This document provides strategies for successful negotiations. It discusses understanding all parties involved, including the university, principal investigator, sponsor, and sponsor's negotiator. It emphasizes gathering information on project details and motivations. Effective communication methods and developing rapport are addressed. The document outlines developing rationale to explain positions, asking clarifying questions, and providing alternatives to reach agreement. Specific negotiation tactics are presented, including using examples, remaining positive, and focusing on the research importance. The strategies aim to facilitate productive discussions and achieve mutually agreeable terms.
The document provides an overview of negotiation strategies and techniques. It discusses preparing for negotiations by understanding goals, interests, alternatives, and the other side's position. During negotiations, it recommends focusing on interests over positions, inventing options for mutual gain, using objective standards, and maintaining relationships. The document also covers communication techniques like active listening and open-ended questions. It warns against psychological biases and provides tips for avoiding impasse and evaluating negotiations. The overall message is that effective negotiations require careful planning, a cooperative problem-solving approach, and understanding interests rather than just competing for positions.
This document summarizes an agenda for a negotiation and influencing skills training course. The agenda includes introductions, best hopes for the course, ground rules, definitions of negotiation styles, exercises on negotiation techniques like setting objectives and finding win-win solutions, influencing styles, dealing with conflict, and a closing reflection on skills learned.
The document provides advice on how to negotiate effectively even when the other side seems more powerful. It discusses that negotiation power depends on the context and situation, not just resources. It suggests focusing on developing a good relationship, understanding interests, inventing creative options, using standards of fairness, having a strong BATNA, and making commitments. The key message is that the way one negotiates can make a big difference and there are strategies to enhance negotiating power through preparation and how one approaches the negotiation.
The document provides an overview of negotiation strategies and techniques. It discusses various approaches to negotiation such as distributive bargaining, competitive bargaining, framing, and making concessions. It also covers difficult negotiation situations and strategies for dealing with difficult people by understanding their true interests and hidden constraints. Cognitive biases that can impact negotiations are also examined, as well as questions to diagnose interests, options, and potential agreements.
This document provides guidance on making major gift asks. It outlines preparing for the ask by understanding the donor's motivations and capacity to give. Key questions to answer include the ask amount, timing, asker, and purpose of funds. During the ask, acknowledge past support, share the vision and impact, and have gift options. Address potential objections respectfully and leave the door open for future discussion. Follow up with stewardship after securing the gift.
The document discusses different negotiation styles and methods. It contrasts positional bargaining, where parties focus on defending their stated positions, from principled negotiation, which emphasizes separating people from the problem, focusing on interests rather than positions, inventing options for mutual gain, and using objective criteria. Principled negotiation aims for an efficient and amicable agreement, unlike positional bargaining which can damage relationships and lead parties to compromise on positions rather than find mutually agreeable solutions.
The document provides an overview of negotiation strategies and techniques. It discusses preparing for negotiations by understanding goals, interests, alternatives, and the other side's position. During negotiations, it recommends focusing on interests over positions, inventing options for mutual gain, using objective standards, and maintaining relationships. The document also covers communication techniques like active listening and open-ended questions. It warns against psychological biases and provides tips for avoiding impasse and evaluating negotiations. The overall message is that effective negotiations require careful planning, a cooperative problem-solving approach, and understanding interests rather than just competing for positions.
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The document provides advice on how to negotiate effectively even when the other side seems more powerful. It discusses that negotiation power depends on the context and situation, not just resources. It suggests focusing on developing a good relationship, understanding interests, inventing creative options, using standards of fairness, having a strong BATNA, and making commitments. The key message is that the way one negotiates can make a big difference and there are strategies to enhance negotiating power through preparation and how one approaches the negotiation.
The document provides an overview of negotiation strategies and techniques. It discusses various approaches to negotiation such as distributive bargaining, competitive bargaining, framing, and making concessions. It also covers difficult negotiation situations and strategies for dealing with difficult people by understanding their true interests and hidden constraints. Cognitive biases that can impact negotiations are also examined, as well as questions to diagnose interests, options, and potential agreements.
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The document discusses different negotiation styles and methods. It contrasts positional bargaining, where parties focus on defending their stated positions, from principled negotiation, which emphasizes separating people from the problem, focusing on interests rather than positions, inventing options for mutual gain, and using objective criteria. Principled negotiation aims for an efficient and amicable agreement, unlike positional bargaining which can damage relationships and lead parties to compromise on positions rather than find mutually agreeable solutions.
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The document provides tips and strategies for negotiation, with a focus on how women can improve their negotiation skills and outcomes. It notes that women often do not negotiate as aggressively as men and leave significant money on the table as a result. It encourages women to recognize opportunities to negotiate, understand their own interests and priorities, and prepare effective negotiation strategies to achieve better results.
The document provides an overview of a negotiation training for South Carolina Women Lawyers held on October 22, 2010. It discusses key concepts in negotiation including recognizing opportunities to negotiate, understanding different bargaining styles, and using diagnostic questions to understand interests and find mutually agreeable solutions. Cognitive biases that can impact negotiation are also examined, along with strategies for gaining leverage and overcoming difficult negotiators.
The document discusses various strategies and tools for managing organizational change, including:
1) Kotter's eight steps for change including establishing urgency, building coalitions, communicating vision, and anchoring changes in culture.
2) ADKAR as a model for individual change with components of awareness, desire, knowledge, ability and reinforcement.
3) Stakeholder management techniques like stakeholder analysis, mapping stakeholders on a grid of influence vs. impact, and developing a stakeholder management plan.
4) Effective communication strategies are key to change success and include understanding audience types and moving from a "telling" to a "co-creating" approach.
The document provides guidance on implementing an effective recruitment and marketing program for a volunteer fire/rescue service. It discusses recruiting strategies like engaging potential candidates in conversation, following up on leads, and closing interactions to obtain contact information. It also outlines how to develop a marketing plan, create partnerships with businesses, and leverage free and grant-funded resources for promotion. The overall aim is to treat recruitment as a sales process and utilize various digital and unconventional marketing channels.
This document outlines strategies for building thriving partnerships between workforce development organizations and businesses. It discusses ideal stages of engagement from initial contact to referral, as well as ideal customer profiles. Key partnership offers like information, connections, and convening are explored. Strategies for more engaging meetings, events, and customer learning are provided. The overall message is that partnerships require focusing on deepening relationships over time by understanding customer needs and providing ongoing value.
The document discusses negotiation skills and provides information on:
1) The definition and origins of the word "negotiation" from Latin meanings related to business.
2) Negotiation involves communication between interdependent parties to reach agreements on differing needs or ideas.
3) Negotiation is used in many contexts from family, personal, academic, and business situations.
5 guided questions structure a conversation for resolution. Using a deliberate process for conversation ensures everyone has the opportunity to contribute, and that the decisions made are based on open honest discussion of the criteria.
The document provides guidance on effective negotiation strategies. It discusses:
1) Preparation is key to successful negotiations - 90% of the negotiation is done before meeting with the other party through understanding your objectives, the other side's interests, and your best alternative to a deal.
2) Knowing your own negotiation style and that of the other party is important for progressing discussions effectively. Different styles like warm, tough, and numbers-oriented can impact the approach.
3) Developing the business opportunity requires aligning internal objectives, understanding market needs, and building consensus within your organization before engaging with potential partners. The goal is to become the preferred partner through balanced, interest-based discussions.
Negotiating involves communicating between two or more parties to reach an agreement on differing needs or ideas. It draws on skills in communication, psychology, and conflict resolution. Effective negotiators prepare thoroughly, focus on interests rather than positions, and use a cooperative problem-solving approach to find mutually beneficial solutions.
This document provides an overview of mediation, consensus building, and facilitation techniques for resolving land use disputes. It discusses key concepts such as identifying parties' interests rather than positions, maintaining mediator neutrality, and selecting an appropriate engagement process. Communication best practices are outlined for understanding different perspectives. Sources of land use conflicts and orientation styles are also covered. The document aims to equip land use planners with conflict resolution skills for their work.
Negotiation is a communication process between two or more parties in which they consider different alternatives in order to reach a mutually agreeable solution.
This document provides guidance on developing an effective communications plan for an organization facing economic challenges. It emphasizes the importance of communicating openly with stakeholders during difficult times. It recommends identifying communication goals and target audiences, developing clear messages, prioritizing actions, and getting buy-in across the organization. The document stresses that everyone is a communicator and offers tips on transparency, addressing concerns, leveraging existing skills and networks, and using challenges as an opportunity.
In negotiation, after all, neither party holds all the aces. Instead, negotiation proceeds (or should proceed) on a rather level playing field. Since both parties want to win, what is the best way to proceed?
The document provides guidance on effective messaging and testimony for promoting policy goals. It discusses identifying key messages and stories, framing discussions positively, preparing fact sheets, and practicing question-and-answer sessions. Tips are given for public speaking, staying on message, telling impactful stories, and responding to different types of questions. The overall aim is to help participants communicate their policy expertise and goals in a clear, persuasive manner.
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This document provides guidance on writing grants to obtain public and private funding. It discusses the differences between public and private funding sources. Public funding comes from federal, state, and local governments and is awarded through a competitive process based on proposal scores. Private funding from foundations is more relationship-based. The document outlines steps for developing a successful grant proposal, including conducting a needs assessment, establishing goals and a research-based program, collaborating with partners, assembling a writing team, using data to identify needs, and defining outcomes and evaluations. Attention to the request details, eligibility, and criteria are emphasized to create a strong proposal.
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This document discusses strategic questioning techniques for mediators and negotiators. It defines different types of questions like open-ended, closed-ended, elaboration, clarification, and hypothetical questions. It explains the purpose and goals of each question type and provides examples. Key factors in asking effective questions are timing, tone, word choice, and who the question is directed to. Questions should be tailored based on the situation to gather information, test realities, facilitate understanding, or move discussions forward productively.
The document provides tips and strategies for negotiation, with a focus on how women can improve their negotiation skills and outcomes. It notes that women often do not negotiate as aggressively as men and leave significant money on the table as a result. It encourages women to recognize opportunities to negotiate, understand their own interests and priorities, and prepare effective negotiation strategies to achieve better results.
The document provides an overview of a negotiation training for South Carolina Women Lawyers held on October 22, 2010. It discusses key concepts in negotiation including recognizing opportunities to negotiate, understanding different bargaining styles, and using diagnostic questions to understand interests and find mutually agreeable solutions. Cognitive biases that can impact negotiation are also examined, along with strategies for gaining leverage and overcoming difficult negotiators.
The document discusses various strategies and tools for managing organizational change, including:
1) Kotter's eight steps for change including establishing urgency, building coalitions, communicating vision, and anchoring changes in culture.
2) ADKAR as a model for individual change with components of awareness, desire, knowledge, ability and reinforcement.
3) Stakeholder management techniques like stakeholder analysis, mapping stakeholders on a grid of influence vs. impact, and developing a stakeholder management plan.
4) Effective communication strategies are key to change success and include understanding audience types and moving from a "telling" to a "co-creating" approach.
The document provides guidance on implementing an effective recruitment and marketing program for a volunteer fire/rescue service. It discusses recruiting strategies like engaging potential candidates in conversation, following up on leads, and closing interactions to obtain contact information. It also outlines how to develop a marketing plan, create partnerships with businesses, and leverage free and grant-funded resources for promotion. The overall aim is to treat recruitment as a sales process and utilize various digital and unconventional marketing channels.
This document outlines strategies for building thriving partnerships between workforce development organizations and businesses. It discusses ideal stages of engagement from initial contact to referral, as well as ideal customer profiles. Key partnership offers like information, connections, and convening are explored. Strategies for more engaging meetings, events, and customer learning are provided. The overall message is that partnerships require focusing on deepening relationships over time by understanding customer needs and providing ongoing value.
The document discusses negotiation skills and provides information on:
1) The definition and origins of the word "negotiation" from Latin meanings related to business.
2) Negotiation involves communication between interdependent parties to reach agreements on differing needs or ideas.
3) Negotiation is used in many contexts from family, personal, academic, and business situations.
5 guided questions structure a conversation for resolution. Using a deliberate process for conversation ensures everyone has the opportunity to contribute, and that the decisions made are based on open honest discussion of the criteria.
The document provides guidance on effective negotiation strategies. It discusses:
1) Preparation is key to successful negotiations - 90% of the negotiation is done before meeting with the other party through understanding your objectives, the other side's interests, and your best alternative to a deal.
2) Knowing your own negotiation style and that of the other party is important for progressing discussions effectively. Different styles like warm, tough, and numbers-oriented can impact the approach.
3) Developing the business opportunity requires aligning internal objectives, understanding market needs, and building consensus within your organization before engaging with potential partners. The goal is to become the preferred partner through balanced, interest-based discussions.
Negotiating involves communicating between two or more parties to reach an agreement on differing needs or ideas. It draws on skills in communication, psychology, and conflict resolution. Effective negotiators prepare thoroughly, focus on interests rather than positions, and use a cooperative problem-solving approach to find mutually beneficial solutions.
This document provides an overview of mediation, consensus building, and facilitation techniques for resolving land use disputes. It discusses key concepts such as identifying parties' interests rather than positions, maintaining mediator neutrality, and selecting an appropriate engagement process. Communication best practices are outlined for understanding different perspectives. Sources of land use conflicts and orientation styles are also covered. The document aims to equip land use planners with conflict resolution skills for their work.
Negotiation is a communication process between two or more parties in which they consider different alternatives in order to reach a mutually agreeable solution.
This document provides guidance on developing an effective communications plan for an organization facing economic challenges. It emphasizes the importance of communicating openly with stakeholders during difficult times. It recommends identifying communication goals and target audiences, developing clear messages, prioritizing actions, and getting buy-in across the organization. The document stresses that everyone is a communicator and offers tips on transparency, addressing concerns, leveraging existing skills and networks, and using challenges as an opportunity.
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1. Strategies for Successful
Negotiations
NCURA Regions VI and VII Meeting
Newport Beach, California
Sara Judd
Director, Department of Contracts and Grants
University of Southern California
Jeri Muniz
Executive Director, Department of Contracts and Grants
University of Southern California
2. The Basics
Understand your University
Communicate with the PI before the negotiation
Gather info
• How did the project come about?
• Urgency of project (Has the work already started?)
• What does the PI expect out of the project?
• What do both parties bring to the table?
• Is there history with the Sponsor?
• Are we the only game in town?
Answer questions
• Explain Industry’s position and the impact on the
research team
• Clarify university policies, if necessary
3. The Basics
Understand Your Partner
Get to know the Sponsor’s negotiator
Authority
Experience
Personality
Incentives
Availability
Ask Why?
Understand their motivations
What research results and IP rights do they expect?
What will they contribute to the project?
Timeframe
6. Strategery
Determine the best mode of communication
Email or telephone
Pros & cons of each
Criteria to consider
Complexity
Timeframe
Capacity of Negotiator(s)
Volume of Proposed Revisions
The Golden Rule
The Big Picture
Remember the importance of the research
7. Strategery
Why develop a rapport?
Creates a relaxing environment
Mitigates the “adversarial” stereotype of a negotiation
Levels the playing field
How to develop a rapport
Ice Breaker
Teambuild
Get them to laugh….even if it’s at your expense!
Put yourself in their shoes
BE NICE!
It’s all how you say it….
8. Strategery
Ask for clarification when:
No rationale is provided
You need to discern what the true concerns are, so that
you can provide appropriate language alternatives
You need to “teambuild”, educate or elicit “conceptual
agreement”
Give them everything they need to say “yes”
Explain your position – detail the “why’s” and “why nots”
Give them the “why we need it” AND the “why it’s okay for them to
accept it” rationale
Provide “extreme” examples to demonstrate concepts
Provide rationale
Use the terms that already exist in your agreement
9. Strategery
Our Favorites
Stuff in Common: Weather, location, organizations,
kids, workload, etc.
Explanations For Dummies: Make yourself the
dummy
Start with: “Share with us” or “Help us understand”
Confirm understanding: “I just want to be sure that I
understand so that we may craft language that
meets the needs of both our institutions”
The Feel Good: “It seems that we’re on the same
page conceptually, we just need to make the words
match…”
10. Strategery
Developing rationale
The reality approach
The reality is…..
The peer pressure approach
Everybody’s doing it….
Reference other sponsors to reduce anxiety
“Keeping up with the Jones’”
The “reverse rationale” approach
Ask Sponsor to provide some examples to support their position
Ask if the tables were turned, would the same language be
acceptable to Sponsor
State the implications of the language in the reverse
The “Newspaper” approach
11. Strategery
Make it as easy as possible for them
Offer to draft/provide language based on conversation
Offer to talk with others to explain your position
Prime sponsors, legal team, others
Know when to hold ‘em
Risk Assessment
Pick your bargaining chips before you go into the discussion
“master of the obvious” language can be used
Language that THEY have proposed that is actually BETTER for us
Stuff we don’t care about
Be aware of when further discussions will not further your
cause:
You’re talking to the wrong person (authority/capacity)
The person does not understand
BE CREATIVE!
12. Strategery
Uh-oh...we’re not the only ones with Strategery!
Their Approach:
Lazy contracting
We have new agreement, policy, management
I’m new
Stall
Sneak stuff in
Send a contract with 8 pages of FAR clauses in 6 point
font and say they need it back tomorrow or you won’t get
the money
Call your PI
Call your boss
Call your PI AND your boss
13. Strategery
Email
Thank them profusely
“We look forward to working with you to finalize this agreement so that we can begin
this important collaboration…”
Point out what you have done to make it easier for them
“For your convenience, attached please find…”
Writing basics
Be personable but professional
Business writing
Spell and grammar check!
Be clear and concise
Understand that your message may be forwarded
Understand that your message may end up in an audit
If you are cc’ing people, let them know why, if they don’t already know, and
don’t cc bosses, higher ups unless you’ve given them ample opportunity to
“cure” their breach
Read your email as if you were receiving it from a sponsor/party with
whom you were negotiating…warm fuzzy, or prickly?…if prickly, START
OVER!
14. Strategery
Telephone
Thank them profusely
“We are looking forward to working with you to finalize this agreement so that we
can begin this important collaboration, and thought we could accomplish this more
quickly and easily via telephone…”
Introduce everyone
Talk about the weather, kids, dogs, big belt buckles
Name drop (use connections if you have them!)
Be proactive! Be the driver of the conversation -- driving does not mean
control, driving means steering, directing
Use references to promote positive conversation:
I think we’re close, we just have a few things we wanted to discuss
I understand your position
We share the same mission
Help me understand/Share with us
Get conceptual buy in
Give them a little rope….and then use it
Hear what they have to say re: why they have an issue with the language and use
that information to support your position (non-profits & IP ownership)
If you get stuck in a circular conversation:
MOVE ON
Suggest drafting language to send to them
Summarize the conversation, agreements and action items
15. Strategery
Remember when we said “it’s all how you say it”?
Buzz words:
Positive vs. negative
Positive
We look forward to, Collaboration, work together
Thank you for all of your time/Thank you for your efforts on our behalf
Tie it back to the important research
We are confident we will be able to reach terms that will meet the needs of
our organizations
PLEASE AND THANK YOU’S
Negative
Concerns
We cannot accept
Any form of can’t, won’t, don’t
In accordance with Policy
Why can’t you do this, or why did you do this
Anything that can be construed as rude, offensive, condescending,
sarcastic
Throwing people under the bus
17. Scenario #1: Confidentiality
Project: Evaluation of a learning program at
Sponsor’s facilities
University: Public
Type of Agreement: Sponsored Research Ag.
Sponsor: Mid-size local company
Sponsor’s Negotiator: Outside Legal Counsel
University Negotiator: SP Office
Extra Motivation:
First agreement between University and Sponsor
(PI considers this a critical partnership ~ with a
potential for future funding)
Work already started
18. Sponsor proposed the following language:
“2. Confidential Information. University acknowledges and agrees that the names and addresses of
the Sponsors Corporations’ benefactors, donors, corporate partners and affiliates
(collectively “Contacts”) and all other confidential information relating to those actual or
prospective Contacts as well as other information such as but not limited to curriculum
material, learning tools or teaching methods that has or could have commercial or other
value in the purposes for which the Sponsor or its Contacts are engaged or in which they
contemplate engaging and information, that, if disclosed without authorization, could be
detrimental to the interests of the Sponsor or its Contacts (the “Confidential Information”),
whether or not such information is identified as Confidential Information. By example, and
without any limitation, Confidential Information includes the Sponsor’s student records,
employee records, and the Sponsor’s and the Corporations’ corporate partner agreements,
benefactors lists, donors lists, information relating to the Sponsor’s curriculum, teaching methods,
copyrighted materials, software and graphics created for the benefit of the Sponsor, business
plans, strategy plans, development plans, accounting/financial records (including, but not limited to,
balance sheets, financial statements, tax returns, payable and receivable information, bank
account information and other financial reporting information), and private information related in
any way to correspondence, history, gossip, stories, facts, rumors, photos, data, and other
information not generally known by or available to the general public …”
NOTE: This is just the definition….they then went on to obligate us to keep EVERYTHING
confidential.
Scenario #1: Confidentiality
Actual Contract Language
19. Scenario #1: Confidentiality
Contract Issue(s):
Everything is confidential!
Relationship with Sponsor
Existence of the agreement, and the specific terms and conditions
Anything University personnel see while visiting the company’s
facilities
University shall not engage in gossip, rumors..
What’s your approach?
What do you need to understand about the University? The PI?
The Sponsor? The Sponsor’s negotiator?
What resources do you have available?
What examples would you use to explain your position?
How do you facilitate the negotiation?
20. Scenario #1 - Confidentiality
Here’s what WE did:
Confidentiality
Explained the University’s approach re: confidentiality based on the
nature of the Institution (including confidentiality of research results)
Explained that the reason “marking of confidential information” is being
requested, is to ensure that we are in fact able to uphold our obligations
under the agreement, in that everyone would clearly understand what is
to be considered confidential
Limited the scope/breadth by providing a more narrow definition of
Confidential Information
Gossip
Requested clarification of the intent (i.e., what are the Sponsors true
concerns
Used the “reality is” rationale:
I can’t even control gossip in our office
We are a research enterprise, and although we are in close proximity to
Hollywood….we don’t really care, now if Albert Einstein showed up…
In order to conduct the work, we cannot keep everything confidential
Put the onus on the sponsor
21. Scenario #2: IP
Project: PI-Initiated trial to treat psoriasis with
an FDA approved drug (approved for the use to
be studied)
University: Private
Sponsor : Big Pharma
Industry Negotiator: Internal Legal Counsel
University Negotiator: SP Office
Extra Motivation:
Parties negotiating for three months
PI is anxious ~ VCR/Provost has been informed
22. Sponsor originally proposed ownership of all
inventions but then proposed the following
language:
“6. PROPRIETARY RIGHTS
All information resulting from the Study conducted under this Agreement, including all
data, results, conclusions, discoveries, inventions, know-how and the like, whether
patentable or not (“Data”) shall be fully disclosed by Institution and/or Principal
Investigator to Sponsor.
Sponsor shall have the unrestricted right to freely utilize all such Data in
whatever manner it desires. All Data shall be the property of Institution.
Institution hereby grants Sponsor an exclusive, irrevocable, fully paid-up,
royalty free, worldwide license, with the right to sublicense, import, make, have
made, use, offer to sell, sell and have sold all such Data. Institution and/or
Principal Investigator shall assist Sponsor, at Sponsor’s expense, in the preparation of
all documentation necessary to effectuate and perfect Sponsor’s rights in such Data.”
Scenario #2: IP
Actual Contract Language
23. Scenario #2: IP
Contract Issues:
Outright grant of an exclusive license to everything
(inventions, data, know-how, etc.)
What’s your approach?
What do you need to understand about the University?
The PI? The Sponsor? The Sponsor’s Negotiator?
What resources do you have available?
What examples would you use to explain your position?
How do you facilitate the negotiation?
24. Scenario #2 - IP
Here’s what WE did:
Know-how and the like, whether patentable or not
Used combination the “reality is”/extreme example rationale:
Know how = what’s inside the researchers head, so short of doing a
brainectomy, or utilizing some sort of brain sucking machine…..how
would this information be transferred?
Explained that PI does not disclose “non-patentable” information to
us, and in addition, they only assign patents to us, so therefore
“patentable” is the only thing to which we would be able to provide
rights
Limited the scope/breadth by providing a more narrow definition of
Data
Sponsors use of data/exclusive license
Used the “it’s the law” rationale:
explained that a PI initiated study is not regulated by the FDA,
therefore the law does not require such broad access to data.
Explained that the granting of such a license would violate the tax
reform act, ultimately jeopardizing the nonprofit status of the
University
Language could result in University (public entity) subsidizing Industry
research – I get crabby about how you use my tax dollars
25. Scenario #3: Indemnification
Project: Development/Testing of a survey tool;
surveying alleged victims of elder abuse
University: Public
Type of Agreement: Collaboration Agreement
(No Funding)
Sponsor: County Agency
Industry Negotiator: Contracts Specialist
University Negotiator: SP Office
Extra Motivation:
Pressure from Sponsor to execute the agreement
(“There’s no funding ~ so what’s the problem?”)
Project linked to other ongoing projects
26. Sponsor proposed the following language:
“University shall indemnify, defend with counsel approved in writing by the
Sponsor, which approval shall not be unreasonably withheld, and hold the
Sponsor, and their officials, officers, employees, agents (“SPONSOR
INDEMNITEES”) harmless from and against any and all liability, loss, expense, or
claims for injury or damages arising out of the performance of this Collaboration
Agreement, but only in proportion to and to the extent such liability, loss, expense,
or claims for injury or damages are caused by or result from the negligent or
intentional acts or omissions including the actual or alleged sexual misconduct
of University , its officers, employees, or agents.
Sponsor shall indemnify, defend, and hold University, its officers, employees, and
agents harmless from and against any and all liability loss, expense, or claims for
injury or damages arising out of the performance of this Collaboration Agreement,
but only in proportion to and to the extent such liability, loss expense, or claims for
injury or damages are caused by or result from the negligent or intentional acts or
omissions of Sponsor, its officers, employees, or agents.
Scenario #3: Indemnification
Actual Contract Language
27. Scenario #3: Indemnification
Contract Issue:
University is to indemnify, for all acts or
omissions, including alleged or proven sexual
misconduct or abuse
What’s your approach?
What do you need to understand about the University?
The PI? The Sponsor?
What resources do you have available?
What examples would you use to explain your position?
How do you facilitate the negotiation?
28. Scenario #3 - Indemnification
Here’s what WE did:
Sponsor was also a State of CA entity
Used the “it’s the law” rationale:
We’re all one big happy family and you should know we can’t
accept liability that extends beyond our negligence
Referenced and requested we utilize language negotiated in
previously accepted State of CA agreements
Do as I say, not as I do – used the “reverse” rationale –
would you accept this language as a State entity….well,
same answer for us.
Used combination the “reality is”/extreme example
rationale:
Elder abuse population may pose an increased risk re:
allegations of sexual misconduct, which may result in
increased associated defense cost
There are costs associated with defending allegations that
may not result in an actual finding of misconduct, therefore
this would fall outside of the “negligence” arena
30. Keys to Expediting Your Negotiations
Getting Unstuck
Don’t delay!
Be proactive and responsive
Establish a timeline/deadline for response
Press “0”
Stalkers are people too!
Identify others
Google is a wonderful tool
Involve your PI
Utilize previous contacts
Be creative!
31. Keys to Expediting Your Negotiations
Develop an Officer Tool Kit
Provides one-stop shopping for all resources related
to topic/sponsor issues
Rationale
Template language and agreements
Access to internal/external guidance
Previously negotiated agreements (and the
corresponding history)
Shared access
Enhances consistency
Self-updating
32. Keys to Expediting Your Negotiations
Internal Training
Build a Foundation
Build an in-depth knowledge of applicable policies,
laws, resources
Language
Build a strong conceptual understanding of the
language
Teach the Approach
Find/Be a Mentor (sit in on live phone negotiations)
Troubleshooting in a team environment
It’s ongoing!!! Stay current!!!