Negotiation experts (and amateurs) have been preaching win–win for some time. The trouble is, it's unrealistic. The expression win–win has become more of a pop cliché than a negotiating philosophy. It's either a winner's rationalization for lopsided triumph, a loser's excuse for surrender, or both sides' phrase for when everybody is equally unhappy. There's rarely such thing as both parties winning identically, that is, both getting all of what they want. One party is bound to get more and one less, even if both sides are content with the outcome. The latter is possible. Both parties can be satisfied, but both do not usually win to the same degree.
If someone is going to come out ahead, it would be great if it's you, but at the very least you maximize your interests.
For example, in the $10 bill game in Chapter 1, rather than quickly retreat to a division of $4 for you and $6 for them, one way to maximize your return is by making change, a split of $5.01 and $4.99. Even if you end up with the $4.99, you have substantially increased your return over the $4 split.
WIN–win is realistic. It isn't easy—it requires focus and discipline but it is achievable. And it doesn't turn negotiation into war. Because it's not WIN–lose, WIN–clobber, or WIN–ransack-pillage-and-obliterate, you don't have to destroy the other side. On the contrary, you want them to survive, even thrive, in order to make sure the deal lasts and leads to future, mutually beneficial deals. That's the Power of Nice and WIN–win is what that power delivers.
To achieve WIN–win, the first order of business is to identify your own interests and goals, what you really need to achieve from a potential deal. You may say, “Hey, I do that automatically.” But that's the problem. What you automatically assume to be your goal may not be what you really require to make the deal worthwhile. For example, you may assume you must get a certain price for a piece of real estate. Do you make the assumption because you hear that's the current market value? Or because another seller supposedly got that price? Or because you promised your partners a given return? Is your price really engraved in stone? Will you take less if it's a cash offer but insist on more if paid out over time? How about the emotional aspects of the deal? Are you trying to get out from under a burdensome property? Are you saddled with nervous investors? Perhaps you need peace of mind more than money. Or vice versa.
You can't satisfy your interests until you know what they are. And they're rarely as obvious—or simplistic—as you might assume. But, if you force yourself to think through your priorities, your interests will clarify. You will learn the true parameters of your needs, what you can sacrifice, and what you can't.
Before you go into a negotiation, ask yourself what you want out of it. Then challenge your own answers. Take apart your demands. Make hypothetical offers to yourself, each with different terms. Rank your needs. Force yourself to give up goals from the bottom of the list up, until you're left with the one most important goal of the deal. Now you know what you want.
But you're only halfway there. You have to do the same for the other side. Try to determine their needs and interests. Just as you can make the mistake of assuming your goals, you could make the mistake of assuming theirs: You want to get as high a price as possible so they must want to pay as low a price as possible. What if you learned that they might pay substantially more if you let them push the deal into their next fiscal year? Or that while you have investors clamoring for a return, they have shareholders who are in an acquisitive mode? Or that while your constituents want land, they want security?
Determining someone else's needs isn't easy to do alone. Get someone to play the Devil's Advocate, thinking on behalf of the other side. By role-playing, the advocate will look out for and reveal to you real interests of the other side, instead of your having to rely on your assumptions. Or, if you have the opportunity, directly probe the other side for its interests.
Chances are, their interests are as complex as yours. The earlier you know what their interests are, the greater your leverage will be. Some of their goals may become apparent as you negotiate. But that may be too late to react or counter.
The chapter that follows this one deals with the 3 Ps, one of which is prepare. It means, among other things, learn all you can about the people with whom you're negotiating, what motivates them, and, importantly, what they must achieve in a given deal. Find out as much of what they need as you can before you sit down at the bargaining table. You will discover even more once you're at the bargaining table, during the probe phase, which follows prepare.
Once you know what the other side needs, you can determine how their interests conflict and/or mesh with yours. You can find areas of mutual benefit: your price and their terms; their divestiture and your expansion; their capital needs and your investment strategy.
You each have strengths and weaknesses. But, if you do your homework, (and if you probe effectively) you have an advantage. You know what you want and you know what they want. You may be tempted to fulfill all of your own needs and to disregard theirs. Believe it or not, that's not in your best interest. No matter now much stronger your position may be, make sure they achieve some of their goals. That's what enables a deal not just to be made, but carried out.
Let's say you're negotiating with three suppliers for a season's worth of embroidered NBA logos for hats—in round numbers say 24 million logos. Your goal is to lower the cost by .017 cents per logo, but to maintain the quality of those little woven Bulls, Heat, Knicks, Spurs, Thunder, Cavaliers, and Magic. (Ideally, you'd like this season's 24 million hats in your warehouse by tip-off of the first game.) You've had multiple logo suppliers in the past but now you're willing to give the entire 24-million-logos order to one company if they can meet your specs.
The first supplier, Econo-Emblems, comes in with the lowest price, but only on the condition that they can sew logos with a slightly lower thread count per centimeter. The second supplier, Logo-Motion, can meet the thread-count quality standards but at a cost of .003 cents more per logo, which really adds up when you multiply it by 24 million. The third supplier, Sew-What Ltd., meets the lowest price and the thread count but they ask for staggered delivery dates. They'll deliver 8 million logos a month, feeding fan demand as the season goes on. You could reject their request for staggered delivery. And they might give in. After all, this is the biggest order in the industry.
But you know their needs, their real interests. By staggering the delivery dates to you, they'll fill factory capacity over several months, eliminating downtime, keeping the best workers employed throughout the year, thereby increasing profits on other, previously unprofitable jobs, all of which enables them to give you both the price and quality you want. If you force them to meet the original schedule, you run the risk of sacrificed quality to make the dates or missed dates to maintain quality. And even if they make the dates and maintain the quality, their overall operation will likely lose money and never be able to meet the same specs again.
Remember the one goal at the top of your list. Lower the price without sacrificing standards. You WIN, in capital letters. Now let them win on the delivery schedule. Their win assures your WIN. It enables them to carry out the agreement. Instead of what might be, at best, a one-time, one-sided win, or, at worst, a one-time disaster, you now have the makings of a long-term relationship. Remember, the essence of negotiation is not just making a good deal; it's building relationships.
Often, the best way to get what you want is to help the other side get what they want. There are very few deals in business or life, in general, that are truly one-time, never-again transactions. The world of negotiation is a small one. How often have you:
Too many people negotiate as if they'll never again see or do business with the person across the table. That was the modus operandi of my ex–law partner, the bridge-burner. In fact, the opposite is true. Chances are, you will associate and do business with the same people again. More leases are renewed than written from scratch. More suppliers are retained than replaced. More contracts are extended than begun. More shipments go to old customers than new ones. There's an old business adage that says it takes five times the time/effort/money to win a new client as it does to keep an existing one. The same, with varied multiples, applies to anyone on the other side of a transaction.
If you treated your last deal as your final deal with that party and left them with a bad taste, or worse, bad business results, next time they'll either come to the table with revenge on their minds or not come at all. But, if you did your best to make sure they got some of what they wanted, if you made sure they achieved a win (lowercase), you have the potential of making mutually beneficial deals ad infinitum.
We've established that WIN–win is not win–win. It's clearly, unashamedly designed to maximize your return or even tilt the scale in your favor. It's not pretending that both sides go away with separate but equal smiles. But, importantly, it also stands in sharp contrast to win–win's mutated relative, Wimp–Wimp. That's where you want to make a deal so badly, you make a bad deal. You give in, give up, and give away; anything to get the deal done.
We've identified five notorious Wimp–Wimp negotiator types. Here's how each would negotiate the purchase of an automobile:
Regardless of variety, the Wimp Negotiator becomes a Wimp in the quest for a deal. This isn't disastrous if the other side is also a Wimp. The real danger is when you become a Wimp and the other side doesn't. Then you become something worse than a Wimp; you become a Loser. The process turns to Lose–Win.
We had a participant in our seminar—a broker with a prominent national investment firm who specialized in retirement plans. He confessed that he knew he suffered from a Wimp–Wimp approach but found it almost impossible to unlearn. His story illustrates the old maxim, “Old habits are hard to break.”
Okay, it's simple, right?
What could go wrong? Nothing: If the path to a WIN–win deal was a straight shot. But it isn't. It's almost always littered with barriers, hurdles, detours, potholes, hazards, and all manner of obstacles to keep you from getting to where you want to go. Here's what they look like.
When we harp on the need to prepare, it applies to both sides, yours and the other party. Unfortunately, we can only influence your side. The more prepared you are—the more you know about your goals and their goals, your absolutes and theirs, flexibilities, time limits, creative alternatives, pressures—the greater the opportunity to make a good deal.
As for the other side, the less prepared they are, the more difficult it may be for you to make a deal. The process will surely go slower. They're likely to be skeptical of even the most reasonable offer. Unlike you, they have not thought through various scenarios in advance. They're worried about what they don't know, even paranoid, and therefore less willing to compromise. They may obsess on issues of contention (whether they're meaningful or not) instead of focusing on the bigger issues (on which you could be in agreement).
Why would people not prepare? It's natural. Planning is not fun. Doing is fun. Planning is tedious. (Even if it makes the doing better.) Vacations are fun. Packing isn't. Arriving without socks is not fun. Eating is fun. Flossing isn't fun. Root canals are as unfun as it gets. Spending is fun. Saving isn't. Bankruptcy is only fun if you're a bankruptcy lawyer.
Many negotiators think they're outstanding communicators because they're good talkers. They have big vocabularies, are never at a loss for words, always have a snappy comeback. The problem is, most negotiators aren't good listeners.
When they talk, they're saying what they want to say, instead of answering the concerns and needs of the other party. They're not communicating their ideas clearly; they're uttering words they want to hear themselves say. Or worse yet, the communication takes place through legal representatives and documents, rather than face to face, human to human.
Often, if the other side doesn't communicate effectively, they don't listen well either. They may listen through a negative filter. They suspect what is being said; they're skeptical of motives. It can't be good; it's someone trying to get the better of them. In the end, both parties end up in disagreement, not necessarily over issues, but over the manner in which the issues and positions were expressed.
In the chapter on probing we'll talk about Listening. We'll show you that listening is more than waiting to speak. It's an art and a science. You can practice it and get better. Listening may be the single most powerful tool in achieving WIN–win because it can inform you what the other side really wants and needs to make the deal.
It seems like too many negotiators' jobs are filled by the following help wanted ad: “No experience necessary,” because too many perfectly good deals go bad simply as a result of inexperienced negotiators.
Novice negotiators just haven't made enough deals to know what matters and what doesn't. In their quest to avoid a bad deal, they often avoid making a deal at all. They sometimes take a hard line when it isn't necessary. They offend the other party either accidentally or because someone told them that negotiators are supposed to be tough guys. They believe, out of naiveté, in win–lose negotiation. If they can't win, they'd rather walk away. They react emotionally instead of rationally: all of which can be the undoing of an otherwise promising deal.
The experienced negotiator should know how to handle an inexperienced counterpart. Don't take it personally (no matter how offensive). Don't get hung up on tactics (no matter how crude). Do exercise patience. Let the novices make mistakes, say the wrong thing, back themselves into corners, rant, rave, and demand. While they're ranting, you're thinking. When they're demanding; you're strategizing. They are actually giving you time to calmly assess (or reassess) your position, your method, and your priorities.
When you can put all the elements together, get past positions, when you can identify what you really want, what the other party really wants, when you can satisfy your interests well and the other side's interests acceptably, that's when you can make a WIN–win deal. Here's a case in point:
It doesn't usually take 11 months to get past the impasses. In this case, it was definitely worth it. The dollars and the length of the deal made that clear. However, in most deals that's not necessarily the case. Determining how much time is warranted is important…but not easy to assess. Many people, particularly salespeople, don't look closely enough at the time they spend on a deal, sale, or challenge to see if they are spending it wisely.
WIN–win and maximizing your interests means not just the size of the deal, the profits, or other benefits, but also the time you invest to make the deal—literally the ROI on your efforts. You must ask yourself, “Does what I'm doing make sense?”
To help you answer that question objectively, we've created the Value/Pay Grid.
First, let's define Value. This is the regard your customers hold for your product or service compared to other options in the marketplace—average, good, better, best. And how they regard you as their representative. As for Pay, that's just what it says, how much your product or service is worth compared to other alternatives—the same, less, or even a premium. And “pay” is not only dollars; it can be in the form of other gain, need, or benefit.
Let me give you some examples for each of the boxes in the grid. In the upper right quadrant, Value/Pay, people or customers who fall in this quadrant might say, “I love what your product offers us. I'm confident it's the right product for us. I love you as our sales rep and that you make sure we are always taken care of. Keep doing what you're doing and we'll have a long and productive relationship.”
Those in the lower left quadrant, No Value/No Pay are the exact opposite and will say so, “I don't care about your product or what it has to offer us. I don't particularly care for you as a sales rep and have no interest in working with you or your company.”
Those two quadrants are easy to identify. The other two are where the challenges come.
In the lower right quadrant, No Value/Pay, customers may say, “I don't care about your product or what it offers us, nor do I particularly care for you as a sales rep. However, my boss says we need the product, or thinks highly of you, so I'm required to work with you. Just understand, the moment it's up to me, I will stop buying.”
In the last quadrant, Value/No Pay, customers sound like this, “I love what your product offers us. And I love you as our sales rep and that you always make sure we're taken care of. But…I just don't have the budget to give you any business. So, keep doing what you're doing and one day I'm sure we'll do business together.”
Now, before you decide how to deal with each customer or quadrant, first go back to that ROI question, “Does what I'm doing make sense?”
Many people won't fall unquestionably into the middle of a particular box. They may be a little bit of one, leaning toward another, or straddling a line. But eventually it should become clear where they fall. Your job is to analyze each of those relationships as objectively as possible. Ask yourself, “Does what I'm doing with them make sense?”
Sometimes Maximizing Your Win even means walking away. It may be the best use of your time, the highest ROI on your time investment. (See Chapter 10: No Deal.) You and your company's time, resources, information, and people have value. If you don't believe that, no one else will either.
Here's a real-life story of how the Value/Pay grid can work.
Achieving WIN–win
Good deals echo—they lead to more deals.
WIN–win Is Not Wimp–Wimp
Five Wimp–Wimp Types
Roadblocks to WIN–win
Maximize your Time and Resources Using the Value/Pay Grid