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Table of Contents
 
Title Page
Dedication
Introduction
 
Section One - Playing the Power Negotiating Game
Chapter 1 - Ask for More Than You Expect to Get
Bracketing
Chapter 2 - Never Say Yes to the First Offer
Something Must Be Wrong
Chapter 3 - Flinch at Proposals
Chapter 4 - Avoid Confrontational Negotiation
Chapter 5 - The Reluctant Seller and the Reluctant Buyer
Chapter 6 - Use the Vise Technique
Chapter 7 - Handling the Person Who Has No Authority to Decide
The Other Side Loves to Use Higher Authority
The Counter Gambits to Higher Authority
Chapter 8 - The Declining Value of Services
Chapter 9 - Never Offer to Split the Difference
Chapter 10 - Handling Impasses
Chapter 11 - Handling Stalemates
Chapter 12 - Handling Deadlocks
Chapter 13 - Always Ask for a Trade-Off
Chapter 14 - Good Guy/Bad Guy
Counter Gambits to Good Guy/Bad Guy
Chapter 15 - Nibbling
Look Out for People Nibbling on You
Prevent the Other Side From Nibbling on You
Preventing Post-Negotiation Nibbles
Chapter 16 - How to Taper Concessions
Chapter 17 - The Withdrawing an Offer Gambit
Chapter 18 - Positioning for Easy Acceptance
Chapter 19 - The Decoy
Chapter 20 - The Red Herring
Chapter 21 - Cherry picking
Buyers Love Cherry Picking—Sellers Hate It
Chapter 22 - The Deliberate Mistake
Chapter 23 - The Default
Chapter 24 - Escalation
Chapter 25 - Planted Information
Chapter 26 - Get the Other Side to Commit First
Chapter 27 - Acting Dumb Is Smart
Chapter 28 - Don’t Let the Other Side Write the Contract
Chapter 29 - Read the Contract Every Time
Chapter 30 - Funny Money
Chapter 31 - People Believe What They See in Writing
Chapter 32 - Concentrate on the Issues
Chapter 33 - Always Congratulate the Other Side
 
Section Two - Resolving Tough Negotiating Problems
Chapter 34 - The Art of Mediation
The Importance of Mediation
Why Mediation Works
The Mediator Perceived as Neutral Is Important
The Process of Mediation
Initial Contact With the Parties
First Private Meeting
Second Private Meeting
Resolution Stage
Chapter 35 - The Art of Arbitration
Setting Up the Arbitration
Neutrality of the Arbitrators
Preliminary Meeting
Exchange of Information Prior to the First Hearing
The Arbitration Hearing
Conduct of the Arbitrator
An Important Difference Between Arbitration and Litigation
Rendering an Award
After the Award
Chapter 36 - The Art of Conflict Resolution
 
Section Three - Negotiating Pressure Points
Chapter 37 - Time Pressure
Tie Up All the Details Up Front
People Become Flexible Under Time Pressure
As Negotiations Drag on, People Become More Flexible
Acceptance Time
Chapter 38 - Information power
Rule 1: Don’t Be Afraid to Admit That You Don’t Know
Rule 2: Don’t Be Afraid to Ask the Question
Rule 3: Ask Open-Ended Questions
Rule 4: Where You Ask the Question Makes a Big Difference
Rule 5: Ask Other People—Not With Whom You’ll Negotiate
Rule 6: Ask Questions for Reasons, Not Gathering Information
Chapter 39 - Being Prepared to Walk Away
Developing Walk-Away Power
How to Project Walk-Away Power
Chapter 40 - Take It or Leave It
Responding to Take It or Leave It
Chapter 41 - The Fait Accompli
Chapter 42 - The Hot Potato
Chapter 43 - Ultimatums
 
Section Four - Negotiating With Non-Americans
Chapter 44 - How Americans Negotiate
The American Art of the Deal
High-Context vs. Low-Context Negotiations
Getting Down to Business With Non-Americans
Chapter 45 - How to Do Business With Americans: A Guide for Non-Americans
Americans Are Very Succinct
Americans Answer Questions With One Word
Americans Talk in Idioms
Americans Are Very Patriotic
The American Class System
Religion in America
The Frontier Mentality
Time Is Money to Americans
The Opinionated American
The Friendly American
Business Cards
Tipping in America
The Diverse Population of America
The Self-Reliant American
A Final Word About Americans
Chapter 46 - Negotiating Characteristics of Americans
Americans Tend to Be Very Direct in Our Communications
Americans Resist Making Outrageous Initial Demands
Americans Are More Likely to Negotiate Alone
Americans Are Uncomfortable With Emotional Displays
Americans Expect Short-Term Profits
Americans Are Less Likely to Speak a Foreign Language
Americans Are Not World Travelers
Americans Are Uncomfortable With Silence
Americans Hate to Admit That We Don’t Know
Chapter 47 - Negotiating Characteristics of Non-Americans
English People
French People
German People
Asian People
Russian People
Middle Eastern People
 
Section Five - Understanding the Players
Chapter 48 - Body Language: How to Read People
Why It’s Better to Negotiate Face-to-Face
The Handshake
Where to Sit at a Conference
When to Get Down to Business
Eye Blink Rate
Watch for the Head Tilt
When the Hand Goes to the Head
Keep Your Eyes on the Hands
What Eyeglass Wearers Can Tell You
Proxemics Is the Study of Personal Space
Chapter 49 - Hidden Meanings in Conversation
Opposites
Throwaways
Legitimizers
Justifiers
Erasers
Deceptions
Preparers
Exaggerations
Trial Balloons
Neuro-Linguistic Orientation
Chapter 50 - The Personal Characteristics of a Power Negotiator
The Courage to Probe for More Information
The Patience to Outlast the Other Negotiator
The Courage to Ask for More
The Integrity to Press for a Win-Win Solution
The Willingness to Be a Good Listener
Chapter 51 - The Attitudes of a Power Negotiator
The Willingness to Live With Ambiguity
Be Resilient
A Competitive Spirit
Don’t Be Conflict-Averse
Chapter 52 - The Beliefs of a Power Negotiator
Negotiating Is Always a Two-Way Affair
Negotiating Is Played by a Set of Rules
“No” Is Simply an Opening Negotiating Position
 
Section Six - Developing Power Over the Other Side
Chapter 53 - Legitimate Power
Other Forms of Legitimate Power
Legitimate Power as an Intimidation Factor
Some Titles Don’t Mean a Thing
Chapter 54 - Reward Power
Reward Power as an Intimidation Factor
Chapter 55 - Coercive Power
Chapter 56 - Reverent Power
Reverent Power as an Intimidating Factor
Chapter 57 - Charismatic Power
Charismatic Power as an Intimidating Factor
Chapter 58 - Expertise Power
Expertise Power as an Intimidating Factor
Chapter 59 - Situation Power
Chapter 60 - Information Power
Information Power as an Intimation Factor
Chapter 61 - Combinations of Power
Chapter 62 - Other Forms of Power
The Power of Risk Sharing
The Power of Confusion
The Power of Communicating Options
Chapter 63 - Negotiating Drives
The Competitive Drive
The Solutional Drive
The Personal Drive
The Organizational Drive
The Attitudinal Drive
Chapter 64 - Win-Win Negotiating
Rule 1 of Win-Win Negotiating
Rule 2 of Win-Win Negotiating
Rule 3 of Win-Win Negotiating
Rule 4 of Win - Win Negotiating
 
Conclusion
About the Author
Audio CD and Video Programs
Copyright Page

001

Dedicated to:
 
My beautiful wife, Gisela, who brought love back into my life.
And to all the attendees of my seminars, readers of my books, and listeners to my audio programs, who shared their negotiating stories with me.
And to my three amazing children: Julia, Dwight, and John.
And to my beautiful grandchildren: Astrid and Thomas.
Introduction
What Is Power Negotiating?
A lot has happened since Career Press published the first edition of this book 15 years ago. A great deal has happened to me, and there has been a great deal of change in the world. The big change that affected us all, of course, was the Internet. It is so much easier to communicate with each other than it used to be. These days, I get up in the morning and answer e-mails that come in from around the world overnight because they work when I sleep. These days, I’m just as likely to be teaching Power Negotiating in Shanghai as I am in Seattle.
This third edition very much reflects the brave new world in which we live. You’ll find expanded chapters on negotiating with people from other cultures. It’s what I’ve learned from conducting Power Negotiating seminars around the world, from Kuwait to Nigeria to China, and New Zealand to Iceland. As different as we are, I find that most people want the same thing from a negotiation: They want a fair deal for both sides. They want to use their new negotiating skills to improve their position. They want to be skilled enough to stop the other side from taking advantage of them.
This third edition includes chapters on two subjects that seem to fascinate attendees at my seminars: body language and hidden meanings in Conversation. Remember the high-tech/high-touch theory? It said that the more we contact each other by machine, the more important those rare face-to-face meetings become. The more we are isolated by e-mail and texting of increasingly brief messages, the more we yearn to understand people better.
You’ll also find expanded chapters on mediation and arbitration. That’s a big shift in our new world, and a very welcome one. Taking the other party to court is a very expensive and time-consuming way to resolve issues. The trend to replace that with mediation (when people of good faith, guided by a trained mediator, search for a solution acceptable to both sides) makes so much more sense.
In this edition, you’ll find the new Key Points to Remember invaluable. If you are reading this book on your iPad or Kindle, you’ll find these points valuable as a last-minute brush up before you go into a negotiation. Search for the phrase “Key Points,” and go through them on the plane as you fly to your negotiations. If you’re reading this as a good old-fashioned book, you’ll find Key Points to Remember at the end of nearly every chapter.
A lot has changed in the last 15 years, but much has stayed the same. The objective of a negotiation is still to create a win-win solution, which is a creative way that both you and the other person can walk away from the negotiating table feeling that you’ve won.
Win-win negotiators always talk about the two people who have only one orange, but both want it. They decide that the best they can do is split the orange down the middle, and each settle for half of what they really need. To be sure that it’s fair, they decide that one will cut and the other will choose.
As they discuss their underlying needs in the negotiation, however, they find that one wants the orange to make juice, and the other needs it for the rind because he wants to bake a cake. They have magically found a way that both of them can win, and neither has to lose.
Oh, sure! That could happen in the real world, but it doesn’t happen enough to make the concept meaningful. Let’s face it: When you’re sitting down in a negotiation, chances are that the other side wants the same thing that you do. There’s not going to be a magical win-win solution. If they’re buying, they want the lowest price and you want the highest price. If they’re selling, they want the highest price and you want the lowest. They want to take money out of your pocket and put it right into theirs.
Power Negotiating takes a different position. It teaches you how to win at the negotiating table, but leave the other person feeling that he or she won. I’ll teach you how to do this and do it in such a way that the other side permanently feels that they won. They don’t wake up the next morning thinking, “Now I know what that person did to me. Wait until I see her again.” No! They’ll be thinking what a great time they had negotiating with you and how they can’t wait to see you again.
The ability to make others feel that they won is so important that I’d almost give you that as a definition of a Power Negotiator. Two people might enter a negotiation in which the circumstances were the same. Perhaps they’re buying or selling real estate or equipment. Both might conclude the negotiation at exactly the same price and terms, but the Power Negotiator leaves the table with the other person feeling that he or she won. The poor negotiator comes away with the other person feeling that he or she lost.
If you learn and apply the secrets of Power Negotiation that I’ll teach you in this book, you’ll never again feel that you lost to the other person. You’ll always come away from the negotiating table knowing that you won, and knowing that you have improved your relationship with the other person.
If you have any comments, suggestions, stories to share, complaints to register, or questions to ask, please e-mail the author at Roger@RogerDawson.com.
Section One
Playing the Power Negotiating Game
You play Power Negotiating by a set of rules, just like the game of chess. The big difference between negotiating and chess is that, in negotiating, the other person doesn’t have to know the rules. The other person will respond predictably to the moves that you make—not because of metaphysical magic, but because thousands of my students have told me their negotiating experience over the years, and from this feedback we know how the other person will react to any Power Negotiating move you make. Not every time of course, but the likelihood is so high that we now know that negotiating is more of a science than an art.
If you play chess, you know that the strategic moves of the game are called gambits. When I tell you about negotiating gambits, I’m talking about a strategic move that involves some risk. I’ll teach you how to select the appropriate gambit. Your skill in selecting the right gambit and using it at the right time will minimize the risk. Beginning Gambits get the game started in your direction. Middle Gambits keep the game moving in your direction. You use Ending Gambits when you get ready to checkmate the other person or, in sales parlance, close the sale.
In the first section of this book, I’ll teach you the Gambits of Power Negotiating. You’ll learn the Beginning Gambits: the things that you do in the early stages of your contact with the other person, to be sure that you’re setting the stage for a successful conclusion. As the negotiation progresses, you’ll find that every advance will depend on the atmosphere that you create in the early stages. You should determine the demands that you make, and the attitude you present with a carefully made plan that encompasses all elements of the negotiation.
Your Opening Gambits will win or lose the game for you. You must base their use on a careful evaluation of the other person, the market, and the other side’s company.
Next, I’ll teach you the Middle Gambits that keep the momentum going in your favor. During this phase, different things come into play. The moves made by each side create currents that swirl around the participants and push them in different directions. You’ll learn how to respond to these pressures and continue to master the game.
Finally, I’ll teach you Unethical Gambits, Negotiating Principles, and the Ending Gambits that conclude the negotiation with your getting what you want, and with the other person still feeling that he or she won. The last few moments can make all the difference. Just as in a horse race, there’s only one point in the contest that counts, and that’s the finish line. As a Power Negotiator, you’ll learn how to smoothly control the process right down to the wire. Let’s get started learning the Gambits of Power Negotiating!
But first, a word (or two) about gender. A lot has happened to the use of gender in American English since I came here from England. John F. Kennedy would no longer be allowed to say, “(Our goal is) to land a man on the Moon . . . and returning him safely to the Earth.” Bobby Kennedy wouldn’t win a California primary election with his slogan “Some men see things as they are and say why? I dream things that never were and say, why not?”
In this book, the politically correct thing is to refer to every human as he or she, him or her. With these new-fangled computers on which we write books these days, it would only take me five minutes to have it read that way. But, trust me: You would hate it. It would be like walking barefoot through hot pebbles as you stumbled around trying to make sense of it all. Even my brilliant editor Jodi Brandon, who won’t let me get away with a thing, tells me, “Use either he or she, and let the readers know at the start that one could mean the other.” So that’s what you’ll find here. (If you’re still unhappy, I encourage you to e-mail me at Roger@RogerDawson.com)
 
 
Beginning Negotiating Gambits
Chapter 1
Ask for More Than You Expect to Get
One of the cardinal rules of Power Negotiating is you should ask the other side for more than you expect to get. Henry Kissinger went so far as to say, “Effectiveness at the conference table depends upon overstating one’s demands.” Some reasons why you should do this are:
003 Why should you ask the store for a bigger discount than you think you have a chance of getting?
004 Why should you ask your boss for an executive suite, although you think you’ll be lucky to get a private office?
005 If you’re applying for a job, why should you ask for more money and benefits than you think they’ll give you?
006 If you’re dissatisfied with a meal in a restaurant, why should you ask the maitre’d to cancel the entire bill, even though you think they will take off only the charge for the offending item?
If you have thought about this, you probably came up with a few good reasons to ask for more than you expect to get. The obvious answer is it gives you some negotiating room. If you’re selling, you can always come down, but you can never go up in price. If you’re buying, you can always go up, but you can never come down. (When we get to Chapter 14, I’ll show you how to nibble for more. Some things are easier to get at the end of the negotiation than they are at the beginning.) What you should be asking for is your MPP—your maximum plausible position. This is the most you can ask for and still have the other side see some plausibility in your position.
The less you know about the other side, the higher your initial position should be, for two reasons:
1. You may be off in your assumptions. If you don’t know the other person or his needs well, he may be willing to pay more than you think. If he’s selling, he may be willing to take far less than you think.
2. If this is a new relationship, you’ll appear more cooperative if you’re able to make larger concessions. The better you know the other person and his needs, the more you can modify your position. If the other side doesn’t know you, their initial demands may be more outrageous.
If you’re asking for more than your maximum plausible position, imply some flexibility. If your initial position seems outrageous to the other person and your attitude is “take it or leave it,” you may not even get the negotiations started. The other person’s response may be, “Then we don’t have anything to talk about.” You can get away with an outrageous opening position if you imply some flexibility.
If you’re buying real estate directly from the seller, you might say, “I realize that you’re asking $200,000 for the property and, based on everything you know, it may seem like a fair price to you. Perhaps you know something that I don’t know, but based on all the research that I’ve done, it seems to me that we should be talking something closer to $160,000.” At that point the seller may be thinking, “That’s ridiculous. I’ll never sell it for that, but he does seem to be sincere, so what do I have to lose if I spend some time negotiating with him, just to see how high I can get him to go?”
If you’re a salesperson, you might say to the buyer, “We may be able to modify this position once we know your needs more precisely, but based on what we know so far about the quantities you’d be ordering, the quality of the packaging, and not needing just-in-time inventory, our best price would be in the region of $2.25 per widget.” At that the other person will probably be thinking, “That’s outrageous, but there does seem to be some flexibility there, so I think I’ll invest some time negotiating with her and see how low I can get her to go.”
Unless you are already an experienced negotiator, here is the problem you will have with this. Your real MPP is probably much higher than you think it is. We all fear being ridiculed by the other person (something that I’ll talk more about later when we discuss Coercive Power in Chapter 55). We’re all reluctant to take a position that will cause the other person to laugh at us or put us down. Because of this intimidation, you will probably feel like modifying your MPP to the point where you’re asking for less than the maximum amount that the other person would think is plausible.
Another reason for asking for more than you expect to get will be obvious to you if you’re a positive thinker: You might just get it. You don’t know how the universe is aligned that day. Perhaps your patron saint is leaning over a cloud looking down at you and thinking, “Wow, look at that nice person. She’s been working so hard for so long now. Let’s just give her a break.” You might just get what you ask for and the only way you’ll find out is to ask for it.
In addition, asking for more than you expect to get increases the perceived value of what you are offering. If you’re applying for a job and asking for more money than you expect to get, you implant in the personnel director’s mind the thought that you are worth that much. If you’re selling a car and asking for more than you expect to get, it positions the buyer into believing that the car is worth more.
Another advantage of asking for more than you expect to get is it prevents the negotiation from deadlocking. Look at the Persian Gulf War. What were we asking Saddam Hussein to do? (Perhaps asking is not exactly the right word.) President George Bush, in his State of the Union address, used a beautiful piece of alliteration, probably written by Peggy Noonan, to describe our opening negotiating position. He said, “I’m not bragging, I’m not bluffing, and I’m not bullying. There are three things this man has to do. He has to get out of Kuwait. He has to restore the legitimate government of Kuwait (don’t do what the Soviets did in Afghanistan and install a puppet government), and he has to make reparations for the damage that he’s done.”
That was a very clear and precise opening negotiating position. The problem was that this was also our bottom line. It was also the least for which we were prepared to settle. No wonder the situation deadlocked. It had to deadlock because we didn’t give Saddam Hussein room to have a win. If we’d have said, “Okay. We want you and all your cronies exiled. We want a non-Arab neutral government installed in Baghdad. We want United Nations supervision of the removal of all military equipment. In addition, we want you out of Kuwait, the legitimate Kuwaiti government restored, and reparation for the damages that you did.” Then we could have gotten what we wanted and still given Saddam Hussein a win.
I know what you’re thinking. You’re thinking, “Roger, Saddam Hussein was not on my Christmas card list last year. He’s not the kind of guy I want to give a win to.” I agree with that. However, it creates a problem in negotiation. It creates deadlocks.
Sometimes You Want to Create a Deadlock
From the Persian Gulf scenario, you could draw one of two conclusions. The first is that our State Department negotiators are idiots. The second possibility is that this was a situation where we wanted to create a deadlock, because it served our purpose. We had no intention of settling for the three things that George Bush demanded in his State of the Union address. General Schwarzkopf, in his biography, It Doesn’t Take a Hero, said, “The minute we got there, we understood that anything less than a military victory was a defeat for the United States.” We couldn’t let Saddam Hussein pull 600,000 troops back across the border, leaving us wondering when he would choose to do it again. We needed a reason to go in and take care of him militarily.
007
The Persian Gulf War was a situation where it served our purpose to create a deadlock. What concerns me is that, when you’re involved in a negotiation, you are inadvertently creating deadlocks, because you don’t have the courage to ask for more than you expect to get. A final reason why Power Negotiators say you should ask for more than you expect to get is that it’s the only way you can create a climate where the other person feels that he or she won.
If you go in with your best offer up front, there’s no way you can negotiate with the other side and leave them feeling that they won. These are the inexperienced negotiators always wanting to start with their best offer. This is the job applicant who thinks, “This is a tight job market, and if I ask for too much money, they won’t even consider me.”
This is the person who’s selling a house or a car and thinking, “If I ask for too much, they’ll just laugh at me.” This is the salesperson who is saying to her sales manager, “I’m going out on this proposal today, and I know it’s going to be competitive. I know they’re getting bids from people all over town. Let me cut the price up front, or we won’t stand a chance of getting the order.” Negotiators know the value of asking for more than you expect to get.
Let’s recap the reasons for asking for more than you expect to get:
008 You might just get it.
009 It gives you some negotiating room.
010 It raises the perceived value of what you’re offering.
011 It prevents the negotiation from deadlocking.
012 It creates a climate in which the other side feels that they won.
In highly publicized negotiations, such as when the football players or airline pilots go on strike, the initial demands both sides make are outlandish. I remember being involved in a union negotiation in which the initial demands were unbelievably outrageous. The union’s demand was to triple the employees’ wages. The company’s opening was to make it an open shop—in other words, a voluntary union that would effectively destroy the union’s power at that location.
When Sudanese rebels took three Red Cross workers hostage, they demanded $100 million for their release. Fortunately, nobody took this seriously, and they quickly dropped their demand to $2.5 million. Congressman Bill Richardson, who would later ride his negotiating skills all the way to being our ambassador to the United Nations, sat under a tree, ignoring the rebels who were waving guns at him. He eventually secured their release for five tons of rice, four old jeeps, and some radios from Red Cross relief supplies.
I remember being in Beijing, China, when they first started admitting visitors. I wanted a pedishaw ride to my hotel that was only two blocks away. (A pedishaw is like a rickshaw, but it has a bicycle on the front.) When the pedishaw drivers realized that I was an American, they went wild with delight. They all gathered around, apparently oblivious to my presence, and advised the lucky driver how to handle the negotiations with me. One of them told him to ask me for $10, another said $20, and finally, they agreed that $50 would be an appropriate place to start the negotiations. I eventually gave him $1, which was more than a day’s wages, and he was very happy.
Power Negotiators know that the initial demands in these types of negotiations are always extreme, so they don’t let it bother them. They know that as the negotiations progress, they will work their way toward the middle, where they will find a solution that both sides can accept. Then they can both call a press conference and announce that they won in the negotiations.
How Attorneys Ask for More
An attorney friend of mine, John Broadfoot, from Amarillo, Texas, tested this theory for me. He was representing a buyer of a piece of real estate, and even though he had a good deal worked out, he thought, “I’ll see how Roger’s rule of ‘Asking for More Than You Expect to Get,’ works.” He dreamed up 23 paragraphs of requests to make of the seller. Some of them were ridiculous. He felt sure that at least half of them would be thrown out right away. To his amazement, he found that the seller of the property took strong objection to only one of the sentences in one of the paragraphs. Even then John, as I had taught him, didn’t give in right away. He held out for a couple of days before he finally and reluctantly conceded. Although he had given away only one sentence in 23 paragraphs of requests, the seller still felt that he had won in the negotiation.
013
 

Bracketing

The next question has to be: If you’re asking for more than you expect to get, for how much more than you expect to get should you ask? The answer is that you should bracket your objective. Your initial proposal should be an equal distance on the other side of your objective as their proposal.
Let me give you some simple examples:
014 The car dealer is asking $15,000 for the car. You want to buy it for $13,000. Make an opening offer of $11,000.
015 One of your employees is asking if she can spend $400 on a new desk. You think that $325 is reasonable. You should tell her that you don’t want her to exceed $250.
016 You’re a salesperson, and the buyer is offering you $1.60 for your widgets. You can live with $1.70. Bracketing tells you that you should start at $1.80. Then if you end up in the middle, you’ll still make your objective.
Of course it’s not always true you’ll end up in the middle, but that is a good assumption to make if you don’t have anything else on which to base your opening position. Assume you’ll end up in the middle, between the two opening negotiating positions. If you track this, I think that you’ll be amazed at how often it happens.
In little things. Your son comes to you and says he needs $20 for a fishing trip he’s going on this weekend. You say, “No way. I’m not going to give you $20. Do you realize that when I was your age I got 50 cents a week allowance and I had to work for that? I’ll give you $10 and not a penny more.”
Your son says, “I can’t do it for $10, Dad.”
Now you have established the negotiating range. He’s asking for $20. You’re willing to pay $10. See how often you end up at $15. In our culture, splitting the difference seems fair.
Bracketing in a Large International Negotiation
In big things. In 1982, we (the United States) were negotiating the payoff of a huge international loan with the government of Mexico. They were about to default on an $82 billion loan. Their chief negotiator was Jesus Herzog, their finance minister. Treasury Secretary Donald Regan and Federal Reserve Board Chairman Paul Volcker represented our side. In a creative solution, we asked Mexico to contribute huge amounts of petroleum to our strategic petroleum reserve, which Herzog agreed to do. That didn’t settle it, however. We proposed to the Mexicans that they pay us a $100 million negotiating fee, which was a politically acceptable way for them to pay us accrued interest. When President Lopez Portillo heard what we were asking for, he went ballistic. He said the equivalent of, “You tell Ronald Reagan to drop dead. We’re not paying the United States a negotiating fee. Not one peso.” Now we had the negotiating range established. We asked for $100 million dollars. They’re offering zero. Guess what they ended up paying us? That’s right: $50 million dollars.
017
In little and in big things, we end up splitting the difference. With bracketing, Power Negotiators are assured that if that happens, they still get what they want. To bracket, you get the other person to state his or her position first. If the other person can get you to state your position first, then he or she can bracket you so that, if you end up splitting the difference, as so often happens, the other person ends up getting what he or she wanted. That’s an underlying principle of negotiating to which I’ll return later (in Chapter 26). Get the other person to state his or her position first. It may not be as bad as you fear, and it’s the only way you can bracket a proposal.
Conversely, don’t let the other person trick you into committing first. If the status quo is fine with you, and there is no pressure on you to make a move, be bold enough to say to the other person, “You’re the one who approached me. The way things are satisfies me. If you want to do this, you’ll have to make a proposal to me.”
Another benefit of bracketing is that it tells you how big your concessions can be as the negotiation progresses. Let’s take a look at how this would work with the three situations I described earlier. The car dealer is asking $15,000 for the car. You want to buy it for $13,000. You made an opening offer of $11,000. Then if the dealer comes down to $14,500, you can go up to $11,500 and you will still have your objective bracketed. If the dealer’s next move is to $14,200, you can also shift your position by $300 and go to $11,800.
One of your employees is asking if she can spend $400 on a new desk. You think $325 is reasonable. You suggest $250. If the employee responds by saying she may be able to get what she needs for $350, you can respond by telling her that you’ll be able to find $300 in the budget. Because you’ve both moved $50, your objective will still be in the middle.
Remember the buyer offering you $1.60 for your widgets? You told the buyer that your company would be losing money at a penny less than $1.80. Your goal is to get $1.70. The buyer comes up to $1.63. You can now move down to $1.77 and your goal will still be in the middle of the two proposals that are on the negotiating table. In that way, you can move in on your target and know if the other side offers to split the difference, you can still make your goal.
There is a danger in bracketing, however. You should not become so predictable with your responses that the other side can detect your pattern of concessions. I illustrated this with mathematically computed concessions to make my point clear, but you should vary your moves slightly so your reason for making a move cannot easily be determined. Later (in Chapter 16), I’ll go into more detail on patterns of concessions.
A Fable About Asking for More
There was once a very old couple who lived in a dilapidated thatched hut on a remote Pacific Island. One day, a hurricane blew through the village and demolished their home. Because they were much too old and poor to rebuild the hut, the couple moved in with their daughter and her husband. This arrangement precipitated an unpleasant domestic situation, as the daughter’s hut was barely big enough for herself, her husband, and their four children, let alone the in-laws.
The daughter went to the wise person of the village, explained the problem and asked, “Whatever will we do?”
The wise person puffed slowly on a pipe and then responded, “You have chickens, don’t you?”
“Yes,” she replied, “we have 10 chickens.”
“Then bring the chickens into the hut with you.”
This seemed ludicrous to the daughter, but she followed the wise person’s advice. The move naturally exacerbated the problem, and the situation was soon unbearable, for feathers as well as hostile words flew around the hut. The daughter returned to the wise person, pleading again for advice.
“You have pigs, do you not?”
“Yes, we have three pigs.”
“Then you must bring the pigs into your hut with you.”
That seemed to be ridiculous advice, but to question the wise person was unthinkable, so she brought the pigs into the hut. Life was now truly unlivable, with eight people, 10 chickens, and three pigs sharing one tiny, noisy hut. Her husband complained that he couldn’t hear the radio over the racket.
The next day the daughter, fearing for her family’s sanity, approached the wise person with a final desperate plea. “Please,” she cried, “we can’t live like this. Tell me what to do and I’ll do it, but please help us.”
This time, the wise person’s response was puzzling, but easier to follow. “Remove the chickens and the pigs from your hut.” She quickly evicted the animals, and the entire family lived happily together for the rest of their days. The moral of the story is that a deal always looks better after something has been thrown out.
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Ask for more than you expect to get. It seems like such an obvious principle, but it’s something that you can count on in a negotiation. In thousands of workshop situations, and in tens of thousands of traceable real-life situations, this is something participants have proven repeatedly. The more you ask for, the more you’re going to get.
Your objective should be to advance your MPP—your maximum plausible position. If your initial proposal is extreme, imply some flexibility. This encourages the other side to negotiate with you. The less you know about the other side, the more you should ask for. A stranger is more likely to surprise you, and you can build goodwill by making bigger concessions. Bracket the other side’s proposal, so that if you end up splitting the difference, you still get what you want. You can bracket only if you get the other person to state his or her position first. Continue bracketing as you zero in on your objective with concessions.
019 Key Points to Remember
Ask for more than you expect to get, for five reasons:
1. You might just get it.
2. It gives you some negotiating room.
3. It raises the perceived value of what you’re offering.
4. It prevents the negotiation from deadlocking.
5. It creates a climate in which the other side feels they won.
Chapter 2
Never Say Yes to the First Offer
The reason that you should never say yes to the first offer (or counter-offer) is that it automatically triggers two thoughts in the other person’s mind. Let’s say that you’re thinking of buying a second car. The people down the street have one for sale, and they’re asking $10,000. That is such a terrific price on the perfect car for you that you can’t wait to get down there, and snap it up before somebody else beats you to it. On the way there you start thinking that it would be a mistake to offer them what they’re asking, so you decide to make a super-low offer of $8,000 just to see their reaction. You show up at their house, look the car over, take it for a short test drive, and then say to the owners, “It’s not what I’m looking for, but I’ll give you $8,000.”
You’re waiting for them to explode with rage at such a low offer, but what actually happens is that the husband looks at the wife and says, “What do you think, dear?”
The wife says, “Let’s go ahead and get rid of it.”
Does this exchange make you jump for joy? Does it leave you thinking, “Wow, I can’t believe what a deal I got. I couldn’t have gotten it for a penny less”?
I don’t think so—you’re probably thinking: “I could have done better. Something must be wrong.” Now let’s consider a more sophisticated example and put you in the other person’s shoes for a moment. Let’s say that you’re a buyer for a maker of aircraft engines and you’re about to meet with a salesperson who represents the manufacturer of engine bearings, something that’s a vital component for you.
Your regular supplier has let you down, and you need to make an emergency purchase from this new company. It is the only company that can supply within 30 days what you need to prevent a shutdown of your assembly line. If you can’t supply the engines on time, it will invalidate your contract with the aircraft manufacturer, who provides 85 percent of your business.
Under these circumstances, the price of the bearings you need is definitely not a high priority. As your secretary announces the arrival of the salesperson, however, you think to yourself, “I’ll be a good negotiator. Just to see what happens, I’ll make him a super-low offer.”
The salesperson makes his presentation and assures you that he can ship on time to your specifications. He quotes you a price of $250 each for the bearings. This surprises you because you have been paying $275 for them. You manage to mask your surprise and respond with, “We’ve been paying only $175” (in business, we call this a lie, and it is done all the time), to which the salesperson responds, ”Okay. We can match that.”
At this point, you almost certainly have two responses: 1) “I could have done better,” and 2) “Something must be wrong.” In the thousands of seminars that I’ve conducted over the years, I’ve posed a situation like this to audiences and can’t recall getting anything other than these two responses. Sometimes people reverse them, but usually the response is automatic: “I could have done better,” and “Something must be wrong.” Let’s look at each of these responses separately.
First reaction: I could have done better. The interesting thing about this is that it doesn’t have a thing to do with the price. It has to do only with the way the other person reacts to the proposal. What if you’d offered $7,000 for the car, or $6,000, and they told you right away that they’d take it? Wouldn’t you still think you could have done better? What if that bearing salesperson had agreed to $150 or $125? Wouldn’t you still think you could have done better?
“I Could Have Done Better” in a Land Purchase
Many years ago, I bought 100 acres of land in Eatonville, Washington, a beautiful little town just west of Mount Rainier. The seller was asking $185,000 for the land. I analyzed the property and decided that if I could get it for $150,000, it would be a terrific buy. I bracketed that price and asked the real estate agent to present an offer to the seller at $115,050. (Specific numbers build credibility, so you’re more likely to get them to accept an offer like this than to counter it. More about this later.)
I went back to my home in La Habra Heights, California, leaving the agent to present the offer to the seller. Frankly, I thought I’d be lucky if they came back with any kind of counteroffer on a proposal this low. To my amazement, I got the offer back in the mail a few days later, accepted at the price and terms that I had proposed. I’m sure that I got a terrific buy on the land. Within a year, I’d sold 60 of the acres for more than I paid for the whole hundred. Later, I sold another 20 acres for more than I paid for the whole hundred. When they accepted my offer, I should have been thinking, “Wow. That’s terrific, I couldn’t have gotten a lower price.” That’s what I should have been thinking, but I wasn’t. I was thinking, “I could have done better.”
020
Second reaction: Something must be wrong. My second reaction when I received the accepted offer on the land was, “Something must be wrong. I’m going to take a thorough look at the preliminary title report. Something must be going on that I don’t understand, if they’re willing to accept an offer that I didn’t think they would.”
The second thought you’d have when the seller of that car said yes to your first offer is that something must be wrong. The second thought that the buyer of the bearings will have is, “Something must be wrong. Maybe something’s changed in the market since I last negotiated a bearing contract. Instead of going ahead, I think I’ll tell this salesperson that I’ve got to check with a committee and then talk to some other suppliers.”
These two reactions will go through anybody’s mind if you say yes to the first offer. Let’s say your son came to you and said, “Could I borrow the car tonight?” and you said, “Sure, Son, take it. Have a wonderful time.” Wouldn’t he automatically think, “I could have done better. I could have gotten $10 for the movie out of this”? And wouldn’t he automatically think, “What’s going on here? Why do they want me out of the house? What’s going on that I don’t understand”?
This is a very easy negotiating principle to understand, but it’s very hard to remember when you’re in the thick of a negotiation. You may have formed a mental picture of how you expect the other side to respond, and that’s a dangerous thing to do. Napoleon Bonaparte once said, “The unforgivable sin of a commander is to ‘form a picture’—to assume that the enemy will act a certain way in a given situation, when in fact his response may be altogether different.” You’re expecting them to counter at a ridiculously low figure, and to your surprise, the other person’s proposal is much more reasonable than you expected it to be.
Here’s an example: You have finally plucked up the courage to ask your boss for an increase. You’ve asked for a 15-percent increase in pay, but you think you’ll be lucky to get 10 percent. To your astonishment, your boss tells you that he or she thinks you’re doing a terrific job, and would love to give you the increase in pay. Do you find yourself thinking about what a wonderfully generous company you work for? I don’t think so. You’re probably wishing you’d asked for a 25-percent increase.
Your son asks you for $100 to take a weekend hiking trip. You say, “No way. I’ll give you $50 and not a penny more.” In reality, you have bracketed his proposal (see Chapter 1) and expect to settle for $75. To your surprise your son says, “That would be tight, Dad, but okay. $50 would be great.” Are you thinking how clever you were to get him down to $50? I don’t think so. You’re probably wondering how much less he would have settled for.
You’re selling a piece of real estate that you own. You’re asking $100,000. A buyer makes an offer at $80,000, and you counter at $90,000. You’re thinking that you’ll end up at $85,000, but to your surprise, the buyer immediately accepts the $90,000 offer. Admit it—aren’t you thinking that if they jumped at $90,000, you could have gotten them up more?
Power Negotiators are careful that they don’t fall into the trap of saying yes too quickly, which automatically triggers in the other person’s mind the following: “I could have done better, and next time I will.” A sophisticated person won’t tell you that he felt that he lost in the negotiation, but he will tuck it away in the back of his mind, thinking, “the next time I deal with this person, I’ll be a tougher negotiator. I won’t leave any money on the table next time.”
 

Something Must Be Wrong

Turning down the first offer may be tough to do, particularly if you’ve been calling on the person for months, and just as you’re about to give up, she comes through with a proposal. It will tempt you to grab what you can. When this happens, be a Power Negotiator—remember not to say yes too quickly.
Many years ago, I was president of a real estate company in southern California that had 28 offices and 540 sales associates. One day, a magazine salesman came in, trying to sell me advertising space in his magazine. I was familiar with the magazine, and knew it to be an excellent opportunity, so I wanted my company to be in it. He made me a very reasonable proposal that required a modest $2,000 investment.
Because I love to negotiate, I started using some Gambits on him and got him down to the incredibly low price of $800. You can imagine what I was thinking at that point. Right. I was thinking, “Holy cow. If I got him down from $2,000 to $800 in just a few minutes, I wonder how low I can get him to go if I keep on negotiating?” I used a Middle Gambit on him called Higher Authority (see Chapter 7). I said, “This looks fine. I do just have to run it by my board of directors. Fortunately, they’re meeting tonight. Let me run it by them and get back to you with the final okay.”
A couple of days later, I called him back and said, “You’ll never know how embarrassed I am about this. You know, I really felt that I wouldn’t have any problem at all selling the board of directors on that $800 price you quoted me, but they’re so difficult to deal with right now. The budget has been giving everyone headaches lately. They did come back with a counteroffer, but it’s so low that it embarrasses me to tell you what it is.”
There was a long pause, and he finally said, “How much did they agree to?”
“$500.”
“That’s okay. I’ll take it,” he said. I felt cheated. Although I’d negotiated him down from $2,000 to $500, I still felt that I could have done better.
There’s a postscript to this story. I’m always reluctant to tell stories such as this at my seminars, for fear that it may get back to the person with whom I was negotiating. However, several years later, I was speaking at the huge California Association of Realtors convention being held that year in San Diego. I told this story in my talk, never imagining that the magazine salesman was standing in the back of the room. As I finished my presentation, I saw him pushing his way through the crowd. I braced myself for what I expected to be a verbal assault. However, he shook my hand and said with a smile, “I can’t thank you enough for explaining that to me. I had no idea the impact that my tendency to jump at a quick deal was having on people. I’ll never do that again.”
At Times You Should Say Yes to the First Offer