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Summit Panel Discusses ‘Herding Your Lawyers’—How to Turn Attorneys into Collaborators Using New Tools and Tricks of the Trade

Posted By Cynthia B. Hanson, Tuesday, March 27, 2018

At the 2018 Global Alliance Summit, attorney Bill Kleinman, a partner at Haynes & Boone, LLP, leads an intriguingly titled panel discussion on “Herding Your Lawyers: Turning Negotiators into Collaborators.” Law schools prepare lawyers as zero-sum negotiatorsnot collaborators, Kleinman asserts. But when alliance professionals can turn their attorneys into collaborators, it benefits their partnerships. Kleinman’s panel includes two seasoned alliance managers to help him demonstrate approaches, techniques, and tools for negotiating collaboration: Nancy Breiman, CSAP, director, global alliances at IBM, and Bernie Hannon, CSAP, strategic alliance director, Citrix.  The panel plans to use interactive tools for negotiating a strategic alliance to prepare for a mock negotiation between a municipal lighting supplier and an artificial intelligence company for smart cities lighting. For the March 2018 edition of eSAM Plus and for this blog post, I had the pleasure of interviewing all three session leaders about their insightful session before the 2018 Summit, whose theme is “Propelling Partnering for the On-Demand World: New Perspectives + Prov­en Practices for Collaborative Business” and will be held March 26-28 in Fort Lauderdale, Florida, USA. The following article continues the conversation that begins in eSAM Plus.   

How can these techniques and tools be applied in multi-party collaborations?

Bill Kleinman: I’ve set up the tools for a two-party alliance, but I have used them in multi-party alliances. I have used them in five- and six-party alliances.

Nancy Breiman: Using these tools, even if it’s only with two parties, has incredible value. But I have tried to work in partnerships where there are multiple parties involved, and no one has figured that out yet. It’s very challenging on multiple fronts. Where I’d like to test the waters on this is with IBM’s blockchain ecosystem strategy. With blockchain technology, you have to have multiple parties in the ecosystem. It’s the nature of the beast.

Kleinman: Multiple parties are exponentially harder. But one of the tools we look at, which we call alliance swim lanes, permits as many partner lanes as we want.

Breiman: But then you will have five sets of KPIs, five sets of IPs, etcetera, to deal with.

Kleinman: It’s definitely a multiplier.

Hannon: The more complexity, the more need for structure. What Bill is proposing here for a two-party agreement is all the more critical when it involves multiple parties. It speaks to the need to come up with something that is structured and allows for the same discovery and results when multiple parties are involved. That is so much harder to achieve without tools. I wouldn’t even attempt to do a multi-party collaboration without tools like this.

What are some of the other collaboration challenges this session will address?

Breiman: There is no way to separate the legal construct and thinking from the alliance construct. A good alliance manager will have both party’s needs top-of-mind. You need to represent your own company while being sensitive to the needs of other partners. The legal team needs to be part of the team up front and part of the collaboration process. I don’t think they are separated.

Hannon: If you can avoid some of the trial-and-error aspect of the maturation process, you are going to be in a better position to produce better partnerships sooner.

Breiman: Bernie and I together have a lot of years of alliance management under our belts. For new people, its hard to bring them into the business because its one of those roles where maturity, seniority, and experience are needed. New alliance managers without a lot of world experience can avoid a lot of the pitfalls using these tools.

How do you apply these techniques and tools in your alliance management positions?

Kleinman: I’ve probably been using these tools over the last 10 years, and they have developed over time. They are based on things that I have come up with and read about in literature.

Hannon: I am just learning about this process in this engagement with Bill and Nancy. I have a very forward-looking view of this. A lot of the negotiations I’ve been involved with until now were done the old-fashioned way. Things have changed enough in these industries that we need to find new outcomes. Partnerships tend to be more enduring when founded on objectives and outcomes that are perhaps more mutually desirable than in the past.

The views represented by Nancy Breiman and Bernie Hannon are their own and do not necessarily reflect their company’s perspectives. For more information on this and other Summit sessions, go to http://asapsummit.org/.

Tags:  alliance  alliance professionals  Bernie Hannon  Bill Kleinman  Citrix  Collaborators  Haynes & Boone  IBM  Lawyers  Nancy Breiman  Negotiators  partnerships  techniques  tools 

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