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The Tough Negotiator
23/12/2017
by Carl Williams

Positional bargaining is the default status of the big ego self-appointed tough negotiator, so the next time you are faced with someone playing hardball in a negotiation, recognise that nearly everything that someone says during a negotiation can be classified into one of three categories: i) POWER statements, ii) RIGHTS statements and iii) INTERESTS statements.

 

POWER statements attempt to force the other party to do something s/he would otherwise not do. Typical POWER statements are:

​​”That’s my final offer“    “Take it, or leave it“     “You need to do better than that, otherwise there will be no deal“    “That’s a non-starter” ​     “We have your competitors lined up”

Any threat to withdraw the business is a POWER move.
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RIGHTS statements refer to standards, norms, customs, rules, legal rights or precedents, for example:
“This is not the way we usually do things“     ​”It wasn’t like this last time“     “We’ve been one of your customers for a long time“    ​”Other agreements we have are just not like this“    “In this part of the world, it just doesn’t work like that”
​​RIGHTS moves and statements focus on precedents as a way to justify opinions and demands.
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​INTERESTS questions and statements are geared to uncovering the underlying goals and interests of the respective parties, for example:
“What are the key outcomes you seek?“      “How will that help you in achieving your primary objectives?      “Why is that such an important consideration?”   “I’d like to share some of our main objectives with you“     “Let me explain how this could work for us“    ​”The main value for us here is…..”
​INTERESTS statements are generally geared towards a desire to be collaborative.

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The big ego negotiator will often make a number of “power” and/or “rights” statements.  In these circumstances, you will have to be both persistent and skilled in your counter-questioning in order to shift the person from their entrenched position to uncovering their underlying interests. If they refuse to shift and you do not have an attractive alternative, you will have to accept the most likely outcome will either be an undesirable “win:lose,” or a walk-away scenario.

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