Negotiation Tactic #18 – Clarifying the Ground Rules

Summary: Creating rules to help enable a win-win negotiation.

Although creating ground rules for conducting a negotiation is not necessary with the majority of counterparts, it may sometimes be in your best interest to do so.

Example

At a negotiation between the union and management team of a Fortune 100 company, the union president and 25 of his closest friends showed up to negotiate. Parts of the negotiation resembled the scene in the famous movie Animal House, when the student body held a trial to formally put the naughty fraternity on probation. There were so many sidebar conversations and comments made by people not leading the negotiation, it was difficult to tell who was really in charge of the union’s team. Just as management started to make progress, someone on the union team would disagree. In this case, the first issue that should have been negotiated was how many players each team could have in the room at one time and who would be allowed to speak on behalf of each team.

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Nonverbal Negotiation Skills

Researchers in nonverbal communication claim that as much as 90 percent of the meaning transmitted between two people in face-to-face communication is nonverbal. This means that little of your verbal communication will have an impact on the outcome of your negotiations! If these figures are even close to reality, the importance of nonverbal negotiation skills cannot be overestimated.

Learning the language of nonverbal communications is almost as difficult as acquiring fluency in a foreign language. In addition to studying your own gestures and the meaning you are conveying, you must also become aware of what your counterpart is conveying.

Gesture Clusters

Many skeptics argue that it is difficult to tell what someone is thinking by singling out one gesture: and they are right. A single gesture is like a single word; its true meaning is difficult to understand out of context. However, when gestures come in clusters, their meaning becomes clearer. For example, while a person’s fidgeting may not mean much by itself, if that person is avoiding eye contact, holding his hands around his mouth, touching his face and fidgeting, there’s a good chance he is not being totally honest.

As you study nonverbal behavior, you will begin to understand the clustering process. When scanning a counterpart for clusters of gestures, a good formula to follow is to divide the body into five categories:

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