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Negotiating the Impossible by Deepak Malhotra

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14LEVERAGING THE POWER OF EMPATHY

Deal Making with a Gun to Our Head

IWAS HELPING A CLIENT—a US-based technology venture—negotiate a commercial agreement (CA) with a company in China.1 The two companies already had a different agreement in place; one year prior to my involvement, they had signed a “Joint Development Agreement” (JDA). According to the terms of the JDA, the Chinese company would provide cash for further development and testing of our technology, and would also start working towards the design of a manufacturing facility for the product. In return, our company would give them early access to our product and work with their engineers to help them prepare for an eventual commercial agreement with us. There was no obligation on either ...

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