The
way that you conduct yourself in a negotiation
can dramatically the outcome. I've been teaching
negotiating to business leaders throughout North
America since 1982 and I've distilled this down
to five essential principles. These principles
are always at work for you and will help you smoothly
get what you want:
Get
the Other Side to Commit First Power Negotiators
know that you're usually better off if you can
get the other side to commit to a position first.
Several reasons are obvious:
Their
first offer may be much better than you expected.
- It
gives you information about them before you
have to tell them anything.
It
enables you to bracket their proposal. If
they state a price first, you can bracket
them, so if you end up splitting the difference,
you'll get what you want. If they can get
you to commit first, they can then bracket
your proposal.
Then
if you end up splitting the difference, they
get what they wanted.
The less you know about the other side or the
proposition that you're negotiating, the more
important the principle of not going first becomes.
If the Beatles' manager Brian Epstein had understood
this principle he could have made the Fab Four
millions more on their first movie. United Artists
wanted to cash in on the popularity of the singing
group but was reluctant to go out on a limb
because United Artists didn't know how long
the Beatles would stay popular. They could have
been a fleeting success that fizzled out long
before their movie hit the screens. So they
planned it as an inexpensively made exploitation
movie and budgeted only $300,000 to make it.
This was clearly not enough to pay the Beatles
a high salary. So United Artists planned to
offer the Beatles as much as 25 percent of the
profits. The Beatles were such a worldwide sensation
in 1963 that the producer was very reluctant
to ask them to name their price first, but he
had the courage to stay with the rule. He offered
Epstein $25,000 up fro nt and asked him what
percentage of the profits he thought would be
fair.
Brian
Epstein didn't know the movie business and should
have been smart enough to play Reluctant Buyer
and use Good Guy/Bad Guy. He should have said,
"I don't think they'd be interested in
taking the time to make a movie, but if you'll
give me your very best offer, I'll take it to
them and see what I can do for you with them."
Instead, his ego wouldn't let him play dumb,
so he assertively stated that they would have
to get 7.5 percent of the profits or they wouldn't
do it. This slight tactical error cost the group
millions when the director Richard Lester, to
every one's surprise, created a brilliantly
humorous portrait of a day in the group's life
that became a worldwide success.
If
both sides have learned that they shouldn't
go first, you can't sit there forever with both
sides refusing to put a number on the table,
but as a rule you should always find out what
the other side wants to do first.
Act
Dumb, Not Smart
To
Power Negotiators, smart is dumb and dumb is
smart. When you are negotiating, you're better
off acting as if you know less than everybody
else does, not more. The dumber you act, the
better off you are unless your apparent I.Q.
sinks to a point where you lack any credibility.
There
is a good reason for this. With a few rare exceptions,
human beings tend to help people that they see
as less intelligent or informed, rather than
taking advantage of them. Of course there are
a few ruthless people out there who will try
to take advantage of weak people, but most people
want to compete with people they see as brighter
and help people they see as less bright. So,
the reason for acting dumb is that it diffuses
the competitive spirit of the other side. How
can you fight with someone who is asking you
to help them negotiate with you? How can you
carry on any type of competitive banter with
a person who says, "I don't know, what
do you think?" Most people, when faced
with this situation, feel sorry for the other
person and go out of their way to help him or
her.
Do
you remember the TV show Columbo? Peter Falk
played a detective who walked around in an old
raincoat and a mental fog, chewing on an old
cigar butt. He constantly wore an expression
that suggested he had just misplaced something
and couldn't remember what it was, let alone
where he had left it. In fact, his success was
directly attributable to how smart he was-by
acting dumb. His demeanor was so disarming that
the murderers came close to wanting him to solve
his cases because he appeared to be so helpless.
The
negotiators who let their egos take control
of them and come across as a sharp, sophisticated
negotiator commit to several things that work
against them in a negotiation. These include
being the following:
A
fast decision-maker who doesn't need time
to think things over.
Someone
who would not have to check with anyone else
before going ahead.
Someone
who doesn't have to consult with experts before
committing.
Someone
who would never stoop to pleading for a concession.
Someone
who would never be overridden by a supervisor.
Someone
who doesn't have to keep extensive notes about
the progress of the negotiation and refer
to them frequently.
The
Power Negotiator who understands the importance
of acting dumb retains these options:
- Requesting
time to think it over so that he or she can
thoroughly think through the dangers of accepting
or the opportunities that making additional
demands might bring
Deferring
a decision while he or she checks with a committee
or board of directors.
Asking
for time to let legal or technical experts
review the proposal.
Pleading
for additional concessions.
Using
Good Guy/Bad Guy to put pressure on the other
side without confrontation.
Taking
time to think under the guise of reviewing
notes about the negotiation.
I
act dumb by asking for the definitions of words.
If the other side says to me, "Roger, there
are some ambiguities in this contract," I
respond with, "Ambiguities . . .ambiguities
. . . hmmm, you know I've heard that word before,
but I'm not quite sure what it means. Would you
mind explaining it to me?" Or I might say,
"Do you mind going over those figures one
more time? I know you've done it a couple of times
already, but for some reason, I'm not getting
it. Do you mind?" This makes them think:
What a klutz I've got on my hands this time. In
this way, I lay to rest the competitive spirit
that could have made a compromise very difficult
for me to accomplish. Now the other side stops
fighting me and starts trying to help me.
Be
careful that you're not acting dumb in your
area of expertise. If you're a heart surgeon,
don't say, "I'm not sure if you need a
triple by-pass or if a double by-pass will do."
If you're an architect, don't say, "I don't
know if this building will stand up or not."
Win-win
negotiating depends on the willingness of each
side to be truly empathetic to the other side's
position. That's not going to happen if both
sides continue to compete with each other. Power
Negotiators know that acting dumb diffuses that
competitive spirit and opens the door to win-win
solutions.
Think
in Real Money Terms but Talk Funny Money
There
are all kinds of ways of describing the price
of something. If you went to the Boeing Aircraft
Company and asked them what it costs to fly
a 747 coast to coast, they wouldn't tell you
"Fifty-two thousand dollars." They
would tell you eleven cents per passenger mile.
Sales-people
call that breaking it down to the ridiculous.
Haven't we all had a real estate salesperson
say to us at one time or another, "Do you
realize you're talking 35¢ a day here?
You're not going to let 35¢ a day stand
between you and your dream home are you?"
It probably didn't occur to you that 35¢
a day over the 30-year life of a real estate
mortgage is more than $7,000. Power Negotiators
think in real money terms.
When
that supplier tells you about a 5¢ increase
on an item, it may not seem important enough
to spend much time on. Until you start thinking
of how many of those items you buy during a
year. Then you find that there's enough money
sitting on the table to make it well worth your
while to do some Power Negotiating.
I
once dated a woman who had very expensive taste.
One day she took me to a linen store in Newport
Beach because she wanted us to buy a new set
of sheets. They were beautiful sheets, but when
I found out that they were $1,400, I was astonished
and told the sales clerk that it was the kind
of opulence that caused the peasants to storm
the palace gates.
She
calmly looked at me and said, "Sir, I don't
think you understand. A fine set of sheets like
this will last you at least 5 years, so you're
really talking about only $280 a year."
Then she whipped out a pocket calculator and
frantically started punching in numbers. "That's
only $5.38 a week. That's not much for what
is probably the finest set of sheets in the
world."I said, "That's ridiculous."
Without
cracking a smile, she said, "I'm not through.
With a fine set of sheets like this, you obviously
would never sleep alone, so we're really talking
only 38 cents per day, per person." Now
that's really breaking it down to the ridiculous.
Here
are some other examples of funny money:
Interest
rates expressed as a percentage rather than
a dollar amount.
The
amount of the monthly payments being emphasized
rather than the true cost of the item.
Cost
per brick, tile, or square foot rather than
the total cost of materials.
An
hourly increase in pay per person rather than
the annual cost of the increase to the company.
Insurance
premiums as a monthly amount rather than an
annual cost.
The
price of land expressed as the monthly payment
Businesses know that if you're not having to pull
real money out of your purse or pocket, you're
inclined to spend more. It's why casinos the world
over have you convert your real money to gaming
chips. It's why restaurants are happy to let you
use a credit card although they have to pay a
percentage to the credit card company. When I
worked for a department store chain, we were constantly
pushing our clerks to sign up customers for one
of our credit cards because we knew that credit
card customers will spend more and they will also
buy better quality merchandise than a cash customer.
Our motivation wasn't entirely financial in pushing
credit cards. We also knew that because credit
card customers would buy better quality merchandise,
it would satisfy them more, and they would be
more pleased with their purchases.
-
So,
when you're negotiating break the investment
down to the ridiculous because it does sound
like less money, but learn to think in real
money terms. Don't let people use the Funny
Money Gambit on you.Concentrate on the Issues
Power
Negotiators know that they should always concentrate
on the issues and not be distracted by the actions
of the other negotiators. Have you ever watched
tennis on television and seen a highly emotional
star like John McEnroe jumping up and down at
the other end of the court. You wonder to yourself,
"How on Earth can anybody play tennis against
somebody like that? It's such a game of concentration,
it doesn't seem fair."
The
answer is that good tennis players understand
that only one thing affects the outcome of the
game of tennis. That's the movement of the ball
across the net. What the other player is doing
doesn't affect the outcome of the game at all,
as long as you know what the ball is doing.
So in that way, tennis players learn to concentrate
on the ball, not on the other person. When you're
negotiating, the ball is the movement of the
goal concessions across the negotiating table.
It's the only thing that affects the outcome
of the game; but it's so easy to be thrown off
by what the other people are doing, isn't it?
I remember once wanting to buy a large real
estate project in Signal Hill, California that
comprised eighteen four-unit buildings. I knew
that I had to get the price far below the $1.8
million that the sellers were asking for the
property, which was owned free and clear by
a large group of real estate investors. A real
estate agent had brought it to my attention,
so I felt obligated to let him present the first
offer, reserving the right to go back and negotiate
directly with the sellers if he wasn't able
to get my $1.2 million offer accepted.
The
last thing in the world the agent wanted to
do was present an offer at $1.2 million-$600,000
below the asking price-but finally I convinced
him to try it and off he went to present the
offer. By doing that, he made a tactical error.
He shouldn't have gone to them; he should have
had them come to him. You always have more control
when you're negotiating in your power base than
if you go to their power base.
He
came back a few hours later, and I asked him,
"How did it go?" "It was awful,
just awful. I'm so embarrassed." He told
me. "I got into this large conference room,
and all of the principals had come in for the
reading of the offer. They brought with them
their attorney, their CPA, and their real estate
broker. I was planning to do the silent close
on them." (Which is to read the offer and
then be quiet. The next person who talks loses
in the negotiations.) "The problem was,
there wasn't any silence. I got down to the
$1.2 million and they said, 'Wait a minute.
You're coming in $600,000 low? We're insulted."
Then they all got up and stormed out of the
room. I said, "Nothing else happened?"
He
said, "Well, a couple of the principals
stopped in the doorway on their way out, and
they said: 'We're not gonna come down to a penny
less than $1.5 million.' It was just awful.
Please don't ever ask me to present an offer
that low again."
I
said, "Wait a minute. You mean to tell
me that, in five minutes, you got them to come
down $300,000, and you feel bad about the way
the negotiations went?"
See
how easy it is to be thrown off by what the
other people are doing, rather than concentrating
on the issues in a negotiation. It's inconceivable
that a full-time professional negotiator, say
an international negotiator, would walk out
of negotiations because he doesn't think the
other people are fair. He may walk out, but
it's a specific negotiating tactic, not because
he's upset. Can you imagine a top arms negotiator
showing up in the White House, and the President
saying, "What are you doing here? I thought
you were in Geneva negotiating with the Russians."
"Well,
yes, I was, Mr. President, but those guys are
so unfair. You can't trust them and they never
keep their commitments. I got so upset, I just
walked out." Power Negotiators don't do
that. They concentrate on the issues, not on
the personalities. You should always be thinking,
"Where are we now, compared to where we
were an hour ago or yesterday or last week?"
Secretary
of State Warren Christopher said, "It's
okay to get upset when you're negotiating, as
long as you're in control, and you're doing
it as a specific negotiating tactic." It's
when you're upset and out of control that you
always lose.
That's
why salespeople will have this happen to them.
They lose an account. They take it into their
sales manager, and they say, "Well, we
lost this one. Don't waste any time trying to
save it. I did everything I could. If anybody
could have saved it, I would have saved it."
So,
the sales manager says, "Well, just as
a public relations gesture, let me give the
other side a call anyway." The sales manager
can hold it together, not necessarily because
he's any brighter or sharper than the salesperson,
but because he hasn't become emotionally involved
with the people the way the salesperson has.
Don't do that. Learn to concentrate on the issues.
Always
Congratulate The Other Side
When
you're through negotiating, you should always
congratulate the other side. However poorly
you think the other person may have done in
the negotiations, congratulate them. Say, "Wow-did
you do a fantastic job negotiating that. I realize
that I didn't get as good a deal as I could
have done, but frankly, it was worth it because
I learned so much about negotiating. You were
brilliant." You want the other person to
feel that he or she won in the negotiations.
One
of my clients is a large magazine publishing
company that has me teach Power Negotiating
to its sales force. When I was telling the salespeople
how they should never gloat in a negotiation,
the founder of the company jumped to his feet
and said, "I want to tell you a story about
that." Very agitated, he went on to tell
the group, "My first magazine was about
sailing, and I sold it to a huge New York magazine
publisher. I flew up there to sign the final
contract, and the moment I signed it and thanked
them, they said to me, 'If you'd have been a
better negotiator, we would have paid you a
lot more.' That was 25 years ago and it still
burns me up when I think about it today. I told
them that if they had been better negotiators,
I would have taken less." Let me ask you
something. If that magazine publisher wanted
to buy another one of his magazines, would he
start by raising the price on them? Of course
he would. However harmless it may seem, be sensitive
to how you're reacting to the deal. Never gloat
a nd always congratulate.
When
I published my first book on negotiating a newspaper
reviewed it and took exception to my saying
that you should always congratulate, saying
that it was manipulative to congratulate the
other side when you didn't really think that
they had won. I disagree. I look upon it as
the ultimate in courtesy for the conqueror to
congratulate the vanquished. When the British
army and navy went down the Atlantic to recapture
the Falkland Islands from the Argentineans,
it was quite a rout. Within a few days, the
Argentine navy lost most of its ships and the
victory for the English was absolute. The evening
after the Argentinean admiral surrendered, the
English admiral invited him on board to dine
with his officers and congratulated him on a
splendid campaign.
Power
Negotiators always want the other parties thinking
that they won in the negotiations. It starts
by asking for more than you expect to get. It
continues through all of the other Gambits that
are designed to service the perception that
they're winning. It ends with congratulating
the other side.
If
you let these five principles guide your conduct
when you're negotiating, they will serve you
well and help you become a Power Negotiator.
|