The Negotiation Book: Your Definitive Guide To Successful Negotiating

9.4. WORKING WITH VARIABLES

Whenever the focus and pressure is on price, there is a tendency for negotiators to renegotiate other variables as part of offsetting any implications on price movement. This usually involves introducing other variables as part of compensation for or adjusting the price point. By ensuring that the other five primary variables remain linked to any changes to price the Complete Skilled Negotiator can maintain the total value on offer despite price pressures. In other words, this is about moving the package around to attract protection or grow the total value. Everything is conditional — which allows you to protect the value — so if one variable needs adjusting down others should be moved to offset the implications.

CASE STUDY A marketing company called Zen were negotiating a contract with one of their clients. The contract involved the development of creative ideas, the execution of website content and the production of associated printed materials. Central to Zen's 'standard conditions' was that it reserved all rights to all the materials created. In other words, the copyright was to remain theirs regardless of any other terms agreed. This was despite having been paid by the client to create original content. Meanwhile the client's 'standard terms' specified that they would own all copyright on all the materials specifically created for the client. The negotiation that followed involved breaking down and categorising the different types of work involved. ...