Negotiation Tactic #20 – Isolating Agreement

Summary: Discussing the issues that can be easily agreed on before addressing the difficult issues.

In complex negotiations, there are usually many deal points that need to be discussed and negotiated. Issues such as price, delivery schedules, service agreements, warranty, who will actually perform the work, training, and how add-ons or additional work will be handled are all examples of negotiable issues that need to be determined. If both parties are close to agreement on these issues, it may be best to discuss them first in the negotiation.

Example

When unions and management teams negotiate, they almost always negotiate the easiest points up front, and then save the economic issues for the very last. This serves two purposes. First, it speeds up the negotiation by getting resolution to the issues on which both parties agree. Second, it helps build the relationship between counterparts by allowing them to reach agreement on the easier issues.

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Negotiation Tactic # 19 – Moving the Goalpost

Summary: Adjusting goals when it appears the original goals are unobtainable.

Sometimes you may be unable to accomplish your negotiation goals. In those instances, it may be best to quickly switch goals. For example, if you are buying a house and the seller wants a price that is unacceptable to you, you may first try the tactic of YIKES! You’ve Got to Be Kidding! If that doesn’t work, you may try to support your offer with Facts and Statistics. But if both these tactics are unsuccessful and you realize your original goal is unobtainable, you may need to change your goal.

Example

An individual buys a two-thousand-dollar couch from a furniture warehouse. When the couch is delivered, the buyer finds out that its springs make exceedingly annoying squeaks whenever anyone sits down. The initial goal of the buyer is to get the furniture warehouse to replace the couch with a new one. But when the buyer calls, the manager states that the company is going out of business, so all sales are final. All the tactics the buyer has initially planned to use (e.g., stressing the value of a long-term relationship, threatening to report the company to the Better Business Bureau) will be useless since the seller has no commitment to the relationship. So the buyer decides to switch her position and asks, “If you will not replace the couch, will you at least come to my home and see if there is anything you can do to fix the squeaks?” The seller agrees. After examining the problem, the manager puts the buyer in contact with the manufacturer, who agrees to send out a service technician to fix the problem or replace the couch.

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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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Always Counter the First Offer in a Negotiation

Empty Conference RoomOne of the most frequent questions I am asked is, “Should I counter or should I accept the first offer?” This is usually followed by, “I don’t want to jinx my deal by countering when I felt the original offer was acceptable.”

As a general rule, you should never accept the first offer. Why? People expect you to counter and I believe you should not disappoint them. When you don’t counter the original offer, you leave your counterpart with two bad thoughts: they should have made an even better first round offer, and there must be something wrong with your willingness to agree so quickly.

Let’s say that I’m selling my used 2008 Ford F150 King Ranch pick up for $21,000. You come by to look at my truck, take it for a test drive and then return, saying, “Your truck is in excellent condition and I am comfortable with the $21,000 price. Would you prefer a cashier’s check or all cash?” Now you have left me with the terrible thought that I priced my truck too low and I now think I could have easily gotten more from you. On top of this, I may be suspicious about you wanting to finalize the deal so quickly.

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Negotiation Tactic #17 – Sweetening the Deal

Summary: Adding an extra or add-on to make a deal work.

At times you may need to add a little something extra to make a deal work. For example, a salesperson may decrease the price of a product, add a warranty or training at no additional charge, or agree to extend a sale price to make a deal more enticing. This tactic of offering an extra or add-on is called Sweetening the Deal.

Example

A customer tells a carpet saleswoman, “Your carpet is a dollar per yard more expensive than your competitor’s.” The seller Sweetens the Deal by saying, “I will carpet each of your closets for free if you will sign the contract today.”

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Negotiation Tactic #16 – The Ultimatum

Summary: Making a final, specific demand to force a counterpart to make a decision.

From time to time it may be in your best interest to “draw a line in the sand,” or create a rule that allows you to hold your counterpart accountable. One tactic you can use is to tell your counterpart the actions you will take if your conditions are not met.

Example

A client calls a consulting firm and asks to tentatively reserve a date for a seminar to be presented at her company in approximately six months. Three months prior to the date in question, the consulting firm calls the client and asks her to confirm the reserved date or the firm will have to offer it to another client who has requested the same day. The client is told that a confirmation is needed within twenty-four hours, which makes the deadline her Ultimatum.

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Negotiation Tactic #15 – Trade-Off Concession

Summary: Getting something in return for everything that is given up.

A good rule to remember in negotiation is to get something in return every time you give up something.

Example

A home buyer states, “I will buy your house for $480,000, but for that price, you will have to throw in your washer and dryer.” The seller responds, “If I do that, you will have to close escrow in thirty days,” or, “You will have to pay $482,000.”

If the seller does not get a trade-off every time she makes a concession, her counterpart will most likely ask for more concessions. Then, if the seller suddenly says, “Wait a moment. I already gave you the washer and dryer, and now you are asking for more concessions,” the buyer can respond, “Why are you bringing up the washer and dryer? We already agreed to that.”

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Negotiation Tactic #14 – Facts and Statistics

Summary: Using statistics to support an offer or a point of view.

Anytime you can incorporate Facts and Statistics into your presentation, you have a tool that your counterpart will find difficult to handle. Reliable facts can add a tremendous amount of power and credibility to your case. But be careful—if you quote statistics incorrectly and your counterpart proves you wrong, you lose your credibility. Once this happens, you have to fight twice as hard to gain any deal point.

Example

An employee goes to his boss with a recently published salary survey documenting that the employee’s salary is significantly below market. The employee has pulled Facts and Statistics that examine salary levels by industry, position, and geographic location to demonstrate the discrepancy.

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Empathy in Negotiation

Two figures on the chalk board to signify Empathy in NegotiationFormer President Bill Clinton famously told us, “I feel your pain.” I am unsure if he truly had empathy for those who were listening and if he really felt our pain, but I do know that to be an effective negotiator, once must learn to show empathy.

Empathy is defined as “the intellectual identification with or vicarious experiencing of the feelings,
thoughts, or attitudes of another.” In a negotiation, empathy is an important asset because it allows both counterparts to see the other’s perspective and conduct the negotiation in a way that is beneficial to both parties.

Another benefit of empathy lies in the fact that if you properly construct your reflective response, your counterpart’s natural reaction will be to provide more explanation and information. You will find the following tips helpful in learning to be more empathetic.

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Negotiation Tactic #13 – That’s Not Good Enough

Summary: Saying that the last offer is unsatisfactory in order to get a counterpart to make a better offer.

The idea behind this tactic is very simple. When someone makes you an offer you think could be improved, you simply respond, “That’s Not Good Enough.” Then pause and let your counterpart make the next response.

Example

Henry Kissinger, Secretary of State under Richard Nixon, was a master at this tactic. According to one story, his chief of staff once handed in a report he had written on an aspect of foreign policy. When Kissinger received the report, he asked simply, “Is this your best work?” The chief thought for a moment and, worried that his boss would think the report was not good enough, responded, “Mr. Kissinger, I think I can do better.” So Kissinger gave the report back. Two weeks later the chief turned in the revised report. Kissinger kept it for a week and then sent it back with a note that said, “Are you sure this is your best work?” Realizing that something must have been missing, the chief once again rewrote the report. This time when he handed the report to his boss, he said “Mr. Kissinger, this is my best work.” Hearing that, Kissinger replied, “Then this time I will read your report.”

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