Adversarial Tactics
,In Chapter 8, we presented win-win tactics that are useful in moving the negotiation to a mutually beneficial agreement and that serve to strengthen the relationship. In this chapter, we describe adversarial tactics, and include countertactics to deal with them.
These are tactics that would most likely cause you some difficulty or damage the relationship. Many of these tactics are also referred to as “dirty tricks,”[1] “hardball tactics,”[2] “gambits,”[3] or “competitive tactics.”[4] The reason that I present adversarial tactics in this book so that you can recognize and respond to them. I recommend that you do not use these tactics if you are interested in reaching win-win agreements.
Similar to the win-win tactics in Chapter 8, these tactics are organized alphabetically and are laid out in the following format:
Description: What the tactic is about.
Sounds like: The words or phrases negotiators use to execute the tactic.
Countermeasures: Specific actions that you can take to deal with the tactic.
Recommended win-win countertactics: Specific positive tactics you can use to off-set the adversarial tactic being used against you.
Each of the following tactics may damage a relationship or prevent a win-win outcome:
Authority Escalation
Description: Introducing a new person or an additional approval step in the negotiation. Escalating authority tactics are designed to wear out the other side—both physically and psychologically.
Sounds like: “This sound fine to me, let me run it by the sales manager.” “Now, if I can just get the committee to sign off on this, I think we have a deal.”
Countermeasures: Raise the issue early! Toward the end of the negotiation, be prepared for last-minute authority changes. Test it. Ask them to describe their authority as clearly as possible. Know their organization; reporting structure and how they operate.
Recommended win-win countertactics: Authority Limits, Change the Negotiator, Testing Questions, Walk-Away.
Bluffing/Lying
Description: Deliberately lying or misrepresenting a position.
Sounds like: “I can get a much better price from your competitor.” “There are plenty of other people just waiting for a deal like this.” “There’s another offer, if you don’t take it.”
Countermeasures: Don’t attack the person; instead, use Face-Saving Techniques. A good countertactic involves saying: “You know if I had that price and those terms, I would go with Company Y [the competitor] as well. Are you sure we’re comparing apples to apples here?”
Recommended win-win countertactics: Columbo, Face-Saving Techniques, Objective Criteria.
Cherry-Picking
Description: Getting multiple bids, and then trying to get the best or lowest offer on each item by playing one supplier against the others. Suppose Supplier A gives the best price; Supplier B gives the best terms; and Supplier C gives the best warranty. The buyer starts the next round of negotiation by asking each supplier to make a proposal at A’s price, B’s terms, and C’s warranty.
Sounds like: “I like your price, but Supplier B will give me better terms. You’ll have to match his terms.” “If you give me the same warranty as Supplier C, I think we’ll have a deal.”
Countermeasures: Make a small concession on price only. Know your competition and have the courage to say no.
Recommended win-win countertactics: Balance the Scales, Bundling, Say No, Caucus, Closing the Deal, Zeroing In.
Crunch Time[5]
Description: Insisting that the other side make an immediate concession to stay in the running. People use it because it works.
Sounds like: “You’ve got to do better than that.” “Why don’t you sharpen your pencil and come back with a better offer.”
Countermeasures: The best initial response is to find out what the problem is. Unfortunately, the most common response is to make an immediate concession of some type. Explore the resistance.
Recommended win-win countertactics: Saying No, Testing Questions, Balancing the Scales, Closing the Deal, What if?
Deadline Pressure
Description: Setting a deadline or taking advantage of a deadline.
Sounds like: “We have a strike deadline at midnight.” “The price goes up at the end of the month.” “The money won’t be in the budget after next week.”
Countermeasures: Realize that time is power. Limit your disclosures about time pressures. When negotiating overseas, beware of telling the other party when your return flight is scheduled. Deadlines force action and you can use this tactic to your advantage. Don’t accept it as fact—negotiate it. Labor negotiators have been known to pull the plug on the clock as a strike deadline approaches.
Recommended win-win countertactics: Close the Deal, Common Interests, What If?
Deadlock
Description: Realizing that the parties cannot reach agreement. Perhaps the most powerful and uncomfortable tactic and situation to face, a deadlock leaves a negotiator with a sense of failure and requires an unpleasant explanation to others inside your organization.
Sounds like: “Looks like we’re at an impasse.” “I can’t see how we’re going to close the gap.”
Countermeasures: Neither side wants to deadlock if they truly wanted to reach an agreement. Remember: No deal is better than a bad deal! Review Chapter 5 for additional guidance.
Recommended win-win countertactics: Common Interests, Change the Negotiator, Soak Time, Patience/Persistence, What if?, Zeroing In.
Divide and Conquer
Description: Involving multiple negotiators who make side deals with various parts of the vendor organization. The procurement manager works with the sales rep to get a better deal on price while the systems manager cuts a side deal with the vendor’s development engineer to include some special software or services. Each concession looks small but the aggregate contract may be a bad deal for the vendor.
Countermeasures: Plan and coordinate with all members of your team who will have contact with the customer. Refer back to your settlement range.
Recommended win-win countertactics: Balancing the Scales, Summarizing, Caucus, Convert the Associates.
Emotional Outburst (a.k.a. the Artful Freak-Out)
Description: Someone erupting into anger and usually name calling.
Sounds like: “I can’t X%$& believe this . . . !” “This whole thing is a sham . . .”
Countermeasures: Most emotional outbursts during the negotiation are staged to gain some advantage. Many people are uncomfortable with emotional displays and move to placate or make concessions to keep the peace. The most effective way to deal with an emotional outburst is to remain calm. When things settle down, ask the specifics of the problem. If the outburst is real, then you can deal with the issue, not the emotion.
Recommended win-win countertactics: Patience/Persistence, Change the Negotiator, Caucus, Change of Pace, Convert the Associates, Face-Saving, Warn—Don’t Threaten.
End Run
Description: Going around the other party, escalating to a higher authority, or proposing that other people need to be brought in.
Sounds like: “Since your boss is the one who makes the decision, let’s just go directly to her.” “This is bigger than both of us.” “It sounds like we need the lawyers in here.”
Countermeasures: Make sure you have support above you to ensure that they will not acquiesce and engage with the other party.
Recommended win-win countertactics: Authority Limits, Change the Negotiator, Convert the Associates, Common Interests.
Fait Accompli
Description: Taking a surprise action like adding in delivery, service contract, transfer fee, closing costs, repairs to property, and so on. It works if the other side thinks that it is easier to ask for forgiveness than permission. Often this will be described as a minor issue when, in fact, it may make a major difference.
Sounds like: “So here’s the final contact. All you have to do is sign.”
Countermeasures: This tends to affect the balance of power or could occur after the deal is signed. It is related to Nibbling. Take the time to review every aspect of the deal.
Recommended win-win countertactics: Summarizing, Caucus (even with yourself), Columbo, and Soak Time.
Funny Money
Description: Presenting cost information to achieve an advantage. Related to Simple Solutions.
Sounds like: “You’re asking 20 cents a pound. We’ll give you 19 cents. What’s a lousy penny?”
Countermeasures: Discipline yourself to convert funny money to real money. Aggregate or disaggregate any numbers to yield a total real money figure. Some salespeople break down a $350 difference in position by saying, “That’s less than a dollar a day for a year.” True, but it’s your dollar.
Recommended win-win countertactics: Columbo, Testing Questions.
Good Guy/Bad Guy
Description: Occurs especially in team negotiations when one person acts tough and unreasonable and their partner acts nice and reasonable. Remember that if the other side is using this on you, neither person is really the good guy. Sometimes, the good guy is present while the bad guy is in the shadows.
Sounds like: “I wish I could do this for you, but you know I could never get this past __________ [e.g., my boss, the committee, credit department].”
Countermeasures: You can react by walking out, protesting, ignoring the bad guy, or using your own bad guy. Humor can sometimes work “Hey, I know what you’re doing....I saw it on television.”
Recommended win-win countertactics: Change of Pace, Convert the Associates, Change the Negotiator.
Last and Final Offer
Description: Stating that this is the limit. Related to “take it or leave it”
Sounds like: “This is our final offer.” “Here’s the bottom line.” “This is as low (high) as we can go.”
Countermeasures: You can respond by introducing new alternatives, explaining the true cost of deadlock to both of you, and getting angry if appropriate.
Recommended win-win countertactics: Authority Limits, Brainstorming, Closing the Deal, Creating Empathy, Summarizing, Balancing the Scales, Zeroing In.
Missing Man Maneuver
Description: The person with final authority disappears near the end of the negotiation session. It could be a delaying tactic, signaling that they are going to the competition.
Sounds like: “I have to deal with another situation right now. I’ll be back as soon as I can.”
Countermeasures: You can react by walking out, putting a time limit on your offer, or going higher.
Recommended win-win countertactics: Agenda, Authority Limits, Convert the Associate, Patience/Persistence.
Nibbling
Description: When one party asks for a relatively minor concession or throw-in, typically at the conclusion of the big negotiation. It works. For example, asking for slightly extended payment terms, a less-than-usual down payment, or an extended warranty.
Sounds like: “How about if we throw in the snow tires.” “Since we’re almost there, how about 45 day terms instead of 30? It’s only bookkeeping.”
Countermeasures: Resist the tendency to give in. With tactful firmness, you can decline the nibble or trade it for a larger concession.
Recommended win-win countertactics: Agenda, Balance the Scales, Closing the Deal, Mark Up the Document, Side Memos, Zeroing In.
Nonnegotiable Demands
Description: Eliminating an issue from discussion. This tactic is especially effective if the nonnegotiable demands are included with some reasonable demands.
Sounds like: “We will not talk about __________. That’s nonnegotiable!”
Countermeasures: Push back using testing questions. Conduct off the record talks; explain why you feel otherwise; treat the demands as negotiable and suggest alternatives; caucus. Separate nonnegotiable from reasonable demands.
Recommended win-win countertactics: Off-The-Record Discussions, Side Memos, Testing Questions, Walk-Away, What if?.
Personal Attacks
Description: Referring to negative attacks by the other person on you, often at a personal level. Similar to Emotional Outburst.
Sounds like: “You know, if you really knew this business, you’d see that this is a good deal.” “Do I need to explain this to you again?” “Your deliveries are always late.” “Your competitors are doing well in this market. I wonder why?”
Countermeasures: Be calm; try to ignore it. Use humor. Negotiate to end it. If it persists, walk out and protest as loudly and as high up as you can. You do not have to take abuse.
Recommended win-win countertactics: Columbo, Disclosure, Create Empathy, Testing Questions, Warn—Don’t Threaten, Walk-Away.
Poor Mouthing
Description: Convincing the other side that there is a dollar limit or some other restriction from the organization.
Sounds like: “This is all I’ve got!” “My budget just won’t allow me to do that.” “This is the limit I have approval for.”
Countermeasures: Test it since budgets are generally flexible. If it is a real constraint, brainstorm and troubleshoot the issue. Disengage and study the problem; change the payment terms; find out who the decision-maker is (who controls the budget), and enlist their support: “What would we have to do to convince your upper management to expand the budget?”
Recommended win-win countertactics: Authority Limits, Brainstorm, Testing Questions, Expand the Pie.
Red Herring
Description: Creating real and imaginary issues. It is intended to dampen your aspiration level by having you deal with a side issue up front. Once the issue is raised and you begin discussing it, the other side retracts the imaginary issues, hoping to set up the feeling that you now owe them a concession.
Sounds like: “Before we get started, we have to determine team composition and adding members to the team.” “What about publicity afterwards?”
Countermeasures: Ignore the issue or table it until later. Concentrate on what issues are most important to you. When the other side raises an issue, be prepared to raise one yourself.
Recommended win-win countertactics: Agenda, Caucus, Scaling.
Rules
Description: Establishing up front ground rules or procedures (e.g., tape recording, seating arrangements, when questions may be asked, order of speaking, caucus periods, team changes, press contact).
Sounds like: “I propose that we limit each session to two hours.” “Once the teams are in place, there are no substitutions.”
Countermeasures: Some rules can create an advantage for the other side. Like anything else, rules are negotiable. Be alert if the other side proposes or suggests a rule.
Recommended win-win countertactics: Agenda, Brainstorming, Concessions, Off-the-Record discussions.
Simple Solutions
Description: Rounding a number up or down, usually to the proposing side’s advantage. People like simplicity, and when you are close to an agreement, it is easy to fall into this trap.
Sounds like: After accepting an offer of $101,500, the buyer says, “I can’t remember complicated numbers; how about we round it down to $100,000.”
Countermeasures: Stop! Realize the extent of the concession they are asking you to make. Reopen the other currencies included in the deal.
Recommended win-win countertactics: Patience/Persistence, Saying No, Columbo, Closing the Deal.
Split the Difference
Description: When the parties are close to agreement, one side offers to meet you halfway.
Sounds like: “Your offer is X; mine is X + 4; let’s split the difference at X + 2? What do you say? That’s fair!”
Countermeasures: It is hard to say no because this appears to be so reasonable. After all, it is simple and both sides appear to be making the same concession. If splitting the difference makes the agreement unacceptable, simply say no.
Recommended win-win countertactics: Saying No, Walk-Away, Objective Criteria, Pinch Factor, Zeroing In.
Surprises
Description: Presenting an issue or using a tactic (e.g., delaying or changing team members) that seems to come out of left field. It is intended to put pressure on you.
Sounds like: “Let’s get our Toledo office to review this.” “I should probably mention . . .”
Countermeasures: Stop! Think! Listen! Caucus until you can prepare.
Recommended win-win countertactics: Agenda, Caucus, Columbo, Disclosure, Off-The-Record Discussions, Saying No.
Take It or Leave It
Description: Signaling that the other side has reached their limit and doesn’t want to haggle any more. At the end of a negotiation, this is a Last and Final Offer approach. The phrase itself is inflammatory.
Sounds like: “That’s as far as we go, take it or leave it!”
Countermeasures: Develop a BATNA in advance. Know your power and alternatives.
Recommended win-win countertactics: Caucus, Balancing the Scales, Expand the Pie, Common Interests, Walk-Away.
Threats
Description: Promising to take some punitive action if the other person does not concede. Every negotiation involves a degree of threat.
Sounds like: “If you don’t meet my price, I’ll give 100 percent of my business to your competitor.”
Countermeasures: Threats usually lead to counterthreats. Threats can be real or imaginary. Treat them as real if the other side has other alternatives and can live without you. They may be bluffing. Consider protesting to higher management. Prove that the threat can’t hurt you; be irrational; show the person threatening that they have more to lose.
Recommended win-win countertactics: Walk-Away, Warn—Don’t Threaten, Caucus.
Without a doubt, if you believe in striving for a win-win outcome, you will stay with win-win tactics. However, you need to be prepared with countermeasures in the event the other side employs adversarial tactics.