Posts Tagged ‘contract agreement’

Sales Negotiators Say The Strangest Things

Tuesday, May 12th, 2009
Sales Negotiations Have To Be Documented In A Way That Both Sides Understand

Sales Negotiations Have To Be Documented In A Way That Both Sides Understand

Although I had intended to write this posting about how we need to be careful when we are documenting sales negotiations with people from other countries, I slowly realized that we need to be just as careful with folks who were brought up in the same country as us.

So what’s the big deal about words – can’t people just speak clearly and let it be that? As long as you don’t use long fancy words, won’t everyone understand what you mean? It turns out that the answer is no.

I think one of the best examples of this was set by the professional negotiators who brokered the 1979 peace accord between Israel and Egypt. After everyone had finally verbally agreed to all of the terms, the papers documenting the agreement were drawn up. However, there wasn’t just one set of papers. Rather, there were four.

All of the agreements were documented in four different languages: Egyptian, Hebrew, English, and French. Even more importantly, all of the parties involved agreed that if there was a dispute, then the French version would be the binding version. Words can have completely different meanings in different cultures.

The negotiating expert Dr. Chester Karrass has kept track of how different cultures attempt to communicate an idea and somehow end up making mistakes. My favorite one from his list is the sign that he saw in a hotel in Egypt that read “Patrons need have no anxiety about the water, it has been passed by management.”

In closing, just because you’ve reached the end of a sales negotiation with the other side of the table, you must still be on guard. Your verbal agreements now have to be documented and both parties need to read and interpret the words in the same way. Your work is by no means done, it is only just starting!

Have you ever negotiated with someone who spoke a different language than you did? Were you able to finally reach a verbal agreement with them? What language did you use to document your agreements in? Were there ever any interpretation issues that arose because of language differences? Leave me a comment and let me know what you are thinking.

A Sales Negotiator’s Friend: The Telephone

Tuesday, March 31st, 2009
A Telephone Is A Two-Edged Blade For Sales Negotiators

A Telephone Is A Two-Edged Blade For Sales Negotiators

What’s your mental picture of a typical sales negotiation? When you close your eyes do you see a lushly carpeted board room with a large oval table in the center and padded leather chairs all around it? If so, then in most cases you are sadly mistaken.

An amazing number of sales negotiations occur over the telephone. Everyone has one and in fact in this day and age of mobile phones we all seem to have more than one phone. Given that by using the phone you can reach someone directly at almost any time, phones have become an important tool in negotiating sales.

However, as with any tool, a phone can be a danger to any negotiator’s hope of success. Using a phone to negotiate can be quick and easy, but that’s actually part of the problem. I’m not telling you to not use the phone, I’m just saying that you need to watch out when you do. Here are some of the things that can go wrong when you use the phone to negotiate a sale:

  1. Deal / No Deal: Because you can’t look the other side in the eye when you are negotiating with them on the phone, it’s entirely possible that you may conclude the call thinking that you have a deal when you really don’t.
  2. Can You Hear Me Now?: What you think that you are saying is not necessarily what the other side is hearing. However, since you are on a phone, there is no way for you to realize that they have gotten the wrong message.
  3. What Did You Say?: Often when we are negotiating on the phone, we are out and about. Although we may reach agreement, it won’t count until such time as we write it down. That may be hours later and what we write down may be different from what we agreed to.

Once again, the phone is a powerful sales negotiation tool; however, you have to be careful how you use it in order to make sure that you don’t get burned.

Have you ever used the phone as part of a sales negotiation? Did you have any communications problems? Were the problems on your side or on the other side? When did you first realize that there was a problem? How did you finally resolve this problem? Leave me a comment and let me know what you are thinking.

Boeing Strike Is Over: Did Negotiation Save The Day?

Thursday, November 6th, 2008
The Strike Is Over At Boeing, But Who Got What?

The Strike Is Over At Boeing, But Who Got What?

Just in case you had not heard, the Association of Machinists and Aerospace Workers has settled its strike with Boeing. The machinists had been off the job and on the picket lines for 52 days – a very long time for a Boeing strike. Both sides are calling the agreement that they came to as being a “fair compromise”. But was it? Let’s take a closer look at how things worked out from a negotiating point-of-view and see what we think happened…

One of the key components of the negotiated agreement is that this contract will cover 4 years unlike previous contracts which have covered only 3 years. This was very important to Boeing because in three years they will just be reaching the peak of production for their new 787 jet and the possibility of having another cripling strike occur then could damage the company’s bottom line as well as their reputation.

The machinists union is actually fairly small – only 27,000 workers. However, they were negotiating from a position of strength. Boeing currently has 3,725 orders for new airplanes that need to be filled. It was rumored that the strike was costing Boeing $100M a day. The machinists were also helped by the fact that the type of work that they perform is highly specialized and not easily replaced. The work done by the machinists has a direct bearing on the final safety of the finished product and this is something that Boeing needs to make sure never gets compromised.

Boeing had bigger issues to consider during their negotiations with the machinists. Boeing is getting ready to face another contract renegotiation with the 21,000 strong Society of Professional Engineering Employees in Aerospace (SPEEA). This contract expires on December 1st so Boeing really needed to get the machinist strike wrapped up before they potentially had another strike on their hands. This also meant that Boeing could not just cave in to the machinists because then the SPEEA would be expecting the same.

Boeing has some other issues that had to be weighing on their decision making team. They were already going to have problems meeting their goal of delivering the first 787 Dreamliner planes in 2009. The lead time for getting a new plane design approved to be sold is quite lengthy. After Boeing has been able to assemble several of the first 787 planes, they will then need to start almost a year of around-the-clock flight testing.

So who walked away with what in the final contract?

It sure looks like the machinists got what they wanted. Specifically, Boeing agreed to limit its use of contractors doing work that machinists had previously done. Contractors will still be able to deliver parts to the production lines; however, the machinists will be in charge of tracking and distributing those parts once they enter the factory. I believe that this was the key point of the negotiations – if Boeing had been able to expand the role of contractors, then they would have been able to use fewer machinists. However, it looks like in order to end the strike quickly, Boeing backed away from this demand.

What’s a negotiator to learn from all of this? Your negotiating power is not always obvious. The machinists were in a powerful situation and they knew it. They used this as leverage to prevent Boeing from reducing their importance and ensured that the next time they enter into a negotiation, they will be well positioned to get what they want.

Who do you think came out ahead in this negotiation? Do you think that Boeing erred in settling the strike without getting the ability to use more contractors? Do you think that the machinists should have held out to remove contractors from delivering parts to the production line? Leave a comment and let me know what you are thinking.