Going into a negotiation, everyone should be acting in good faith. But this may not always be the case. Why not? There may be unseen agendas or what is on the table may not be the real issue at hand. Negotiations should be a voluntary process and you should feel you could walk away at any time. If the other party(s) is not acting in good faith, walking away is the best option.
What are some good ways to deal with “dirty” tactics? If the other guys are playing games, address it. Depending on the size and the importance of the negotiation, it may be a wise idea to have one other person with you who understand the issues being considered. Negotiating alone against a team can be a pretty daunting and intimidating task. There are a number of good reasons to have someone with you. Here are a few typical hardball tactics and how to deal them.
Intimidation. The other person presents his or her self as some kind of “authority” to be feared. A lawyer can be a good example. They have credentials and can threaten a lawsuit if the negotiations do not go to their client’s liking. Using a lot of emotion can also be used for intimidation. It may be tempting to give what the other side what they want to calm them down. The misuse of legitimacy may be another intimidation tactic, citing numerous policies and procedures. There are good ways for dealing with these situations. One idea can be taking a break. Let everyone step back and breathe a moment. Address the tactics directly and remind the other party why we are all here, to address the problem at hand and finding solutions that meets everyone’s needs and interests. This is also where having someone with you comes into play. We are not all intimidated by the same things. You and your partners can back each other up. And together, work out strategies on how to best handle the situation. Be willing to walk away from the table if the problems continue.
Aggressive behavior. If the other side starts to get aggressive in pushing you to agree to their demands it may be a good time to slow down, review the whole process and purpose for the meeting. Returning in kind will only escalate emotions and risk a break down. Again, taking a break is always an option to let people cool off and regain their composure. All parties should make an agreement based on their needs and interests being met, not on whom can shout down whom.
Snowballing or snow job. This involves the use of many facts and figures thrown out very quickly to cause confusion. Slow down! When things get unclear, ask for clarification, sources of the information and how it relates to the matters at hand. If there are inconsistencies, highlight them and ask for a further explanation. This is another time having a partner will be very important. Call out the tactic for what it is. The other side should take you more seriously. An important factor in being able to do this is having done your homework before and learning what is most important to the other side and how they may try to get their points across.
Bogus Issues. It is not only important to know why you are there but why the other side is there as well. They may present one point as being key when that is not the case at all. For example, it may not be about the money but rather acknowledgement, understanding and an apology. Side A may be using money to get side B to the table and while money may be important, the deeper issues of acknowledging an error and truly hearing the other side may be paramount. Ask a lot of questions to be sure the issues being addressed are indeed the most important.
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Good preparation and acting in good faith are most important and will be helpful in getting around people using the tactics (and other similar methods) listed above. Negotiation should always be voluntary. You should never feel you have to settle with others you feel are not acting in good faith. Run, don’t walk away! Remember to bring along someone. An extra set of eyes and ears may prove to be invaluable.
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