We've all dealt with difficult negotiators. In the movie Swimming with Sharks, Kevin Spacey played the classic, arrogant Hollywood mogul, Buddy Ackerman. In a scene that begins as a simple office conversation/negotiation by his assistant, Guy, wishing to be treated with a bit more civility (following an alleged mistake), Ackerman escalates it into a verbal dismemberment of his underling. Ackerman sarcastically offers that everyone is entitled to make a mistake, and now that Guy made his mistake, he has used up his quota. When Guy has the temerity to suggest that he didn't actually do anything wrong and doesn't think he should be yelled at, again Ackerman continues his scorching derision—a mock apology for hurting Guy's feelings and an equally hollow compliment to Guy for fostering office communication. Ackerman then closes the door and finishes shredding Guy, no holds barred. He tells Guy that his thoughts, feelings, opinions, in fact, his very existence on earth, are meaningless; he isn't worth flushing in a toilet; he isn't as important as Ackerman's pencils or pens or paperclips, all of which he throws at Guy's head. Guy finally, meekly backs out the door, Ackerman mimicking (and yelling) Guy's request not to be yelled at, then smugly straightening his tie and returning to work—in power, in control—the poster boy for difficult negotiators.
What a despicable guy! He's so smug, so crude, so cruel. Aren't you glad you don't have to deal with him? But you do. That scene may be from the entertainment business, but difficult negotiators are everywhere. They just have different names, wear different clothes, make different demands, and have different styles. If only they didn't exist, negotiating would be so much more pleasant. But they do exist. You can either ignore that reality or learn who they are, what makes them tick, and how to deal with them effectively.
In the course of a career, you'll deal with so many kinds of difficult negotiators, you'll be hard pressed to name the single most difficult. But to tell you the truth, in my case, it wasn't a sports team owner or a corporate titan or a political power broker. It was an elderly man who owned a farm.
Let's take a recreation break. If you play golf or tennis and you get angry and then hit the ball, where does it go? Into the net? Into the trees? It tends to go everywhere except where you want it to go. It may feel good for a moment to let your frustrations out on the tennis or golf ball, but the results are usually terrible. The same holds for negotiation. It may feel good to lash out (or lash back) at the difficult negotiator, but if you do, the negotiation tension will likely escalate, possibly to a full-scale war. Remember, in golf, tennis, and negotiation, when you let your frustrations out, the results are usually terrible.
Difficult negotiators' conduct may seem unfair, inflammatory, provocative, even mean. They use or display these emotional approaches that put you in an emotional—less rational, less measured, more volatile and vulnerable—state. They can cause you to lose focus on your game plan. If you do, you're prone to make mistakes. Therefore, I always remind myself, “Don't take it personally—don't get personal.”
The more difficult the negotiator, the more prepared you should be. Before I met with the old farmer, I used my research about him to determine the cause of his being difficult and to formulate a strategy for dealing with him—multiple meetings, tacking, finding common ground. Know what to do before the situations occur and you can overcome the most difficult negotiators without reverting to becoming one of them.
People are reactive creatures, not computerized responders. Be conscious of your human tendencies and you've taken the first step toward staying calm in the face of provocation.
Don't respond to emotion with emotion. That's easy to say, not so easy to do. After all, you've just been bombarded, even if only verbally. One way to assure you won't have an emotional response to an emotional prod is to have no response—take a time-out.
Take your time. Again, start counting. Or stop the process altogether and call a time-out. Ask for a break. Go to the bathroom. Get coffee. Do anything that interrupts the emotional momentum. Emotion tends to build on itself. Break the chain and the emotion recedes. It's amazing how the expression, the demand, or the challenge that causes a visceral reflex loses its bite even 30 seconds later. It's even less upsetting after a few more minutes. Write it down. That will make it even less emotional. Look at the words and the meaning. Ask yourself what the other side was trying to get you to do. As soon as you start to analyze it, you begin to defuse your emotions and move toward rational action.
As demonstrated in the story of The Old Man and the Farm, tacking can be an invaluable negotiation tool. When sailors meet strong headwinds, they tack, turning the ship at an angle to the wind, moving forward in zigs and zags, rather than confronting the force and being rebuffed. Sailors are patient. They don't have engines, only nature. But they inevitably get where they're going. To get where you want to go in negotiation, use the tools of tacking.
As you finalize your response, consider letting them save face as a part of the solution. (This is how tacking often concludes.) Just as I did in the situation with the old man, craft solutions that the other side can justify to themselves or those they answer to. Satisfy their need to win by conceding a less significant point. Address the issues behind their issues and they can walk away with a victory or the appearance of a victory. You don't need the trappings of a win as long as you get what you came for.
Fresh feelings, strong wills, and conflicting goals—a story from my career in which I helped control a situationally difficult encounter.
Postscript: How many years did the “Orioles' two-year/Cal's three-year” contract deal end up lasting? Three. The team exercised their option to pay him his full salary for a third year.
When the other side gets emotional, see their use of emotion for what it may well be: a negotiation ploy or tactic. It may simply be a device by a strategic negotiator to elicit a particular reaction from you, just as an opening low bid is meant to get you to drop your high asking price and eventually meet somewhere near the middle.
Emotional attacks are often negotiation tactics, not personal condemnation. Don't counter personal attacks with personal attacks. Just as the nonemotional response will neutralize the emotional ones, the impersonal approach will neutralize the personal. It takes discipline and a reminder of your purpose. Remember, the best retaliation against being called nasty names is to make the deal you want, not calling them even worse names.
The way to avoid emotional responses is to be ready for emotional tactics.
You've made certain proposals that cause the other side to take offense. They feel you asked for too much. They're furious. Your proposal is unreasonable. They're outraged. They get loud and volatile. You better give in on something or they'll stay angry. They insist you make a concession in exchange for them lowering their rage.
Do you ignore their anger? No. You respond to it, but not to the emotional blackmail. What is it about your request that made them angry? Did they fully understand it? Can you put it another way or explain your reasoning better? Perhaps you can learn information from them as to why they're angry and what it takes to put the negotiation back on track. Respond to the anger, not the demand.
The other side claims to be insulted by your offer. In fact, they're so insulted, they insist you make another, more realistic offer. They're trying to get you to bid against yourself. Don't. Remember, it should be difficult, if not impossible to insult a negotiator with an offer. By definition, an offer demonstrates you are engaging in business conversation. It may be a low number; it may have tough terms; it may have out clauses, but it is no more insulting than the other side coming back with a high number, better terms, and no out clauses. This is the process of negotiation, back and forth.
If the other side says they've been insulted, ask them to tell you what kind of offer they would consider “not insulting.” By doing so, they're showing what aspects of your offer were unacceptable and are, in fact, countering rather than having you bid against yourself.
Guilt can be a powerful and effective emotion when employed by a skilled dealmaker. You should feel bad for asking for so much. Just because you have the upper hand, you've put us in a corner. How can you do this to us?
Remember, guilt is a negotiation device, just like anger. It's used to make you feel bad and soften your requests. Isolate the emotion from the issues. Focus on the issues. What would they propose back? How would they proceed with the deal? What do they see as fair? Don't feel guilt (unless you're negotiating against your mother).
The other side is overwhelmed, too busy, inundated with problems. They want you to solve this one. They're under immense pressure; their world is chaos. They want you to handle this one and get back to them.
This is just another negotiating ploy. They're taking themselves out of the give-and-take process necessary to making a deal. This forces you to be both sides, making concessions in anticipation of what they might want. It also allows them to come in at the last minute and reject everything you've done (since you did it without them).
Tell them you understand the pressures they face. Ask if there is anything you can do to help with their immediate problems or if they'd rather wait to do this deal when things have calmed down. Sympathize with their exasperation but keep them in the process.
Watch out for anyone who keeps telling you how brilliant you are during the negotiation. We all like to have our egos stroked. Deft negotiators will use this human foible to praise us into concessions. After all, if we've gained every point all day, why not give up a minor one here and there? Some compliments are real, but beware of a flood.
Smile. Say thanks. And refocus. Don't be surprised if the compliments ebb as the deal comes to a close.
Negotiators don't come in just two flavors, difficult and easy. They possess an infinite array of characteristics, in an infinite number of combinations. The first step in getting them to make the deal your way is recognizing the characteristics you're up against.
Personality Traits. Think of Rodney Dangerfield in Caddyshack. Extroverts are outgoing, impulsive, and full of energy. The plus is enthusiasm. The minus is lack of focus.
How Extroverts Become Challenging. They don't prepare because preparing isn't “doing.” They'd rather “do.” They talk instead of listen. Action is mistaken for progress. Extroverts can be infuriating because you can never pin them down on details. They agree with you one day and then change their story the next.
How to Negotiate with an Extrovert. Let them do what they do best—extend themselves. Their surroundings are often cluttered with trophies, celebrity photos, and mementos. Each one is a story. Listen. Extroverts seek recognition. Give it to them. Let them know how much this deal will enhance their reputation. Then, when it comes time to deal, document. Get promises in writing. Keep the Extrovert focused by using agendas.
Personality Traits. Think of Gordon Gekko in Wall Street saying, “Greed is good.” The Pragmatic always wants to take charge of the negotiation. Pragmatics have lists of deal points or key issues they want to tick off so they can get to the bottom line fast. They're impatient and consider time almost as valuable as money.
How Pragmatics Become Challenging. They play hardball. They want to win and they want you to lose. They lack patience. They abhor loss of control and sometimes revert to dictates and threats. As a result, they cause deadlocks and are rarely willing to expend the effort or time to work it out.
How to Negotiate with a Pragmatic. Know what you want and be prepared to stand your ground. Start off by aiming high. Put additional items in your proposal that you'll eventually give away. After a struggle (perhaps just before a deadlock) give in. Let the Pragmatic declare victory while you go home with the deal you wanted.
Personality Traits. Think of Mr. Spock in Star Trek. Everything must be based on logic. Analytic negotiators are very cautious, obsessed with process more than outcome. They try to take the human element out of a human process.
How Analytics Become Challenging. Analytics slow the negotiation process down to give themselves time to study, and restudy, all available information and alternatives. You have a deadline. You want to get the deal done. The Analytic can become a nitpicker whose analysis, or overanalysis stops the deal dead in its tracks.
How to Negotiate with an Analytic. Do not try to jam the deal down the Analytic's throat. The more you push, the more they resist. The more you hurry, the more uncomfortable they become. Force yourself to slow down to their pace. Avoid being unpredictable. Since preparation is so important to them, do your own homework. Instead of trying to convert them to your principles, work with theirs to the extent that you can still get a deal done that works for you. (This may be against your instincts. It will require great self-discipline but may be well worth it.)
Personality Traits. Think of former President Clinton when he “feels your pain.” Amiables are relationship-driven. People are more important than facts. They avoid confrontation at all costs.
How Amiables Become Challenging. Amiables are difficult to pin down in their decision-making process. Amiables want so much to be liked that they will tell you whatever you want to hear at the moment, only to change their tune when the next person expresses a different position. Eventually, negotiations break down because the Amiable is unable to make a commitment or decision.
How to Negotiate with an Amiable. Focus on people issues. Let the Amiable play host; be the guest. Avoid impatience. Let time pass so the Amiable can build a relationship. Let the deal unfold.
Challenging negotiators come in all shapes, sizes, and variations. So do the means to handle them. Realize that your next difficult negotiator isn't likely to be a textbook Analytic or a classic Amiable. You're more likely to run up against a Pragmatic Extrovert, or an Amiable Analytic…and you'll have to use a combination of methods. And sometimes, you'll encounter a truly unique negotiator.
Realize that in order to negotiate successfully, you'll have to employ a combination of the tools provided, customized to the particular challenging negotiation you face. Listen to their stories, flex with their timetable, recognize guilt as a ploy and get to what's behind it, let them save face, brainstorm a menu of alternatives, offer an outside standard of projections, and be prepared to revisit and revise throughout.
Dealing with the Difficult Negotiator without Becoming One
Emotional Tactics | Nonemotional Responses |
Anger | Find out why they're angry |
Insulted | What wouldn't be insulting |
Guilt | Focus on issues |
Exasperation | Understand |
False flattery | Refocus |