26th April 2012

Questions That Entrap

Great trial lawyers love using questions to entrap witnesses. Questions however can backfire as this amusing story involving an aggressive lawyer shows.

Lawyer: Doctor, before you performed the autopsy, did you check for a pulse?

Witness: No.

Lawyer: Did you check for blood pressure?

Witness: No.

Lawyer: Did you check for breathing?

Witness: No.

Lawyer: So, then, is it possible that the patient was alive when you began the autopsy?

Witness: No.

Lawyer: How can you so sure, doctor?

Witness: Because his brain was sitting on my desk in a jar

Lawyer: But could the patient have been alive nevertheless?

Witness: Yes, it is possible that he could have been alive and practicing law somewhere.

The moral, of course, is before you start trying to entrap people with smart questions, you need to anticipate the answers.

Popularity: 1% [?]

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16th May 2011

Getting More

Having written 3 books on negotiation it’s not often I find a book that reframes the way we should look at negotiation.
In Getting More: How You Can Negotiate To Succeed In Work and Life, leading negotiator Stuart Diamond outlines 12 strategies that I combined amount to a fresh way of looking at negotiation.

Here are Diamond’s 12 strategies.

1. Goals Are Paramount: Goals are what you want at the end of the negotiation that you don’t have at the beginning. Many, if not most, people take actions contrary to their goals because they are focused on something else.

2. It’s About Them: You can’t persuade people of anything unless you know the pictures in their heads: their perceptions, sensibilities, needs, how they make commitments, whether they are trustworthy.

3. Make Emotional Payments: The world is irrational. And the mroe important a negotiation is to an individual, the more irrational he or she often becomes.

4. Every Situation Is Different: In a negotiation, there is no one-size-fits-all. Even having the same people on different days in the same negotiation can be a different situation. You must analyze every situation on its own.

5. Incremental Is Best: People often fail because they ask for too much all at once. They take steps that are too big.

6. Trade Things You Value Unequally: All people value things unequally. First find out what each party cares and doesn’t care about, big and small, tangible and intangible, in teh deal or outside the deal, rational and emotional.

7. Find Their Standards: What are their policies, exceptions to policies, precendents, past statements, ways they make decisions? Use these to get more.

8. Be Transparent and Constructive, Not Manipulative: This is one of the biggest differences between Getting More and the conventional wisdom. Don’t decieve people.

9. Always Communicate, State the Obvious, Frame the Vision: Most failed negotiations are cause by bad communication, or none at all.

10. Find the Real Problem and Make It an Opportunity: Few people find or fix the real, underlying problem in negotiations. Ask, “What is really preventing me from meeting my goals?”

11. Embrace Difference: Most people think different is worse, risky, annoying, uncomfortable. But different is actually demonstrably better: more profitable, more creative.

12. Prepare - Make a List and Practice with It: The List is like a pantry, from which you choose items for every meal.

This list however doesn’t do Diamond justice. Read this book then read it again. Highly recommended

Popularity: 14% [?]

posted in Deal Preparation, Deal Psychology, Face to Face Tactics, Managing Big Complex Deals, Managing Perceptions, Negotiation Mistakes, Negotiation Skills, Uncategorized | 0 Comments

4th November 2010

Avoiding Cockups or Serious Mistakes in Deals

Hermut Kormann, CEO of Voith, the world leader for water turbines doesn’t believe you need to be blindingly bright to be successful. It is sometimes enough o avoid the stupid mistakes others make or correct errors earlier.

Kormann’s theory “In order to be successful, you don’t have to be clever, it is sufficient not to be stupid.”

Mistakes can’t be avoided writes Hermann Simon in his insightful book, “Hidden Champions in the 21st Century” but they can be corrected fast.”

I never fail to be amazed by the number of companies that keep making the same mistakes. All deals: the successful and the not so successful must be reviewed.

If the deal you have settled for is a Barely Acceptable Deal (BAD) ask why you didn’t achieve your Best Possible Agreement (BPA).

Popularity: 12% [?]

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23rd September 2010

The Power of Pause: How to Shift from Running on Automatic

In negotiations, emotions too often overwhelm our best intentions, and what was a resolvable dispute turns into a bitter feud.

In a remarkable insightful book, The Power of Pause, (2010), author Nance Guilmartin reminds us that we spend too much time driving in automatic.

Automatic decision making causes us to:

  • Have knee-jerk reactions - emotions drive is to act before we reflect.
  • Go with our gut - we follow the instant ‘go or no go’ feeling.
  • Persuade or delude ourselves - “I’m the boss: It’s my call”.
  • Take it personally - “I can’t believe they did that to me”.

Instead of driving on automatic Guilmartin says we should use a mental shortcut - similar to the process we use to drive a manual car - to jumpstart a pause.

Unlike an automatic transmission - where all you do is turn on the ignition, step on the gas and do - a stick shift requires you to:

  1. Briefly ease your foot off the gas
  2. Momentarily disengage the gears by pushing down the clutch
  3. Move the gear - shift lever through neutral
  4. Engage the correct gear
  5. Smoothly re-engage the clutch by lifting your foot
  6. Accelerate

The pause takes only a split second and when you do it expertly, you are able to apply maximum engine power to the wheels.

The Power of Pause is full of insightful comments and examples. All negotiators - in fact anyone who works in conflict resolution should read this book.

The Power of Pause helps you to prevent misunderstandings and resolve disputes.

Popularity: 11% [?]

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10th June 2010

A Cockroach in the Soup and a Fly in the Ointment

How do you judge when a deal is fundamentally rotten?

In exploring different types of compromises and his book, ‘On Compromise and Rotten Compromises‘, Avishi Margalit compares what he called “cockroach in the soup” deals where a rotten clause spoils the entire agreement. ‘Fly in the Ointment’ clauses are where a suspect clause makes a deal flawed but not necessarily worthless.

A ‘cockroach in the soup’ clause infects the entire agreement. The acceptance of slavery in the American constitution was ‘the cockroach in the soup’. In the end it would take a civil war to resolve what the absolutist Lloyd Garrison slammed as an “agreement with hell”.

Historical examples aside, every dealmaker should lookout for a ‘cockroach in the soup’ - a clause that makes the deal fundamentally rotten.

‘Fly in the ointment’ clauses cause difficulties but they can be justified and usually resolved over time

Popularity: 9% [?]

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