Foundations
Goal
People want to be understood and accepted. Two primal urges:
- Need to feel safe & secure
- Need to feel in control
Listen intensely → demonstrate empathy + show a sincere desire to better understand what the other side is experiencing.
Prepare
- Goal: reveal surprises in the negotiation
- Hypotheses vs. assumptions: Use negotiation to test hypotheses
- Uncover as much information as possible (not a battle of arguments)
- Uncover what counterpart actually needs → get them feeling safe to talk more
- Sole focus: the other person and what they have to say
Tone
Smile. Slow. It. Down.
Three voices:
- Late-night DJ voice: Use selectively. Inflect downward. Calm and slow. Creates trustworthiness without triggering defensiveness
- Positive & playful: Default voice. Easygoing, good natured. Relax and smile while talking
- Direct / Assertive: Used rarely
Mirror
Repeat the last (or critical) 3 words of what someone else has said. Insinuates similarity which facilitates bonding.
Mirror Process
- Use Late Night FM DJ Voice
- Start sentences with I'm sorry…
- Mirror
- Silence, at least 4 seconds to let the mirror work its magic
- Repeat
Tactical Empathy
Tactical Empathy
- Imagine myself in the counterpart's situation
- Recognize their perspective and vocalize that recognition
- Understand counterpart's feelings & hear what is behind those feelings
- Bring attention to emotional obstacles to getting an agreement done
- Look at words, tone, and body language. Spot changes and look for incongruences
Labels
Validate someone's emotion by acknowledging it:
It seems like… It sounds like… It looks like…Pause to let the label sink in. Other party will fill in the silence. Every 4th verbalization should be a label.
Neutralize the Negative
Focus first on clearing the barriers to an agreement. Label fears to diffuse their power.
Process
- Observe without reaction & judgement
- Label each negative feeling
- Replace with a positive, compassionate & solution-based thought
Accusation Audit
- List the worst things my counterpart can say about me first
- Use labels to reinforce & encourage positive perceptions
- Remove I understand from your vocabulary. Never use it
Yes, No & That's Right
Start with No
Need to feel in control → let them get it by saying No. Saying Yes makes people defensive.
If I hear No
What about this doesn't work for you? What would you need to make this work? It seems there's something here that bothers you?Three types of Yes
- Counterfeit: Yes as an escape route
- Confirmation: Reflexive response, no promise of action
- Commitment: True agreement that leads to action
That's Right
Good: That's Right · Bad: Yes, You're Right
Trigger it with a Summary
- Effective Pauses: encourage counterparty to keep talking
- Minimal Encouragers: Yes, OK, Uh-Huh, I see
- Mirroring: Listen & repeat back
- Labeling: Give feelings a name
- Paraphrase: Repeat in my own words
- Summarize: Paraphrase + Labeling = That's Right
Saying No 4 Times
How am I supposed to do that? Your offer is very generous. I'm sorry that just doesn't work for me I'm sorry but I'm afraid I just can't do that I'm sorry, noUse mirroring and open-ended questions in between. Empathize 3×: That's very generous of you / That price is more than fair / Thank you for taking the time to talk to me
Calibrated Questions
Calibrated Questions
The listener has control. Goal is to suspend unbelief. Don't use: Can, Is, Are, Do, Does. Start every question with what or how.
Key Phrases
What makes you ask? What about is important to you? How can I help make this better for us? How would you like me to proceed? What is it that brought us into this situation? What's the objective / What are we trying to accomplish here? How am I supposed to do that?Yes is Nothing Without How
Calibrated how? questions help guarantee execution. Look for That's Right. Don't settle for I'll try or You're Right—those mean I plan to fail.
Influence Those Behind the Table
How does this affect the rest of your team? How on board are the people not on this call? What do your colleagues see as their main challenges in this area?Bargaining & Leverage
Deadlines
- Deadlines make people do impulsive things
- Resist the urge to rush as a deadline approaches
- Take advantage of the rush in others
- Share my deadlines: information asymmetry is worse for me
Three Uses of "Fair"
Defensive
"We just want what's fair" → "Let's go back to where I started treating you unfairly and we'll fix it"
Nefarious
"We've given you a fair offer" → "Fair? It seems like you're ready to provide the evidence that supports that."
Positive
"I want you to feel like you are being treated fairly at all times. So please stop me at any time if you feel I'm being unfair."
Bend Their Reality
- Anchor their emotions: Start with an accusation audit. Anchor them in preparation for a loss
- Let the other party suggest a price first
- Establish a bolstering range: Recall a similar deal. Range high
- Pivot to non-monetary terms: Give things that aren't important. Get things that are
- Use odd numbers: Don't use round numbers
- Surprise with a gift: Generate reciprocity
Ackerman Bargaining
Set target price, then plan your offers:
- Buyer: 65% → 85% → 95% → 100%
- Seller: 135% → 115% → 105% → 100%
At final offer, add a non-monetary item to show you're at your limit.
Pre-empt with Accusation Audit
You're going to think I haven't done my homework You're going to feel insulted by my offer I'm embarrassed to tell you my offerThree Types of Leverage
Positive
I have something they want.
Negative
My ability to make my counterpart suffer. More powerful because of loss aversion. Find what's important: their audience, status, reputation, worries.
Normative
Using the other party's norms to advance my position. Show inconsistencies between beliefs and actions. No one likes to look like a hypocrite.
Loss Aversion
People will take more risks to avoid a loss than realize a gain. Make sure my opponent sees there is something to lose by inaction.
Extreme Anchor
- Emotionally anchor by saying how bad it will be
- Set an extreme anchor to make my real number seem reasonable
- Use a range to seem less aggressive
Reading People
7-38-55 Rule
7% content < 38% tone of voice < 55% body language & face
- Fly great distances to meet people in person
- Pay close attention to tone and body language
- Label the incongruence: "I heard you say Yes but it seemed like there was a hesitation in your voice"
Rule of Three
Get them to say yes 3 times:
- Get them to give me a commitment
- Label + summarize → get a That's Right
- Calibrated How or What questions about implementation
Spotting Liars
- Use more words than truth tellers
- Talk about him, her, it, they. Rarely I
- Speak in more complex sentences
Types of Negotiators
Analyst
- Time = Preparation
- Silence = Opportunity to think
- Methodical, diligent, hates surprises
- Self-image tied to minimizing mistakes
- Skeptical by nature
- Hypersensitive to reciprocity
Tools: Labels, data comparisons. Worst match: Assertive.
Accommodator
- Time = Relationship
- Silence = Anger
- Sociable, peace-seeking, optimistic
- Risk: may overpromise
- Watch tone & body language
Tools: What & How calibrated questions on implementation. Worst match: Accommodator.
Assertive
- Time = Money
- Silence = Opportunity to speak more
- Loves winning above all else
- Most likely to get tunnel-vision
- Focus first on what they have to say
Tools: Calibrated questions, labels, summaries. Get a That's Right. Worst match: Analyst.
Black Swans & Preparation
Black Swans
- 3 Black Swans in every negotiation
- Every negotiation is new. Don't let old patterns blind me
- Always ask: Why are they communicating what they are communicating right now?
Not Crazy
People acting crazy often aren't. They may be ill-informed, constrained, or have hidden interests.
Get Face Time
- Observe unguarded moments: first few minutes before business, last moments leaving, interruptions
- When something doesn't make sense, there's an opportunity. Dig in!
Similarity Principle
People trust those in their in-group. Mirror attitudes, beliefs, ideas, even modes of dress.
The Power of "Because"
People respond favorably to requests followed by a because reason, even if the reason isn't great.
Negotiation One-Sheet
Prepare this before every negotiation:
The Goal
Specific best-case scenario. Set optimistic but reasonable goal, write it down, discuss with a colleague, carry it in.
Summary
Couple of sentences about the known facts. Aim for That's Right in response.
Labels / Accusation Audit (3-5)
It seems like is valuable to you It seems like you don't like It seems like you value It seems like makes it easier It seems like you're reluctant toCalibrated Questions (3-5)
What are we trying to accomplish? What's the core issue here? How does this affect the rest of your team? What happens if you do nothing? What does doing nothing cost you?Non-Cash Offers
List non-cash items possessed by my counterpart that would be valuable. What could they give me that would make me do this for free?
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