Seven wastes of negotiation: Difference between revisions

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{{a|negotiation|}}''To be merged into [[A faster horse - technology article|a faster horse]]''<br>
{{a|negotiation|}}''To be merged into [[A faster horse - technology article|a faster horse]]''<br>
The [[Toyota Production System]] (TPS)  was created by Toyota’s chief engineer Taiichi Ohno to eliminate [[waste]], called “muda.” [[Waste]] — as opposed to ''cost'', is the enemy on any production line: a process that is expensive but necessary must add value<ref>If it costs more than the value it adds, consider why you are engaged in the process at all. You have a loser of a business.</ref> and you should be cool about paying a fair value for it. Processes which do ''not'' add value are intrinsically wasteful.  To eliminate waste, you have to know exactly what waste is and where it exists. Ohno categorised [[seven wastes|seven types of waste]] and for each one, suggested reduction strategies.
The [[Toyota Production System]] (TPS)  was created by Toyota’s chief engineer Taiichi Ohno to eliminate [[waste]], called “muda.” [[Waste]] — as opposed to ''cost'', is the enemy on any production line: a process that is ''inherently necessary'' must add value, even if it is expensive<ref>If you can’t configure it so it costs less than the value it adds, consider why you are running the process ''at all'': you have a loser of a business.</ref> so you should be cool about paying a fair value for it.


In a glorious bit of sympatico, the categories of waste cross over pretty well to the contract [[negotiation]] process, a fact which seems to have escaped every [[management consultant]] who has ever ruminated on the issue. A lot of them have.  
Processes which do ''not'' add value are inherently wasteful. The job is to eliminate waste, not cost ''[[per se]]''. To get rid of waste, you have to know exactly what waste is and where it exists.
 
Doctor Ohno categorised [[seven wastes|seven types of waste]] and for each one, suggested reduction strategies.
 
Even though he was talking about a phyiscal manufacturing line, Doctor Ohno’s categories of waste cross over pretty well to the contract [[negotiation]] process, a fact which seems to have escaped every [[management consultant]] who has ever ruminated on the issue. A lot of them have.  


Anyway, here, with feeling, are the seven wastes, as applied to contract [[negotiation]]:
Anyway, here, with feeling, are the seven wastes, as applied to contract [[negotiation]]:


===Overproduction===
===1. {{wasteprov|Overproduction}}===
Simply put, overproduction is to manufacture an item before it is required, or where it is not eventually required. In the contract negotiation world, “manufacture” is [[sales]]-led and the negotiation process necessarily involves client interaction, so overproduction does not seem on point at first. But is it?
''Don’t make what you don’t need.'' <br>
*The revenue accruing to a broker out of the contract generation process is not a function of generating that contract, but of trading under it. A {{tag|contract}} that is concluded but rarely or never traded under is an example of [[over-production]].
 
*Thus, generating agreements that don't get traded on is a form of over-production.
Don't make things ''before'' they are needed, or if they ''aren’t'' needed. Seems obvious, right? In the contract [[negotiation]] world, “manufacture” is [[sales]]-led and the negotiation process with direct client — you can’t negotiate without one, so there is buyer for every product, right? — so {{wasteprov|overproduction}} seems irrelevant. But is it?
*This is generally a [[sales]] problem. It is not easy to fix as it involves predicting the future, but the costs can at least be allocated to sales (in the same way that revenue is!)
*Many {{tag|contract}}s get negotiated, but never executed: the client may not be serious, it may change its mind, or it may not accept your fundamental terms. Some times this is foreseeable, but it should be [[Sales]]’ job to identify and weed out clients who are highly likely never to executed a contract. Finding out you have a deal-breaker after a nine-month negotiation is a ''huge'' waste of time and resources.
*Even where the contract is executed, the revenue that accrues is not a function of executing the contract, but ''trading'' under it. A {{tag|contract}} that is concluded but rarely or never traded under is an example of [[over-production]]. Again, Sales should be responsible for identifying good quality potential revenue, and should be [[incentive|incentivised]]<ref>This means penalised for costs the same way Sales is rewarded for revenues.</ref> not to introduce poor prospects into the funnel.
 
'''summary''': {{wasteprov|Overproduction}} is generally a [[sales]] problem. It is not easy to fix as it involves predicting the future, but the costs can at least be allocated to sales (in the same way that revenue is!)


===Waiting===
===2. {{wasteprov|waiting}}===
Whenever goods are not moving or being processed, the waste of waiting occurs.  
Whenever goods are not moving or being processed, the waste of {{wasteprov|waiting}} occurs.  
*'''Drafts out to client''': The negotiation process requires client input. Waiting on that is wasteful and is largely outside our control? Largely but not entirely: the ''easier'' and ''less objectionable'' we can make the client’s review, all other things being equal, the faster it will come back.  How to make it easier and less objectionable?
*'''Drafts out to client''': The negotiation process requires client input. {{wasteprov|waiting}} on that is wasteful and is largely outside our control? Largely but not entirely: the ''easier'' and ''less objectionable'' we can make the client’s review, all other things being equal, the faster it will come back.  How to make it easier and less objectionable?
:*'''Make it ''shorter''''': the fewer words to read, the faster you read it.
:*'''Make it ''shorter''''': the fewer words to read, the faster you read it.
:*'''Make it ''nicer''''': Don’t include terms you don’t ''really'' need. Do you really need that [[NAV trigger]]? Before you say yes we do need it, ask yourself, ''“how many times have I ever actually enforced a [[NAV trigger]]?”''<ref>The answer, for the fiendishly interested, is ''never''.</ref>  
:*'''Make it ''nicer''''': Don’t include terms you don’t ''really'' need. Do you really need that [[NAV trigger]]? Before you say yes we do need it, ask yourself, ''“how many times have I ever actually enforced a [[NAV trigger]]?”''<ref>The answer, for the fiendishly interested, is ''never''.</ref>  
*'''[[Escalation]]''': Eventually the client comes back to you, and they don’t like that NAV trigger. The negotiator needs to escalate this to the [[credit]] team. This involves composing that email, sending it and waiting for [[credit]] to read it  and answer. [[Credit]] will, eventually, be fine with dropping the [[NAV trigger]] — that is a 15 sec decision, but it took 24 hours to achieve. Reduce this wait time by:
*'''[[Escalation]]''': Eventually the client comes back to you, and they don’t like that NAV trigger. The negotiator needs to escalate this to the [[credit]] team. This involves composing that email, sending it and {{wasteprov|waiting}} for [[credit]] to read it  and answer. [[Credit]] will, eventually, be fine with dropping the [[NAV trigger]] — that is a 15 sec decision, but it took 24 hours to achieve. Reduce this wait time by:
:*Standardising terms to pre-approve obvious giveaways empowering negotiators to approve common points of contention
:*Standardising terms to pre-approve obvious giveaways empowering negotiators to approve common points of contention
:*Recalibrating standards to reducing gap between “starting offer” and “walkaway point” so that escalation not necessary:
:*Recalibrating standards to reducing gap between “starting offer” and “walkaway point” so that escalation not necessary:
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:*Legal opinions  
:*Legal opinions  


===Transporting===
===3. {{wasteprov|Transporting}}===
Transporting product between processes is a cost incursion which adds no value to the product.  
{{wasteprov|Transporting}} product between processes is a cost incursion which adds no value to the product.  
*Escalation points  
*Escalation points  
*Execution processes  
*Execution processes  
*Storage processes  
*Storage processes  


===Over-processing===
===4. {{wasteprov|Over-processing}}===
Often termed as “using a sledgehammer to crack a nut,” many organizations use expensive high precision equipment where simpler tools would be sufficient.
Often termed as “using a sledgehammer to crack a nut,” many organizations use expensive high precision equipment where simpler tools would be sufficient.
*Credit points never used  
*Credit points never used  
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*Reading/reviewing unnecessary/convoluted text  
*Reading/reviewing unnecessary/convoluted text  


===Unnecessary Inventory===
===5. Unnecessary {{wasteprov|Inventory}}===
Work in Progress (WIP) is a direct result of overproduction and waiting.  
Work in Progress (WIP) is a direct result of overproduction and {{wasteprov|waiting}}.  


===Unnecessary Motion===
===6. Unnecessary {{wasteprov|Motion}}===
This waste is related to ergonomics and is seen in all instances of bending, stretching, walking, lifting, and reaching.
This waste is related to ergonomics and is seen in all instances of bending, stretching, walking, lifting, and reaching.
*Hand-offs  
*Hand-offs  
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*Escalations  
*Escalations  


===Defects===
===7. {{wasteprov|Defects}}===
Having a direct impact to the bottom line, quality defects resulting in rework or scrap are a tremendous cost to organisations.
Having a direct impact to the bottom line, quality {{wasteprov|Defects}} resulting in rework or scrap are a tremendous cost to organisations.
*the more complex the product, the more room for error
*the more complex the product, the more room for error


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