Negotiation tactics

The ultimate guide to overcoming obstacles and impasses in negotiation

A Three-Part Framework Negotiation is a complex and dynamic process that requires a combination of skills, strategies and tactics. In this article, we propose a simple framework to categorize the different types of tactics that negotiators can use in various situations.

We divide the tactics into three categories: preparation, argumentation and diversion.

Preparation tactics

Preparation tactics are those that help negotiators set the stage for a successful negotiation.
They include:

The card kept: This tactic involves being unpredictable and keeping some information or arguments hidden until the right moment.
The marinade: This tactic involves extending the duration of the negotiation to create pressure or fatigue on the other party. It is often used by Chinese negotiators.
The scout: This tactic involves gathering information, sending a preliminary negotiator, organizing a parade of negotiators, playing different sequences and assessing the skills of the other party.
The false lead: This tactic involves pretending to focus on one aspect of the negotiation while having another hidden agenda.

Argumentation tactics

Argumentation tactics are those that help negotiators persuade and influence the other party.
They include:

The small steps: This tactic involves asking for small concessions gradually rather than making a big request at once.
The bargaining: This tactic involves using a combination of good (attune and temper) and bad (attack and destabilize) roles to create contrast and confusion.
The painless childbirth: This tactic involves leading the other party to discover the solution that you want through a series of arguments.
The judo: This tactic involves using the other party’s arguments against them and turning their strengths into weaknesses.
The bulldog: This tactic involves taking an argument provided by the other party and not letting go until they concede or change their position.
The pressure: This tactic involves using threats or ultimatums to force the other party to agree or compromise.

Diversion tactics

Diversion tactics are those that help negotiators avoid or deflect unfavorable situations or arguments.
They include:

The moving: This tactic involves changing the topic of the discussion to highlight a disadvantage or weakness of the other party.
The broken record: This tactic involves repeating the same proposal or argument over and over again until the other party gives up or accepts it.
The silence and impenetrability: This tactic involves remaining calm and emotionless in the face of provocation or pressure from the other party. It is often used by buyers.

General conditions for successful negotiation

The awareness of cultural differences and stereotypes that can affect the perception and behavior of both parties.
The identification of the motivations, needs, preferences and values of both parties.
The anticipation of the possible attitudes, reactions and responses of both parties.
The selection of the appropriate tactics according to the situation and the objectives.
The demonstration of openness, patience, humility, discernment, control and flexibility.

How to make and manage concessions

Obstacles, impasses, concessions, obstacles and impasses are inevitable parts of any negotiation process. How negotiators handle them can make or break the outcome of the deal. Hereafter some practical tips and guidelines on how to deal with these challenges effectively.

Concessions are:

A trade-off: Negotiators should never give up something without getting something in return. Especially, they should avoid making premature or unreciprocated concessions that can weaken their position.
A timing issue: Negotiators should never make a concession after showing their strength or leverage. This can signal weakness or desperation and invite more demands from the other party.
A face-saving issue: Negotiators should plan for minimal concessions that can allow the other party to save face and maintain their dignity. They should also appreciate the value of the concession for the other party, not for themselves.
A commitment issue: Negotiators should not go back on a concession once they have made it. This can create procedural and cultural problems and damage the trust and rapport between the parties.

Obstacles and impasses are:

A psychological issue: Negotiators should keep calm and resilient when faced with obstacles or impasses. They should maintain some form of contact with the other party and discourage them from adopting a negative or hostile attitude.
A strategic issue: Negotiators should request an informal break or suspension to regroup and reassess the situation. They should determine the causes of the obstacle or impasse, which can vary depending on the context and the parties involved. They should also consider whether they are part of the problem or not.
A constructive issue: Negotiators should view obstacles and impasses as potentially constructive opportunities to improve the quality and durability of the agreement. They should respond to conflict escalation with cooperative escalation without hitting rock bottom.
A creative issue: Negotiators should make a general recap with an overall interim report to summarize the progress and the remaining issues. They should provide new information or perspectives that can help break the deadlock. They should also put aside the source of the obstacle or impasse and focus on other points that can be resolved more easily.
A deadline issue: Negotiators should set a short deadline to resolve obstacles and impasses and conclude the negotiation. This can create a sense of urgency and motivation for both parties to reach an agreement.
A third-party issue: Negotiators should invite an expert, mediator, arbitrator or other neutral third party to help them overcome obstacles or impasses. This can provide an objective and credible source of information, advice or decision.
A team issue: Negotiators should change the composition of their delegation compared to their counterpart. They should use different roles and styles (hard, courteous, friendly) to create variety and flexibility.

To sum up

A confirmation issue: Negotiators should faithfully reformulate everything that has been said and agreed upon. They should lock in the commitments made by both parties and clarify any ambiguities or uncertainties.
A drafting issue: Negotiators should proceed to the drafting phase of the contract. They should ensure that the contract reflects accurately and completely the terms and conditions of the agreement.
A caution issue: Negotiators should watch out for last-minute pitfalls that can jeopardize the deal. These can include twists, additions, modifications or renegations by either party.

The importance of procedures

An organizational issue: Negotiators should choose carefully the time, duration, location, facilities, materials and logistics of the negotiation. They should ensure that these factors are conducive to a productive and positive negotiation environment.
A procedural issue: Negotiators should agree on an agenda that outlines the topics, objectives and expectations of the negotiation. They should also provide for breaks, suspensions, feedback mechanisms and other procedural rules that can facilitate the negotiation process.
A representational issue: Negotiators should select their delegation members according to their roles, skills, authority and influence. They should also identify who are the decision-makers, agents, lawyers, observers or other stakeholders involved in the negotiation.

“The most difficult thing in any negotiation, almost, is making sure that you strip it of the emotion and deal with the facts.”
Howard Baker