Read the book "Getting to Yes" on negotiation
Dirty Tricks (strategies) …with responses:
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Legends:
Black- Question/response from other party
Red- Your response to tricky question
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What do we do when the other side…
1. Goes beyond
exaggeration and states as “fact” numbers or situations that you know or are
pretty certain are simply untrue?
Really! That’s a surprising figure/fact. In fact, it conflicts
strongly with our own idea on that subject. Can you help me to understand the
gap? I will of course need to be able to show my own colleagues how you get to
that figure. (Objective criteria)
2. Asks “Don’t you
trust me?”
It’s not a matter of trust! We need to keep things objective and
verifiable, because it may not be you and me in this position next year. (Objective
criteria)
3. Appears to reach agreement
on everything and then, at the last minute, claims they need approval from
someone else in his organization?
Really! In that case, we may have to start the whole process again
with your superior, or whoever has the necessary authority to make this deal.
Note: if this is true, you failed to diagnose and shape the game
properly; you were negotiating with the wrong person. Your task now is to step
back, re-shape the game and insist that any stepping back by the other side
from apparent agreement releases you from your part in that agreement, too
(reciprocity). If this is not true and is simply a trick to demand more
concessions, the task is the same.
4. Talks a very good game, but
you feel very strongly that they do not intend to keep their part of the
bargain, and you doubt their intentions?
Since you appear confident about your ability to do what you say, I
can see no reason why we can’t make our agreement contingent on your doing just
that.
Note: Compliance or contingency clauses will normally deal with
these issues. You may also wonder why they are taking this line, what are their
real interests (Objective criteria, Re-explore interests)
5. Plays psychological games eg
with the environment (too hot, too cold, too bright, too dark)
I’m sorry, I’m just too hot/cold to concentrate. Can we meet
somewhere else?
(Recognize and address, re-shape the game)
6. Makes personal attacks on
you – verbal assaults, interrupting the negotiation for spurious reasons and
keeping you waiting, attacking your status etc?
I’m puzzled by your approach. Why is that? If you really feel like
that, I’m surprised that you are still in the room.
(Recognise and address, Step back and re-shape)
7. Plays good cop/bad cop?
Excuse me if I’m mistaken, but it seems that you two don’t seem to
agree with each other on these matters. Would you like a time-out?
(Recognise and address)
8. Goes beyond warnings about
consequences and makes naked threats?
It would be a shame if it came to that. I prefer to deal with issues
on their merits. Can we step back for a while and see how we ended up in
this situation?
Note: If you respond to threats, your ability to negotiate in the
future and your reputation will be seriously compromised. (Recognise and
address, Step back and re-shape, Objective criteria)
9. Sticks rigidly to a position
and refuses to negotiate further in the hope of claiming more concessions
without reciprocal movement?
Can you tell me why you feel so strongly on this point? Maybe we
need a break to re-assess the progress we have made so far.
(Step back and re-shape, Clarify interests)
10. Makes an extreme and
unreasonable offer in order to secure a split-the-difference advantage?
That’s way out of line with what we had in mind. I’d like to know
more about how you came to that figure. If it’s reasonable, we’ll have to
re-think our own understanding of the issue.
(Objective criteria, Clarify interests)
11. Expresses strong intention
to agree and then adds “one more thing”?
As we said before, nothing is agreed until everything is agreed. So,
if you now want to add another item to the agenda, we will have to re-examine
everything. Also, before we go on, are there any other issues at all that you
are thinking of bringing to the table?
(Step back and re-shape the game)
12. Delays and delays and
pushes you up against a hard deadline (often when you are booked on a long-haul
flight)?
Note: This trick is evidence of a poor relationship or perhaps
desperate tactics on the other side’s part – maybe their boss has demanded a
better deal for them. In any event, it is a good idea where possible to have an
open ticket that can be changed with little or no cost to you. If you don’t
have this, you may have to fall back on:
I won’t make a bad agreement just to make a plane. Let’s re-schedule
and, if you feel you are really ready to work towards an agreement, I’ll come
with an open ticket next time. I will need to be sure that you want to make a
deal, however.
(Recognise and address, Step back and re-shape the game, Clarify
interests, Develop BATNA)
13. Says “Take it or leave
it!”?
I came here to negotiate, not to respond to an ultimatum. It’s a
pity, because there are many parts of this deal that are attractive to both
sides. How about looking at this whole deal in a different way? Why don’t we
take a completely fresh look at things to see where we can find other options?
If you don’t feel open to that, I’ll definitely have to consider other
alternatives.
(Recognize and address, Seek options, Develop BATNA)
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