Creating A Winning Business Partnership

Small business owners often choose a sole proprietor business structure when starting up. The road to entrepreneurship can lonely. Greater rewards may result from forming a business partnership. Partnerships offer more freedom for business owners with shared business tasks and the potential to earn greater profits. Yet, according to BizStats.com., over 72% of all small businesses are sole proprietors as opposed to 6% in the form of partnerships. A partnership business can be a relationship disaster or a positive experience. Before you form a business partnership consider the following: 1. Creating A Winning Business Partnership Have The Same Vision: For a partnership to be successful, all parties involved must agree on the same strategic direction of the company. If one partner wants to build a national chain of retail outlets and the other would just like to earn a decent living, the business will fail in no time. Set a clear agreed course for the business that meets the needs of both partners. Define Business Roles: A winning business partnership capitalizes on the strengths and skills of each partner. Divide business roles according to each individuals strengths. E.g. one partner may be strong in marketing, operations and finance, the other sales, human resources and leadership. Avoid the 50-50 Split: It may seem logical and fair to split the share of ownership into an equal 50%. However, this ownership structure can impair decision making in the future. Instead of having decisions stalemated, consider a 49% to 51% split. If this is not possible, an outside board for bigger issue disagreements can help your company from being deadlocked on decisions. Hold A Monthly Partner Meeting: A strong business partnership is built on an open communicating relationship. Meet on a monthly basis to share grievances, review roles and provide constructive criticism. Create A Partnership Agreement: It is simple to set up a partnership because no legal documents are needed. Partnerships are often an oral agreement between two or more parties. Potential problems can be averted down the road by drawing up a legal partnership agreement. 2. Contents Of A Business Partnership Agreement What should be covered in a good business partnership agreement? According to the Small Business Administration(SBA), the agreement should include the following:

 Amount of equity invested by each partner. Type of business. How profits and loss will be shared. Partners pay and compensation. Distribution of assets on dissolution. Provisions for changes or dissolving the partnership. Dispute settlement clause. Settlement in case of death or incapacitation. Restrictions of authority and expenditures. Length of partnership Building a small business can be more rewarding and profitable in a partnership environment. Consider a business partnership structure when you have someone to compliment your skill set and add value to your company. Partnerships can work when the right foundation is laid in the beginning.

A Customer's Perception of Relationship between Buyer & Seller

It is impossible to set up any yardstick for relationship between a buyer and a seller. No two organizations can have similar set of rules for maintaining relationship. Even if on a particular occasion a situation prompted a particular behavior, it is not necessary that a similar behavior is necessary on another occasion. The time, place and group of person might be the same but behave in different way, though circumstances and situations might be identical. To a great extent relationship depends upon the: character of contracting parties. This is thus a study of human behavior and forms part of the behavioural science. Here the contracting parties do not mean only those who are in direct contact but also include those who might be present around. No person is acting in isolation. Therefore, there is always an influence of surroundings on human behaviour. A buyer is also a seller. A seller is also a buyer. Both could also be customers. To make the point clear let us take the example of a trader who buys goods for resale or a buyer who buys goods and then sells it after value addition. Therefore , you can not show same behaviour when you are in the role of a buyer as then your priorities are different then when you are in the role of a seller. Let us for some time consider our own behaviour in our own house with our family members. Are we at all times act in similar manner in a given set of situation? Perhaps not! What are the factors that motivate our behaviour? It is my sincere opinion that our senses, mental state of mind and our capacity of physical endurance to react to given situation play an important role in our behaviour as seller, buyer or customer. At no two given time perhaps we are in alike condition. Our behaviour will therefore, show different relationships. The relationship is product of our own emotions. We may be have more or less in similar given condition if we can control our emotions. This is very difficult if perhaps not impossible. Looking purely from the viewpoint of a customer the relationship could be short time or long time. It is Primarily dependent on the objective of the customer and the supplier or vendor.. A customer will always wish for a long term relationship with the vendor. The vendor on the other hand has his own values and objectives. The whole talk about customer satisfaction or customer delight turn meaningless when all over the place we see customers not satisfied with the service level provided by the vendors. Whether it is sellers market or buyers market in India generally the customer is taken for granted and his endurance is tested to breaking limit. We have live examples of customer taken for a ride all around us. The voter is customer to the Government elected by him. In return he is entitled for certain basic fulfillments of promises by the elected members of the Government. This is the guarantee clause attached to the democratic system. But where are we in customer satisfaction. What

about a builder who has taken advance from persons who booked the flats and then fails to provide the flats by scheduled dates? Or if he has provided the flat then the work is not done as promised. We talk of customer focused management. Who is the customer we are talking about? It is the ultimate user of goods and services? It is an intermediate customer like trader or value adder? Or it is the internal as also external customer? Perhaps we are referring to the ultimate customer. Who so ever it may be, there is a foundation laid to build up or develop relationship on business objectives. The business objectives are based on the return on the investment. Speaking as a matter of fact no businessman will extend any facility without charging the price to remain remunerative on the investment made. The talk about the customer focus is a mere slogan and a jargon used by management pundits. To explain the point precisely let us see some of the motives kept in mind to set objectives for customer satisfaction. 1. Personal Gains : 0ne of the parties for its hidden desire of some personal gain develops relationship by showing friendship, nearness and some advantage. The personal gain is so intense that the party pretend to be a well wisher of the other. In more than 60% cases innocent people fall prey to the cunnings of one party and repent later. There are several cases in Indian industry where for personal gains deals have been finalized both in public and private sectors. Some have been termed as scams other as scandals. This does nor require any further explanation. 2. Mutual Gains : The two parties In this situation joint together for mutual gain irrespective of the fact that by their personal gains the organization they serve and the ultimate customer is going to suffer. This involves a give and take policy. One is giving advantage to the other for mutual gains at the cost of their organizational interest. Both are cheats and form an unholy alliance. The organization should see through their game plan and take corrective action in time lest loose the ultimate customers. Unfortunately such mutual gain programmes are on rise in present day economic scene. Many a time dealership is awarded on consideration of mutual gains. This is very common in large variety of consumer durable, projects floated for investments in mutual funds, plantation programme etc. Where every day we read in newspapers that customers are left with hardly any avenue for relief. The principal party and agents just disappear in thin air. Very little legal remedy is available against such unholy alliances. Many eminent personalities have formed such unholy alliances for mutual gains to attract simple customers. 3. Social Gains: Alliance formed for social gains are those where society at large is the gainer. Nationalization of banks, petroleum companies, coal-mining industry are few examples of alliances formed for social gain. The objective was to ensure proper and planned growth of core, sector and save the customers and public at large from exploitation. The story is however, different as desired objectives could not be reached due to formation of alliances in Government and within organizations based on personal or mutual gains. Nowhere the focus is on customer. Many of us have experienced rude and unbearable treatment at nationalized banks while drawing our own money. We are drawing our money and not

begging. I have seen a senior citizen at the bank counter virtually begging for hours to get his pension cheque encashed. It is an ordeal to get the bank draft made at the banks. However, this are easy if one enters into unholy alliance for mutual and personal gains. 4. Organizational Gains : This is the area where we should have main thrust for long-term benefit to customers. Customer focused management should be the only objective of every organisation. It is at this place that buyer, seller and customer should form a strategic alliance without taking advantage of one or the other. If they join hand and work for all round gain then the result would be great. The theory of organizational gain in many western nations, Japan and some other southeastern countries have already been recognized. These countries have long back focused their business on customer satisfaction and customer delight. Unfortunately, in India even alliance made with industrial giants and premier brand names of these countries could not show the same results. The only reason that come to my mind is that we as Indian do not have a sincere desire or managerial attitude towards customer focused business or trade. The Indian entrepreneurs perhaps still not aware of market volatility and the foreign partners have studied the Indian business mentality. Unfortunately, the economic planners and their mentor have not seen the plight of ultimate customer both in the industrial or domestic consumables. There remains a gap in programmes and implementation. This is again due to the relationship developed for personal or mutual gains. It is for this reason that Indian economy is not able to reach to a level where it should be after 51 years of independence and our rich heritage. None of our programmes and policies are really customer oriented. It is therefore, right time that management at least in Indian industry try and focus attention on the customers. 5. One Time Gains : There are situations where a relationship is made for one time gain. Both the parties join together, fulfil the task expected from each and then depart with no obligation what so ever on either side. All onetime contracts are example of such one time gain. Once the deal is concluded the relationship is severed. But do we have such one time gain contracts? 6. Permanent Gains : Such alliances are made in business world for long time gain to both the sides i.e., the buyer and seller. This is more or less lifetime alliance and therefore, permanent in nature. The buyer or customer gets goods or services from a supplier for a life time use. The seller on the other hand buildup a life time goodwill. This is based on zero defect principle. The seller ensures that after sales service is provided to the customer for the life time utility of the product, goods and services. The customer receives maximum return on his investment. A satisfied customer is perhaps the best and least costly advertiser. A dissatisfied customer is perhaps the worst enemy moving loose in the cruel world of business. Recommendation of a delightful customer is having stronger unpack on prospective customers than any amount of multimedia advertisements. A goodwill build upon satisfied customers will be more potent for growth in sales than any sales promotion gimmicks adopted by any smart salesman. Several examples of customers delight are av ailable for goods and services. A customer makes sacrifice and in return he expect that he is relieved of after

purchase headaches and botherations. For the sacrifices made the customer expects sound sleep in the night. 7. Promotional Gains : Such alliances are formed at the time of launching of a new products and or a company. Glorious future is projected to lure the prospective customers. Alliance is made between the launcher and brokerage agency or advertising agency. Both the partners to the alliance are gainers. The customer may or may not be the gainer. It is therefore, clear that objectively all relationships first of all have vested interest. When we talk about the customer-focused management we implied to certain predetermined objectives as narrated above. Organizational culture, the work environment and the perception of seller about customer focus play a very important role in setting up the objective for customer satisfaction. In the business world the relationship are not platonically constructed. There has to be some motive! Holy or unholy. The management pundits in recent past in India have been quoting and advocating for Japanese style of buyer and seller relationship. It is long lasting and rests on very well established sense of trust. Above all both parties have real price in such long-term relationship. Customer delight is there fore possible. Japan can boast about the national culture and all citizens have great patriotism. This is reflected in there business dealings. It is for this reason the war shattered country rose to a dominating economic and trading force in about thirty years. Japan can today proudly say that it has best of alliances world over. Other nationals look forward to enter in to business collaborations with Japan. India is also one such nation! Over and above personal or mutual gains a Japanese concern would also see the national and social gains. This is customer-focused management. Can we in India have same perception and fix up out strategies for customer satisfaction and elight? Unfortunately in India Japanese collaboration could not get same amount of success due to attitude and outlook of their Indian Counterpart. Opening of economy and liberalization in trade in the country brought a sea of change in customers perception of buyer and seller relationship. The customer today is not only very demanding but also likes to know the relationship between the supplier of goods and services and its relationship with the manufacturer or principal and its antecedents. It is on this relationship depends the guarantee and warranty terms to which the customer is entitled. A customer expects trouble free service during the guarantee period. Thereafter it is expected that a product will last to its full productive life with minimum down time and the vendor will provide the required support service to ensure that customer is not put to trouble. What is the scene today? There has been a wide gap between the preaching and practice. Very few organizations in the country with certainty can say that their main concern is the customer, By and large even today customers are taken for granted. The objective today also is same what it was yesterday! Just pass on the goods. Get the payment and forget the customer. It is indeed surprising to see the cases pending before the consumer courts. Some of the TV channels have also started programmes to help customers and provide some assistance

in solving customer-related problems. To narrate some examples of famous brand names and their customer oriented programmes I first refer to a customers letter in a newspaper where after making advance payment a company could not supply a well advertised cooking range for weeks. It is only after prolonged correspondence and follow up the money was returned to the prospective customer without any interest. A friend has some time back purchased a Samsung TV set from an authorized dealer. The TV set developed some problem and it stopped showing picture. Inspite of regular complaints the TV set is still not rectified as the dealer feel that guarantee period is over and dealers responsibility is over. Beside, the service engineer i& over worked attending long list of complaints. The famous AIWA brand of music system came out with sales promotional scheme on its music system with supply of fifty CDs free of cost. Many of the customers are still to get all the CDs. A local dealer of computer came out with a sale promotional scheme of cash discount if an Ink Jet printer and a scanner is taken as a package. I become a victim myself when the scanner was collected back by the dealer for repairs after three days of delivery and only after scanning four or five pictures. It is now more than three weeks that a brand new scanner highly recommended by the dealer is not returned after repairs. Most-depressing part is that neither the dealer nor the service center at Delhi could provide positive reply except that they want me to bear some more time with them These are few examples of customer oriented, customer focused management by International Brands. What return is there on the investment made by the customer? The vendor is concerned with getting his money and goes for all sorts of savings by remaining understaffed and under prepared for immediately and promptly attending to the complaints. The situation in large number of big and small public and private sectors is still worse as far as purely Indian market is concerned. What we are now witnessing is an era of takeovers, mergers and business adjustments. Survivals first than the customer is buzz word. In such a situation the customer is out of focus. Commitment is lacking and generally there is an air of doubt and mistrust. Delayed deliveries, cost-over run projects, untimely payments frequent rejections are the consequences. MNCs entry in the local market has created an atmosphere of uncertainty. Top it all the Swadeshi slogan led to a situation of panic and every surviving industry small or big want to make a quick-buck and run away leaving the customer marooned. Be it power supply, railway amenities, air services or public distribution system, what is customer level of satisfaction compared to the price paid? How the international customer rates us in global scene? We have to admire the patience of Indian customer that against all the adverse conditions he is surving. The deaf ear given by the seller is not motivating the buyer but some how he is compelled to tag along with the market conditions hoping to get better days. We leave lot of things to luck and destiny while making financial investments. If it works we are lucky. It is destiny if things do not work. If issue relating to complaint are followed up the customer is a naggingone. For adopting Japanese management or for customer oriented management we should first have the willingness and a determination much above the petty personal gains. It needs an attitudinal change. Looking towards present socioeconomic and political conditions such change is not foreseen in immediate future. Market forces will have to play the game with only customer in mind if India has to make global presence. There is little time in hand as we

are having challenges from all sides. Small nations like Korea, Taiwan, Singapore etc. have already surpassed us. These nations are working on a vision and resultant plans. It is the right time for market players to pamper the customer. As the saying goes, the four deadly sins of corporate management-complacency, blindness, megalomania, and greed. The Chinese know the rule but Japanese observed it that business go where it is invited and stays where it is well treated. Customer is the Boss. The price is what customer pays for goods; the goodwill is what vendor receives from the customer for the value he receives from the goods. It is the value part of the goods that is very important. That is why it is said that customer is the profit everything else is overhead!.

Closing negotiations

Closing Signals The closing of a negotiation represents the opportunity to capitalize on all of the work done in the earlier phases, and needs to be handled carefully. There are a number of signs that indicate that the opportunity for closing negotiations is approaching: The difference in the position of the two parties narrows significantly. The objections and counter arguments have begun to fade; this may well indicate that all of the major points of contention have been addressed satisfactorily. The other side indicates that they would like to see a draft final agreement or contract. This indicates they are willing to spend time examining the fine detail of the proposed deal. In complex negotiations it can sometimes be necessary to wait before making a final commitment. This allows both sides time to think, to digest the whole proposal and to decide whether they are genuinely happy with the terms set out. In some cases it may even be a good tactic for the seller to suggest a pause for reflection - especially where the deal is one round in a long term relationship. In large scale deals the pause required between agreeing in principle and formalizing the deal by exchanging contracts may be days, weeks, or even months. It is the buyer who decides when to sign and any external pressure brought to bear upon them may backfire - even jeopardizing an otherwise done deal. The research that youve done in the preparation phase, combined with all of the information that youve gained since should be used to guide you. You should be aware of the options available to the other side, the importance of the deal and the risks inherent in delaying - as well as those associated with putting pressure on the other side. Tactical Manoeuvres Negotiations continue right up until the deal is finalized - and in some cases they continue even beyond that! You should be aware that the other side may try to pull a last minute tactical manoeuvre. This is often a try-on based on the premise that you have invested a lot of time and energy in the negotiations and are more likely to accommodate such a request, rather than jeopardize the whole deal. Here is an example: Well, weve examined your latest draft proposal carefully and subject to the issues weve just agreed we will recommend acceptance . . . on one condition - that were only committed to the maintenance contract for one year and not three. Last minute requests such as this are often a re-iteration of a request made during the bargaining phase, in which case you should be prepared for it. The correct response to a last minute demand will depend on the importance of the deal, the positions reached whilst bargaining; the state of the competition and the nature of the request. You should be aware that if you re-open negotiations on any point raised at the last minute, that this may postpone or even remove the opportunity for closing. Dont forget that

the other side has also invested a lot of time and energy into the negotiations and may be as keen to do the deal as you are. Once negotiations have reached their closing phase even an initially weak position may be significantly stronger than it was. Stay Calm If the other side makes a sudden announcement or shows an abrupt change of tactics, once the closing phase has started, it is important to remain calm. There is nothing to be gained by reacting with alarm, dismay or incredulity. Maintain a professional attitude and ensure that you understand all of the details of the change in their position. Depending on how fundamental their proposed change is, you may find it advisable to seek an adjournment whilst you consider your response, or you could simply move the discussions onto areas that can be finalized. This latter course of action may re-introduce a spirit of co-operation that can help you later, when their change in position has to be addressed. You should be prepared for a last minute tactic, particularly if the other side has repeatedly raised an issue that remains unresolved. Practice your reactions to surprise information, develop a calm and professional exterior regardless of how shaken up you may be feeling. Timing Your Request T he bargaining phase is effectively over, you have talked through virtually all possible permutations and options - at least it will probably feel that way. The points of contention have been addressed and you believe that youre respective positions are probably about as close as theyll get. Up until now it has been all talk. Decisions are harder - because making decisions is a thing that almost everyone finds difficult. Just before you ask for the other sides commitment can be a good time for a short adjournment. Take a few minutes to gather your thoughts, if appropriate consult with your team in private. It is important to avoid any interruptions when delivering your closing statement, so brief your team not to interrupt or distract you and deliver it in a style that discourages interruption from the other side. Also, avoid the presence of any hitherto uninvited third parties - who may wish to revisit areas that have already been settled. Experienced negotiators will develop their own approach to actually asking for commitment from the other side and this approach should be adapted to each specific negotiation. You could conduct a high level review of the major points that have been agreed and that together indicate that an agreement is likely. At the same time ask questions that will illicit a positive response, as keeping the overall tone positive will favour a commitment to the deal that you are seeking. You could keep an ace up your sleeve - some special terms or concession that you have not used up until now. This can be held back and used in the event of the other side hesitating at the point when you ask for their commitment. The use of this tactic requires foresight and planning - to ensure that you have something left to offer at the end of the bargaining phase. You could pick up on a point made by the other side and use it as the catalyst for closing. For example, That was an excellent point I think that in the light of that we have the basis for agreement . You could emphasize how far your two positions have come together. For example, I think weve made a lot of progress today, and I would like to table this draft agreement.

Signing the Deal Once the other side has responded to your closing statement and any questions have been answered - this is the best time to ask them for their commitment by producing the contract or agreement, and indicating to them where they should sign. Act naturally, you may feel like your heart has jumped into your throat but appear as cool, calm and professional as possible. Whilst the other side is signing, continue talking in a friendly and relaxed way, diverting attention away from any ceremonial importance of the occasion. You have now said and done everything that you set out to. Wait for the other side to speak - either to make the commitment that you seek, or to ask for clarification on one or more issues. At this time you should be in possession of all the facts to answer these to their satisfaction. Once you have the agreement signed you should obey the salesmans golden rule - Once youve sold . . . shut up. Without appearing to be in a rush you should aim to leave t he negotiating table as quickly as courtesy allows. Stay Professional When an agreement has been reached and the deal is signed, sealed and delivered there are a couple of important issues that still need to be addressed. You should try to manage both sides feelings of success. It is not a good idea to openly celebrate your skill in securing a deal that was beyond your wildest dreams. It is far better to make the other side feel that they have come out of the negotiations with the best deal that they could have secured. This will help to create maximum stability in the new agreement - as it should prevent it from being undermined by doubts and recriminations. Furthermore, by disguising any private feelings of elation you will pave the way for an easier passage in any future negotiations with them. Whether your negotiations have been conducted by you individually or as part of a team it is a good idea to assess your performance. The overall success or failure of the process shouldnt unbalance this analysis. Avoid singling out individual team members and rebuking them publicly for errors that they may have made. However a private discussion with them on how to avoid repeating such mistakes may prove worthwhile. The Value of the Relationship An important point to remember is that the negotiators will have developed a significant experience of dealing with the other party, that a relationship will have developed and that this may well represent a valuable communication path between the two organizations. Furthermore the in depth experience that the negotiators have developed surrounding the written terms of the deal may also prove to be an important source of reference to their parent organizations. Negotiated agreements do occasionally fall apart and one of the best insurances against this happening is to keep the negotiators involved in the implementation phase of the deal. In practice, this may mean little more than making sure that they are on the circulation list for reports and other communications regarding the implementation. Even at this level they may be able to read subtle indications that things are not running smoothly and to initiate appropriate action, when others involved in the implementation may not.

Good Questions vs. Bad Questions in negociation

Asking questions the right way is both an art and a science. Ask the question the wrong way and a person might act like a turtle, becoming defensive and withdrawing into their shell. Ask the questions another wrong way and a person might roar back at you like an enraged lion. Ask it the right way, and the person might 'spill the beans' like they use to say in those old black and white movies. During a negotiation, we need to learn how to ask questions to get vital information, and we need to think about how to ask questions to get our counterparts to talk. These really are the only two types of questions. Good questions produce results while bad questions don't. Sounds simple enough, doesn't it? But what's the real difference between the two? Let's take a look and hone our communications skills. A. Effective and Useful Questions The following are the most productive types of questions to ask in a negotiation. When you are attempting to elicit information, you need to phrase your question with the objective that you will obtain a beneficial and productive response that you can use to you advantage. 1. Open-ended questions These are the kinds of questions that require a detailed answer in a negotiation and cannot be simply replied to with a 'yes' or 'no' response. They consist of using who, what, where, when, why, and how. The respondent has no alternative but to provide some detail. Example - ' How did you arrive at that particular price?' 2. Open opportunity question This form of question invites the person to participate and offer their views. Example - ' What do you think of this option as a solution?' 3. Leading Question Just like it sounds, you try to guide the person to your point of view in a persuasive manner. Example - ' With all these advantage I've pointed out, don't you think that this package benefits us both and is the best way to go for both of us?' Or, another form of leading negotiation question simply tails off and invites the other person to fill in the blanks. Example - ' And after we provide those documents that you just mentioned, you will....?' 4. Low key question This is a gentle way to ask a question and not trigger an emotional or hostile response. Example - ' How much more will this cost if we chose this additional feature?' Sequential questions Sometimes, it can be very good strategy to ask a series of questions to lead up and achieve a particular result conclusion. Generally, it might be a good idea to plan these in advance.

Example - ' And after you complete the first delivery, how long will it take for you to have the second shipment ready and sent to us?' 5. Flattery question This is an effective means to be both complimentary to your counterpart while eliciting information from them, both at the same time. Everyone responds well to a friendly compliment. Example - ' Could we draw upon your particular and specialized expertise to add some input into this particular issue?' 6. Probing deeper question When you need to gain a better insight into a person's thought process to further illuminate their rationale or position. Example - ' Could you provide us with more detail in how you analyzed the data that you just described and how you reached your conclusion?' 7. Emotional thermometer There are occasions when you will sense that something might be starting to boil beneath the surface. This might be a good time to address a pending emotional response that might de-rail the negotiation by simply checking out how the other person feels about certain issues. Example - 'How do you feel about that aspect of settlement package?' B. Landmine questions These are the kinds of questions that can be very counter productive, confrontational and evoke negative emotional responses. When used in wrong stage of a negotiation, you might put your counterpart on the defensive or cause them to respond aggressively in return. Either way, your negotiation could end up being de-railed without your intending to selfdestruct. 1. Aggressive Certain kinds of question can result in being too pushy, especially when used at the wrong stage of your negotiation. Example - 'You're not trying to pull a fast one on us are you?' 2. Loaded This style of question puts the person on the hot seat regardless of they respond to the answer, and therefore in very defensive position. It is very aggressive. Example - 'Do you expect me believe that this is the only acceptable solution that you will accept?' 3. Emotional Trigger Certain questions will definitely result in triggering a powerful emotional response particularly when posed with a tint of arrogance or insulting scorn. You are definitely not going to add to your knowledge base by adopting this type of question because it's like shooting yourself in the foot in the process. Example - 'Do you really think that this ridiculous proposal is worth wasting my time?' 4. Impulsive This is the type of question that pops out of your mouth before you gave it any thought. Always think - then ask, not the other way around. Any inappropriate question can serve as an example here.

5. Tricky These are the questions that are loaded with innuendo, and may imply a threat or some similar action. Example - 'Are you going to cede to the demands we've outlined, or take us to arbitration?' This is not to say that occasionally the so-called bad questions aren't productive in prompting a necessary reaction or response in the right situation to move things along. However, they are not the kinds of question that will elicit badly needed information, or that can be positively used when you are trying to build a partnership or relationship with your opposite number. Summary When you are asking questions to get information you need to evaluate the circumstances of your negotiation, you want your counterpart to work with you and not against you. It is important to think about how to best use your communication skills to get the best results. The manner in which you ask you questions can have a powerful bearing on the results of your negotiation so, and as they say, 'Think before you speak.'