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Strategic negotiations can breakdown for a variety of reasons leaving the two parties without a basis to re-engage to resolve and reach a mutual agreement on terms that include:

  • What is the technical and specification work to be performed
  • When will the delivery requirements begin
  • How will the agreement be administratively defined based upon mutually acceptable terms and conditions
  • How much: the price and terms of payments

All of the above must be integrated and agreed upon before negotiations can be concluded upon by the two parties that form the basis of Offer, Acceptance, and Consideration elements of a definitive contract resulting from the parties reaching a negotiated settlement.

GMC2 brings to the client seeking global negotiations support over a century of proven experience. Such negotiations support is not an introduction of a third party whose objective is to create doubt about the facts of either of the two parties to obtain a resolution that wins for the arbitrator (third party) but creates dissolutions for the two parties that have to live with the agreement.

GMC2 would be part of the Client’s team and whose main objective would be to re-engage the parties through reenergizing the zones of agreement that were directly or indirectly established during fact finding initially and build from that baseline to focus on common interests of the two parties and thus decoupling positions and people from problems. Emphasis is to re-engage on the fact finding of what has been originally proposed by the Client, what has the other side disclosed over time regarding these facts, what new information regarding strengths and weaknesses exist (blind spots) to re-engage and again separate people from the problem. Any position based on attacking differences or objectives must be avoided to allow for a restart.

GMC2 assists the client to develop zones of agreement and alternative courses of action based on realistic outcomes in the best interest to the client and thus to the interest of both parties. Objectivity must be foremost to promote scenarios of courses of action that are framed or communicated in a manner that reflect common interests of both parties so that there can occur a logical transition to acceptable resolution that is based upon Win-Win for the parties involved. Areas of Global Negotiations Support are further delineated below that addresses GMC2’s unique experience and proven track record which lead to successful bi-party mutual agreements, and thus to successful long-term contracting or joint development arrangements.

  • Preparations
    • Gaming the designated Negotiations team by taking on the role of the “Other Party” with a multitude of potential problems and assertions as to the facts and conclusions summarized in the Client’s proposal offering
    • “Red Team” review of the designated Negotiations team courses of action and tactical approach to resolve fact finding to a level where negotiations lead to an exchange of offers that lead to an irreparable demand on the other party’s ability to accept the basis of facts or specific elements of the offer’s: What, When, How, and How Much, e.g., 
      • Pricing Methodologies
      • Parametric
      • Historical baselines previously negotiated and fact finding issues
      • Technical and manufacturing producibility assumptions in relation to historical data
      • What’s possible? Some key terms and conditions are never going to be accepted by the other party due to industrial standards, authority to change, or historical records as to what can be approved or revised. If so, then what other key terms and conditions need to be pursued in concert with the courses of actions.
      • Export Control assumptions
      • Key suppliers to the Client’s industrial team and their assumptions as passed through to the other party.
      • Past performance
    • Analysis of the options and or courses of action to be proposed
    • Management review and recommendations to the Client’s senior management team who have direct oversight of the designated Negotiations team leader, and does such leader been delegated sufficient authority to negotiate.
  • Negotiation process restarts and rules of engagement
  • Fact finding support.  Basis to change conclusions while expanding the obtainment of options and/or courses of actions.
  • Establishing “Who” the decision maker for the other party is, and what biographical analysis defines the decision process of “his or her interests?”  What shared interest regarding goals and or objectives has this person demonstrated over time between the parties?
  • What are the specific positions communicated and what criteria have been provided supporting such positions by the other party?
  • Is the other side using “Win-Lose” and won’t play by agreed to rules prior to negotiations?  Fairness been substituted by interim bullying, deception, and psychological stress environment?  If so, what is driving the other party’s behavior and why is the party stalling to a “Win-Lose” scenario?  Do they know something about the market that is delaying them and therefore stalling?  Who is making the decisions from the other party?  Take nothing for granted or on appearance.

GMC2 is available to support your needs on a 24/7 basis and wherever such support is required.

          Growth Management and Constructive Changes, LLC          Tel: +1 949-885-6538