Annie's Reading Room
What if they use dirty
tricks? or Taming the hard bargainer
When someone is being “tricky,” most people respond one of
two ways: 1) put up with it and hope it appeases the other side or 2) respond
in kind.
Tricky bargaining tactics are in effect one-sided proposals
about negotiating procedure, about the negotiating game that the parties are
going to play. To counter them, you will want to engage in principles
negotiation about the negotiating process itself.
How do you negotiate about the rules of the game?
There are three steps in the rules of the negotiation game
when the other side seems to be explicitly using a tricky tactic: recognize the
tactic, raise the issue explicitly, and question the tactic’s legitimacy and
desirability. Then, negotiate over it.
Separate the people
from the problem. Don’t attack the negotiator personally for using the
tactic you consider illegitimate. Question the tactic, not their personal
integrity.
Focus on interests,
not positions. Ask: “Are you trying to protect yourself from criticism? Is
it in our mutual interest to have both of us use this tactic?”
Invent options for
mutual gain. Suggest alternative
games to play.
Insist on using
objective criteria. And be hard on the principle. Try out the principle of
reciprocity. Frame the principle behind each tactic as a proposed “rule” for
the game.
And as a last result, turn to your BATNA, and walk out.
Some common tricky tactics
Deliberate deception.
This includes misrepresentation about facts, authority, or intentions.
Regarding ambiguous authority, it is suggested that before
starting on any give-and-take, find out about the authority on the other side.
It is perfectly legitimate to inquire, “Just how much authority do you have in
this particular negotiation?” If the answer is ambiguous, you may wish to talk
to someone with real authority. In addition, it is best to clarify early on
that “nothing is agreed until everything is agreed” so that any effort to
re-open one issue automatically opens all issues for negotiation – from both
them and you.
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| "Yes, But..."What if they won't play? |
Psychological warfare.
These tactics are designed to make you feel uncomfortable, so that you will
have a subconscious desire to end the negotiation as soon as possible. This
could include stressful situations, which could be as simple as the temperature
in the meeting place or if the room is too noisy. It is up to you to negotiate
better physical circumstances in an objective and principled fashion.
In addition to manipulating the physical environment, there
are also ways for the other side to use verbal and nonverbal communication to
make you feel uncomfortable, or on the extreme side, engaging in personal
attacks. Recognizing the tactic will help nullify its effect; brining it up
explicitly will probably prevent a recurrence.
The good guy/bad guy
routine. The very same from old (and new) police movies are a form of
psychological manipulation. If you recognize it, you won’t be taken in.
Threats. The goal
of most threats is to impart pressure. Warnings are much more legitimate than
threats. “So you are not surprised, here is a draft of the press release we
plan to issue if our contract is not renewed.”
Positional pressure tactics
Refusal to negotiate.
What can you do when the other side refuses to negotiate all together? First
recognize the tactic as a possible negotiating ploy: an attempt to use their
entry into negotiation as a bargaining chip. Second, talk about their refusal
to negotiate. And finally, insist on using principles.
Extreme demands.
Bringing the tactic to their attention works well here. Ask for principled
justification of their position until it looks ridiculous even to them.
Escalating demands.
Call the tactic to their attention and perhaps take a break.
Lock-in tactics.
This approach puts the negotiator in a situation that is seemingly out of their
control. An example would be if a union representative made a public statement
to accept no less than a 15% salary increase. She therefore seems to have her
hands tied unless she wants to lose face. You can resist lock-ins on principle.
Hardhearted partner.
This tactic involves assigning “blame” to a hardhearted, often non-present
partner. Rather than discussing it with the other negotiator, you may want to
get his agreement to the principle – perhaps in writing – and then if possible
speak directly with the “hardhearted partner.”
A calculated delay.
Nearing a deadline, the other side hopes to put pressure on you to give in.
Look for objective conditions, and create a fading opportunity (i.e. begin
negotiations with a third party who is interested in your property).
Take it or leave it.
Consider ignoring this phrase at first and keep talking as if you didn’t hear
it.
And, that wraps it up! This overview was pretty in depth, so I don’t think you would actually need to read the entire book to understand the general principles. However, if you were to find yourself going into a negotiation, I think having a copy of this book nearby would be an excellent insurance policy.
My next post will be the first one of our new book, Lead
With a Story by Paul Smith.
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