Never Split the Difference
Never Split the Difference

Never Split the Difference

“I’m sorry, Robert, how do I know he’s even alive?” I said, using an apology and his first name, seeding more warmth into the interaction in order to complicate his gambit to bulldoze me. “I really am sorry, but how can I get you any money right now, much less one million dollars, if I don’t even know he’s alive?” (Location 77)

Note: I’m sorry firstname

the FBI’s most potent negotiating tools: the open-ended question. (Location 81)

call this tactic calibrated questions: queries that the other side can respond to but that have no fixed answers. It buys you time. It gives your counterpart the illusion of control—they are the one with the answers and power after all—and it does all that without giving them any idea of how constrained they are by it. (Location 82)

The United States was experiencing an epidemic of airline hijackings at the time; there were five in one three-day period in 1970. (Location 172)

What were needed were simple psychological tactics and strategies that worked in the field to calm people down, establish rapport, gain trust, elicit the verbalization of needs, and persuade the other guy of our empathy. (Location 258)

all starts with the universally applicable premise that people want to be understood and accepted. Listening is the cheapest, yet most effective concession we can make to get there. By listening intensely, a negotiator demonstrates empathy and shows a sincere desire to better understand what the other side is experiencing. (Location 265)

Getting to Yes (Location 270)

Tactical Empathy. This is listening as a martial art, balancing the subtle behaviors of emotional intelligence and the assertive skills of influence, to gain access to the mind of another person. Contrary to popular opinion, listening is not a passive activity. It is the most active thing you can do. (Location 271)

LIFE IS NEGOTIATION (Location 277)

Negotiation as you’ll learn it here is nothing more than communication with results. Getting what you want out of life is all about getting what you want from—and with—other people. Conflict between two parties is inevitable in all relationships. So it’s useful—crucial, even—to know how to engage in that conflict to get what you want without inflicting damage. (Location 288)

The first step to achieving a mastery of daily negotiation is to get over your aversion to negotiating. You don’t need to like it; you just need to understand that’s how the world works. Negotiating does not mean browbeating or grinding someone down. It simply means playing the emotional game that human society is set up for. In this world, you get what you ask for; you just have to ask correctly. So claim your prerogative to ask for what you think is right. (Location 296)

Effective negotiation is applied people smarts, a psychological edge in every domain of life: how to size someone up, how to influence their sizing up of you, and how to use that knowledge to get what you want. (Location 302)

Tags: negotiation

Good negotiators, going in, know they have to be ready for possible surprises; great negotiators aim to use their skills to reveal the surprises they are certain exist. (Location 387)

Great negotiators are able to question the assumptions that the rest of the involved players accept on faith or in arrogance, and thus remain more emotionally open to all possibilities, and more intellectually agile to a fluid situation. (Location 398)

Most people approach a negotiation so preoccupied by the arguments that support their position that they are unable to listen attentively. (Location 433)

In one of the most cited research papers in psychology,1 George A. Miller persuasively put forth the idea that we can process only about seven pieces of information in our conscious mind at any given moment. (Location 434)

The goal is to identify what your counterparts actually need (monetarily, emotionally, or otherwise) and get them feeling safe enough to talk and talk and talk some more about what they want. (Location 445)

Tags: negotiation

Note: Identify what your counterparts need

But neither wants nor needs are where we start; it begins with listening, making it about the other people, validating their emotions, and creating enough trust and safety for a real conversation to begin. (Location 448)

Tags: listen

Going too fast is one of the mistakes all negotiators are prone to making. If we’re too much in a hurry, people can feel as if they’re not being heard and we risk undermining the rapport and trust we’ve built. (Location 471)

There are essentially three voice tones available to negotiators: the late-night FM DJ voice, the positive/playful voice, and the direct or assertive voice. (Location 508)

When people are in a positive frame of mind, they think more quickly, and are more likely to collaborate and problem-solve (instead of fight and resist). It applies to the smile-er as much as to the smile-ee: a smile on your face, and in your voice, will increase your own mental agility. (Location 520)

Tags: positivity

Note: Positive people think more quickly

It’s a phenomenon (and now technique) that follows a very basic but profound biological principle: We fear what’s different and are drawn to what’s similar. As the saying goes, birds of a feather flock together. Mirroring, then, when practiced consciously, is the art of insinuating similarity. “Trust me,” a mirror signals to another’s unconscious, “You and I—we’re alike.” (Location 554)

It’s almost laughably simple: for the FBI, a “mirror” is when you repeat the last three words (or the critical one to three words) of what someone has just said. Of the entirety of the FBI’s hostage negotiation skill set, mirroring is the closest one gets to a Jedi mind trick. Simple, and yet uncannily effective. (Location 562)

Tags: mirror

Note: repeat the last 3 words of what a person says

By repeating back what people say, you trigger this mirroring instinct and your counterpart will inevitably elaborate on what was just said and sustain the process of connecting. Psychologist Richard Wiseman created a study using waiters to identify what was the more effective method of creating a connection with strangers: mirroring or positive reinforcement. (Location 564)

Tags: mirror

Note: Repeat back what the other person said to encourage them to elaborate

you take a pit bull approach with another pit bull, you generally end up with a messy scene and lots of bruised feelings and resentment. Luckily, there’s another way without all the mess. It’s just four simple steps: Use the late-night FM DJ voice. Start with “I’m sorry …” Mirror. Silence. At least four seconds, to let the mirror work its magic on your counterpart. Repeat. (Location 682)

Tags: negotiation

The language of negotiation is primarily a language of conversation and rapport: a way of quickly establishing relationships and getting people to talk and think together. Which is why when you think of the greatest negotiators of all time, I’ve got a surprise for you—think Oprah Winfrey. (Location 713)

Here are some of the key lessons from this chapter to remember: (Location 722)

Don’t commit to assumptions; instead, view them as hypotheses and use the negotiation to test them rigorously. (Location 724)

To quiet the voices in your head, make your sole and all-encompassing focus the other person and what they have to say. (Location 727)

Tags: negotiation, listen

Slow. It. Down. Going too fast is one of the mistakes all negotiators are prone to making. (Location 728)

Tags: negotiation, slow down

Put a smile on your face. (Location 729)

Mirrors work magic. Repeat the last three words (or the critical one to three words) of what someone has just said. We fear what’s different and are drawn to what’s similar. Mirroring is the art of insinuating similarity, which facilitates bonding. (Location 737)

Tags: mirror

In my negotiating course, I tell my students that empathy is “the ability to recognize the perspective of a counterpart, and the vocalization of that recognition.” That’s an academic way of saying that empathy is paying attention to another human being, asking what they are feeling, and making a commitment to understanding their world. (Location 779)

Tags: empathy

Labeling is a way of validating someone’s emotion by acknowledging it. Give someone’s emotion a name and you show you identify with how that person feels. (Location 824)

Tags: negotiation

Note: Give someone’s emotion a name

But no matter how they end, labels almost always begin with roughly the same words: It seems like … It sounds like … It looks like … Notice we said “It sounds like …” and not “I’m hearing that …” That’s because the word “I” gets people’s guard up. When you say “I,” it says you’re more interested in yourself than the other person, and it makes you take personal responsibility for the words that follow—and the offense they might cause. (Location 849)

Tags: labelling, parenting

Note: Use “it seems/sounds like” rather than using “I”

They’ll usually give a longer answer than just “yes” or “no.” And if they disagree with the label, that’s okay. You can always step back and say, “I didn’t say that was what it was. I just said it seems like that.” (Location 855)

The last rule of labeling is silence. Once you’ve thrown out a label, be quiet and listen. We all have a tendency to expand on what we’ve said, to finish, “It seems like you like the way that shirt looks,” with a specific question like “Where did you get it?” But a label’s power is that it invites the other person to reveal himself. (Location 857)

Tags: labelling, silence

Note: Be silent after you give a label

NEUTRALIZE THE NEGATIVE, REINFORCE THE POSITIVE (Location 862)

First, let’s talk a little human psychology. In basic terms, people’s emotions have two levels: the “presenting” behavior is the part above the surface you can see and hear; beneath, the “underlying” feeling is what motivates the behavior. (Location 866)

What good negotiators do when labeling is address those underlying emotions. Labeling negatives diffuses them (or defuses them, in extreme cases); labeling positives reinforces them. (Location 870)

As an emotion, anger is rarely productive—in you or the person you’re negotiating with. It releases stress hormones and neurochemicals that disrupt your ability to properly evaluate and respond to situations. And it blinds you to the fact that you’re angry in the first place, which gives you a false sense of confidence. (Location 872)

Tags: anger

That’s not to say that negative feelings should be ignored. That can be just as damaging. Instead, they should be teased out. Labeling is a helpful tactic in de-escalating angry confrontations, because it makes the person acknowledge their feelings rather than continuing to act out. (Location 875)

anger. I’ve found the phrase “Look, I’m an asshole” to be an amazingly effective way to make problems go away. (Location 892)

Research shows that the best way to deal with negativity is to observe it, without reaction and without judgment. Then consciously label each negative feeling and replace it with positive, compassionate, and solution-based thoughts. (Location 902)

Tags: negativity

So I don’t ask. Instead, I say, “In case you’re worried about volunteering to role-play with me in front of the class, I want to tell you in advance … it’s going to be horrible.” After the laughter dies down, I then say, “And those of you who do volunteer will probably get more out of this than anyone else.” (Location 970)

Tags: voluntary discomfort, favorite

Note: It's going to be horrible, and those who do volunteer will get the most out of it

I always end up with more volunteers than I need. Now, look at what I did: I prefaced the conversation by labeling my audience’s fears; how much worse can something be than “horrible”? I defuse them and wait, letting it sink in and thereby making the unreasonable seem less forbidding. (Location 972)

Tags: labelling, psychology tricks

The first step of doing so is listing every terrible thing your counterpart could say about you, in what I call an accusation audit. (Location 982)

Following on the heels of an argument is a great position for a negotiator, because your counterpart is desperate for an empathetic connection. Smile, and you’re already an improvement. (Location 1056)

Imagine yourself in your counterpart’s situation. The beauty of empathy is that it doesn’t demand that you agree with the other person’s ideas (you may well find them crazy). But by acknowledging the other person’s situation, you immediately convey that you are listening. And once they know that you are listening, they may tell you something that you can use. (Location 1093)

Tags: empathy, listen

The reasons why a counterpart will not make an agreement with you are often more powerful than why they will make a deal, so focus first on clearing the barriers to agreement. Denying barriers or negative influences gives them credence; get them into the open. (Location 1096)

Pause. After you label a barrier or mirror a statement, let it sink in. Don’t worry, the other party will fill the silence. (Location 1098)

Label your counterpart’s fears to diffuse their power. (Location 1099)

List the worst things that the other party could say about you and say them before the other person can. Performing an accusation audit in advance prepares you to head off negative dynamics before they take root. (Location 1102)

And because these accusations often sound exaggerated when said aloud, speaking them will encourage (Location 1103)

Remember you’re dealing with a person who wants to be appreciated and understood. So use labels to reinforce and encourage positive perceptions and dynamics. (Location 1104)

For good negotiators, “No” is pure gold. That negative provides a great opportunity for you and the other party to clarify what you really want by eliminating what you don’t want. “No” is a safe choice that maintains the status quo; it provides a temporary oasis of control. (Location 1126)

Jim Camp, in his excellent book, Start with NO,1 counsels the reader to give their adversary (his word for counterpart) permission to say “No” from the outset of a negotiation. He calls it “the right to veto.” He observes that people will fight to the death to preserve their right to say “No,” so give them that right and the negotiating environment becomes more constructive and collaborative almost immediately. (Location 1173)

This means you have to train yourself to hear “No” as something other than rejection, and respond accordingly. When someone tells you “No,” you need to rethink the word in one of its alternative—and much more real—meanings: I am not yet ready to agree; You are making me feel uncomfortable; I do not understand; I don’t think I can afford it; I want something else; I need more information; or I want to talk it over with someone else. (Location 1188)

Tags: no

Then, after pausing, ask solution-based questions or simply label their effect: “What about this doesn’t work for you?” “What would you need to make it work?” “It seems like there’s something here that bothers you.” People have a need to say, “No.” So don’t just hope to hear it at some point; get them to say it early. (Location 1194)

Tags: no, negotiation, favorite

Note: What about this doesn’t work? What would you need to make this work?

Counterfeit, Confirmation, and Commitment. A counterfeit “yes” is one in which your counterpart plans on saying “no” but either feels “yes” is an easier escape route or just wants to disingenuously keep the conversation going to obtain more information or some other kind of edge. A confirmation “yes” is generally innocent, a reflexive response to a black-or-white question; it’s sometimes used to lay a trap but mostly it’s just simple affirmation with no promise of action. And a commitment “yes” is the real deal; it’s a true agreement that leads to action, a “yes” at the table that ends with a signature on the contract. The commitment “yes” is what you want, but the three types sound almost the same so you have to learn how to recognize which one is being used. (Location 1209)

Though the intensity may differ from person to person, you can be sure that everyone you meet is driven by two primal urges: the need to feel safe and secure, and the need to feel in control. If you satisfy those drives, you’re in the door. (Location 1269)

Tags: secure, control

Note: We are driven by the need to feel secure and in control

Gun for a “Yes” straight off the bat, though, and your counterpart gets defensive, wary, and skittish. That’s why I tell my students that, if you’re trying to sell something, don’t start with “Do you have a few minutes to talk?” Instead ask, “Is now a bad time to talk?” Either you get “Yes, it is a bad time” followed by a good time or a request to go away, or you get “No, it’s not” and total focus. (Location 1298)

So let’s undress “No.” It’s a reaffirmation of autonomy. It is not a use or abuse of power; it is not an act of rejection; it is not a manifestation of stubbornness; it is not the end of the negotiation. (Location 1328)

As you can see, “No” has a lot of skills. “No” allows the real issues to be brought forth; “No” protects people from making—and lets them correct—ineffective decisions; “No” slows things down so that people can freely embrace their decisions and the agreements they enter into; “No” helps people feel safe, secure, emotionally comfortable, and in control of their decisions; “No” moves everyone’s efforts forward. (Location 1338)

FUND-RAISER: Hello, can I speak with Mr. Smith? MR. SMITH: Yes, this is he. FUND-RAISER: I’m calling from the XYZ Committee, and I wanted to ask you a few important questions about your views on our economy today. Do you feel that if things stay the way they are, America’s best days are ahead of it? MR. SMITH: No, things will only get worse. FUND-RAISER: Are you going to sit and watch President Obama take the White House in November without putting up a fight? MR. SMITH: No, I’m going to do anything I can to make sure that doesn’t happen. FUND-RAISER: If you want do something today to make sure that doesn’t happen, you can give to XYZ Committee, which is working hard to fight for you. See how clearly that swaps “Yes” for “No” and offers to take a donation if Mr. Smith wants? It puts Mr. Smith in the driver’s seat; he’s in charge. And it works! In a truly remarkable turnaround, the “No” oriented script got a 23 percent better rate of return. (Location 1360)

One great way to do this is to mislabel one of the other party’s emotions or desires. You say something that you know is totally wrong, like “So it seems that you really are eager to leave your job” when they clearly want to stay. That forces them to listen and makes them comfortable correcting you by saying, “No, that’s not it. This is it.” Another way to force “No” in a negotiation is to ask the other party what they don’t want. “Let’s talk about what you would say ‘No’ to,” you’d say. And people are comfortable saying “No” here because it feels like self-protection. And once you’ve gotten them to say “No,” people are much more open to moving forward toward new options and ideas. (Location 1379)

good negotiator, who gains their power by understanding their counterpart’s situation and extracting information about their counterpart’s desires and needs. (Location 1409)

Extracting that information means getting the other party to feel safe and in control. And while it may sound contradictory, the way to get there is by getting the other party to disagree, to draw their own boundaries, to define their desires as a function of what they do not want. (Location 1411)

Break the habit of attempting to get people to say “yes.” Being pushed for “yes” makes people defensive. Our love of hearing “yes” makes us blind to the defensiveness we ourselves feel when someone is pushing us to say it. (Location 1416)

“No” is not a failure. We have learned that “No” is the anti “Yes” and therefore a word to be avoided at all costs. But it really often just means “Wait” or “I’m not comfortable with that.” Learn how to hear it calmly. It is not the end of the negotiation, but the beginning. (Location 1418)

“Yes” is the final goal of a negotiation, but don’t aim for it at the start. Asking someone for “Yes” too quickly in a conversation—“Do you like to drink water, Mr. Smith?”—gets his guard up and paints you as an untrustworthy salesman. (Location 1420)

Saying “No” makes the speaker feel safe, secure, and in control, so trigger it. By saying what they don’t want, your counterpart defines their space and gains the confidence and comfort to listen to you. That’s why “Is now a bad time to talk?” is always better than “Do you have a few minutes to talk?” (Location 1422)

Sometimes the only way to get your counterpart to listen and engage with you is by forcing them into a “No.” That means intentionally mislabeling one of their emotions or desires or asking a ridiculous question—like, “It seems like you want this project to fail”—that can only be answered negatively. (Location 1425)

If a potential business partner is ignoring you, contact them with a clear and concise “No”-oriented question that suggests that you are ready to walk away. “Have you given up on this project?” works wonders. (Location 1430)

Note: When chasing up say - "Have you given up on this project?"

CNU developed what is a powerful staple in the high-stakes world of crisis negotiation, the Behavioral Change Stairway Model (BCSM). The model proposes five stages—active listening, empathy, rapport, influence, and behavioral change—that take any negotiator from listening to influencing behavior. (Location 1442)

As you’ll soon learn, the sweetest two words in any negotiation are actually “That’s right.” (Location 1461)

wrote a two-page document that instructed Benjie to change course. We were going to use nearly every tactic in the active listening arsenal: Effective Pauses: Silence is powerful. We told Benjie to use it for emphasis, to encourage Sabaya to keep talking until eventually, like clearing out a swamp, the emotions were drained from the dialogue. Minimal Encouragers: Besides silence, we instructed using simple phrases, such as “Yes,” “OK,” “Uh-huh,” or “I see,” to effectively convey that Benjie was now paying full attention to Sabaya and all he had to say. Mirroring: Rather than argue with Sabaya and try to separate Schilling from the “war damages,” Benjie would listen and repeat back what Sabaya said. Labeling: Benjie should give Sabaya’s feelings a name and identify with how he felt. “It all seems so tragically unfair, I can now see why you sound so angry.” Paraphrase: Benjie should repeat what Sabaya is saying back to him in Benjie’s own words. This, we told him, would powerfully show him you really do understand and aren’t merely parroting his concerns. Summarize: A good summary is the combination of re-articulating the meaning of what is said plus the acknowledgment of the emotions underlying that meaning (paraphrasing + labeling = summary). (Location 1529)

KEY LESSONS “Sleeping in the same bed and dreaming different dreams” is an old Chinese expression that describes the intimacy of partnership (whether in marriage or in business) without the communication necessary to sustain it. (Location 1660)

“That’s right” is better than “yes.” Strive for it. Reaching “that’s right” in a negotiation creates breakthroughs. Use a summary to trigger a “that’s right.” The building blocks of a good summary are a label combined with paraphrasing. Identify, rearticulate, and emotionally affirm “the world according to …” (Location 1672)

Deadlines are the bogeymen of negotiation, almost exclusively self-inflicted figments of our imagination, unnecessarily unsettling us for no good reason. The mantra we coach our clients on is, “No deal is better than a bad deal.” If that mantra can truly be internalized, and clients begin to believe they’ve got all the time they need to conduct the negotiation right, their patience becomes a formidable weapon. (Location 1741)

Increasing specificity on threats in any type of negotiations indicates getting closer to real consequences at a real specified time. (Location 1754)

“If you approach a negotiation thinking that the other guy thinks like you, you’re wrong,” I say. “That’s not empathy; that’s projection.” (Location 1801)

Most people make an irrational choice to let the dollar slip through their fingers rather than to accept a derisory offer, because the negative emotional value of unfairness outweighs the positive rational value of the money. (Location 1822)

The last use of the F-word is my favorite because it’s positive and constructive. It sets the stage for honest and empathetic negotiation. Here’s how I use it: Early on in a negotiation, I say, “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, and we’ll address (Location 1865)

If you can get the other party to reveal their problems, pain, and unmet objectives—if you can get at what people are really buying—then you can sell them a vision of their problem that leaves your proposal as the perfect solution. (Location 1874)

Prospect Theory. Created in 1979 by the psychologists Daniel Kahneman and Amos Tversky, prospect theory describes how people choose between options that involve risk, like in a negotiation. (Location 1893)

The theory argues that people are drawn to sure things over probabilities, even when the probability is a better choice. That’s called the Certainty Effect. And people will take greater risks to avoid losses than to achieve gains. That’s called Loss Aversion. (Location 1895)

To get real leverage, you have to persuade them that they have something concrete to lose if the deal falls through. (Location 1903)

Note: Persuade the other person that they have something to lose if the deal falls through

ANCHOR THEIR EMOTIONS (Location 1904)

So start out with an accusation audit acknowledging all of their fears. By anchoring their emotions in preparation for a loss, you inflame the other side’s loss aversion so that they’ll jump at the chance to avoid it. (Location 1906)

got a lousy proposition for you,” I said, and paused until each asked me to go on. “By the time we get off the phone, you’re going to think I’m a lousy businessman. You’re going to think I can’t budget or plan. You’re going to think Chris Voss is a big talker. His first big project ever out of the FBI, he screws it up completely. He doesn’t know how to run an operation. And he might even have lied to (Location 1912)

And then, once I’d anchored their emotions in a minefield of low expectations, I played on their loss aversion. “Still, I wanted to bring this opportunity to you before I took it to someone else,” I said. (Location 1916)

Now, if I hadn’t anchored their emotions low, their perception of $500 would have been totally different. (Location 1919)

LET THE OTHER GUY GO FIRST … MOST OF THE TIME. (Location 1921)

By letting them anchor you also might get lucky: I’ve experienced many negotiations when the other party’s first offer was higher than the closing figure I had in mind. If I’d gone first they would have agreed and I would have left with either the winner’s curse or buyer’s remorse, those gut-wrenching feelings that you’ve overpaid or undersold. (Location 1936)

The tendency to be anchored by extreme numbers is a psychological quirk known as the “anchor and adjustment” effect. Researchers have discovered that we tend to make adjustments from our first reference points. For example, most people glimpsing 8 × 7 × 6 × 5 × 4 × 3 × 2 × 1 estimate that it yields a higher result than the same string in reverse order. That’s because we focus on the first numbers and extrapolate. (Location 1942)

Tags: cognitive

If you’re dealing with a rookie counterpart, you might be tempted to be the shark and throw out an extreme anchor. Or if you really know the market and you’re dealing with an equally informed pro, you might offer a number just to make the negotiation go faster. (Location 1946)

ESTABLISH A RANGE (Location 1951)

When confronted with naming your terms or price, counter by recalling a similar deal which establishes your “ballpark,” albeit the best possible ballpark you wish to be in. Instead of saying, “I’m worth $110,000,” Jerry might have said, “At top places like X Corp., people in this job get between $130,000 and $170,000.” (Location 1953)

Understand, if you offer a range (and it’s a good idea to do so) expect them to come in at the low end. (Location 1961)

PIVOT TO NONMONETARY TERMS (Location 1962)

you can make your offer seem reasonable by offering things that aren’t important to you but could be important to them. Or if their offer is low you could ask for things that matter more to you than them. Since this is sometimes difficult, what we often do is throw out examples to start the brainstorming process. (Location 1966)

Tags: negotiation

WHEN YOU DO TALK NUMBERS, USE ODD ONES (Location 1974)

The biggest thing to remember is that numbers that end in 0 inevitably feel like temporary placeholders, guesstimates that you can easily be negotiated off of. (Location 1977)

Note: Round numbers ending in zero can easily be negotiated off

SURPRISE WITH A GIFT (Location 1980)

Unexpected conciliatory gestures like this are hugely effective because they introduce a dynamic called reciprocity; the other party feels the need to answer your generosity in kind. They will suddenly come up on their offer, or they’ll look to repay your kindness in the future. People feel obliged to repay debts of kindness. (Location 1982)

HOW TO NEGOTIATE A BETTER SALARY (Location 2008)

BE PLEASANTLY PERSISTENT ON NONSALARY TERMS (Location 2012)

In response, let me just say that these tools are used by all the best negotiators because they simply recognize the human psyche as it is. We are emotional, irrational beasts who are emotional and irrational in predictable, pattern-filled ways. Using that knowledge is only, well, rational. (Location 2063)

The F-word—“Fair”—is an emotional term people usually exploit to put the other side on the defensive and gain concessions. When your counterpart drops the F-bomb, don’t get suckered into a concession. Instead, ask them to explain how you’re mistreating them. (Location 2070)

Tags: fairness, negotiation

You can bend your counterpart’s reality by anchoring his starting point. Before you make an offer, emotionally anchor them by saying how bad it will be. When you get to numbers, set an extreme anchor to make your “real” offer seem reasonable, or use a range to seem less aggressive. The real value of anything depends on what vantage point you’re looking at it from. (Location 2073)

People will take more risks to avoid a loss than to realize a gain. Make sure your counterpart sees that there is something to lose by inaction. (Location 2075)

we learned that successful negotiation involved getting your counterpart to do the work for you and suggest your solution himself. It involved giving him the illusion of control while you, in fact, were the one defining the conversation. (Location 2096)

The tool we developed is something I call the calibrated, or open-ended, question. What it does is remove aggression from conversations by acknowledging the other side openly, without resistance. In doing so, it lets you introduce ideas and requests without sounding pushy. It allows you to nudge. (Location 2098)

This is perfect! It’s a natural and normal question, not a request for a fact. It’s a “how” question, and “how” engages because “how” asks for help. (Location 2213)

Best of all, he doesn’t owe the kidnapper a damn thing. The guy volunteers to put the girlfriend on the phone: he thinks it’s his idea. The guy who just offered to put the girlfriend on the line thinks he’s in control. And the secret to gaining the upper hand in a negotiation is giving the other side the illusion of control. (Location 2215)

Like the softening words and phrases “perhaps,” “maybe,” “I think,” and “it seems,” the calibrated open-ended question takes the aggression out of a confrontational statement or close-ended request that might otherwise anger your counterpart. What makes them work is that they are subject to interpretation by your counterpart instead of being rigidly defined. They allow you to introduce ideas and requests without sounding overbearing or pushy. (Location 2265)

The real beauty of calibrated questions is the fact that they offer no target for attack like statements do. Calibrated questions have the power to educate your counterpart on what the problem is rather than causing conflict by telling them what the problem is. (Location 2270)

First off, calibrated questions avoid verbs or words like “can,” “is,” “are,” “do,” or “does.” These are closed-ended questions that can be answered with a simple “yes” or a “no.” Instead, they start with a list of words people know as reporter’s questions: “who,” “what,” “when,” “where,” “why,” and “how.” Those words inspire your counterpart to think and then speak expansively. (Location 2277)

Tags: questions

But let me cut the list even further: it’s best to start with “what,” “how,” and sometimes “why.” Nothing else. “Who,” “when,” and “where” will often just get your counterpart to share a fact without thinking. And “why” can backfire. Regardless of what language the word “why” is translated into, it’s accusatory. There are very rare moments when this is to your advantage. (Location 2281)

Having just two words to start with might not seem like a lot of ammunition, but trust me, you can use “what” and “how” to calibrate nearly any question. “Does this look like something you would like?” can become “How does this look to you?” or “What about this works for you?” You can even ask, “What about this doesn’t work for you?” and you’ll probably trigger quite a bit of useful information from your counterpart. (Location 2288)

Even something as harsh as “Why did you do it?” can be calibrated to “What caused you to do it?” which takes away the emotion and makes the question less accusatory. (Location 2292)

Here are some other great standbys that I use in almost every negotiation, depending on the situation: What about this is important to you? How can I help to make this better for us? How would you like me to proceed? What is it that brought us into this situation? How can we solve this problem? What’s the objective? / What are we trying to accomplish here? How am I supposed to do that? (Location 2296)

The implication of any well-designed calibrated question is that you want what the other guy wants but you need his intelligence to overcome the problem. This really appeals to very aggressive or egotistical counterparts. (Location 2301)

The first and most basic rule of keeping your emotional cool is to bite your tongue. Not literally, of course. But you have to keep away from knee-jerk, passionate reactions. Pause. Think. Let the passion dissipate. That allows you to collect your thoughts and be more circumspect in what you say. It also lowers your chance of saying more than you want to. (Location 2355)

As you put listener’s judo into practice, remember the following powerful lessons: Don’t try to force your opponent to admit that you are right. Aggressive confrontation is the enemy of constructive negotiation. Avoid questions that can be answered with “Yes” or tiny pieces of information. These require little thought and inspire the human need for reciprocity; you will be expected to give something back. Ask calibrated questions that start with the words “How” or “What.” By implicitly asking the other party for help, these questions will give your counterpart an illusion of control and will inspire them to speak at length, revealing important information. Don’t ask questions that start with “Why” unless you want your counterpart to defend a goal that serves you. “Why” is always an accusation, in any language. Calibrate your questions to point your counterpart toward solving your problem. This will encourage them to expend their energy on devising a solution. Bite your tongue. When you’re attacked in a negotiation, pause and avoid angry emotional reactions. Instead, ask your counterpart a calibrated question. There is always a team on the other side. If you are not influencing those behind the table, you are vulnerable. (Location 2378)

The trick to “How” questions is that, correctly used, they are gentle and graceful ways to say “No” and guide your counterpart to develop a better solution—your solution. A gentle How/No invites collaboration and leaves your counterpart with a feeling of having been treated with respect. (Location 2471)

Tags: no, negotiation

There are two key questions you can ask to push your counterparts to think they are defining success their way: “How will we know we’re on track?” and “How will we address things if we find we’re off track?” When they answer, you summarize their answers until you get a “That’s right.” Then you’ll know they’ve bought (Location 2497)

On the flip side, be wary of two telling signs that your counterpart doesn’t believe the idea is theirs. As I’ve noted, when they say, “You’re right,” it’s often a good indicator they are not vested in what is being discussed. And when you push for implementation and they say, “I’ll try,” you should get a sinking feeling in your stomach. Because this really means, “I plan to fail.” (Location 2500)

THE 7-38-55 PERCENT RULE In two famous studies on what makes us like or dislike somebody,1 UCLA psychology professor Albert Mehrabian created the 7-38-55 rule. That is, only 7 percent of a message is based on the words while 38 percent comes from the tone of voice and 55 percent from the speaker’s body language and face. (Location 2598)

Note: When giving a message, the words are not as important as the tone of voice and body language

This happens because there are actually three kinds of “Yes”: Commitment, Confirmation, and Counterfeit. (Location 2618)

One great tool for avoiding this trap is the Rule of Three. The Rule of Three is simply getting the other guy to agree to the same thing three times in the same conversation. It’s tripling the strength of whatever dynamic you’re trying to drill into at the moment. In doing so, it uncovers problems before they happen. It’s really hard to repeatedly lie or fake conviction. (Location 2620)

In a study of the components of lying,2 Harvard Business School professor Deepak Malhotra and his coauthors found that, on average, liars use more words than truth tellers and use far more third-person pronouns. They start talking about him, her, it, one, they, and their rather than I, in order to put some distance between themselves and the lie. (Location 2635)

Now take that mindset to a financial negotiation. I was in an outlet mall a few months after the Kansas experience and I picked out some shirts in one of the stores. At the front counter the young lady asked me if I wanted to join their frequent buyer program. I asked her if I got a discount for joining and she said, “No.” So I decided to try another angle. I said in a friendly manner, “My name is Chris. What’s the Chris discount?” (Location 2665)

The first step in the “No” series is the old standby: “How am I supposed to do that?” (Location 2678)

After that, some version of “Your offer is very generous, I’m sorry, that just doesn’t work for me” is an elegant second way to say “No.” (Location 2681)

Then you can use something like “I’m sorry but I’m afraid I just can’t do that.” It’s a little more direct, and the “can’t do that” does great double duty. (Location 2684)

If there’s one way to put off your counterpart, it’s by implying that disagreeing with you is unfair. (Location 2718)

Tags: negotiation, fairness

KEY LESSONS (Location 2747)

Ask calibrated “How” questions, and ask them again and again. Asking “How” keeps your counterparts engaged but off balance. Answering the questions will give them the illusion of control. It will also lead them to contemplate your problems when making their demands. (Location 2752)

Use “How” questions to shape the negotiating environment. You do this by using “How can I do that?” as a gentle version of “No.” This will subtly push your counterpart to search for other solutions—your solutions. And very often it will get them to bid against themselves. (Location 2755)

Note: Use "how" questions to shape the negotiating environment

Don’t just pay attention to the people you’re negotiating with directly; always identify the motivations of the players “behind the table.” You can do so by asking how a deal will affect everybody else and how on board they are. Follow the 7-38-55 Percent Rule by paying close attention to tone of voice and body language. Incongruence between the words and nonverbal signs will show when your counterpart is lying or uncomfortable with a deal. Is the “Yes” real or counterfeit? Test it with the Rule of Three: use calibrated questions, summaries, and labels to get your counterpart to reaffirm their agreement at least three times. It’s really hard to repeatedly lie or fake conviction. A person’s use of pronouns offers deep insights into his or her relative authority. If you’re hearing a lot of “I,” “me,” and “my,” the real power to decide probably lies elsewhere. Picking up a lot of “we,” “they,” and “them,” it’s more likely you’re dealing directly with a savvy decision maker keeping his options open. Use your own name to make yourself a real person to the other side and even get your own personal discount. Humor and humanity are the best ways to break the ice and remove roadblocks. (Location 2757)

people fall into three broad categories. (Location 2837)

Some people are Accommodators; others—like me—are basically Assertive; and the rest are data-loving Analysts. (Location 2837)

ANALYST Analysts are methodical and diligent. They are not in a big rush. Instead, they believe that as long as they are working toward the best result in a thorough and systematic way, time is of little consequence. Their self-image is linked to minimizing mistakes. Their motto: As much time as it takes to get it right. (Location 2848)

ACCOMMODATOR The most important thing to this type of negotiator is the time spent building the relationship. Accommodators think as long as there is a free-flowing continuous exchange of information time is being well spent. As long as they’re communicating, they’re happy. Their goal is to be on great terms with their counterpart. They love the win-win. (Location 2871)

ASSERTIVE The Assertive type believes time is money; every wasted minute is a wasted dollar. Their self-image is linked to how many things they can get accomplished in a period of time. For them, getting the solution perfect isn’t as important as getting it done. (Location 2889)

To an Assertive, every silence is an opportunity to speak more. Mirrors are a wonderful tool with this type. So are calibrated questions, labels, and summaries. The most important thing to get from an Assertive will be a “that’s right” that may come in the form of a “that’s it exactly” or “you hit it on the head.” (Location 2898)

When it comes to reciprocity, this type is of the “give an inch/take a mile” mentality. They will have figured they deserve whatever you have given them so they will be oblivious to expectations of owing something in return. They will actually simply be looking for the opportunity to receive more. If they have given some kind of concession, they are surely counting the seconds until they get something in return. (Location 2900)

We’ve seen how each of these groups views the importance of time differently (time = preparation; time = relationship; time = money). They also have completely different interpretations of silence. (Location 2906)

Because when it comes to negotiating, the Golden Rule is wrong. The Black Swan rule is don’t treat others the way you want to be treated; treat them the way they need to be treated. (Location 2925)

ZOPA—or Zone of Possible Agreement— (Location 2930)

Experienced negotiators often lead with a ridiculous offer, an extreme anchor. (Location 2933)

First, deflect the punch in a way that opens up your counterpart. Successful negotiators often say “No” in one of the many ways we’ve talked about (“How am I supposed to accept that?”) or deflect the anchor with questions like “What are we trying to accomplish here?” Responses like these are great ways to refocus your counterpart when you feel you’re being pulled into the compromise trap. (Location 2940)

Tags: negotiation

“That is a very generous offer given your budget limits, but I am not sure how that would help us achieve a great reception for the alums in the region,” (Location 2958)

If you are working to lure a client away from a competitor, you might say, “Why would you ever do business with me? Why would you ever change from your existing supplier? They’re great!” (Location 3003)

“I feel ___ when you ___ because ___,” (Location 3010)

Ackerman model (Location 3041)

The systematized and easy-to-remember process has only four steps: Set your target price (your goal). Set your first offer at 65 percent of your target price. Calculate three raises of decreasing increments (to 85, 95, and 100 percent). Use lots of empathy and different ways of saying “No” to get the other side to counter before you increase your offer. When calculating the final amount, use precise, nonround numbers like, say, $37,893 rather than $38,000. It gives the number credibility and weight. On your final number, throw in a nonmonetary item (that they probably don’t want) to show you’re at your limit. (Location 3042)

“You fall to your highest level of preparation,” (Location 3077)

Black Swan symbolizes the uselessness of predictions based on previous experience. (Location 3178)

Leverage has a lot of inputs, like time and necessity and competition. (Location 3257)

If you need to sell your house now, you have less leverage than if you don’t have a deadline. If you want to sell it but don’t have to, you have more. And if various people are bidding on it at once, good on you. (Location 3258)

So when you ascertain your counterpart’s unattained goals, invoke your own power and follow-ability by expressing passion for their goals—and for their ability to achieve them. (Location 3400)

In their great book Negotiation Genius,4 Harvard Business School professors Deepak Malhotra and Max H. Bazerman provide a look at the common reasons negotiators mistakenly call their counterparts crazy. I’d like to talk through them here. MISTAKE #1: THEY ARE ILL-INFORMED (Location 3430)

MISTAKE #2: THEY ARE CONSTRAINED (Location 3445)

Such constraints can make the sanest counterpart seem irrational. The other side might not be able to do something because of legal advice, or because of promises already made, or even to avoid setting a precedent. (Location 3447)

MISTAKE #3: THEY HAVE OTHER INTERESTS (Location 3461)

During a typical business meeting, the first few minutes, before you actually get down to business, and the last few moments, as everyone is leaving, often tell you more about the other side than anything in between. That’s why reporters have a credo to never turn off their recorders: you always get the best stuff at the beginning and the end of an interview. (Location 3496)

Students often ask me whether Black Swans are specific kinds of information or any kind that helps. I always answer that they are anything that you don’t know that changes things. (Location 3502)

One can only be an exceptional negotiator, and a great person, by both listening and speaking clearly and empathetically; by treating counterparts—and oneself—with dignity and respect; and most of all by being honest about what one wants and what one can—and cannot—do. (Location 3590)

Let what you know—your known knowns—guide you but not blind you. Every case is new, so remain flexible and adaptable. Remember the Griffin bank crisis: no hostage-taker had killed a hostage on deadline, until he did. Black Swans are leverage multipliers. Remember the three types of leverage: positive (the ability to give someone what they want); negative (the ability to hurt someone); and normative (using your counterpart’s norms to bring them around). Work to understand the other side’s “religion.” Digging into worldviews inherently implies moving beyond the negotiating table and into the life, emotional and otherwise, of your counterpart. That’s where Black Swans live. Review everything you hear from your counterpart. You will not hear everything the first time, so double-check. Compare notes with team members. Use backup listeners whose job is to listen between the lines. They will hear things you miss. Exploit the similarity principle. People are more apt to concede to someone they share a cultural similarity with, so dig for what makes them tick and show that you share common ground. When someone seems irrational or crazy, they most likely aren’t. Faced with this situation, search for constraints, hidden desires, and bad information. Get face time with your counterpart. Ten minutes of face time often reveals more than days of research. Pay special attention to your counterpart’s verbal and nonverbal communication at unguarded moments—at the beginning and the end of the session or when someone says something out of line. (Location 3599)