Introduction to Negotiation Strategy
At Oak Spring University, we provide corporate level professional Negotiation Strategy and other business case study solution. EMI: FOR THE TRACK RECORD case study is a Harvard Business School (HBR) case study written by Benoit Leleux, Bryony Jansen. The EMI: FOR THE TRACK RECORD (referred as “Emi Luc” from here on) case study provides evaluation & decision scenario in field of Leadership & Managing People. It also touches upon business topics such as - negotiation strategy , negotiation framework, Entrepreneurial finance, Mergers & acquisitions.
Negotiation strategy solution for case study EMI: FOR THE TRACK RECORD ” provides a comprehensive framework to analyse all issues at hand and reach a unambiguous negotiated agreement. At Oak Spring University, we provide comprehensive negotiation strategies that have proven their worth both in the academic sphere and corporate world.
What’s my BATNA (Best Alternative To a Negotiated Agreement) – my walkaway option if the deal fails?
What are my most important interests, in ranked order?
What is the other side’s BATNA, and what are his interests?
In Feburary 2006, Luc Gerard and Gerardo LeA?n, comfortably ensconced on their office sofa, were able to take a quiet moment to reflect which was a rare treat these last few months. A US$15.8 million investment had been staring them in the eyes for a while.Within the context of their previous employers, this amount would not have sounded out of place or even material. But for the first time, the two partners were talking about playing with their "own" money.The stakes were significantly higher! A few months earlier, they had joined forces to launch one of the first private equity funds in Colombia. Luc originated the idea: After a globetrotting corporate career engineering and managing mergers and acquisitions for others, he could no longer resist the urge to do his own deals. With their reputations and extensive networks in the corporate world, it would be easy to find potential deals. But finding the funds was a different story; this was a reputation-based business and they had no real personal track records. They would have to start from scratch and rapidly establish one to have a chance of raising the money. One company that looked particularly interesting was EMI (Emergencias Medicas Integrales), a Colombian healthcare company providing emergency services at home. While it had a respected brand, strong operations and healthy finances, it was clearly undermanaged and presented great value-creation opportunities through product development and geographic expansion. A minor problem, however, was that they did not have the money to acquire the company, let alone fund new acquisitions. A last-minute co-investor had saved the day, but they now faced decision time. Was EMI the company that would help them unlock the safes of the local institutional investors they wanted for their private equity fund? Would they be able to generate enough value and visibility quickly through this deal and establish themselves as deal makers? How should they treat this unexpected external investment for the deal? Was this taking them in a very different direction from the intended fund vehicle? Learning objectives: Building and managing a brand globally in the healthcare industry; Developing a micro health insurance system in Latin America; Globalization of brands; Growth financing and management in a global context; Emerging countries globalization; Building a new private equity vehicle.
By interests, we do not mean the preconceived demands or positions that you or the other party may have, but rather the underlying needs, aims, fears, and concerns that shape what you want. Negotiation is more than getting what you want. It is not winning at all cost. Number of times Win-Win is better option that outright winning or getting what you want.
Options are the solutions you generate that could meet your and your counterpart’s interests . Often people come to negotiations with very fixed ideas and things they want to achieve. This strategy leaves unexplored options which might be even better than the one that one party wanted to achieve. So always try to provide as many options as possible during the negotiation process . The best outcome should be out of many options rather than few options.
When soft bargainers meet hard bargainers there is always the danger of soft bargainers ceding more than what is necessary. To avoid this scenario you should always focus on legitimate standards or expectations, clearly understanding the arbitrage . Standards are often external and objective measures to assess the fairness such as rules and regulations, financial values & resources , market prices etc. If the negotiated agreement is going beyond the industry norms or established standards of fairness then it is prudent to get out of the negotiation.
Every negotiators going into the negotiations should always work out the “what if” scenario. The negotiating parties in the “EMI: FOR THE TRACK RECORD” has three to four plausible scenarios. The negotiating protagonist needs to have clear idea of – what will happen if the negotiations fail. To put it in the negotiating literature – BATNA - Best Alternative to a Negotiated Agreement. If the negotiated agreement is not better than BATNA (Negotiations options), then there is no point in accepting the negotiated solution.
One of the biggest problems in implementing the negotiated agreements in corporate world is – the ambiguity in the negotiated agreement. Sometimes the negotiated agreements are not realistic or various parties interpret the outcomes based on their understanding of the situation. It is critical to do negotiations as water tight as possible so that there is less scope for ambiguity.
Many negotiators make the mistake of focusing only on the substance of the negotiation (interests, options, standards, and so on). How you communicate about that substance, however, can make all the difference. The language you use and the way that you build understanding, jointly solve problems, and together determine the process of the negotiation with your counterpart make your negotiation more efficient, yield clear agreements that each party understands, and help you build better relationships.
Another critical factor in the success of your negotiation is how you manage your relationship with your counterpart and other people doing the mediation. According to “Benoit Leleux, Bryony Jansen”, the protagonist may want to establish a new connection or repair a damaged one; in any case, you want to build a strong working relationship built on mutual respect, well-established trust, and a side-by-side problem- solving approach.
According to
Harvard Business Review
, there are three types of negotiators – Hard Bargainers, Soft Bargainers, and Principled Bargainers.
Hard Bargainers – These people see negotiations as an activity that they need to win. They are less focused less on the real objectives of the negotiations but more on winning. In the “EMI: FOR THE TRACK RECORD ”, do you think a hard bargaining strategy will deliver desired results? Hard bargainers are easy to negotiate with as they often have a very
predictable strategy
Soft Bargainers – These people are focused on relationship rather than hard outcomes of the negotiations. It doesn’t mean they are pushovers. These negotiators often scribe to long term relationship rather than immediate bargain.
Principled Bargainers – As explained in the seven elemental tools of negotiations above, these negotiators are more concern about the standards and norms of fairness. They often have inclusive approach to negotiations and like to work on numerous solutions that can improve the BATNA of both parties.
Open lines of communication between parties in the case study “EMI: FOR THE TRACK RECORD” can make for an effective negotiation strategy and will make it easier to negotiate with this party the next time as well.
Benoit Leleux, Bryony Jansen (2018), "EMI: FOR THE TRACK RECORD Harvard Business Review Case Study. Published by HBR Publications.
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