CharlieThe power of a mediator often comes from working out an ingenious solution that reconciles reasonably well the legitimate interests of both sides.Either negotiator has similar power to affect an agreement that takes care of their interests by generating ideas that take care of some or most of the other side’s interests as well.A wise negotiator includes many options in their preparatory work that meet as many of the legitimate interests of both sides as possible
CharlieShaping proposed solutions around objective criteria and potential standards of legitimacy help make them legitimate in the eyes of your counterpartBeing open to persuasion is itself persuasive- should speak like an advocate seeking to convince an able and honest arbitrator, and should listen as such an arbitratorThere is a trade off between a highly favorable principle that is less legitimate, and a less favorable principle that is more legitimate- find a balance that neither damages credibility nor tangles you in a less favorable principle; research & be prepared
CharlieNeed. The essential question here is: who needs this more?The more intense your need to come to an agreement, the more power the other party will have. Options. What are the options for each party if an agreement is not reached?The more options you have, and the fewer acceptable options the other party has, the greater your negotiating power. Time. Impending events that place a deadline on either party. If the buyer is under time pressure, it usually gives the salesperson negotiating strength.Relationship. How strong is your relationship with the other party?If you have a high quantity of high quality relationships you have relationship power. Investment. How much time and energy has been invested in the process?The more effort someone invests, the more committed he or she will be to reaching an agreement. If you put in significant hours of preparation, you'll have a hard time walking away from the deal.Credibility.Knowledge. Knowledge is power.You have knowledge power when you thoroughly understand the other party’s problems and needs and can foresee how the products or services you are offering will help them achieve those needs.Skill. Who is the most skillful negotiator?Today, you must constantly improve your skills, just to keep up.http://www.businessknowhow.com/marketing/eightsourcesofpower.htm
Katie S.There are many elements to strong negotiating, such as information, time, and strategy, that must be understood and practiced. However, power is arguably the first step to winning a negotiation.Power is on both sides of the negotiation, though usually not equally. A single side cannot have all the power, otherwise the negotiation wouldn’t have been started in the first place. Often it is uncertain who has the most power, and that’s what results in the use of power plays.There are different types of power, such as position, knowledge and character. For example, as the marketing manager, you probably have the power to affect decisions in the Marketing Department. Its important to know the power you have, and to use it… otherwise it’s not any good to you.Power can be real or apparent. Real power is as it sounds, actually having the capability to do or enforce the action. Contrasting that is apparent power, where the opponent believes you have the power even when you don’t. An example of this is a teacher passing out copies of the test on exam day. He wants to prevent cheating, so he announces to the class that he will “uphold the university’s policy on cheating”. A student asks what that policy is, and the teacher responds “if you have to ask, you don’t want to know”. The teacher may not know what the cheating policy is for the university, or if there even is one. His apparent power over enforcing a cheating policy has caused the students to fear the consequences of cheating, and take the test honestly.http://www.negotiatingguide.com/negotiation/powerarticle.htm
Katie S.While negotiations may start off with neutral emotions, it’s common for your opponent’s emotion to swing wide into negativism, or even the opposite, into positivism. Strong emotions are usually bad for negotiations, and a skilled negotiator can steer the opponent back into a calmer, more neutral state of emotion.One way for the negotiator to do this, is using either positive or negative strip lines. Positive strip lines subdue the excitement of your opponent, while negative strip lines draw your opponent away from their negativisim. The term strip line comes from fishing. Sometimes after you hook a fish, if you try to reel it in too fast, the line will break. But if you wait to set the hook until the fish runs some line and burns some energy off, you are more likely to successfully reel it in.Camp, Jim (2007-06-19). No: The Only Negotiating System You Need for Work and Home (p. 155). Random House, Inc.. Kindle Edition.
Katie S.Camp, Jim (2007-06-19). No: The Only Negotiating System You Need for Work and Home (p. 156). Random House, Inc.. Kindle Edition.
Katie S.It might seem counterintuitive to subdue the excitement of your opponent, after all you want them to make the deal. But what goes up, must come down, and eventually their heavily positive emotions will swing back towards a negative outlook, but with more momentum. It’s better them to have doubts in front of you, when you have the chance to mitigate it, instead of later when they’re alone.Camp, Jim (2007-06-19). No: The Only Negotiating System You Need for Work and Home (p. 159). Random House, Inc.. Kindle Edition.
Katie MIt might be surprising, but you want to go even MORE negative in this situation. By startling them with your own negativity, you can get them to listen and analyze their own negative bias. Camp, Jim (2007-06-19). No: The Only Negotiating System You Need for Work and Home (p. 161). Random House, Inc.. Kindle Edition.
Katie MNow that we’ve talked about what a power play is, and how they work, let’s talk about how to deal with them.If your opponent uses a power play on you, there are a few options for disarming it, or lessening the effect.First, you can delay… “This is an interesting offer, but I am not authorized to make this decision. Please give me some time to clear this with him.” You may or may not actually need to consult your manager, but you’ve given your opponent a reason to delay, and this gives you time to think. Similarly, you might say “I had not considered this until now, and I’d like to. I need some time to go over the financials and information before I can talk about it further”. Both examples of delaying tactics are in essence just ways to buy you time.Second, you can go negative… The classic example of this is “walking away”. Not only do you have to look convincing, you also have to be prepared to actually do it, and walk out the door. Announce that you do not have any more time for this negotiation that you sense is going no where, pack up your stuff, and start walking towards the door. If your opponent was truly just using a power play against you, and doesn’t want you to leave, he will ask you to stay, and you’ve accomplished what you wanted with this disarming trick. However, should your opponent actually let you walk out the door, then you will know that he was not using a power play, but in fact holding firm on his position. At this point, it might be in your interests to let the deal go, or you might have to figure out a way to come back to the negotiation. An alternative to “walking away” is make your opponent be the one to say “NO!”. You might say something like “This offer is not realistic at all, are you trying to tell me that you don’t want to negotiate at all?” This is designed to test your opponent’s authority, and see if they have the power to end the negotiations. Lastly, you can call them out on their power plays. Particularly, if your opponent continually uses the same power play over and over, you can simply say “I’ve noticed that you constantly challenge my competence in our negotiations. We need to get past this if we’re going to get anywhere.”You may eventually come to realize that your opponent isn’t just using power plays as a tool, but he in fact believes he has all the power in the situation. In this case, compromise isn’t likely, and your opponent isn’t joining the negotiation with any intent except to get exactly what he wants. Its best for you to walk away in situations like this.http://knowledgenetwork.thunderbird.edu/worldcafe/2009/11/03/powerplay/http://adifferentlight.wordpress.com/2007/09/20/power-plays-in-negotiations-calling-their-bluff/
KenShell, G. Richard (2006-05-02). Bargaining for Advantage: Negotiation Strategies for Reasonable People (Kindle Location 2027). Penguin Group. Kindle Edition.
Power Plays in Negotiation
Power PlaysTeam Butterfinger
• A strategy using one’s power or authority to carry out a plan or to get one’s way• Tactics exhibiting or intended to increase a persons power or influence• A strategic maneuver based on the use or threatened use of power as a means of coercion• An aggressive attempt to compel acquiescence by the concentration or manipulation of powerPower Play Defined
• Developing skills can make you a more proficient negotiator• Knowledge about the people involved• Knowledge about the interest involved• Knowledge about the facts• Knowledge is powerSkill and Knowledge
• The better the working relationship, the more power you have• Create a reputation based on trust• Strong communication is effective and efficientGood Relationship
• Increase power by increasing your BATNA• Sets a floor for the negotiation• Conversely, the worse their BATNA is the power for yourselfGood Alternative
• The power of a mediator• Either negotiator has similar power• A wise negotiator includes many options in their preparatory work• Brainstorming is an effective approachElegant Solution
• Shaping proposed solutions around objective criteria and potential standards of legitimacy• Being open to persuasion is itself persuasive• There is a trade off between a highly favorable principle that is less legitimate, and a less favorable principle that is more legitimate• Research & be preparedLegitimacy
• The previous five powers can all be enhanced by work done in advance of the negotiation• Affirmative Commitments • What I am willing to agree to • What I am willing to do if no agreement is reached• Negative Commitments • What I am unwilling to agree to • A threat to engage in negative conduct should no agreement be reachedCommitment
• The first key to successful negotiations is understanding and using power• Power is not equal on each side, but is uncertain• Types of power• Real power vs apparent powerPower in Negotiations
• Emotion swings are typically bad for negotiations• Want to avoid both strong and negative emotions• Good negotiator keeps pendulum in the middle• Positive and Negative Strip Lines• Stripping: Fishing technique where you do not set hook until the fish runs off some line and burns some energy.Emotion Pendulum
• Situation: Your mom is notorious for buying expensive dresses on a whim, but changing her mind the next day and returning it to the store. The store clerk is only too happy to sell her the dress at the time, after all it’s an easy sell when the customer is over-excited about the purchase. But the sale is for nothing, if your mom returns the dress the next day.• What could the sales clerk have done better to reduce the likelihood that your mom would return the dress?Positive Strip Line
• Putting a damper on suspiciously positive emotions• Apply a gentle brake as a way to bring everyone back more toward a more neutral position• Customer’s pendulum will swing back down• Better for them to have doubts in your presence• Sales clerk: • “It’s a lovely dress, but are you sure about that shade of orange?” • “Excellent choice, but maybe you should try on some others to be sure this is the one?”Positive Strip Line
• Situation: A defense attorney is representing a client on a murder charge, that has a mountain of evidence against them. One look at the jury box tells the defender that each juror has already decided your client is guilty. It will be near impossible to get them to consider the facts that your client might be innocent.• What’s the best way to swing the emotions of the jurors away from the negative?• Legal Eagles ClipNegative Strip Line
• Be even more negative than the jurors• Startle them into analyzing their own attitudes• Defense Attorney: • “You’re not listening to a word I’m saying.” • “I’m here to show you my client is innocent, but you’re not buying this, are you?” • “I don’t blame you, even I’m convinced my client is a murderer.”Negative Strip Line
• Delaying Tactic • Higher Authority • Research• Going Negative • Walking away • Go for no• Calling them out • Point out of their excessive power plays• And if they truly believe they have all the power…Disarming Your Opponent
1. Challenging competence or expertise: Such moves devalue the other partys opinion, position, or service. In a contract negotiation, for instance, the move - "Your fees are way out of line with what you deliver".2. Demeaning Ideas: Ideas are attacked in ways that leave their proposer little room to respond -"You cant be serious about this project plan“3. Criticizing Styles: In this move, the other partys emotions and behavior are called into question; she might be characterized as inconsistent, irrational, selfish, or hypersensitive. - “Calm Down”4. Making Threats: The goal here is to force a choice on the other party. These assertions of power back the other party into a corner, making it risky for him to propose some other solution.5. Flattering or appealing for sympathy: Ignore the implication of the move and shift the focus to the problem itself.Moves Negotiators Make
Making Threats: • Charge Stacking? • “Charge stacking” is a process by which police and prosecutors create case with numerous charges or numerous instances of the same charge to convince the defendant that the risk of not pleading guilty is intolerable. The defendant may be convinced to plead guilty to a few of the charges in return for not being prosecuted for the remaining charges.Moves Negotiators Make Ex. 1
• Leverage is situational• Recognition is key • Moves attempt to destabilize • Counter puts mover on notice that you don’t accept positioning• Turns serve two functions • Restoration: Regain the credibility that is being challenged by your counterparts moves • Participation: Engage the other party by phrasing response in a way that creates space to talk non-defensivelyLeverage vs. Power
1. Interruption: Breaks can disrupt a move. Afterward, no one will be in precisely the same position as before.2. Naming: Signal you recognize a move for what it is to let it be known that you have not been taken in.3. Questioning: Put the burden back on the mover by conveying that the move seems puzzling or unprovoked.4. Correcting: Refuse to rise to the bait and rely on a strategic substitution to deflect5. Diverting: Ignore the implication of the move and shift the focus to the problem itselfCountering a Move
• The Office• Multiple “turns” employed• Which turns did you identify?Countering a Move Ex. 1
• Hanafi Muslim hostage situation • Hamaas Abdul Khaalis • Making threats • Challenged competence • Ultimately, appeal for sympathyCountering a Move Ex. 2
• Surrender of convicted for murderers • Diverting• For whom is time a factor? • Interruptions• Surrounding the building • NamingCountering a Move Ex. 2