The Road to Yes: Building Your Negotiator Toolkit

May 20 - May 21, 2019
Hyatt Regency Miami
Miami, FL

Description:

Industry and academia have two different roads on success. Industry succeeds by controlling and using knowledge as a benefit to its consumers, whereas academia succeeds from the open discovery and sharing of knowledge. With industry becoming an ever increasing supporter of our research enterprises, these two roads intersect during research agreement negotiation. This seminar is designed for working level research administrators who need detailed instructions on doing their jobs when dealing with industry and negotiating agreements. During day one, the instructors will take participants through the drafting, negotiating, and management processes, laying out the pros and cons of specific clauses for agreements, pointing out the pitfalls and the opportunities, and demonstrating the actual process of reaching agreement through a mock negotiation. During day two, participants will learn negotiation strategy and tactics laying out the pros and cons of specific clauses for agreements, pointing out the pitfalls and the opportunities, and demonstrating the actual process of reaching agreement through negotiation.

Tentative Schedule:

  1. Day One: Negotiating Industry Agreements
    1. Morning
      1. Introduction to R&D collaboration between Industry and Universities
        1. Includes understanding the different philosophies, types of contracts/agreements, negotiations issues and terms financial terms, PI/faculty engagement, business risk, etc.
      2. Special topics in Industry/University Collaborations
        1. Includes intellectual property, export control (FRE), data and cyber issues, compliance committees, venue/choice of law, etc.
      3. Administering Industry/University Collaborations
        1. Includes changes/terminations, intellectual property management, subcontracting/purchasing, information management, closeout, etc.
    2. Afternoon
      1. Post Collaboration Cooperation
        1. Moving from research to development, intellectual property commercialization, etc.
      2. Mock Agreement Negotiation Exercise
  2. Day Two: Negotiation Strategies and Tactics
    1. Morning
      1. Strategic Planning
        1. Initial planning, the importance of information, result of strategy development, etc.
      2. Approaches to Negotiation
        1. Positional negotiation, psychological negotiation, an integrated approach, etc.
      3. Tactical Planning
        1. Methods, scheduling, team selection, negotiating styles and modes, meeting preparation, etc.
    2. Afternoon
      1. Negotiation Techniques
        1. Tactics of negotiation: authority-related, diversionary, intelligence gathering, momentum
      2. Executing the plan and making the deal
        1. Setting the stage, opening the dance, getting down to business, use of bargaining strength, BATNA, the crux of negotiation, etc.
      3. Let’s Make a Deal: Mock Negotiation Exercise