What are some of the negotiation approaches that are most likely to achieve a deal in Italy?
Cross-border M&A transactions are usually more complex and sophisticated when compared to the domestic ones. This is primarily due to the fact that there is a need to bridge the cultural differences of the involved parties as well as the practical approaches adopted by the same.
I would advocate doing your homework and coming to the negotiation table well prepared and ready to discuss each and every issue involved in the deal with a sufficient degree of legal and business technicality
Appointing an M&A attorney as chief negotiator is a smart move, since it is important to avoid assigning the lead negotiator role to the representatives of the parties or to consultants from other companies involved in the specific cross-border M&A transaction.
The appointment must be made with care though, since establishing trust and respect between the negotiator and the foreign counterpart is crucial. The foreign counterpart must be able to rely on the integrity and expertise of the M&A attorney acting as chief negotiator.
In terms of the negotiation itself, I would suggest using a variety of tempos, allowing the counterparts to take time to reflect on the topics at stake. Pushing for an immediate response on the issues addressed can be counterproductive, most counterparts will want to acquire advice prior to coming back to the negotiation table.
Always maintaining full consistency and coherence during the negotiation stages and on the topics addressed, ensuring that the issues faced during the negotiation are all well-reasoned and handled.