How can you negotiate with an unyielding party during a Theatrical Production contract?

1 Identify the interests

Before you start negotiating, you need to understand what each party wants and why. What are their goals, needs, preferences, and motivations? What are their alternatives and constraints? What are their priorities and trade-offs? By identifying the interests behind the positions, you can find out what is really important for them and what is negotiable. You can also use this information to frame your proposals in a way that appeals to their interests and shows them the value of your offer.

2 Build rapport and trust

Negotiating with an unyielding party can be frustrating and tense, but you should not let your emotions get the best of you. Instead, you should try to build rapport and trust with them by showing respect, empathy, and curiosity. You can do this by using positive language, listening actively, asking open-ended questions, acknowledging their concerns, and finding common ground. By building rapport and trust, you can create a positive atmosphere for the negotiation and reduce the chances of conflict and misunderstanding.

3 Use objective criteria

One of the reasons why a party may be unyielding is because they have a subjective or unrealistic view of what is fair or reasonable. To overcome this, you should use objective criteria to justify your offer and evaluate their offer. Objective criteria are standards or benchmarks that are independent, verifiable, and relevant to the negotiation. For example, you can use market rates, industry norms, expert opinions, or legal precedents to support your arguments and show them why your offer is fair and reasonable.

4 Generate options

Another reason why a party may be unyielding is because they have a fixed or limited view of what is possible or acceptable. To overcome this, you should generate options that can satisfy both parties' interests and create value for the negotiation. Options are alternative ways of meeting the needs and goals of both parties. For example, you can use brainstorming, creativity, or collaboration to generate options that can expand the pie, increase the benefits, or reduce the costs of the agreement.

5 Use leverage

Sometimes, a party may be unyielding because they have more power or influence than you in the negotiation. To overcome this, you should use leverage to balance the power and influence the outcome. Leverage is the ability to influence the other party's behavior or decision by affecting their alternatives, costs, or benefits. For example, you can use your BATNA (best alternative to a negotiated agreement), your deadlines, your network, or your reputation to create leverage and persuade them to make concessions or accept your offer.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?