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Media Negotiation Techniques

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BATNA

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Best Alternative to Negotiated Agreement: The best outcome available if negotiations fail. It can be applied when a media company negotiates a distribution deal, ensuring they have alternative distribution channels ready.

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Split the Difference

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Proposing to meet halfway as a compromise. This can be a fair solution when negotiating terms for a collaborative media project where both parties have equally important contributions.

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Interest-Based Negotiation

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Focusing on the underlying interests and needs rather than positions. This approach is useful for media partnerships where the parties' interests are aligned, such as co-producing a television series.

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ZOPA

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Zone of Possible Agreement: The range within which a deal is satisfactory to both parties. This is used when TV networks negotiate carriage fees with cable providers, with both parties understanding the acceptable fee range.

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The Nibble

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Asking for a small concession that hasn't been previously discussed after the deal is nearly done. Often used in media service contracts where one party may ask for additional edits, features, or services as a 'small' favor.

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Framing

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The technique involves presenting information in a certain way to influence perception and decisions. A media marketer may frame a content licensing deal in terms of audience reach and brand enhancement.

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Incremental Concessions

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Gradually conceding on some points in exchange for gains on others. It's applicable in negotiations for advertising rates, making small concessions to close a deal while maintaining most of the asking price.

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Good Cop/Bad Cop

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A team negotiation tactic where one party plays a more agreeable and lenient role (good cop) while the other assumes a tough and critical position (bad cop). Media companies may use this to obtain more favorable terms from contract workers or freelancers.

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Win-Win Negotiation

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A negotiation approach where all parties feel they have achieved a desirable outcome. This works well when a media company collaborates with a sponsor, aiming for a partnership that benefits both.

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Anchoring

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The practice of establishing a reference point (the anchor) around which the negotiation will revolve. It's commonly used when film producers set an initial high price for movie distribution rights to steer negotiations upwards.

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Silence as a Strategy

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Remaining silent at strategic points to prompt the other party to speak more, often revealing information or making concessions. Used by negotiators to learn more about the opposing party's position in program syndication talks.

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Mirroring

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A communication technique that involves repeating or paraphrasing what the other party has said to show understanding and build rapport. In media negotiations, it can be used when discussing contract terms with talent agencies.

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Brinkmanship

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The technique of pushing negotiations to the brink of collapse to achieve a more favorable position. Media companies might employ this in high-stakes rights negotiations to force a better deal.

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Highball/Lowball

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Starting with a deliberately high or low offer, expecting it to be negotiated to a more reasonable middle ground. This can be utilized in media advertising sales or content syndication rights.

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Relationship Building

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Creating and maintaining a personal rapport to facilitate ongoing negotiations. This is key when negotiating recurring deals, such as with annual television network upfronts with advertisers.

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Package Deal

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Combining several issues or items for negotiation into a single proposal. This is especially relevant when a media agency bundles ad slots with premium placements for a packaged rate.

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Scorched Earth Tactic

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A negotiation approach where one party adopts a hardline position or approach, potentially destroying the relationship if the deal collapses. This might occur in exclusive content negotiation when a media company refuses to license content elsewhere if the current negotiation fails.

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Deadline-Driven Negotiations

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Using the presence of a deadline to create a sense of urgency and pressure. Film studios may use this when bidding for script rights before other studios have a chance to make an offer.

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