Planning: The Key to a Successful Negotiation

by James Baehler, President, Baehler Consulting Group


Planning for a negotiation is much like going on a diet. We all know that it is good for us but for some reason or another, we can't follow through on our good intentions. For most of us, the business day is so packed with routine tasks that we find it difficult to set time aside to do the planning that we know is necessary.

The first step in planning properly for a negotiation is to make a deliberate effort to set aside some of our work or delegate it to others, so we can fully prepare. Failure to prepare for negotiation will dramatically reduce our chances of success. If the other person has prepared carefully, our chances may be reduced to zero. You must find time to plan. Once time is set aside, the next question is how to prepare.

One effective method of preparation is to provide answers to questions. Questions and answers provide information and in a negotiation, information is power. Here are some questions that will help you establish a sound foundation for any negotiation. Other specific questions would need to be derived and answered based upon your particular situation.

1. What exactly do I want to achieve in this negotiation?

This is the most important question of all and needs to be answered in the most specific terms possible. A general statement such as "the best deal possible" is no objective at all. If you don't know exactly where you want to go, how will you know how to get there? Knowing your specific objectives will keep you focused and help you avoid going off track or becoming bogged down on peripheral issues.

2. What is my Point of Indifference?

Unless you have a POI you cannot negotiate from a position of psychological strength. Knowing that there is a point beyond which you will not go means that you will not be plagued by distracting thoughts during the negotiation that perhaps you are giving away too much.

3. What should my first offer or demand be?

How you answer this question often determines the outcome of the negotiation. Every study of real or simulated negotiations gives the same results: The higher the initial offer or demand, the higher the final result and, conversely, the lower the initial demand or offer, the lower the final result. Too often negotiators failed to give themselves enough room to bargain by making their initial offer or demand to close to their objective. The rationale is, "I didn't want to insult the other person." If you have never negotiated with someone who has acted insulted, your openers have not been high or low enough.

4. What are my priorities in this negotiation?

Every negotiation involves trading. Much of the art of negotiation consists of trading items of lesser value to you for items of greater value. Unless you have a pre-established priority list, how will you know the relative value of the items that are being traded?

5. What does the other side want from me?

Every negotiation involves two or more parties, each of whom wants something from the other. When you answered the first question above, you defined exactly what you wanted from the other side. Now you need to look at the situation from the other person's perspective. You may not know before the negotiation begins exactly what the other party wants from you but you should be able to make some educated assumptions. Those assumptions need to be tested and refined as a negotiation proceeds so that somewhere during the negotiation you should develop a reasonably accurate assessment of what the other party wants from you.

6. What is the priority list for the other side?

If you can determine the other side's first priority and can find a way to satisfy that need, that may be all of substance you will be required to give. In your initial planning, you may not know what the other side's first priority is. However, you should be able to make certain assumptions based on your understanding of the other side and the situation. Again, these assumptions will need to be tested and refined as the negotiation proceeds.

7. What is my strategy and what will my tactics be?

Is a Win-Win approach best-suited to a particular situation or should you employ a more confrontational style? The answer, of course, depends upon the particulars and the individuals involved. Once the overall strategy has been determined, then the tactics that best implement the strategy can be devised. Remember, however, that you are not locked into any one style and can adapt your approach to the people and the situations that you face.

8. What strategy and tactics is the other side likely to employ?

If you have negotiated previously with the other side, then you should have a fairly accurate view of how they will conduct the negotiation; most people have a specific style that varies little from one negotiation to another. If this is your first opportunity to negotiate with the other side, it is important for you to talk with others who know your opponents, and learn about their personalities and styles. Information is power in a negotiation and the data you collect about the individuals whom you will be facing will give you great strength.

9. What is my contingency plan in the event a deal is not made?

It is important that you answer this question so that you will not be apprehensive if your Point of Indifference is reached and you must walk away. Sometimes the best deal is no deal, and your POI tells you when you reach that point. However, walking away is not enough. You must also know in advance what you will do if the negotiation is terminated. If you do not have a contingency plan, you will be tempted to go beyond your Point of Indifference and may end up with a deal you will later regret. Before the negotiation begins you should identify an alternative, or alternatives, in the event the negotiation fails. The knowledge that you have a fallback position will give you psychological strength that will enable you to negotiate effectively and calmly.

10. What perceptions do I need to change?

Every negotiation is an exercise in perceived power. If you want something, the person who can provide it has power over you. Conversely, when someone wants something from you, then you have power over that person. Power comes in two forms – the power to help and the power to hurt. In most business negotiations, hurt usually means denying the other side the help they are seeking. If the other side perceives that you do not have the power to provide significant help, then your ability to extract concessions from the other side will be severely limited. Similarly, if the other side perceives that you do not have the power, or the will, to inflict hurt, then again you may not be able to extract significant concessions. Perception is reality; people's behavior is determined by their perceptions, and it is necessary for you to ascertain what perception the other side has of you. Do they perceive that you have the power to help them and, if it is required, both the power and the will to inflict hurt? If you determine that the other side does not perceive you in this light, then you must develop an action plan that will change their perception and allow you to negotiate from a position of strength rather than weakness.

11. What motivates the decision-maker?

Each of us in our business life has two distinct motivations – to do well for our company and to do well for ourselves. In many cases, those two motivations closely coincide. Sometimes, however, there is a separation between our personal and professional motivations. For instance, two divorce lawyers negotiating the terms of a financial settlement may not exert their most strenuous efforts for their clients because they may be negotiating together in the future and want to maintain a reasonable working relationship. Team negotiations are often difficult because people are reluctant to offer reasonable concessions for fear of appearing weak in the eyes of their teammates. Before beginning a negotiation, you should place yourself in the shoes of the other person. Try to get a sense of how that person is approaching the negotiation and what it is that might be motivating him or her other than professional considerations.

Some motivating factors to consider no matter with whom you are negotiating include:

  1. Security – If you have negotiated with bureaucrats at the city, county, state, or federal level, you know that this is a prime motivator for many individuals. Of course, corporate managers and others may be insecure as well, and reluctant to make a decision. No one whose primary concern is his or her personal security will agree to a deal that in any way threatens that security. You must package it to achieve your objectives and to provide for the other person's security needs.
  2. Social approval – Peer pressure is a powerful motivator for almost all of us. Few of us are willing to make an agreement that would subject us to criticism or scorn from our colleagues or business acquaintances. Do you know before the negotiation begins what peer pressure the other side is facing? If not, you need to do some investigation to answer this question.
  3. Status – Mercedes-Benz and Gucci have not achieved their high volume of sales at elevated prices simply on the basis that their products are well made. The increased price is the payment for the value that buyers place upon the status supposedly achieved by owning these items. If you are dealing with someone who is status-conscious, that person is not going to agree to a deal that lowers his or her perceived prestige.
  4. Recognition – We all want to be recognized for our accomplishments and for the satisfaction that accompanies such recognition. An experienced negotiator will often allow the other side to claim credit for whatever favorable deal was struck. Of course, in order to receive the credit the other side will have had to concede something.
  5. Revenge – Does the other side bear a grievance against some outside party? If so, can you structure the deal so that in some way that outside party is injured by the agreement? If that can be done, you are then in a position to extract concessions that might not otherwise come to you.
  6. Pleasure and entertainment – The industries supplying weapons systems to the Pentagon go to great lengths to provide Pentagon officials with opportunities to learn about their products or see demonstrations of their weapons at such hardship posts as Hawaii, Bermuda, and Key West. If the person you are dealing with is amenable to such persuasion, a golf outing, expensive dinner, or hunting trip may make the difference between a deadlock and a deal that gets done.
  7. Fear - The fear that you want to have present in the other person's mind is the dreadful consequence of not making a deal with you. If that fear does not exist, what can you do to implant it? If that fear is strong enough, the other person may well go beyond his or her point of indifference and agree to a deal that is weighted in your favor.

 

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