sides and consider their goals. It can also be helpful to research the person you are negotiating with. Understand the limitations of the negotiator. Do they have the ability to give you what you want? Understanding these limitations can help you strategize.” Understanding the negotiating authority of the other side is crucial. They may simply not have the ability to make changes you ask for however reasonable because of their organisation’s policies or their position within the hierarchy.
This is all a part of the need for proper preparation for any professional work like my contract negotiation example. Never mind who is involved, how often (especially under the inevitable time pressure) do we just “rock up” to a negotiation thinking we can wing it, especially the more senior we become. In private practice clients don’t always see the benefit of careful preparation and certainly don’t always want to pay for this work - or they do it internally but exclude their external advisers. By contrast I recall one negotiation where I was a partner in the law firm instructed on a major technology procurement deal (and therefore I suppose quite expensive). The lead negotiator of our client made a point of getting all his team including me together for a pre meeting. Not just 10 minutes in the nearest Costa Coffee before the first encounter but an all-day session in one of their offices. We considered who we were likely to be dealing with, what approach they would take, what we wanted and what we would do if things went awry – covering the walls with flip chart pages capturing our ideas and conclusions. We also determined the limits of our negotiating remit and authority and appraised relevant senior management and stakeholders of our approach to check they were on board and in case we needed further support as the deal progressed.
I commend this Harvard Business School article How to Prepare for a Negotiation which observes “Negotiations can be unpredictable and challenging—it's difficult to know how the other party will react to your proposition. Planning can make the difference between success and failure.” It then recommends 7 steps to take in preparing for a negotiation including:
- Build a Relationship - Building a relationship with your counterpart is vital. If possible, get to know them and establish a rapport before the negotiation begins.
- Strategize - Consider various factors, including your desired outcome, priorities and interests, assessment of the other party's goals and objectives, and any leverage or alternatives you have. See 4 Tips for Developing a Negotiation Strategy.
And as is often the case none of this is new. Confucius (551 BC – 479 BC) observed “Success depends upon previous preparation, and without such preparation there is sure to be failure.”
While in the 5th century BC in The Art of War Sun Tzu suggests “Most battles are won before they are fought”.
Coming a bit more up to date Muhammed Ali commented “Before I’d get in the ring, I’d have already won or lost it on the road. The real part is won or lost somewhere far away from witnesses – behind the lines, in the gym and out there on the road, long before I dance under those lights.”
So what did I do with my unexpected holiday? Well I took the day off from my bricolage work and went to St Tropez, where I bought a small painting on the quay side, and then visited a beach nearby, all very relaxing.
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