Who ever heard such nonsense about negotiation?

Whether you run a small retail or manufacturing business, a service outfit or act as a solo consultancy, you must have at one time or another been personally involved in some difficult negotiation that tested your mental powers to the limit.

As you wracked your brain for solutions, thought up ways to secure the best deal for yourself and visualised solutions to protect your interests, it’s hard to argue that your imagination wasn’t being stretched.

I came across some research the other day about creativity not really playing a significant role in negotiation. I’m not sure I even understand these academics but in my experience and observing other business people locked in negotiation I’m absolutely convinced that creativity does make a difference in negotiation.

Before we see how creativity influences negotiation, let’s look at what negotiation means. In the real world, all the academic definitions of negotiation don’t make much sense. What’s more grounded in reality is that negotiation is really about finding some sort of agreement that is mutually acceptable. It might require compromise. But if you don’t like the envisaged outcome you can always say no and walk away.

Negotiation is important to all of us because we do it all the time. At home, at work, at play.

I recently participated in several role playing negotiations. What I was struck by was that the negotiations deadlocked every time for these reasons: The negotiation team members did not creatively imagine their opponents’ world. They did not fully understand the world of their customer or seller and therefore could not make a fully imaginative assessment of their needs, wants and desires. With more creative thinking, viewing the problem from different perspectives, they could have immersed themselves more fully in their customer’s world.

The other area where they could have used more creativity was to brainstorm and invent more options for mutual gain. And in instances where there was no hope for this, they could have walked away from the deal.

Making conditional proposals, so the other side can’t get what they want from you without you getting what you want from them in return, requires creativity. So does setting the agenda or order of business. Deciding what issues to discuss first and which ones to deal with later is a very creative act especially when the stakes are high.

These are just a few instances of creativity in negotiations. In these economic times it is crucial that you negotiate the best deal with your customers, suppliers and other business people.

Leaving money on the table doesn’t only leave a bad taste in your mouth, it also hurts your bottom line.

 

Stay inspired

Chesney Bradshaw

 

 

Caught in the act

Doesn’t it make you angry when a large company that knows better copies an idea from a smaller entrepreneurial business?

A large retail food company was recently taken to court by a small beverage company that makes cool drinks with a distinctive retro brand image. The larger company thought that it could just “swipe” the branding slogan from the smaller supplier and stock its shelves with its own house brand product.

Click here if you want to see details: http://mg.co.za/article/2012-02-01-asa-orders-woolies-to-remove-frankies-slogan

Just do a Google search and you’ll see many large companies all over the world have been taken to court for copyright infringement. It happens in many industries – music, books, software.

But it’s not just large companies that do this. People do it all the time in all walks of life.

For business people, entrepreneur’s and solo artists it’s important to know your rights when it comes to copyright, company names and trademarks.

The first thing that you’ve got to understand is what is covered by intellectual property rights. Although ideaaccelerator.co.za is domiciled in South Africa its subscribers are from all over the world. We therefore would prefer to quote as our reference the World Intellectual Property Organization (WIPO).

You’ll see from the WIPO site that intellectual property includes rights relating to everything from literary, artistic and scientific works to industrial designs, trademarks, service marks and commercial names and all other rights from intellectual activity in the industrial, scientific, literary or artisticfields.

If you’d like to find out more, go to the WIPO website: http://www.wipo.int/about-ip/en/iprm/

This international website will give you an idea of what to watch out for. Make sure you check out information that applies to the country where you do business.

For entrepreneurs, consultants, small manufacturers and even coaches who sell specialised systems, make sure when you dealing with anyone from business partners and family to suppliers that they sign a nondisclosure agreement (NDA). It’s not an absolute guarantee that you’ll stop someone from trying to use your idea but it makes the disclosure of your ideas to others a serious and formalised process.

When you go about producing your own ideas for profit just make sure that you don’t inadvertently or unconsciously copy from others whether big or small.

It’s far better to do your own idea generation and idea combinations to come up with products and services.

If you feel unsure of anything when it comes to copyright or trade marks, make sure you consult with a legal professional.

Stay inspired
Chesney