Negotiation is essential in the entertainment industry. Not
everyone has that skill, for example, me. I am more of a soft negotiator than
anything else, and I am trying to improve that skill. Recently I have been
reading the book Getting To Yes by
Roger Fisher and William Ury. The book clearly state, “Being nice is no
answer”, that was the part that caught most of my attention. Positional
bargaining (or “haggling”) is a difficult type of negotiation. Having 2 or more
parties discussing about each of their interest can be very difficult to deal
with. What to do in these situations? The solutions that the book propose are:
- Separate the people from the problem.
- Focus on interest not positions.
- Invent options for mutual gain.
- Insist on using objective criteria.
To discuss more abut this topic I sat down with a local
lawyer. Juan Hernandez specializes in entertainment and financial cases and
much more. He has a doctorate in finance and may of years of experience in law.
I asked him a few question about negotiation and discussed
the topics.
Q: How do you
separate the people from the problem when negotiating?
A: After every
aspect has been put down to the table, I ask people what worries you. I don’t get involve with the people’s
emotions and try to not show mine.
Q: How do you handle positional
bargaining?
A: I present many options to the
person; I don’t get stuck in one position. I try not to get in any position and
be the person detecting and stopping the haggling.
Q: How do you
work to get a mutual benefit?
A: I expose the worst case scenario, and start negotiating thru it.
Q: How difficult
is to be a mediator and get mutual benefit for both parties?
A: Sometimes can be difficult, when you
have two parties with different perspectives and points of view. All I do is to
get the best deal for both parts and make sure they walk away knowing they made
a good deal.
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