Non-Manipulative Tactics in Negotiation

If negotiations stall or there has been some form of interruption in the negotiations, it is common for each party in the negotiations to see the problem in the other side. However, the fact is that everyone approaches negotiations with certain specificities that may be adequate or inadequate in a given negotiating situation.

It is also a fact that certain tactics are used as part of a strategy to achieve certain effects (to gain certain concessions, to put the other side in a seemingly impossible position, to exert pressure on the other side, to lead the other side to certain thoughts or erroneous conclusions, …) to which we must be prepared to respond appropriately. In this context, we often say that the other side is manipulative. Perhaps this is true, however, whether we will be manipulated or not in most cases depends on ourselves.

Namely, every tactic from the other side can be manipulative if we are not familiar with it, and on the other hand, it can simply be part of the negotiation ritual, which is often the case. Therefore, if we know how to position ourselves against the applied tactic, it can no longer be a manipulative tactic in relation to us, because we will know how to respond appropriately. Or in other words, no one is to blame if we lack adequate knowledge. This does not mean that I approve of, sometimes truly, manipulative behavior in negotiations; it means that you cannot control the other side in terms of their approach to negotiations, but you can learn to respond appropriately to various approaches that the other side may use.

It is not my intention to now give you tools and methods or a few Tips & Tricks in a couple of sentences on how to come out as a “winner” from every negotiation situation, but my intention is to make you reflect on whether you will allow the other side to manipulate you and apply a “Hard Ball” approach or not. That is certainly up to you. If you have read my previous texts, you may have noticed that they are also not Tips & Tricks texts, and the same goes for my training sessions. Tips & Tricks are good in the context of your overall knowledge of a certain subject matter and experience in application, in this case, business negotiation. Isolated Tips & Tricks will not be of any use to you; on the contrary, their application can only harm you as it can lead you into considerable trouble in the negotiation process if you do not understand the context of a certain negotiation situation.

Here is a description of a few short examples of non-manipulative tactics:

Higher Authority / Withdrawal of a given concession / Good – Bad Guy

This is a tactic that is frequently used in negotiations, often intentionally and sometimes unintentionally. Essentially, it consists of the person sitting with you at the negotiating table lacking authority, or pretending to lack it, in making the final decision or giving some concessions, but they did not tell you this at the beginning of the negotiations, and you did not ask. The main intention of this tactic is to obtain as many concessions from you as possible during the negotiations so that at the end of the negotiations it is said that the agreement still needs to be confirmed by some higher authority (boss, procurement director, sales director, procurement committee, project coordination, etc.) and then they return to the negotiating table seeking additional concessions required by that higher authority, while not offering anything in return. Sometimes even previously given concessions are withdrawn, or the reached agreement is abandoned (because that higher authority does not agree with the reached agreement) in order to put you in “panic” and “force” you to accept something you had previously hesitated about, refused to accept, or refused to give a certain concession.

These two tactics are well complemented by the Good Guy – Bad Guy tactic where the other negotiating party positions itself as if it will advocate for your interests, represent you, with that higher authority pretending to be the “good guy.” As simple as this may seem to you now, good negotiators can very skillfully use these tactics without the other side being almost aware of it in the heat of negotiations.

There are variations in the application of these tactics, depending on the negotiating situation, and you need to know about these tactics and their nuances (as well as all other tactics) if you want to negotiate successfully.

When considering whether these tactics are manipulative or not, it should be taken into account whether it is about negotiations that imply long-term partnerships, strategic partnerships, or one-time transactions. If someone applies these tactics in negotiations characterized by a long-term business relationship, we can say that they are of a manipulative nature, as it is truly not expected of partners to use such methods; however, these tactics are a regular arsenal in negotiations characterized by one-time transactions, and we would say that they are often part of the negotiating ritual of such negotiations.

However, as negotiators are often accustomed to negotiating in a way unique to themselves, do not be surprised if the other side intentionally or unintentionally uses these tactics in inappropriate negotiating situations. Likewise, to be clear, you will not always be immune to the use of these and other tactics, depending on the negotiating situation, your intentions, and your knowledge, skills, and experience in negotiating.

Here are a few examples of what you can do when you encounter such tactics or to avoid such situations:

• Asking the other side what their level of authority is in negotiations:
      – What is the procedure for making decisions of this type?
      – Who in your company participates in making these decisions?
      – How long does it take to make decisions of this type?
      – Do you decide on all aspects of the agreement?
• If the other side uses that tactic, limit your offer in such a way that you also have to check with your superiors about possible changes.
• Leave something for the end with which you can give additional concessions in such cases.
• If you are asked about your authority, the best answer is that you have authority within certain limits.

“Die-Hard” / “Hard-Ball” Negotiators

There are negotiators for whom every negotiation is a power struggle, a fight for every “penny,” and a game in which there must be a winner and a loser. If the context of the negotiating situation is such that you are also willing to play that way because you have an interest, that’s fine; however, sometimes it is pointless to negotiate with such negotiators. On the other hand, there may be a situation where cooperation needs to continue, and the negotiator on the other side does not realize that in such a situation they cannot apply such an approach if they want to reach an agreement. What to do then?

In my opinion, how the other side will negotiate, i.e., whether they will be a “Die-Hard” / “Hard-Ball” negotiator, in most cases depends on the following. What is your knowledge, skills, and experience in negotiating? How well do you know the negotiating situation? How well do you know the other negotiating party? How well have you prepared? What is your reputation as a negotiator? What alternatives have you built? How confident are you in negotiations? Are you willing to walk away from the negotiations, and have you made that known to the other side? etc. All of this will influence the other side when they decide how they will negotiate and whether they will change their approach during negotiations under your influence. Don’t believe it? Let’s say you are a “Die-Hard” negotiator and you know that someone sitting on the other side has strong positive answers to all these questions. What will your approach be? What stance will you take?

You can learn more about tactics and “Die-Hard” negotiators, their application, and how to position yourself against these and other tactics and approaches in the context of specific negotiating situations at my training.

S.M.A.R.T. – WIN Concept of Business Negotiation
Copyright: Ivica Katanić, www.pregovaranje.com