Defining Success in Negotiations: The Columbia University Example
INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Michael Marino.
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In our continuing series on the art of negotiation we have discussed several core concepts, along with principles that go to the heart of being prepared for negotiations, and setting a framework for success. Today we want to take snapshots of headline news to review how our prior discussion points: preparation, listening, respect, leverage and yes: “when to hold em , and when to fold them” come to Life. In the end what matters how the “client”, the government, a corporation, a university, a celebrity, and all of us at the Farmers Market, define success. “Success” in negotiations in determined by whether the result achieved the core objective of determining what best for going for you: the organization or the individual. Others may debate, critics may speculate perceive you won—or lost—but the conclusions of others do not define the result, or the definition of success.
Among many examples in the news there are varying views and commentary on how Columbia and other universities responded to recent student demonstrations and various lawsuits with the federal government. Regardless of one’s characterization or perspective on who held, and who folded, our examination is on the process. In handling these negotiations with the Secretary of Education the president of Columbia outlined her objectives and her decisions. The final resolution was determined a success by the organization to move forward and do what is does best: that’s “success”, regardless of the spectrum of analysis by commentators on either side.
Only you can decide whether the negotiation for those San Marzano tomatoes at the Farmers’ Market was a success. I know what I am willing to pay. I want those tomatoes. I’ll push, respectfully, as hard as I can, and when the Farmer reaches his limit, I’ll fold! But “folding” is not capitulation. It’s a success I will enjoy tonight with my burrata.
These principles apply to all forms of negotiations. I was once sent to close a long term manufacturing facility where the work was being transferred to Mexico and the plant closed because of the high cost of operations. I had worked for many years with the union’s chief negotiator, a first-class representative of his workforce. Even though the facility had dwindled from hundreds of employees to ten, those remaining all had 40 or more years of service. These were old fashion, highly skilled, generational workers. The Union rep did not want them to lose their last productive years, for reasons of dignity as to maximize the contributions to their pensions. We came up with a unique solution that the corporation signed off on. We developed a “legacy contract”, to allow the remaining ten to finish out their work under the existing collective bargaining agreement. We then developed, and the union agreed, to a New Model Manufacturing Agreement, that essentially was under the same terms and conditions of other of the corporations existing manufacturing facilities….It worked. Under the new terms, the plant became competitive, and employees were hired. This had not happened in a decade. A success for both sides.
In the celebrity world, and in the corporate liability world, high visibility means there can be a generational impact because of social media. As soon as an allegation is made, of a misdeed, or poor judgment, or a defective product, the power of social media changes both the leverage and the definition of success. Like the challenges facing the universities, time is not on the side of the defendant. You really can win the battle and lose the war. Resolving a dispute on terms acceptable to the client and the organization constitutes “success”. However in the social media area the second guessing, Monday morning quarterbacking, and conclusions not based on facts, can be blistering.. In the end, what matters.
Thus, in today’s fast pace, social media dominated world, you may have a legally defensible, and winning position. But at what cost. The shelf life of celebrity can be fleeting. You may not be able to wait years for vindication. So, you determine the best resolution, what constitutes “success”, and you move forward. Listening, respect, knowing your objectives and achieving them. That’s success!!
Michael Marino is a NYC-based management labor, employment and entertainment lawyer who for decades has represented corporations, executives, celebrities, sports figures, and influencers. A member of the College of Labor and Employment Lawyers, he has tried federal court cases across the country and negotiated hundreds of collective bargaining and marketing agreements. Before entering private practice, he served proudly as an officer in the United States Marine Corps, and as Special Counsel to the Secretary of the Navy. He is a graduate of Georgetown University Law Center, Syracuse University College of Law, and Cornell University’s School of Industrial and Labor Relations.
Learn more at https://www.seyfarth.com/people/michael-f-marino.html/.
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