In this presentation, FMC's Jean Gagnon, discusses strategic negotiation tools and tactics. With an overview of key principles of strategic negotiation, beneficial tactics and strategies, team negotiation as well as a look at less desirable and quite risky tactics, this presentation should not be missed.

1. STRATEGIC NEGOTIATION TOOLS AND TACTICS
Presented by Jean H. Gagnon
jhgagnon@fmc‐law.com
+1 514 878 5888
March 16, 2012
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2. 1. A few key principles of strategic negotiation:
1.1 Accurately identify the best alternative to the negotiated agreement (the
“BATNA”).
1.2 Do not dwell on the views expressed, but do try to identify the interests
hiding behind them.
1.3 Explore options that will make it possible to satisfy the real interests of each
party (avoid remaining trapped in linear negotiation).
1.4 Distinguish between these two phases: searching for options and making
decisions.
1.5 Search for the best option among many (and don’t stop at the first
acceptable proposal).
1.6 The agreement is not always the best option.
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3. 2. A few really beneficial tactics and strategies:
2.1 Be well prepared
2.2 Choose the most appropriate moment to negotiate (the right
timing)
2.3 Make sure you are communicating with the right person and
verify his or her level of authority before negotiation begins
2.4 The risks of BATNA
2.4.1 The “anchor” effect
2.5 Create optimistic expectations
2.6 Ask for more than your expectations
2.7 Prepare an agenda
2.8 Insert a few decoys
2.9 To make, or not to make, the first offer… That is the question
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4. 2.10 Listen attentively
2.10.1 Listen before you speak
2.10.2 Listen carefully (and through to the end)
2.11 Ask questions rather than argue
2.12 Adapt your communications to the other negotiator’s personality type
2.13 Use silence to your advantage
2.14 Plan your concessions
2.15 Regularly review your ultimate objectives and evaluate the
evolution of the negotiation toward these
2.16 Choose the appropriate mode of of communication
2.17 Present multiple options
2.18 Establish realistic deadlines
2.19 Tip the “scale” in your favour
2.20 Take a lot of notes, share them, and try to obtain instructions to
draft the agreement.
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5. 3. Where to negotiate?
3.1 In our own environment
3.2 In the other party’s environment
3.3 Elsewhere
Note: The impact of the table shape and seating plan
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6. 4. Team negotiation:
4.1 Team size
4.2 Team composition
4.3 A single team leader
4.4 Role distribution
4.5 Team preparation
4.6 Caucuses and the signal to call for a caucus
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7. 5. A few tactics and strategies that are less
desirable and quite risky:
5.1 Good cop/Bad cop
5.2 Splitting the difference
5.3 The salami
5.4 Pulling out
5.5 Backing off
5.6 The ultimatum
5.7 Making it look easy
5.8 Last minute demands
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8. The preceding presentation contains examples of the kinds
of issues companies dealing with strategic negotiation
could face. If you are faced with one of these issues, please
retain professional assistance as each situation is unique.

9. Thank you!
Jean H. Gagnon
jhgagnon@fmc‐law.com
+1 514 878 5888
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