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kkintle · 3 years

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Never Split The Difference by Chris Voss; Quotes

· Calibrated questions: queries that the other side can respond to but that have no fixed answers. It buys you time. It gives your counterpart the illusion of control—they are the one with the answers and power after all—and it does all that without giving them any idea of how constrained they are by it.

· While I wasn’t actually saying “No,” the questions I kept asking sounded like it. They seemed to insinuate that the other side was being dishonest and unfair. And that was enough to make them falter and negotiate with themselves. Answering my calibrated questions demanded deep emotional strengths and tactical psychological insights that the toolbox they’d been given did not contain.

· “I’m just asking questions,” I said. “It’s a passive-aggressive approach. I just ask the same three or four open-ended questions over and over and over and over. They get worn out answering and give me everything I want.”

· Fisher and Ury’s approach was basically to systematize problem solving so that negotiating parties could reach a mutually beneficial deal—the getting to “Yes” in the title. Their core assumption was that the emotional brain—that animalistic, unreliable, and irrational beast—could be overcome through a more rational, joint problem-solving mindset. Their system was easy to follow and seductive, with four basic tenets. One, separate the person—the emotion—from the problem; two, don’t get wrapped up in the other side’s position (what they’re asking for) but instead focus on their interests (why they’re asking for it) so that you can find what they really want; three, work cooperatively to generate win-win options; and, four, establish mutually agreed-upon standards for evaluating those possible solutions.

· This mentality baffled Kahneman, who from years in psychology knew that, in his words, “[I]t is self-evident that people are neither fully rational nor completely selfish, and that their tastes are anything but stable.”

· Through decades of research with Tversky, Kahneman proved that humans all suffer from Cognitive Bias, that is, unconscious—and irrational—brain processes that literally distort the way we see the world. Kahneman and Tversky discovered more than 150 of them.

· Kahneman later codified his research in the 2011 bestseller Thinking, Fast and Slow. Man, he wrote, has two systems of thought: System 1, our animal mind, is fast, instinctive, and emotional; System 2 is slow, deliberative, and logical. And System 1 is far more influential. In fact, it guides and steers our rational thoughts. System 1’s inchoate beliefs, feelings, and impressions are the main sources of the explicit beliefs and deliberate choices of System 2. They’re the spring that feeds the river. We react emotionally (System 1) to a suggestion or question. Then that System 1 reaction informs and in effect creates the System 2 answer. Now think about that: under this model, if you know how to affect your counterpart’s System 1 thinking, his inarticulate feelings, by how you frame and deliver your questions and statements, then you can guide his System 2 rationality and therefore modify his responses.

· Emotions and emotional intelligence would have to be central to effective negotiation, not things to be overcome. What were needed were simple psychological tactics and strategies that worked in the field to calm people down, establish rapport, gain trust, elicit the verbalization of needs, and persuade the other guy of our empathy.

· It all starts with the universally applicable premise that people want to be understood and accepted. Listening is the cheapest, yet most effective concession we can make to get there. By listening intensely, a negotiator demonstrates empathy and shows a sincere desire to better understand what the other side is experiencing.

· Psychotherapy research shows that when individuals feel listened to, they tend to listen to themselves more carefully and to openly evaluate and clarify their own thoughts and feelings. In addition, they tend to become less defensive and oppositional and more willing to listen to other points of view, which gets them to the calm and logical place where they can be good Getting to Yes problem solvers.

· Tactical Empathy. This is listening as a martial art, balancing the subtle behaviors of emotional intelligence and the assertive skills of influence, to gain access to the mind of another person. Contrary to popular opinion, listening is not a passive activity. It is the most active thing you can do.

· Life is negotiation. The majority of the interactions we have at work and at home are negotiations that boil down to the expression of a simple, animalistic urge: I want.

· Negotiation serves two distinct, vital life functions—information gathering and behavior influencing—and includes almost any interaction where each party wants something from the other side.

· In this world, you get what you ask for; you just have to ask correctly. So claim your prerogative to ask for what you think is right.

· The first step to achieving a mastery of daily negotiation is to get over your aversion to negotiating. You don’t need to like it; you just need to understand that’s how the world works.

· Effective negotiation is applied people smarts, a psychological edge in every domain of life: how to size someone up, how to influence their sizing up of you, and how to use that knowledge to get what you want.

· Remember, a hostage negotiator plays a unique role: he has to win. Can he say to a bank robber, “Okay, you’ve taken four hostages. Let’s split the difference—give me two, and we’ll call it a day?” No. A successful hostage negotiator has to get everything he asks for, without giving anything back of substance, and do so in a way that leaves the adversaries feeling as if they have a great relationship. His work is emotional intelligence on steroids.

· Good negotiators, going in, know they have to be ready for possible surprises; great negotiators aim to use their skills to reveal the surprises they are certain exist.

· In negotiation, each new psychological insight or additional piece of information revealed heralds a step forward and allows one to discard one hypothesis in favor of another. You should engage the process with a mindset of discovery. Your goal at the outset is to extract and observe as much information as possible. Which, by the way, is one of the reasons that really smart people often have trouble being negotiators—they’re so smart they think they don’t have anything to discover.

· I hadn’t yet learned to be aware of a counterpart’s overuse of personal pronouns—we/they or me/I. The less important he makes himself, the more important he probably is (and vice versa).

· There’s one powerful way to quiet the voice in your head and the voice in their head at the same time: treat two schizophrenics with just one pill. Instead of prioritizing your argument—in fact, instead of doing any thinking at all in the early goings about what you’re going to say—make your sole and all-encompassing focus the other person and what they have to say. In that mode of true active listening—aided by the tactics you’ll learn in the following chapters—you’ll disarm your counterpart. You’ll make them feel safe. The voice in their head will begin to quiet down.

· The goal is to identify what your counterparts actually need (monetarily, emotionally, or otherwise) and get them feeling safe enough to talk and talk and talk some more about what they want. The latter will help you discover the former. Wants are easy to talk about, representing the aspiration of getting our way, and sustaining any illusion of control we have as we begin to negotiate; needs imply survival, the very minimum required to make us act, and so make us vulnerable. But neither wants nor needs are where we start; it begins with listening, making it about the other people, validating their emotions, and creating enough trust and safety for a real conversation to begin

· Going too fast is one of the mistakes all negotiators are prone to making. If we’re too much in a hurry, people can feel as if they’re not being heard and we risk undermining the rapport and trust we’ve built.

· There’s plenty of research that now validates the passage of time as one of the most important tools for a negotiator. When you slow the process down, you also calm it down. After all, if someone is talking, they’re not shooting.

· Think of it as a kind of involuntary neurological telepathy—each of us in every given moment signaling to the world around us whether we are ready to play or fight, laugh or cry. When we radiate warmth and acceptance, conversations just seem to flow. When we enter a room with a level of comfort and enthusiasm, we attract people toward us. Smile at someone on the street, and as a reflex they’ll smile back. Understanding that reflex and putting it into practice is critical to the success of just about every negotiating skill there is to learn. That’s why your most powerful tool in any verbal communication is your voice. You can use your voice to intentionally reach into someone’s brain and flip an emotional switch. Distrusting to trusting. Nervous to calm. In an instant, the switch will flip just like that with the right delivery.

· There are essentially three voice tones available to negotiators: the late-night FM DJ voice, the positive/playful voice, and the direct or assertive voice. Forget the assertive voice for now; except in very rare circumstances, using it is like slapping yourself in the face while you’re trying to make progress. You’re signaling dominance onto your counterpart, who will either aggressively, or passive-aggressively, push back against attempts to be controlled. Most of the time, you should be using the positive/playful voice. It’s the voice of an easygoing, good-natured person. Your attitude is light and encouraging. The key here is to relax and smile while you’re talking. A smile, even while talking on the phone, has an impact tonally that the other person will pick up on. The effect these voices have are cross-cultural and never lost in translation.

· When people are in a positive frame of mind, they think more quickly, and are more likely to collaborate and problem-solve (instead of fight and resist). It applies to the smile-er as much as to the smile-ee: a smile on your face, and in your voice, will increase your own mental agility.

· The way the late-night FM DJ voice works is that, when you inflect your voice in a downward way, you put it out there that you’ve got it covered. Talking slowly and clearly you convey one idea: I’m in control. When you inflect in an upward way, you invite a response. Why? Because you’ve brought in a measure of uncertainty. You’ve made a statement sound like a question. You’ve left the door open for the other guy to take the lead, so I was careful here to be quiet, self-assured. It’s the same voice I might use in a contract negotiation, when an item isn’t up for discussion. If I see a work-for-hire clause, for example, I might say, “We don’t do work-for-hire.” Just like that, plain, simple, and friendly. I don’t offer up an alternative, because it would beg further discussion, so I just make a straightforward declaration.

· You can be very direct and to the point as long as you create safety by a tone of voice that says I’m okay, you’re okay, let’s figure things out.

· Mirroring, also called isopraxism, is essentially imitation. It’s another neurobehavior humans (and other animals) display in which we copy each other to comfort each other. It can be done with speech patterns, body language, vocabulary, tempo, and tone of voice. It’s generally an unconscious behavior—we are rarely aware of it when it’s happening—but it’s a sign that people are bonding, in sync, and establishing the kind of rapport that leads to trust. It’s a phenomenon (and now technique) that follows a very basic but profound biological principle: We fear what’s different and are drawn to what’s similar. As the saying goes, birds of a feather flock together. Mirroring, then, when practiced consciously, is the art of insinuating similarity. “Trust me,” a mirror signals to another’s unconscious, “You and I—we’re alike.”

· While mirroring is most often associated with forms of nonverbal communication, especially body language, as negotiators a “mirror” focuses on the words and nothing else. Not the body language. Not the accent. Not the tone or delivery. Just the words. It’s almost laughably simple: for the FBI, a “mirror” is when you repeat the last three words (or the critical one to three words) of what someone has just said. Of the entirety of the FBI’s hostage negotiation skill set, mirroring is the closest one gets to a Jedi mind trick. Simple, and yet uncannily effective.

· By repeating back what people say, you trigger this mirroring instinct and your counterpart will inevitably elaborate on what was just said and sustain the process of connecting.

· I always try to reinforce the message that being right isn’t the key to a successful negotiation—having the right mindset is.

· It’s just four simple steps: 1. Use the late-night FM DJ voice. 2. Start with “I’m sorry . . .” 3. Mirror. 4. Silence. At least four seconds, to let the mirror work its magic on your counterpart. 5. Repeat.

· The intention behind most mirrors should be “Please, help me understand.” Every time you mirror someone, they will reword what they’ve said. They will never say it exactly the same way they said it the first time. Ask someone, “What do you mean by that?” and you’re likely to incite irritation or defensiveness. A mirror, however, will get you the clarity you want while signaling respect and concern for what the other person is saying.

· Here are some of the key lessons from this chapter to remember: ■ A good negotiator prepares, going in, to be ready for possible surprises; a great negotiator aims to use her skills to reveal the surprises she is certain to find. ■ Don’t commit to assumptions; instead, view them as hypotheses and use the negotiation to test them rigorously. ■ People who view negotiation as a battle of arguments become overwhelmed by the voices in their head. Negotiation is not an act of battle; it’s a process of discovery. The goal is to uncover as much information as possible. ■ To quiet the voices in your head, make your sole and all-encompassing focus the other person and what they have to say. ■ Slow. It. Down. Going too fast is one of the mistakes all negotiators are prone to making. If we’re too much in a hurry, people can feel as if they’re not being heard. You risk undermining the rapport and trust you’ve built. ■ Put a smile on your face. When people are in a positive frame of mind, they think more quickly, and are more likely to collaborate and problem-solve (instead of fight and resist). Positivity creates mental agility in both you and your counterpart. There are three voice tones available to negotiators: 1. The late-night FM DJ voice: Use selectively to make a point. Inflect your voice downward, keeping it calm and slow. When done properly, you create an aura of authority and trustworthiness without triggering defensiveness. 2. The positive/playful voice: Should be your default voice. It’s the voice of an easygoing, good-natured person. Your attitude is light and encouraging. The key here is to relax and smile while you’re talking. 3. The direct or assertive voice: Used rarely. Will cause problems and create pushback. ■ Mirrors work magic. Repeat the last three words (or the critical one to three words) of what someone has just said. We fear what’s different and are drawn to what’s similar. Mirroring is the art of insinuating similarity, which facilitates bonding. Use mirrors to encourage the other side to empathize and bond with you, keep people talking, buy your side time to regroup, and encourage your counterparts to reveal their strategy.

· Once people get upset at one another, rational thinking goes out the window. That’s why, instead of denying or ignoring emotions, good negotiators identify and influence them. They are able to precisely label emotions, those of others and especially their own. And once they label the emotions they talk about them without getting wound up. For them, emotion is a tool. Emotions aren’t the obstacles, they are the means.

· It may sound touchy-feely, but if you can perceive the emotions of others, you have a chance to turn them to your advantage. The more you know about someone, the more power you have.

· In my negotiating course, I tell my students that empathy is “the ability to recognize the perspective of a counterpart, and the vocalization of that recognition.” That’s an academic way of saying that empathy is paying attention to another human being, asking what they are feeling, and making a commitment to understanding their world. Notice I didn’t say anything about agreeing with the other person’s values and beliefs or giving out hugs. That’s sympathy. What I’m talking about is trying to understand a situation from another person’s perspective.

· Labeling is a way of validating someone’s emotion by acknowledging it. Give someone’s emotion a name and you show you identify with how that person feels. It gets you close to someone without asking about external factors you know nothing about (“How’s your family?”). Think of labeling as a shortcut to intimacy, a time-saving emotional hack. Labeling has a special advantage when your counterpart is tense. Exposing negative thoughts to daylight—“It looks like you don’t want to go back to jail”—makes them seem less frightening.

· Once you’ve spotted an emotion you want to highlight, the next step is to label it aloud. Labels can be phrased as statements or questions. The only difference is whether you end the sentence with a downward or upward inflection. But no matter how they end, labels almost always begin with roughly the same words: It seems like . . . It sounds like . . . It looks like . . . Notice we said “It sounds like . . .” and not “I’m hearing that . . .” That’s because the word “I” gets people’s guard up. When you say “I,” it says you’re more interested in yourself than the other person, and it makes you take personal responsibility for the words that follow—and the offense they might cause.

· But when you phrase a label as a neutral statement of understanding, it encourages your counterpart to be responsive. They’ll usually give a longer answer than just “yes” or “no.” And if they disagree with the label, that’s okay. You can always step back and say, “I didn’t say that was what it was. I just said it seems like that.”

· The last rule of labeling is silence. Once you’ve thrown out a label, be quiet and listen. We all have a tendency to expand on what we’ve said, to finish, “It seems like you like the way that shirt looks,” with a specific question like “Where did you get it?” But a label’s power is that it invites the other person to reveal himself.

· In basic terms, people’s emotions have two levels: the “presenting” behavior is the part above the surface you can see and hear; beneath, the “underlying” feeling is what motivates the behavior.

· Research shows that the best way to deal with negativity is to observe it, without reaction and without judgment. Then consciously label each negative feeling and replace it with positive, compassionate, and solution-based thoughts.

· Many of us wear fears upon fears, like layers against the cold, so getting to safety takes time.

· The first step of doing so is listing every terrible thing your counterpart could say about you, in what I call an accusation audit.

· ■ Imagine yourself in your counterpart’s situation. The beauty of empathy is that it doesn’t demand that you agree with the other person’s ideas (you may well find them crazy). But by acknowledging the other person’s situation, you immediately convey that you are listening. And once they know that you are listening, they may tell you something that you can use. ■ The reasons why a counterpart will not make an agreement with you are often more powerful than why they will make a deal, so focus first on clearing the barriers to agreement. Denying barriers or negative influences gives them credence; get them into the open. ■ Pause. After you label a barrier or mirror a statement, let it sink in. Don’t worry, the other party will fill the silence. ■ Label your counterpart’s fears to diffuse their power. We all want to talk about the happy stuff, but remember, the faster you interrupt action in your counterpart’s amygdala, the part of the brain that generates fear, the faster you can generate feelings of safety, well-being, and trust. ■ List the worst things that the other party could say about you and say them before the other person can. Performing an accusation audit in advance prepares you to head off negative dynamics before they take root. And because these accusations often sound exaggerated when said aloud, speaking them will encourage the other person to claim that quite the opposite is true. ■ Remember you’re dealing with a person who wants to be appreciated and understood. So use labels to reinforce and encourage positive perceptions and dynamics.

· But at the end of the day, “Yes” is often a meaningless answer that hides deeper objections (and “Maybe” is even worse). Pushing hard for “Yes” doesn’t get a negotiator any closer to a win; it just angers the other side.

· For good negotiators, “No” is pure gold. That negative provides a great opportunity for you and the other party to clarify what you really want by eliminating what you don’t want. “No” is a safe choice that maintains the status quo; it provides a temporary oasis of control. That’s because having protected myself, I could relax and more easily consider the possibilities. “No” is the start of the negotiation, not the end of it. We’ve been conditioned to fear the word “No.” But it is a statement of perception far more often than of fact. It seldom means, “I have considered all the facts and made a rational choice.” Instead, “No” is often a decision, frequently temporary, to maintain the status quo. Change is scary, and “No” provides a little protection from that scariness.

· This means you have to train yourself to hear “No” as something other than rejection, and respond accordingly. When someone tells you “No,” you need to rethink the word in one of its alternative—and much more real—meanings: ■ I am not yet ready to agree; ■ You are making me feel uncomfortable; ■ I do not understand; ■ I don’t think I can afford it; ■ I want something else; ■ I need more information; or ■ I want to talk it over with someone else. Then, after pausing, ask solution-based questions or simply label their effect: “What about this doesn’t work for you?” “What would you need to make it work?” “It seems like there’s something here that bothers you.” People have a need to say, “No.” So don’t just hope to hear it at some point; get them to say it early.

· There are actually three kinds of “Yes”: Counterfeit, Confirmation, and Commitment. A counterfeit “yes” is one in which your counterpart plans on saying “no” but either feels “yes” is an easier escape route or just wants to disingenuously keep the conversation going to obtain more information or some other kind of edge. A confirmation “yes” is generally innocent, a reflexive response to a black-or-white question; it’s sometimes used to lay a trap but mostly it’s just simple affirmation with no promise of action. And a commitment “yes” is the real deal; it’s a true agreement that leads to action, a “yes” at the table that ends with a signature on the contract. The commitment “yes” is what you want, but the three types sound almost the same so you have to learn how to recognize which one is being used.

· Saying “No” gives the speaker the feeling of safety, security, and control. You use a question that prompts a “No” answer, and your counterpart feels that by turning you down he has proved that he’s in the driver’s seat. Good negotiators welcome—even invite—a solid “No” to start, as a sign that the other party is engaged and thinking.

· “No” is not failure. Used strategically it’s an answer that opens the path forward.

· As you can see, “No” has a lot of skills. ■ “No” allows the real issues to be brought forth; ■ “No” protects people from making—and lets them correct—ineffective decisions; ■ “No” slows things down so that people can freely embrace their decisions and the agreements they enter into; ■ “No” helps people feel safe, secure, emotionally comfortable, and in control of their decisions; ■ “No” moves everyone’s efforts forward

· “No”—or the lack thereof—also serves as a warning, the canary in the coal mine. If despite all your efforts, the other party won’t say “No,” you’re dealing with people who are indecisive or confused or who have a hidden agenda. In cases like that you have to end the negotiation and walk away. Think of it like this: No “No” means no go.

· You provoke a “No” with this one-sentence email. Have you given up on this project? The point is that this one-sentence email encapsulates the best of “No”-oriented questions and plays on your counterpart’s natural human aversion to loss. The “No” answer the email demands offers the other party the feeling of safety and the illusion of control while encouraging them to define their position and explain it to you. Just as important, it makes the implicit threat that you will walk away on your own terms. To stop that from happening—to cut their losses and prove their power—the other party’s natural inclination is to reply immediately and disagree. No, our priorities haven’t changed. We’ve just gotten bogged down and . . . If you’re a parent, you already use this technique instinctively. What do you do when your kids won’t leave the house/park/mall? You say, “Fine. I’m leaving,” and you begin to walk away. I’m going to guess that well over half the time they yell, “No, wait!” and run to catch up. No one likes to be abandoned.

· ■ Break the habit of attempting to get people to say “yes.” Being pushed for “yes” makes people defensive. Our love of hearing “yes” makes us blind to the defensiveness we ourselves feel when someone is pushing us to say it. ■ “No” is not a failure. We have learned that “No” is the anti-“Yes” and therefore a word to be avoided at all costs. But it really often just means “Wait” or “I’m not comfortable with that.” Learn how to hear it calmly. It is not the end of the negotiation, but the beginning. ■ “Yes” is the final goal of a negotiation, but don’t aim for it at the start. Asking someone for “Yes” too quickly in a conversation—“Do you like to drink water, Mr. Smith?”—gets his guard up and paints you as an untrustworthy salesman. ■ Saying “No” makes the speaker feel safe, secure, and in control, so trigger it. By saying what they don’t want, your counterpart defines their space and gains the confidence and comfort to listen to you. That’s why “Is now a bad time to talk?” is always better than “Do you have a few minutes to talk?” ■ Sometimes the only way to get your counterpart to listen and engage with you is by forcing them into a “No.” That means intentionally mislabeling one of their emotions or desires or asking a ridiculous question—like, “It seems like you want this project to fail”—that can only be answered negatively. ■ Negotiate in their world. Persuasion is not about how bright or smooth or forceful you are. It’s about the other party convincing themselves that the solution you want is their own idea. So don’t beat them with logic or brute force. Ask them questions that open paths to your goals. It’s not about you. ■ If a potential business partner is ignoring you, contact them with a clear and concise “No”-oriented question that suggests that you are ready to walk away. “Have you given up on this project?” works wonders.

· CNU developed what is a powerful staple in the high-stakes world of crisis negotiation, the Behavioral Change Stairway Model (BCSM). The model proposes five stages—active listening, empathy, rapport, influence, and behavioral change—that take any negotiator from listening to influencing behavior.

· As you’ll soon learn, the sweetest two words in any negotiation are actually “That’s right.

· One crucial aspect of any negotiation is to figure out how your adversary arrived at his position.

· The “that’s right” breakthrough usually doesn’t come at the beginning of a negotiation. It’s invisible to the counterpart when it occurs, and they embrace what you’ve said. To them, it’s a subtle epiphany.

· Why is “you’re right” the worst answer? Consider this: Whenever someone is bothering you, and they just won’t let up, and they won’t listen to anything you have to say, what do you tell them to get them to shut up and go away? “You’re right.” It works every time. Tell people “you’re right” and they get a happy smile on their face and leave you alone for at least twenty-four hours. But you haven’t agreed to their position. You have used “you’re right” to get them to quit bothering you.

· Driving toward “that’s right” is a winning strategy in all negotiations. But hearing “you’re right” is a disaster.

· ■ Creating unconditional positive regard opens the door to changing thoughts and behaviors. Humans have an innate urge toward socially constructive behavior. The more a person feels understood, and positively affirmed in that understanding, the more likely that urge for constructive behavior will take hold. ■ “That’s right” is better than “yes.” Strive for it. Reaching “that’s right” in a negotiation creates breakthroughs. ■ Use a summary to trigger a “that’s right.” The building blocks of a good summary are a label combined with paraphrasing. Identify, rearticulate, and emotionally affirm “the world according to . . .”

· Compromise is often a “bad deal” and a key theme we’ll hit in this chapter is that “no deal is better than a bad deal.”

· We don’t compromise because it’s right; we compromise because it is easy and because it saves face. We compromise in order to say that at least we got half the pie. Distilled to its essence, we compromise to be safe. Most people in a negotiation are driven by fear or by the desire to avoid pain. Too few are driven by their actual goals. So don’t settle and—here’s a simple rule—never split the difference. Creative solutions are almost always preceded by some degree of risk, annoyance, confusion, and conflict. Accommodation and compromise produce none of that. You’ve got to embrace the hard stuff. That’s where the great deals are. And that’s what great negotiators do.

· Deadlines are often arbitrary, almost always flexible, and hardly ever trigger the consequences we think—or are told—they will. Deadlines are the bogeymen of negotiation, almost exclusively self-inflicted figments of our imagination, unnecessarily unsettling us for no good reason. The mantra we coach our clients on is, “No deal is better than a bad deal.” If that mantra can truly be internalized, and clients begin to believe they’ve got all the time they need to conduct the negotiation right, their patience becomes a formidable weapon.

· How close we were getting to their self-imposed deadline would be indicated by how specific the threats were that they issued. “Give us the money or your aunt is going to die” is an early stage threat, as the time isn’t specified. Increasing specificity on threats in any type of negotiations indicates getting closer to real consequences at a real specified time. To gauge the level of a particular threat, we’d pay attention to how many of the four questions—What? Who? When? And how?—were addressed. When people issue threats, they consciously or subconsciously create ambiguities and loopholes they fully intend to exploit. As the loopholes started to close as the week progressed, and did so over and over again in similar ways with different kidnappings, the pattern emerged.

· Deadlines cut both ways. (…) That’s the key: When the negotiation is over for one side, it’s over for the other too.

· Moore discovered that when negotiators tell their counterparts about their deadline, they get better deals. It’s true. First, by revealing your cutoff you reduce the risk of impasse. And second, when an opponent knows your deadline, he’ll get to the real deal- and concession-making more quickly. I’ve got one final point to make before we move on: Deadlines are almost never ironclad. What’s more important is engaging in the process and having a feel for how long that will take. You may see that you have more to accomplish than time will actually allow before the clock runs out.

· “If you approach a negotiation thinking that the other guy thinks like you, you’re wrong,” I say. “That’s not empathy; that’s projection.”

· The most powerful word in negotiations is “Fair.” As human beings, we’re mightily swayed by how much we feel we have been respected. People comply with agreements if they feel they’ve been treated fairly and lash out if they don’t.

· “We just want what’s fair.” Think back to the last time someone made this implicit accusation of unfairness to you, and I bet you’ll have to admit that it immediately triggered feelings of defensiveness and discomfort. These feelings are often subconscious and often lead to an irrational concession. (…) If you find yourself in this situation, the best reaction is to simply mirror the “F” that has just been lobbed at you. “Fair?” you’d respond, pausing to let the word’s power do to them as it was intended to do to you. Follow that with a label: “It seems like you’re ready to provide the evidence that supports that,” which alludes to opening their books or otherwise handing over information that will either contradict their claim to fairness or give you more data to work with than you had previously. Right away, you declaw the attack.

· The last use of the F-word is my favorite because it’s positive and constructive. It sets the stage for honest and empathetic negotiation. Here’s how I use it: Early on in a negotiation, I say, “I want you to feel like you are being treated fairly at all times. So please stop me at any time if you feel I’m being unfair, and we’ll address it.” It’s simple and clear and sets me up as an honest dealer. With that statement, I let people know it is okay to use that word with me if they use it honestly. As a negotiator, you should strive for a reputation of being fair. Your reputation precedes you. Let it precede you in a way that paves success.

· (…) explain the sales job not as a rational argument, but as an emotional framing job. If you can get the other party to reveal their problems, pain, and unmet objectives—if you can get at what people are really buying—then you can sell them a vision of their problem that leaves your proposal as the perfect solution.

· What I am saying is that while our decisions may be largely irrational, that doesn’t mean there aren’t consistent patterns, principles, and rules behind how we act. And once you know those mental patterns, you start to see ways to influence them.

· Let me leave you with a crucial lesson about loss aversion: In a tough negotiation, it’s not enough to show the other party that you can deliver the thing they want. To get real leverage, you have to persuade them that they have something concrete to lose if the deal falls through.

· 1. ANCHOR THEIR EMOTIONS To bend your counterpart’s reality, you have to start with the basics of empathy. So start out with an accusation audit acknowledging all of their fears. By anchoring their emotions in preparation for a loss, you inflame the other side’s loss aversion so that they’ll jump at the chance to avoid it.

· 2. LET THE OTHER GUY GO FIRST . . . MOST OF THE TIME. Now, it’s clear that the benefits of anchoring emotions are great when it comes to bending your counterpart’s reality. But going first is not necessarily the best thing when it comes to negotiating price.

· The real issue is that neither side has perfect information going to the table. This often means you don’t know enough to open with confidence. That’s especially true anytime you don’t know the market value of what you are buying or selling, like with Jerry or Chandler. By letting them anchor you also might get lucky: I’ve experienced many negotiations when the other party’s first offer was higher than the closing figure I had in mind. If I’d gone first they would have agreed and I would have left with either the winner’s curse or buyer’s remorse, those gut-wrenching feelings that you’ve overpaid or undersold. That said, you’ve got to be careful when you let the other guy anchor. You have to prepare yourself psychically to withstand the first offer. If the other guy’s a pro, a shark, he’s going to go for an extreme anchor in order to bend your reality. Then, when they come back with a merely absurd offer it will seem reasonable, just like an expensive $400 iPhone seems reasonable after they mark it down from a crazy $600. The tendency to be anchored by extreme numbers is a psychological quirk known as the “anchor and adjustment” effect.

· That’s not to say, “Never open.” Rules like that are easy to remember, but, like most simplistic approaches, they are not always good advice. If you’re dealing with a rookie counterpart, you might be tempted to be the shark and throw out an extreme anchor. Or if you really know the market and you’re dealing with an equally informed pro, you might offer a number just to make the negotiation go faster. Here’s my personal advice on whether or not you want to be the shark that eats a rookie counterpart. Just remember, your reputation precedes you. I’ve run into CEOs whose reputation was to always badly beat their counterpart and pretty soon no one would deal with them.

· 3. ESTABLISH A RANGE While going first rarely helps, there is one way to seem to make an offer and bend their reality in the process. That is, by alluding to a range. What I mean is this: When confronted with naming your terms or price, counter by recalling a similar deal which establishes your “ballpark,” albeit the best possible ballpark you wish to be in.

· In a recent study,4 Columbia Business School psychologists found that job applicants who named a range received significantly higher overall salaries than those who offered a number, especially if their range was a “bolstering range,” in which the low number in the range was what they actually wanted. Understand, if you offer a range (and it’s a good idea to do so) expect them to come in at the low end.

· 4. PIVOT TO NONMONETARY TERMS People get hung up on “How much?” But don’t deal with numbers in isolation. That leads to bargaining, a series of rigid positions defined by emotional views of fairness and pride. Negotiation is a more intricate and subtle dynamic than that. One of the easiest ways to bend your counterpart’s reality to your point of view is by pivoting to nonmonetary terms. After you’ve anchored them high, you can make your offer seem reasonable by offering things that aren’t important to you but could be important to them. Or if their offer is low you could ask for things that matter more to you than them. Since this is sometimes difficult, what we often do is throw out examples to start the brainstorming process.

· 5. WHEN YOU DO TALK NUMBERS, USE ODD ONES

· 6. SURPRISE WITH A GIFT You can get your counterpart into a mood of generosity by staking an extreme anchor and then, after their inevitable first rejection, offering them a wholly unrelated surprise gift. Unexpected conciliatory gestures like this are hugely effective because they introduce a dynamic called reciprocity; the other party feels the need to answer your generosity in kind. They will suddenly come up on their offer, or they’ll look to repay your kindness in the future. People feel obliged to repay debts of kindness.

· BE PLEASANTLY PERSISTENT ON NONSALARY TERMS Pleasant persistence is a kind of emotional anchoring that creates empathy with the boss and builds the right psychological environment for constructive discussion. And the more you talk about nonsalary terms, the more likely you are to hear the full range of their options. If they can’t meet your nonsalary requests, they may even counter with more money, like they did with a French-born American former student of mine. She kept asking—with a big smile—for an extra week of vacation beyond what the company normally gave. She was “French,” she said, and that’s what French people did. The hiring company was completely handcuffed on the vacation issue, but because she was so darned delightful, and because she introduced a nonmonetary variable into the notion of her value, they countered by increasing her salary offer. SALARY TERMS WITHOUT SUCCESS TERMS IS RUSSIAN ROULETTE Once you’ve negotiated a salary, make sure to define success for your position—as well as metrics for your next raise. That’s meaningful for you and free for your boss, much like giving me a magazine cover story was for the bar association. It gets you a planned raise and, by defining your success in relation to your boss’s supervision, it leads into the next step . . . SPARK THEIR INTEREST IN YOUR SUCCESS AND GAIN AN UNOFFICIAL MENTOR Remember the idea of figuring what the other side is really buying? Well, when you are selling yourself to a manager, sell yourself as more than a body for a job; sell yourself, and your success, as a way they can validate their own intelligence and broadcast it to the rest of the company. Make sure they know you’ll act as a flesh-and-blood argument for their importance. Once you’ve bent their reality to include you as their ambassador, they’ll have a stake in your success. Ask: “What does it take to be successful here?” Please notice that this question is similar to questions that are suggested by many MBA career counseling centers, yet not exactly the same. And it’s the exact wording of this question that’s critical. Students from my MBA courses who have asked this question in job interviews have actually had interviewers lean forward and say, “No one ever asked us that before.” The interviewer then gave a great and detailed answer. The key issue here is if someone gives you guidance, they will watch to see if you follow their advice. They will have a personal stake in seeing you succeed. You’ve just recruited your first unofficial mentor.

· As you work these tools into your daily life, remember the following powerful lessons: ■ All negotiations are defined by a network of subterranean desires and needs. Don’t let yourself be fooled by the surface. Once you know that the Haitian kidnappers just want party money, you will be miles better prepared. ■ Splitting the difference is wearing one black and one brown shoe, so don’t compromise. Meeting halfway often leads to bad deals for both sides. ■ Approaching deadlines entice people to rush the negotiating process and do impulsive things that are against their best interests. ■ The F-word—“Fair”—is an emotional term people usually exploit to put the other side on the defensive and gain concessions. When your counterpart drops the F-bomb, don’t get suckered into a concession. Instead, ask them to explain how you’re mistreating them. ■ You can bend your counterpart’s reality by anchoring his starting point. Before you make an offer, emotionally anchor them by saying how bad it will be. When you get to numbers, set an extreme anchor to make your “real” offer seem reasonable, or use a range to seem less aggressive. The real value of anything depends on what vantage point you’re looking at it from. ■ People will take more risks to avoid a loss than to realize a gain. Make sure your counterpart sees that there is something to lose by inaction.

· We learned that negotiation was coaxing, not overcoming; co-opting, not defeating. Most important, we learned that successful negotiation involved getting your counterpart to do the work for you and suggest your solution himself. It involved giving him the illusion of control while you, in fact, were the one defining the conversation.

· it’s really as simple as removing the hostility from the statement “You can’t leave” and turning it into a question. “What do you hope to achieve by going?”

· And all negotiation, done well, should be an information-gathering process that vests your counterpart in an outcome that serves you.

· You don’t directly persuade them to see your ideas. Instead, you ride them to your ideas. As the saying goes, the best way to ride a horse is in the direction in which it is going.

· As an old Washington Post editor named Robert Estabrook once said, “He who has learned to disagree without being disagreeable has discovered the most valuable secret of negotiation.”

· The real beauty of calibrated questions is the fact that they offer no target for attack like statements do. Calibrated questions have the power to educate your counterpart on what the problem is rather than causing conflict by telling them what the problem is. But calibrated questions are not just random requests for comment. They have a direction: once you figure out where you want a conversation to go, you have to design the questions that will ease the conversation in that direction while letting the other guy think it’s his choice to take you there

· First off, calibrated questions avoid verbs or words like “can,” “is,” “are,” “do,” or “does.” These are closed-ended questions that can be answered with a simple “yes” or a “no.” Instead, they start with a list of words people know as reporter’s questions: “who,” “what,” “when,” “where,” “why,” and “how.” Those words inspire your counterpart to think and then speak expansively.

· Having just two words to start with might not seem like a lot of ammunition, but trust me, you can use “what” and “how” to calibrate nearly any question.

· Even something as harsh as “Why did you do it?” can be calibrated to “What caused you to do it?” which takes away the emotion and makes the question less accusatory.

· Here are some other great standbys that I use in almost every negotiation, depending on the situation: ■ What about this is important to you? ■ How can I help to make this better for us? ■ How would you like me to proceed? ■ What is it that brought us into this situation? ■ How can we solve this problem? ■ What’s the objective? / What are we trying to accomplish here? ■ How am I supposed to do that?

· The implication of any well-designed calibrated question is that you want what the other guy wants but you need his intelligence to overcome the problem. This really appeals to very aggressive or egotistical counterparts.

· If you can’t control your own emotions, how can you expect to influence the emotions of another party?

· The first and most basic rule of keeping your emotional cool is to bite your tongue. Not literally, of course. But you have to keep away from knee-jerk, passionate reactions. Pause. Think. Let the passion dissipate. That allows you to collect your thoughts and be more circumspect in what you say. It also lowers your chance of saying more than you want to.

· Another simple rule is, when you are verbally assaulted, do not counterattack. Instead, disarm your counterpart by asking a calibrated question.

· The basic issue here is that when people feel that they are not in control, they adopt what psychologists call a hostage mentality. That is, in moments of conflict they react to their lack of power by either becoming extremely defensive or lashing out.

· Who has control in a conversation, the guy listening or the guy talking? The listener, of course. That’s because the talker is revealing information while the listener, if he’s trained well, is directing the conversation toward his own goals. He’s harnessing the talker’s energy for his own ends.

· As you put listener’s judo into practice, remember the following powerful lessons: ■ Don’t try to force your opponent to admit that you are right. Aggressive confrontation is the enemy of constructive negotiation. ■ Avoid questions that can be answered with “Yes” or tiny pieces of information. These require little thought and inspire the human need for reciprocity; you will be expected to give something back. ■ Ask calibrated questions that start with the words “How” or “What.” By implicitly asking the other party for help, these questions will give your counterpart an illusion of control and will inspire them to speak at length, revealing important information. ■ Don’t ask questions that start with “Why” unless you want your counterpart to defend a goal that serves you. “Why” is always an accusation, in any language. ■ Calibrate your questions to point your counterpart toward solving your problem. This will encourage them to expend their energy on devising a solution. ■ Bite your tongue. When you’re attacked in a negotiation, pause and avoid angry emotional reactions. Instead, ask your counterpart a calibrated question. ■ There is always a team on the other side. If you are not influencing those behind the table, you are vulnerable.

· “Yes” is nothing without “How.” While an agreement is nice, a contract is better, and a signed check is best. You don’t get your profits with the agreement. They come upon implementation. Success isn’t the hostage-taker saying, “Yes, we have a deal”; success comes afterward, when the freed hostage says to your face, “Thank you.”

· Calibrated “How” questions are a surefire way to keep negotiations going. They put the pressure on your counterpart to come up with answers, and to contemplate your problems when making their demands. With enough of the right “How” questions you can read and shape the negotiating environment in such a way that you’ll eventually get to the answer you want to hear. You just have to have an idea of where you want the conversation to go when you’re devising your questions. The trick to “How” questions is that, correctly used, they are gentle and graceful ways to say “No” and guide your counterpart to develop a better solution—your solution. A gentle How/No invites collaboration and leaves your counterpart with a feeling of having been treated with respect.

· As Julie did, the first and most common “No” question you’ll use is some version of “How am I supposed to do that?” (for example, “How can we raise that much?”). Your tone of voice is critical as this phrase can be delivered as either an accusation or a request for assistance. So pay attention to your voice.

· By making your counterparts articulate implementation in their own words, your carefully calibrated “How” questions will convince them that the final solution is their idea. And that’s crucial. People always make more effort to implement a solution when they think it’s theirs. That is simply human nature. That’s why negotiation is often called “the art of letting someone else have your way.”

· There are two key questions you can ask to push your counterparts to think they are defining success their way: “How will we know we’re on track?” and “How will we address things if we find we’re off track?” When they answer, you summarize their answers until you get a “That’s right.” Then you’ll know they’ve bought in. On the flip side, be wary of two telling signs that your counterpart doesn’t believe the idea is theirs. As I’ve noted, when they say, “You’re right,” it’s often a good indicator they are not vested in what is being discussed. And when you push for implementation and they say, “I’ll try,” you should get a sinking feeling in your stomach. Because this really means, “I plan to fail.” When you hear either of these, dive back in with calibrated “How” questions until they define the terms of successful implementation in their own voice. Follow up by summarizing what they have said to get a “That’s right.” Let the other side feel victory. Let them think it was their idea. Subsume your ego. Remember: “Yes” is nothing without “How.” So keep asking “How?” And succeed.

· THE 7-38-55 PERCENT RULE In two famous studies on what makes us like or dislike somebody,1 UCLA psychology professor Albert Mehrabian created the 7-38-55 rule. That is, only 7 percent of a message is based on the words while 38 percent comes from the tone of voice and 55 percent from the speaker’s body language and face.

· When someone’s tone of voice or body language does not align with the meaning of the words they say, use labels to discover the source of the incongruence.

· (…) so many pushy salesman try to trap their clients into the Commitment “Yes” that many people get very good at the Counterfeit “Yes. “ One great tool for avoiding this trap is the Rule of Three. The Rule of Three is simply getting the other guy to agree to the same thing three times in the same conversation. It’s tripling the strength of whatever dynamic you’re trying to drill into at the moment. In doing so, it uncovers problems before they happen. It’s really hard to repeatedly lie or fake conviction.

· In a study of the components of lying,2 Harvard Business School professor Deepak Malhotra and his coauthors found that, on average, liars use more words than truth tellers and use far more third-person pronouns. They start talking about him, her, it, one, they, and their rather than I, in order to put some distance between themselves and the lie. And they discovered that liars tend to speak in more complex sentences in an attempt to win over their suspicious counterparts. It’s what W. C. Fields meant when he talked about baffling someone with bullshit. The researchers dubbed this the Pinocchio Effect because, just like Pinocchio’s nose, the number of words grew along with the lie. People who are lying are, understandably, more worried about being believed, so they work harder—too hard, as it were—at being believable.

· The more in love they are with “I,” “me,” and “my” the less important they are. Conversely, the harder it is to get a first person pronoun out of a negotiator’s mouth, the more important they are.

· Just as using Alastair’s name with the kidnapper and getting him to use it back humanized the hostage and made it less likely he would be harmed, using your own name creates the dynamic of “forced empathy.” It makes the other side see you as a person.

· Humanize yourself. Use your name to introduce yourself. Say it in a fun, friendly way. Let them enjoy the interaction, too. And get your own special price.

· We’ve found that you can usually express “No” four times before actually saying the word.

· “I’m sorry, no” is a slightly more succinct version for the fourth “No.” If delivered gently, it barely sounds negative at all. If you have to go further, of course, “No” is the last and most direct way. Verbally, it should be delivered with a downward inflection and a tone of regard; it’s not meant to be “NO!”

· If there’s one way to put off your counterpart, it’s by implying that disagreeing with you is unfair.

· There’s a critical lesson there: The art of closing a deal is staying focused to the very end. There are crucial points at the finale when you must draw on your mental discipline. Don’t think about what time the last flight leaves, or what it would be like to get home early and play golf. Do not let your mind wander. Remain focused.

· ■ Ask calibrated “How” questions, and ask them again and again. Asking “How” keeps your counterparts engaged but off balance. Answering the questions will give them the illusion of control. It will also lead them to contemplate your problems when making their demands. ■ Use “How” questions to shape the negotiating environment. You do this by using “How can I do that?” as a gentle version of “No.” This will subtly push your counterpart to search for other solutions—your solutions. And very often it will get them to bid against themselves. ■ Don’t just pay attention to the people you’re negotiating with directly; always identify the motivations of the players “behind the table.” You can do so by asking how a deal will affect everybody else and how on board they are. ■ Follow the 7-38-55 Percent Rule by paying close attention to tone of voice and body language. Incongruence between the words and nonverbal signs will show when your counterpart is lying or uncomfortable with a deal. ■ Is the “Yes” real or counterfeit? Test it with the Rule of Three: use calibrated questions, summaries, and labels to get your counterpart to reaffirm their agreement at least three times. It’s really hard to repeatedly lie or fake conviction. ■ A person’s use of pronouns offers deep insights into his or her relative authority. If you’re hearing a lot of “I,” “me,” and “my,” the real power to decide probably lies elsewhere. Picking up a lot of “we,” “they,” and “them,” it’s more likely you’re dealing directly with a savvy decision maker keeping his options open. ■ Use your own name to make yourself a real person to the other side and even get your own personal discount. Humor and humanity are the best ways to break the ice and remove roadblocks.

· Any response that’s not an outright rejection of your offer means you have the edge.

· Some people are Accommodators; others—like me—are basically Assertive; and the rest are data-loving Analysts. Hollywood negotiation scenes suggest that an Assertive style is required for effective bargaining, but each of the styles can be effective. And to truly be effective you need elements from all three.

· ANALYST Analysts are methodical and diligent. They are not in a big rush. Instead, they believe that as long as they are working toward the best result in a thorough and systematic way, time is of little consequence. Their self-image is linked to minimizing mistakes. Their motto: As much time as it takes to get it right. Classic analysts prefer to work on their own and rarely deviate from their goals. They rarely show emotion, and they often use what is very close to the FM DJ Voice I talked about in Chapter 3, slow and measured with a downward inflection. However, Analysts often speak in a way that is distant and cold instead of soothing. This puts people off without them knowing it and actually limits them from putting their counterpart at ease and opening them up. Analysts pride themselves on not missing any details in their extensive preparation. They will research for two weeks to get data they might have gotten in fifteen minutes at the negotiating table, just to keep from being surprised. Analysts hate surprises. They are reserved problem solvers, and information aggregators, and are hypersensitive to reciprocity. They will give you a piece, but if they don’t get a piece in return within a certain period of time, they lose trust and will disengage. This can often seem to come out of nowhere, but remember, since they like working on things alone the fact that they are talking to you at all is, from their perspective, a concession. They will often view concessions by their counterpart as a new piece of information to be taken back and evaluated. Don’t expect immediate counterproposals from them. People like this are skeptical by nature. So asking too many questions to start is a bad idea, because they’re not going to want to answer until they understand all the implications. With them, it’s vital to be prepared. Use clear data to drive your reason; don’t ad-lib; use data comparisons to disagree and focus on the facts; warn them of issues early; and avoid surprises. Silence to them is an opportunity to think. They’re not mad at you and they’re not trying to give you a chance to talk more. If you feel they don’t see things the way you do, give them a chance to think first. Apologies have little value to them since they see the negotiation and their relationship with you as a person largely as separate things. They respond fairly well in the moment to labels. They are not quick to answer calibrated questions, or closed-ended questions when the answer is “Yes.” They may need a few days to respond. If you’re an analyst you should be worried about cutting yourself off from an essential source of data, your counterpart. The single biggest thing you can do is to smile when you speak. People will be more forthcoming with information to you as a result. Smiling can also become a habit that makes it easy for you to mask any moments you’ve been caught off guard.

· ACCOMMODATOR The most important thing to this type of negotiator is the time spent building the relationship. Accommodators think as long as there is a free-flowing continuous exchange of information time is being well spent. As long as they’re communicating, they’re happy. Their goal is to be on great terms with their counterpart. They love the win-win. Of the three types, they are most likely to build great rapport without actually accomplishing anything. Accommodators want to remain friends with their counterpart even if they can’t reach an agreement. They are very easy to talk to, extremely friendly, and have pleasant voices. They will yield a concession to appease or acquiesce and hope the other side reciprocates. If your counterparts are sociable, peace-seeking, optimistic, distractible, and poor time managers, they’re probably Accommodators. If they’re your counterpart, be sociable and friendly. Listen to them talk about their ideas and use calibrated questions focused specifically on implementation to nudge them along and find ways to translate their talk into action. Due to their tendency to be the first to activate the reciprocity cycle, they may have agreed to give you something they can’t actually deliver. Their approach to preparation can be lacking as they are much more focused on the person behind the table. They want to get to know you. They have a tremendous passion for the spirit of negotiation and what it takes not only to manage emotions but also to satisfy them. While it is very easy to disagree with an Accommodator, because they want nothing more that to hear what you have to say, uncovering their objections can be difficult. They will have identified potential problem areas beforehand and will leave those areas unaddressed out of fear of the conflict they may cause. If you have identified yourself as an Accommodator, stick to your ability to be very likable, but do not sacrifice your objections. Not only do the other two types need to hear your point of view; if you are dealing with another Accommodator they will welcome it. Also be conscious of excess chitchat: the other two types have no use for it, and if you’re sitting across the table from someone like yourself you will be prone to interactions where nothing gets done.

· ASSERTIVE The Assertive type believes time is money; every wasted minute is a wasted dollar. Their self-image is linked to how many things they can get accomplished in a period of time. For them, getting the solution perfect isn’t as important as getting it done. Assertives are fiery people who love winning above all else, often at the expense of others. Their colleagues and counterparts never question where they stand because they are always direct and candid. They have an aggressive communication style and they don’t worry about future interactions. Their view of business relationships is based on respect, nothing more and nothing less. Most of all, the Assertive wants to be heard. And not only do they want to be heard, but they don’t actually have the ability to listen to you until they know that you’ve heard them. They focus on their own goals rather than people. And they tell rather than ask. When you’re dealing with Assertive types, it’s best to focus on what they have to say, because once they are convinced you understand them, then and only then will they listen for your point of view. To an Assertive, every silence is an opportunity to speak more. Mirrors are a wonderful tool with this type. So are calibrated questions, labels, and summaries. The most important thing to get from an Assertive will be a “that’s right” that may come in the form of a “that’s it exactly” or “you hit it on the head.” When it comes to reciprocity, this type is of the “give an inch/take a mile” mentality. They will have figured they deserve whatever you have given them so they will be oblivious to expectations of owing something in return. They will actually simply be looking for the opportunity to receive more. If they have given some kind of concession, they are surely counting the seconds until they get something in return. If you are an Assertive, be particularly conscious of your tone. You will not intend to be overly harsh but you will often come off that way. Intentionally soften your tone and work to make it more pleasant. Use calibrated questions and labels with your counterpart since that will also make you more approachable and increase the chances for collaboration.

· The Black Swan rule is don’t treat others the way you want to be treated; treat them the way they need to be treated.

· Complementary PDF available that will help you identify your type and that of those around you. http://info .blackswanltd.com/3-types.

· Like the great ear-biting pugilist Mike Tyson once said, “Everybody has a plan until they get punched in the mouth.”

· Letting your counterpart anchor first will give you a tremendous feel for him. All you need to learn is how to take the first punch.

· As the Danish folk saying goes, “You bake with the flour you have.” But anyone can learn a few tools.

· Marwan Sinaceur of INSEAD and Stanford University’s Larissa Tiedens found that expressions of anger increase a negotiator’s advantage and final take. Anger shows passion and conviction that can help sway the other side to accept less. However, by heightening your counterpart’s sensitivity to danger and fear, your anger reduces the resources they have for other cognitive activity, setting them up to make bad concessions that will likely lead to implementation problems, thus reducing your gains. Also beware: researchers have also found that disingenuous expressions of unfelt anger—you know, faking it—backfire, leading to intractable demands and destroying trust. For anger to be effective, it has to be real, the key for it is to be under control because anger also reduces our cognitive ability.

· (…) well-timed offense-taking—known as “strategic umbrage”—can wake your counterpart to the problem. In studies by Columbia University academics Daniel Ames and Abbie Wazlawek, people on the receiving end of strategic umbrage were more likely to rate themselves as overassertive, even when the counterpart didn’t think so.

· Threats delivered without anger but with “poise”—that is, confidence and self-control—are great tools. Saying, “I’m sorry that just doesn’t work for me,” with poise, works.

· Across our planet and around the universe, “Why?” makes people defensive.

· There is, however, another way to use “Why?” effectively. The idea is to employ the defensiveness the question triggers to get your counterpart to defend your position. I know it sounds weird, but it works. The basic format goes like this: When you want to flip a dubious counterpart to your side, ask them, “Why would you do that?” but in a way that the “that” favors you. Let me explain. If you are working to lure a client away from a competitor, you might say, “Why would you ever do business with me? Why would you ever change from your existing supplier? They’re great!” In these questions, the “Why?” coaxes your counterpart into working for you.

· The traditional “I” message is to use “I” to hit the pause button and step out of a bad dynamic. When you want to counteract unproductive statements from your counterpart, you can say, “I feel ___ when you ___ because ___,” and that demands a time-out from the other person. But be careful with the big “I”: You have to be mindful not to use a tone that is aggressive or creates an argument. It’s got to be cool and level.

· We’ve said previously that no deal is better than a bad deal. If you feel you can’t say “No” then you’ve taken yourself hostage. Once you’re clear on what your bottom line is, you have to be willing to walk away. Never be needy for a deal.

· Your response must always be expressed in the form of strong, yet empathic, limit-setting boundaries—that is, tough love—not as hatred or violence. Anger and other strong emotions can on rare occasions be effective. But only as calculated acts, never a personal attack. In any bare-knuckle bargaining session, the most vital principle to keep in mind is never to look at your counterpart as an enemy.

· The person across the table is never the problem. The unsolved issue is. So focus on the issue. This is one of the most basic tactics for avoiding emotional escalations.

· The Ackerman model is an offer-counteroffer method, at least on the surface. But it is a very effective system for beating the usual lackluster bargaining dynamic, which has the predictable result of meeting in the middle. The systematized and easy-to-remember process has only four steps: 1. Set your target price (your goal). 2. Set your first offer at 65 percent of your target price. 3. Calculate three raises of decreasing increments (to 85, 95, and 100 percent). 4. Use lots of empathy and different ways of saying “No” to get the other side to counter before you increase your offer. 5. When calculating the final amount, use precise, nonround numbers like, say, $37,893 rather than $38,000. It gives the number credibility and weight. 6. On your final number, throw in a nonmonetary item (that they probably don’t want) to show you’re at your limit. The genius of this system is that it incorporates the psychological tactics we’ve discussed—reciprocity, extreme anchors, loss aversion, and so on—without you needing to think about them.

· Researchers have found that people getting concessions often feel better about the bargaining process than those who are given a single firm, “fair” offer. In fact, they feel better even when they end up paying more—or receiving less—than they otherwise might.

· ■ Identify your counterpart’s negotiating style. Once you know whether they are Accommodator, Assertive, or Analyst, you’ll know the correct way to approach them. ■ Prepare, prepare, prepare. When the pressure is on, you don’t rise to the occasion; you fall to your highest level of preparation. So design an ambitious but legitimate goal and then game out the labels, calibrated questions, and responses you’ll use to get there. That way, once you’re at the bargaining table, you won’t have to wing it. ■ Get ready to take a punch. Kick-ass negotiators usually lead with an extreme anchor to knock you off your game. If you’re not ready, you’ll flee to your maximum without a fight. So prepare your dodging tactics to avoid getting sucked into the compromise trap. ■ Set boundaries, and learn to take a punch or punch back, without anger. The guy across the table is not the problem; the situation is. ■ Prepare an Ackerman plan. Before you head into the weeds of bargaining, you’ll need a plan of extreme anchor, calibrated questions, and well-defined offers. Remember: 65, 85, 95, 100 percent. Decreasing raises and ending on nonround numbers will get your counterpart to believe that he’s squeezing you for all you’re worth when you’re really getting to the number you want.

· Black Swan theory tells us that things happen that were previously thought to be impossible—or never thought of at all. This is not the same as saying that sometimes things happen against one-in-a-million odds, but rather that things never imagined do come to pass.

· Black Swans are events or pieces of knowledge that sit outside our regular expectations and therefore cannot be predicted. This is a crucial concept in negotiation. In every negotiating session, there are different kinds of information. There are those things we know, like our counterpart’s name and their offer and our experiences from other negotiations. Those are known knowns. There are those things we are certain that exist but we don’t know, like the possibility that the other side might get sick and leave us with another counterpart. Those are known unknowns and they are like poker wild cards; you know they’re out there but you don’t know who has them. But most important are those things we don’t know that we don’t know, pieces of information we’ve never imagined but that would be game changing if uncovered. Maybe our counterpart wants the deal to fail because he’s leaving for a competitor. These unknown unknowns are Black Swans.

· (…) when bits and pieces of a case don’t add up it’s usually because our frames of reference are off; they will never add up unless we break free of our expectations.

· Every case is new. We must let what we know—our known knowns—guide us but not blind us to what we do not know; we must remain flexible and adaptable to any situation; we must always retain a beginner’s mind; and we must never overvalue our experience or undervalue the informational and emotional realities served up moment by moment in whatever situation we face.

· Unless correctly interrogated, most people aren’t able to articulate the information you want.

· You have to feel for the truth behind the camouflage; you have to note the small pauses that suggest discomfort and lies. Don’t look to verify what you expect. If you do, that’s what you’ll find. Instead, you must open yourself up to the factual reality that is in front of you.

· In theory, leverage is the ability to inflict loss and withhold gain. Where does your counterpart want to gain and what do they fear losing? Discover these pieces of information, we are told, and you’ll build leverage over the other side’s perceptions, actions, and decisions. In practice, where our irrational perceptions are our reality, loss and gain are slippery notions, and it often doesn’t matter what leverage actually exists against you; what really matters is the leverage they think you have on them. That’s why I say there’s always leverage: as an essentially emotional concept, it can be manufactured whether it exists or not.

· I should note that leverage isn’t the same thing as power.

· One way to understand leverage is as a fluid that sloshes between the parties. As a negotiator you should always be aware of which side, at any given moment, feels they have the most to lose if negotiations collapse. The party who feels they have more to lose and are the most afraid of that loss has less leverage, and vice versa. To get leverage, you have to persuade your counterpart that they have something real to lose if the deal falls through.

· Positive leverage is quite simply your ability as a negotiator to provide—or withhold—things that your counterpart wants. Whenever the other side says, “I want . . .” as in, “I want to buy your car,” you have positive leverage. When they say that, you have power: you can make their desire come true; you can withhold it and thereby inflict pain; or you can use their desire to get a better deal with another party.

· Negative leverage is what most civilians picture when they hear the word “leverage.” It’s a negotiator’s ability to make his counterpart suffer. And it is based on threats: you have negative leverage if you can tell your counterpart, “If you don’t fulfill your commitment/pay your bill/etc., I will destroy your reputation.” This sort of leverage gets people’s attention because of a concept we’ve discussed: loss aversion. As effective negotiators have long known and psychologists have repeatedly proved, potential losses loom larger in the human mind than do similar gains. Getting a good deal may push us toward making a risky bet, but saving our reputation from destruction is a much stronger motivation.

· Threats can be like nuclear bombs. There will be a toxic residue that will be difficult to clean up. You have to handle the potential of negative consequences with care, or you will hurt yourself and poison or blow up the whole process. If you shove your negative leverage down your counterpart’s throat, it might be perceived as you taking away their autonomy. People will often sooner die than give up their autonomy. They’ll at least act irrationally and shut off the negotiation. A more subtle technique is to label your negative leverage and thereby make it clear without attacking. Sentences like “It seems like you strongly value the fact that you’ve always paid on time” or “It seems like you don’t care what position you are leaving me in” can really open up the negotiation process.

· NORMATIVE LEVERAGE Every person has a set of rules and a moral framework. Normative leverage is using the other party’s norms and standards to advance your position. If you can show inconsistencies between their beliefs and their actions, you have normative leverage. No one likes to look like a hypocrite.

· In any negotiation, but especially in a tense one like this, it’s not how well you speak but how well you listen that determines your success. Understanding the “other” is a precondition to be able to speak persuasively and develop options that resonate for them. There is the visible negotiation and then all the things that are hidden under the surface (the secret negotiation space wherein the Black Swans dwell).

· (…) the “paradox of power”—namely, the harder we push the more likely we are to be met with resistance. That’s why you have to use negative leverage sparingly.

· By positioning your demands within the worldview your counterpart uses to make decisions, you show them respect and that gets you attention and results. Knowing your counterpart’s religion is more than just gaining normative leverage per se. Rather, it’s gaining a holistic understanding of your counterpart’s worldview—in this case, literally a religion—and using that knowledge to inform your negotiating moves.

· ■ Review everything you hear. You will not hear everything the first time, so double-check. Compare notes with your team members. You will often discover new information that will help you advance the negotiation. ■ Use backup listeners whose only job is to listen between the lines. They will hear things you miss.

· Research by social scientists has confirmed something effective negotiators have known for ages: namely, we trust people more when we view them as being similar or familiar.

· People trust those who are in their in-group. Belonging is a primal instinct. And if you can trigger that instinct, that sense that, “Oh, we see the world the same way,” then you immediately gain influence.

· Once you know your counterpart’s religion and can visualize what he truly wants out of life, you can employ those aspirations as a way to get him to follow you.

· Research studies have shown that people respond favorably to requests made in a reasonable tone of voice and followed with a “because” reason. (…) And it didn’t matter if the reason made sense. (“Excuse me, I have five pages. May I cut in line because I have to make copies?” worked great.) People just responded positively to the framework.

· While idiotic reasons worked with something simple like photocopying, on more complicated issues you can increase your effectiveness by offering reasons that reference your counterpart’s religion.

· But the moment when we’re most ready to throw our hands up and declare “They’re crazy!” is often the best moment for discovering Black Swans that transform a negotiation. It is when we hear or see something that doesn’t make sense—something “crazy”—that a crucial fork in the road is presented: push forward, even more forcefully, into that which we initially can’t process; or take the other path, the one to guaranteed failure, in which we tell ourselves that negotiating was useless anyway.

· (…) people operating with incomplete information appear crazy to those who have different information. Your job when faced with someone like this in a negotiation is to discover what they do not know and supply that information.

· Often the other side is acting on bad information, and when people have bad information they make bad choices. There’s a great computer industry term for this: GIGO—Garbage In, Garbage Out

· In any negotiation where your counterpart is acting wobbly, there exists a distinct possibility that they have things they can’t do but aren’t eager to reveal. Such constraints can make the sanest counterpart seem irrational. The other side might not be able to do something because of legal advice, or because of promises already made, or even to avoid setting a precedent. Or they may just not have the power to close the deal.

· The presence of hidden interests isn’t as rare as you might think. Your counterpart will often reject offers for reasons that have nothing to do with their merits. A client may put off buying your product so that their calendar year closes before the invoice hits, increasing his chance for a promotion. Or an employee might quit in the middle of a career-making project, just before bonus season, because he or she has learned that colleagues are making more money. For that employee, fairness is as much an interest as money. Whatever the specifics of the situation, these people are not acting irrationally. They are simply complying with needs and desires that you don’t yet understand, what the world looks like to them based on their own set of rules. Your job is to bring these Black Swans to light.

· As we’ve seen, when you recognize that your counterpart is not irrational, but simply ill-informed, constrained, or obeying interests that you do not yet know, your field of movement greatly expands. And that allows you to negotiate much more effectively.

· No matter how much research you do, there’s just some information that you are not going to find out unless you sit face-to-face.

· While you have to get face time, formal business meetings, structured encounters, and planned negotiating sessions are often the least revealing kinds of face time because these are the moments when people are at their most guarded. Hunting for Black Swans is also effective during unguarded moments at the fringes, whether at meals like my client had with his Coca-Cola contact, or the brief moments of relaxation before or after formal interactions. During a typical business meeting, the first few minutes, before you actually get down to business, and the last few moments, as everyone is leaving, often tell you more about the other side than anything in between. That’s why reporters have a credo to never turn off their recorders: you always get the best stuff at the beginning and the end of an interview. Also pay close attention to your counterpart during interruptions, odd exchanges, or anything that interrupts the flow. When someone breaks ranks, people’s façades crack just a little. Simply noticing whose cracks and how others respond verbally and nonverbally can reveal a gold mine. WHEN IT DOESN’T MAKE SENSE, THERE’S CENTS TO BE MADE Students often ask me whether Black Swans are specific kinds of information or any kind that helps. I always answer that they are anything that you don’t know that changes things.

· But stop and think about that. Are we really afraid of the guy across the table? I can promise you that, with very few exceptions, he’s not going to reach across and slug you. No, our sweaty palms are just an expression of physiological fear, a few trigger-happy neurons firing because of something more base: our innate human desire to get along with other members of the tribe. It’s not the guy across the table who scares us: it’s conflict itself.

· More than a little research has shown that genuine, honest conflict between people over their goals actually helps energize the problem-solving process in a collaborative way. Skilled negotiators have a talent for using conflict to keep the negotiation going without stumbling into a personal battle.

· (…) the adversary is the situation and that the person that you appear to be in conflict with is actually your partner.

· Remember, pushing hard for what you believe is not selfish. It is not bullying. It is not just helping you. Your amygdala, the part of the brain that processes fear, will try to convince you to give up, to flee, because the other guy is right, or you’re being cruel. But if you are an honest, decent person looking for a reasonable outcome, you can ignore the amygdala.

· When you ask calibrated questions, yes, you are leading your counterpart to your goals. But you are also leading them to examine and articulate what they want and why and how they can achieve it. You are demanding creativity of them, and therefore pushing them toward a collaborative solution.

· (…) don’t avoid honest, clear conflict. It will get you the best car price, the higher salary, and the largest donation. It will also save your marriage, your friendship, and your family.

· One can only be an exceptional negotiator, and a great person, by both listening and speaking clearly and empathetically; by treating counterparts—and oneself—with dignity and respect; and most of all by being honest about what one wants and what one can—and cannot—do. Every negotiation, every conversation, every moment of life, is a series of small conflicts that, managed well, can rise to creative beauty. Embrace them.

· ■ Let what you know—your known knowns—guide you but not blind you. Every case is new, so remain flexible and adaptable. Remember the Griffin bank crisis: no hostage-taker had killed a hostage on deadline, until he did. ■ Black Swans are leverage multipliers. Remember the three types of leverage: positive (the ability to give someone what they want); negative (the ability to hurt someone); and normative (using your counterpart’s norms to bring them around). ■ Work to understand the other side’s “religion.” Digging into worldviews inherently implies moving beyond the negotiating table and into the life, emotional and otherwise, of your counterpart. That’s where Black Swans live. ■ Review everything you hear from your counterpart. You will not hear everything the first time, so double-check. Compare notes with team members. Use backup listeners whose job is to listen between the lines. They will hear things you miss. ■ Exploit the similarity principle. People are more apt to concede to someone they share a cultural similarity with, so dig for what makes them tick and show that you share common ground. ■ When someone seems irrational or crazy, they most likely aren’t. Faced with this situation, search for constraints, hidden desires, and bad information. ■ Get face time with your counterpart. Ten minutes of face time often reveals more than days of research. Pay special attention to your counterpart’s verbal and nonverbal communication at unguarded moments—at the beginning and the end of the session or when someone says something out of line.

· When the pressure is on, you don’t rise to the occasion—you fall to your highest level of preparation

· SECTION I: THE GOAL Think through best/worst-case scenarios but only write down a specific goal that represents the best case.

· God knows aiming low is seductive. Self-esteem is a huge factor in negotiation, and many people set modest goals to protect it. It’s easier to claim victory when you aim low. That’s why some negotiation experts say that many people who think they have “win-win” goals really have a “wimp-win” mentality. The “wimp-win” negotiator focuses on his or her bottom line, and that’s where they end up.

· Bottom line: People who expect more (and articulate it) get more. Here are the four steps for setting your goal: ■ Set an optimistic but reasonable goal and define it clearly. ■ Write it down. ■ Discuss your goal with a colleague (this makes it harder to wimp out). ■ Carry the written goal into the negotiation.

· SECTION II: SUMMARY Summarize and write out in just a couple of sentences the known facts that have led up to the negotiation

· You must be able to summarize a situation in a way that your counterpart will respond with a “That’s right.” If they don’t, you haven’t done it right.

· SECTION III: LABELS/ACCUSATION AUDIT Prepare three to five labels to perform an accusation audit.

· SECTION IV: CALIBRATED QUESTIONS Prepare three to five calibrated questions to reveal value to you and your counterpart and identify and overcome potential deal killers.

· What are we trying to accomplish? How is that worthwhile? What’s the core issue here? How does that affect things? What’s the biggest challenge you face? How does this fit into what the objective is?

· QUESTIONS TO IDENTIFY BEHIND-THE-TABLE DEAL KILLERS When implementation happens by committee, the support of that committee is key. You’ll want to tailor your calibrated questions to identify and unearth the motivations of those behind the table, including: How does this affect the rest of your team? How on board are the people not on this call? What do your colleagues see as their main challenges in this area?

· QUESTIONS TO USE TO UNEARTH THE DEAL-KILLING ISSUES What are we up against here? What is the biggest challenge you face? How does making a deal with us affect things? What happens if you do nothing? What does doing nothing cost you? How does making this deal resonate with what your company prides itself on? It’s often very effective to ask these in groups of two or three as they are similar enough that they help your counterpart think about the same thing from different angles.

· Be ready to execute follow-up labels to their answers to your calibrated questions.

· SECTION V: NONCASH OFFERS Prepare a list of noncash items possessed by your counterpart that would be valuable. Ask yourself: “What could they give that would almost get us to do it for free?”

#Chris voss #never split the difference #non-fiction #books #quotes

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