Setting the Climate for a Non-Confrontational Negotiation

Posted on October 19, 2003

by
Roger Dawson

What
you say in the first few moments of a negotiation often sets the climate of the
negotiation. The other person quickly gets a feel for whether you are working
for a win-win solution, or whether you’re a tough negotiator who’s out for
everything they can get.

That’s
one problem that I have with the way that attorneys negotiate-they’re very
confrontational negotiators. You get that white envelope in the mail with black,
raised lettering in the top left hand corner and you think, "Oh, no! What
is it this time?" You open the letter and what’s the first communication
from them? It’s a threat. What they’re going to do to you, if you don’t give
them what they want… continued

I
remember conducting a seminar for 50 attorneys who litigated medical malpractice
lawsuits, or as they prefer to call them, physician liability lawsuits. I’ve
never met an attorney who was eager to go to a negotiating seminar, although
that’s what they do for a living, and these people were no exception to the
rule. However, the organization that was giving the attorneys their business
told them that they were expected to attend my seminar if they wanted to get any
more cases from the organization. So the attorneys weren’t too happy about
having to spend Saturday with me in the first place, but once we got started,
they became involved and were having a good time. I got them absorbed in a
workshop involving a surgeon being sued over an unfortunate incident involving a
nun and walked around the room to see how they were doing. I couldn’t believe
how confrontational they were being. Most of them started with a vicious threat
and then became more abusive from that point on. I had to stop the exercise and
tell them that if they wanted to settle the case without expensive litigation
(and I doubted their motives on that score) that they should never be
confrontational in the early stages of the negotiation.

So,
be careful what you say at the beginning. If the other person takes a position
with which you totally disagree, don’t argue. Arguing always intensifies the
other person’s desire to prove himself or herself right. You’re much better off
to agree with the other person initially and then turn it around using the Feel,
Felt, Found formula. Respond with, "I understand exactly how you feel
about that. Many other people have felt exactly the same way as you do
right now. (Now you have diffused that competitive spirit. You’re not arguing
with them, you’re agreeing with them.) But you know what we have always found?
When we take a closer look at it, we have always found that…"

Let’s
look at some examples:

  • You’re
    selling something, and the other person says, "Your price is way too
    high." If you argue with him, he has a personal stake in proving you
    wrong and himself right. Instead, you say, "I understand exactly how
    you feel about that. Many other people have felt exactly the same way as you
    do when they first hear the price. When they take a closer look at what we
    offer, however, they have always found that we offer the best value in the
    marketplace."

  • You’re
    applying for a job, and the human resources director says, "I don’t
    think you have enough experience in this field." If you respond with
    "I’ve handled much tougher jobs that this in the past," it may
    come across as, "I’m right and you’re wrong." It’s just going to
    force her to defend the position she’s taken. Instead, say, "I
    understand exactly how you feel about that. Many other people would feel
    exactly the same way as you do right now. However, there are some remarkable
    similarities between the work I’ve been doing and what you’re looking for
    that are not immediately apparent. Let me tell you what they are."

  • If
    you’re a salesperson and the buyer says, "I hear that you people have
    problems in your shipping department," arguing with him will make him
    doubt your objectivity. Instead, say, "I understand how you could have
    heard that because I’ve heard it too. I think that rumor may have started a
    few years ago when we relocated our warehouse; but now major companies such
    as General Motors and General Electric trust us with their just-in-time
    inventories, and we never have a problem."

  • If
    the other person says, "I don’t believe in buying from off-shore
    suppliers. I think we should keep the jobs in this country," the more
    you argue the more you’ll force him into defending his position. Instead,
    say, "I understand exactly how you feel about that, because these days
    many other people feel exactly the same way as you do. But do you know what
    we have found? Since we have been having the initial assembly done in
    Thailand, we have actually been able to increase our American work force by
    more than 42 percent and this is why . . ."

So
instead of arguing up front, which creates confrontational negotiation, get in
the habit of agreeing and then turning it around.
At my seminars, I sometimes ask a person in the front row to stand. As I hold my
two hands out, with my palms facing toward the person I’ve asked to stand, I ask
him to place his hands against mine. Having done that and without saying another
word, I gently start to push against him. Automatically, without any
instruction, he always begins to push back. People shove when you shove them.
Similarly, when you argue with someone, it automatically makes him or her want
to argue back.

The
other great thing about Feel, Felt, Found is that it gives you time to think.
Sometimes something will come up in a negotiation that you weren’t expecting.
You haven’t heard anything like this before. It shocks you. You don’t know what
to say; but if you have Feel, Felt, Found in the back of your mind, you can say,
"I understand exactly how you feel about that. Many other people have felt
exactly the same way. However, I have always found . . ." By the time you
get there, you’ll have thought of something to say. Similarly, you sometimes
catch other people at a bad moment. You may be a salesperson who is calling to
get an appointment and the person says to you, "I don’t have any more time
to waste talking to some lying scum-sucking salesperson." You calmly say,
"I understand exactly how you feel about that. Many other people have felt
exactly the same way. However . . ." By the time you get there you will
have recovered your composure and will know exactly what to say.

Key
points to remember

Don’t
argue with people in the early stages of the negotiation because it creates
confrontation.
Use the Feel, Felt, Found formula to turn the hostility around.
Having Feel, Felt, Found in the back of your mind gives you time to think when
the other side throws some unexpected hostility your way.

Roger
Dawson is a professional speaker the author of two of best selling books on
negotiating: Secrets of Power Negotiating and Secrets of Power
Negotiating for Salespeople,
both published by Career Press. He was
inducted into the Speaker Hall of Fame in 1991. You can contact him at rogdawson@aol.com.
His website address is: http://rdawson.com.

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