Negotiating the holidays: Five common negotiations in a magical time of year

With the holidays fully upon us, I thought it might be useful to recap some negotiations you’re likely to face amidst the festivities—along with some research-based suggestions for making them negotiable. I’m pretty sure you’ll face at least one of the following negotiations over the next few weeks:

  1. Deciding where to spend the holidays. Many of us will have a robust discussion with our better halves as to where to spend the holidays—and for how long. For some suggestions on avoiding a less-than-festive meltdown in the process, you might want to review this post.
  2. Dealing with annoying seatmates. Many of us will encounter fellow holiday fliers who…how shall we put this…have a slightly different take on in-flight decorum. For some suggestions on keeping the skies friendly, check out this post.
  3. Finding time for family. Many of us will need to physically pry ourselves away from our desks to spend the desired time with family and friends. For some tips on negotiating a reasonable work-life balance when it’s needed most, you might want to review this post.
  4. Counteracting predatory retailers. When purchasing our presents, many of us will encounter amazing deals. Others will encounter “amazing” deals—deals that retailers would love for you to misinterpret as such. To recognize and counteract a particularly pernicious version of this trap, consider the following post and paper.
  5. Giving appropriate and reacting appropriately to gifts. It’s the season of giving and receiving, but many people struggle to devise the appropriate gift or react appropriately when they receive the annual fruitcake. So consider reviewing the following posts on giving and receiving for some insights from the negotiations literature.

And now, here’s ho-ho-hoping your holiday becomes a bit more negotiable.

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Did you have a “good negotiation?” Fatigue, not frustration

How do you know you’ve had a good negotiation—you’ve gotten the best deal possible without obliterating the relationship? In the real world, outside the confines of a negotiation class with everyone’s agreement posted for everyone else to see, the truth is: you won’t. You’ll never really know how well you did versus however well you could’ve done. Sure, if you happened to slam-dunk it or bankrupt your company, you’ll probably have a sense. But in most negotiations, whose outcomes lie somewhere in the mushy middle, you’ll always walk away wondering.

So should we all utterly abandon the effort to assess our own negotiations post hoc? Before we go quite so far, let me suggest a simple heuristic that can still offer some clues to your success, thereby making the post-negotiation process negotiable.

The heuristic, surprisingly, is this: Fatigued, not frustrated.

What in the world could I mean? Fundamentally, a “good negotiation” entails sticking to your aspirations, pushing for your interests, and creatively attacking a seemingly intractable set of positions. That’s tiring! If you’ve really done all that, you’ll probably feel quite fatigued—and you should.

But wait, does that mean that the best negotiations are the most unpleasant ones—that we should experience our most successful deal-making as a flurry of frustration? No! Fatigue is far from a synonym for frustration—we can all walk away from social situations feeling sleepy but willing to sleep it off and send a thank-you note. Instead, frustration is probably a sign somebody obliterated the relationship.

But wait #2, why shouldn’t we walk away from our best negotiations feeling happy, wanting to high-five our counterpart and buy them a beer? Because if you feel that way, chances are you folded too quickly and easily relative to your aspirations or interests—or didn’t define them well in the first place.

But wait #3, does all fatigue = a good negotiation and all happiness = a bad negotiation? Of course not. You might feel fatigued because your neighbor’s dog was howling all night or, more germanely, because you just got schooled by a counterpart who totally outsmarted and exhausted you at the same time. And you might feel happy because your neighbor’s dog finally shut up at 10 pm or, more germanely, because you somehow found a magical counterpart who was shockingly amenable to your wildest dreams.

So I’m not suggesting a 1:1 relationship between fatigue and successful negotiation. I’m simply suggesting a heuristic than can help you play Sherlock Holmes on your own post hoc feelings and reactions. So the next time you walk away from a negotiation feeling fatigued, relish the feeling! Or at least entertain the possibility that you performed quite well. But don’t confuse frustration for fatigue and somehow elevate relationship obliteration to a virtue. And don’t assume that overwhelming feelings of joy necessarily flow from the very best deals. They don’t.

Three cheers for fatigue!

Practicing for negotiations: Why not?

We practice meticulously for every important event in our lives. Whether it’s a presentation, a soccer game, or an interview, if we value the outcome, we typically spend some serious time practicing (e.g., by dry-running, scrimmaging, or mock-interviewing).

So it’s curious that most of us devote so little time—approximately none at all—to practicing for our most important negotiations. Perhaps we’ll give some passing thought to our strategy for the car dealer or even use the BRAIN acronym to structure our thinking. But mental preparation is not the same thing as active practicing, and precious few of us will ever consider the latter.

But why??? Do we all consider ourselves so much better at negotiating than presenting, shooting a soccer ball, or detailing our greatest strength? Do we all feel foolish enlisting the help of a make-believe car dealer? Do we not even know where to start?

I honestly don’t know.

Since practice is the only thing that can make negotiations perfect (or at least negotiable), however, I’ll assume it’s the last one and urge you to start here:

Pick a trustworthy friend, perhaps an aspiring thespian. Bring them up to speed on every last aspect of the negotiation and your likely counterpart. Then, actually pretend you’re negotiating, making sure to focus your role-playing on the following topics:

  1. Opening and setting the right tone. As in first dates, the first minute of a negotiation sets the tone for most of the subsequent relationship. Will this be a cooperative or combative discussion? A problem-solving exercise or a cage match? Whatever the tone you intend to set, you’d better practice setting it to follow through when the heat is on.
  2. What you’ll share and won’t. In every negotiation, you’ll have to share certain nuggets of information to get to yes. And you’ll have to avoid a discussion of other topics like the plague—your bottom line for example. You need to practice sharing the former and avoiding the latter tactfully.
  3. Responding to tough questions. Your counterpart may well ask you to share the information you really don’t want to. They may also ask questions that tempt you to lie. You need to hear yourself concocting an answer that doesn’t give away the farm or your ethical (and/or legal) compass.
  4. Rebooting the conversation. At some point, most tough negotiations get mired in a positional debate. “I want X!” “I want Y!” And X is typically the opposite of Y. If you hope to rise above such a debate in real-time, you need a practiced strategy for changing the conversation. A strategic suggestion to take a break or a blue-sky question about an entirely different topic?
  5. Walking away if you have to. It’s kind of like the safety demonstration on the airplane. You really don’t want to think about it and hope you never have to remember it, but you’d better make sure to understand it. If a negotiation disaster sets in and you can’t find a way to best your BATNA, you need a practiced plan for walking away gracefully rather than falling into a tailspin.

In sum, for all the same reasons you play a scrimmage rather than fielding a new soccer team just before the game, we should all practice negotiating rather that discovering our negotiation prowess (or lack thereof) in real-time. If nothing else, consider it an opportunity to indulge your inner thespian.

Win-win or win-whatever? Setting our sights just a little bit lower in negotiations

Why is it that most people—even those who take (or teach) negotiation classes—still find it hard to negotiate? I’m here to argue for one of many reasons: the possibility that in many situations, most of us set our sights just a little too high.

Anyone who’s taken (or taught) a negotiation class can summarize the course in a single phrase: “win-win.” But now let me convince you of a less ambitious but potentially more common and attainable goal that can still make life negotiable: win-whatever.

A story to explain:

My two daughters recently visited a fine-dining establishment—let’s call it Chick-pat-E—both receiving the same book as a giveaway with their kids meal. Arriving at home, one put their book on the table, and the other let theirs fall to the floor. Which is which, no one knows.

Later that day, my six-year-old arrived at the table, claimed the table-book as her own, and started to read it. My three-year-old, witnessing said events, developed uncontrollable fits of rage. “That’s my book!” she insisted immediately, repeatedly, and with increasing levels of agitation. Now, I had no idea whose book was whose, but I leaned over to my six-year-old, winked at her, and asked her to be the “big girl” by accepting the (identical) book on the floor. And my six-year-old, to her great credit and with the benefit of three years, begrudgingly recognized that it really didn’t matter. So she gave the table-book to the three-year-old and accepted the floor-book as her own. A win for my three-year-old and a whatever for my six-year-old.

Now what would a win-win have looked like? Perhaps the three-year-old could’ve claimed the table-book today and the six-year-old could’ve claimed it tomorrow? Or the three-year-old could’ve gotten first dibs at the next Chick-pat-E giveaway? Or the six-year-old could’ve gotten the table-book but gifted one of her other books to the three-year-old? All interesting and innovative solutions but hard to execute in the presence of an increasingly agitated three-year-old. A win-win in this case would’ve been awfully difficult.

Reflecting on the story, is it possible that many of us find it hard to negotiate because we’re shooting just a bit too high? Are we ambitiously aiming for win-win when a win-whatever would really do? As great as win-wins can be—and I really believe it—I’d suggest that win-whatevers are often much easier to find and execute. And I do suggest, in my negotiation classes, that they’re just as important for getting to yes. So, the next time you’re struggling to identify a win-win way of divvying up housework, deciding on work responsibilities, or allocating giveaways from Chick-pat-E, consider setting your sights just a little bit lower—not way lower on conflict or avoidance or win-loss. Just a little bit lower on win-whatever. I think you’ll start to see indifference as a virtue.

Negotiating Life’s Non-Negotiables

My posts routinely suggest that life becomes negotiable when we apply some simple scientific principles from negotiation research. But we all know that not everything’s negotiable. The weather (it’s been raining in Maryland for months), our own health (we all face the fickle hand of fate), the state of American politics (nuff said). Some things just can’t be negotiated.

But that doesn’t mean they’re not negotiable!

Indeed, non-negotiable issues often force us to negotiate with ourselves, and those same scientific principles can still make our own intra-individual negotiations more negotiable. To see what I mean, consider the following five principles as they relate to negotiations with ourselves:

  1. Interests: Negotiation research advises you to ascertain your counterpart’s interests (their underlying needs, desires, and priorities). But in the face of circumstances we can’t control—say the perpetual cloud hanging over my home state—we would all do well to examine our own. Is it in our own interests, long-term, to worry about the weather? Probably not. (See health point above.)
  2. Integrative solutions: Negotiation research emphasizes that outcomes don’t need to hurt one party to benefit the other. Likewise, we’ve all heard that every cloud has a silver lining. In the case of Maryland’s many clouds, the silver lining has been my ability to focus on writing rather than the many distractions associated with a sunny day. So Mother Nature’s perverse pleasure in raining on me meshes well with my very appropriate pleasure in being productive.
  3. BATNA: Negotiation research urges to consider your Plan B. In the case of uncontrollable events, that exercise could actually help you realize that the event is a teeny bit negotiable. What’s your alternative to complaining about the political state of our country? Finding a way to get involved and change whatever small corner of it you can, as many people have (recently).
  4. Ratification: Negotiation research teaches us, when we’re deep in the heart of a contentious negotiation, to step away and think about it before acting rashly. Similarly, people who happen to get all worked up about politicians or entire branches of government often find it useful to consider another topic before taking to Twitter.
  5. Negotiating in teams: Negotiation research teaches us that two heads are often better than one at the bargaining table. When it comes to life’s uncontrollable and sometimes insurmountable challenges, two heads are surely better than one. Indeed, finding a way to obtain some social support and tackle the non-negotiable together is probably the most productive way to make it negotiable after all.

These are just examples—and perhaps a little tongue-in-cheek—about the relevance of negotiation research for the intra-individual negotiations that often attend non-negotiable events. But the serious point is that many of us are our own toughest negotiation counterparts. Life becomes negotiable when we realize we don’t have to be.

Five pernicious assumptions that your service providers make about you

If you’re like me, then virtually every week brings an unexpected fee hike. Take last week, when both my cable bill and cellular bill unexpectedly jumped $20 a month. “How in the world can our service providers have such gall?”, you might ask.

Well, let me tell you how: they make five common, negotiation-related assumptions about me and you and everyone else—assumptions that the average consumer consistently proves correct. But by understanding and disproving these assumptions, you, the non-average consumer, can make life negotiable.

Specifically, your service providers consistently assume that:

  1. You won’t notice the fee increase: Your service providers commonly believe they can slip one by you—that you are one of those people who doesn’t scrutinize their statements or e-bills or direct withdrawals. Prove them wrong by approaching your bills with the mindfulness of a novice operating a power tool.
  2. You won’t have the courage to call: Your service providers commonly believe that, even if you do notice the fee increase, you’ll probably be too wimpy to pick up the phone and call them on it. Prove them wrong by putting their number into your speed dial.
  3. You won’t have the time to call: Your service providers commonly believe that, even if you notice and muster the courage to call, you won’t have the time to. This, I must say, is probably where they get the most people, stretched as we all are. But prove them wrong by thinking not about whether it’s worth your time to dispute the $20, but whether it’s worth your time to dispute the $20 x 12 months. Then multiply that amount by the number of service providers likely to jack up your fees in the near future.
  4. If you do call, a simple no will suffice: Your service providers commonly believe that, even if you notice the fee hike and assemble both the courage and the time to call, they’ll be able to dissuade you with a simple “no.” For example, “No, that pricing promotion has ended, so we can’t put you back on it.” Prove them wrong by asking a different question. For example: “Ok, is there a different active promotion that would bring me back to the same price?” (That exact question eliminated the two $20 fee hikes mentioned above.)
  5. You won’t be willing to walk away: Worst case, your service providers commonly believe that, even if you notice and call and fight for your case, you won’t walk away and go with another provider if you have to. Prove them wrong by calling with a quote from another provider in-hand. Then ask to connect with the cancellation department, which almost always proves more pliable.

In sum, your service providers are banking on your being inattentive, wimpy, busy, gullible, and certain to surrender eventually. If you want to make life negotiable, you have no alternative to proving them wrong. Unlike your service providers, I assume that you can.

Three surprising advantages of negotiating with multiple people

Many of our negotiations feature several counterparts: It’s us on one side of the table and a couple of people across it. Faced with multiple counterparts, even the experienced negotiator quakes in their boots. How can we, our lone selves, contend with multiple opponents? But a recent multiparty negotiation at the dentist’s office reminded me that these types of negotiations do not necessarily redound to our disadvantage—they sometimes afford us, the lone negotiator, some interesting, information-related advantages.

Background for the story: One of my teeth is slightly chipped. On a recent trip to the dentist, I considered inquiring about the possibility of fixing it with a filling. Let’s review the rest of the story and thereby surface some benefits of negotiating against multiple parties, in the hopes of making life negotiable.

  1. You can compare the information offered by each party. Before inquiring with the dentist about the filling, I decided to inquire with the friendly hygienist. Specifically, I asked her whether, after sinking a boatload of load of money into an expensive filling, it would stay in for more than five minutes. “On that tooth, it’s hard to keep the filling in there for long,” she said. Then, after the hygienist had left the room and dentist had entered, I re-asked the same question. “Oh, that will definitely stay in for a long time,” the dentist assured me. Same question—two very different answers. Interesting.
  2. You can take action based on the information disparities. Hearing the discrepancy between the hygienist’s and dentist’s opinions, I started to experience some uncertainty as to its source. Did the discrepancy reflect the dentist’s advanced training or…eh hem…his other interests? So I asked him about the possibility of a contingency contract in which he would guarantee the filling for a certain period of time or give me my money back. He very begrudgingly agreed, suggesting the discrepancy reflected his advanced training, sort of.
  3. You can control the information you provide to each party. At this point, the hygienist reentered the room, and the dentist overoptimistically interpreted our conversation as indicating I was ready to schedule an appointment for the filling immediately. And before I could correct his overzealousness, he had shaken my hand and left. The hygienist, in turn, walked me upfront, repeated the dentist’s message to the scheduler, and wished me well. But before the scheduler had even opened her Outlook calendar, I seized the opportunity to tell her that I was actually only interested in learning more about the procedure—specifically, its price and whether my insurance would cover it. So I asked her whether she would call me with the price, at which point I would consider and call her back (a form of ratification). The introduction of this third counterpart, the scheduler, was all that saved me from an expensive and premature agreement.

In sum, the next time you find yourself on one side of a table and multiple people on the other, don’t panic. In many ways, you, the lone negotiator, have the informational advantage. Seize it!