negotiation closing techniques

Dear Negotiation Coach: Which Negotiation Closing Techniques Will Get Me To The Finish Line?

Before you jump into your negotiation closing techniques, be sure you're including your counterpart in the decision making.

When it seems we are on the cusp of closing a deal, we sometimes overlook the fact that there are still a number of important issues to address. Before rushing to a conclusion that your counterpart might not be ready for, consider one of the best closing negotiation techniques: taking a step back. We spoke with Michael Wheeler, Professor of Management Practice (Retired) at Harvard Business School to answer a reader’s question about the final steps of a deal.

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Q: I work for a company that develops custom software to help large facilities maximize their energy efficiency. I’m close to finalizing a deal with a company that would be our biggest customer to date. It’s taken six months, but together we’ve crafted a design that will meet the customer’s unique needs. Now we just have to iron out the scope and pricing of post-installation service. We’ve used Skype and a secure data-exchange service for all our discussions. One of my colleagues has urged me to conduct this final phase of the negotiation face-to-face, but I’m not eager to travel cross-country if it’s not necessary. We are a tech company, after all. More important, I don’t want it to look like we’re desperate. Should I consider changing the closing negotiation techniques even though it’s gone very well so far?

MW: Since this is a big customer, you’re smart to carefully consider every move you make. But before getting to your specific question about meeting in person or virtually, I encourage you to think more deeply about whether you really are on the verge of closing this deal.

I hope that’s the case, of course, but from this distance, scoping and pricing post-installation service don’t sound like minor issues to me. Your customer may have different expectations about the value of such service (and your costs in providing it). Even if you are near the finish line, there’s a danger in becoming too complacent.

I also wonder whether, as the discussion shifts from technical design to financial matters, you may find yourself negotiating with someone else in the customer’s organization. A money person may have a different outlook than someone in operations. He or she likely will have to be brought up to speed on what you bring to the table.

3 Objectives your closing negotiation techniques need to include

With these concerns in mind, this strikes me as a good time for you to initiate a process check with your counterpart. You should have three objectives:

  1. Mutually confirming the progress you’ve already made and communicating shared enthusiasm for concluding a deal.
  2. Achieving clarity about whether anyone else on either side is needed to bless the deal (and therefore should be involved in discussions).
  3. Reaching agreement on the process going forward, including whether Skype is fine or a visit on your part would be helpful.

Treat the choice about a Skype or an in-person meeting as one where you and your potential customer have aligned interests. You both want clear communication, and you both are seeking a productive, ongoing relationship.

“Our Skype discussions have gone fine,” you might say, “but if you have colleagues that I should meet or if you’d prefer to meet in person yourself, I can squeeze in a trip. Your facility sounds great. I’d love to see it.”

Such a statement is one of the closing negotiation techniques that might let you have it both ways: You’d get to express good will but not have to board an airplane. What if the customer would prefer to see you in person? If that would increase the odds of closing the deal or getting better terms, even on the margin, then go ahead and book your flight.

The broader question of where to negotiate depends on the circumstances. In some cases, traveling might be misinterpreted as a sign of weakness, but in other situations, it’s in your interest to put the customer at ease. In addition, making the trip could give you a better understanding of the other organization’s culture and who really calls the shots. This type of information might spell the difference between impasse and agreement.

These tactical choices are important in negotiation, but always remember to step back and consider them in a strategic context. Sometimes the best closing negotiation techniques are those you let go of. Instead, you may get more from process decisions that the parties make jointly, and this sounds like such a case.

What experiences have you had where your typical closing negotiation techniques don’t apply?

 

Dear Negotiation Coach: Close to the finish line? Take a step back

Q: I work for a company that develops custom software to help large facilities maximize their energy efficiency. I’m close to finalizing a deal with a company that would be our biggest customer to date. It’s taken six months, but together we’ve crafted a design that will meet the customer’s unique needs. Now we just have to iron out the scope and pricing of post-installation service. We’ve used Skype and a secure data-exchange service for all our discussions. One of my colleagues has urged me to conduct this final phase of the negotiation face-to-face, but I’m not eager to travel cross-country if it’s not necessary. We are a tech company, after all. More important, I don’t want it to look like we’re desperate. Should I consider changing the process even though it’s gone very well so far?

A: Since this is a big customer, you’re smart to carefully consider every move you make. But before getting to your specific question about meeting in person or virtually, I encourage you to think more deeply about whether you really are on the verge of closing this deal.

I hope that’s the case, of course, but from this distance, scoping and pricing post-installation service don’t sound like minor issues to me. Your customer may have different expectations about the value of such service (and your costs in providing it). Even if you are near the finish line, there’s a danger in becoming too complacent.

I also wonder whether, as the discussion shifts from technical design to financial matters, you may find yourself negotiating with someone else in the customer’s organization. A money person may have a different outlook than someone in operations. He or she likely will have to be brought up to speed on what you bring to the table.

With these concerns in mind, this strikes me as a good time for you to initiate a process check with your counterpart. You should have three objectives:
1. Mutually confirming the progress you’ve already made and communicating shared enthusiasm for concluding a deal.
2. Achieving clarity about whether anyone else on either side is needed to bless the deal (and therefore should be involved in discussions).
3. Reaching agreement on the process going forward, including whether Skype is fine or a visit on your part would be helpful.

Treat the choice about a Skype or an in-person meeting as one where you and your potential customer have aligned interests. You both want clear communication, and you both are seeking a productive, ongoing relationship.

“Our Skype discussions have gone fine,” you might say, “but if you have colleagues that I should meet or if you’d prefer to meet in person yourself, I can squeeze in a trip. Your facility sounds great. I’d love to see it.”

Such a statement might let you have it both ways: You’d get to express good will but not have to board an airplane. What if the customer would prefer to see you in person? If that would increase the odds of closing the deal or getting better terms, even on the margin, then go ahead and book your flight.

The broader question of where to negotiate depends on the circumstances. In some cases, traveling might be misinterpreted as a sign of weakness, but in other situations, it’s in your interest to put the customer at ease. In addition, making the trip could give you a better understanding of the other organization’s culture and who really calls the shots. This type of information might spell the difference between impasse and agreement.

These tactical choices are important in negotiation, but always remember to step back and consider them in a strategic context. Sometimes the best process decisions are those that the parties make jointly, and this sounds like such a case.

Michael Wheeler
Class of 1952 Professor of Management Practice
Harvard Business School

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Negotiation research you can use: To discourage deception, try these 12 moves

In negotiation, deception can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can’t keep.

Unfortunately, most of us are very poor lie detectors. Even professionals who encounter liars regularly, such as police officers and judges, perform not much better than chance at detecting deception, Professor Paul Ekman of the University of California at San Francisco has found. That’s in part because the most common signs of deception, such as increased blinking and grammatical errors, tend to be quite subtle. In addition, there is often no way of determining with certainty whether a counterpart’s particular claim is true or not.

If we can’t count on being able to detect lies, a more fruitful approach may be to find ways to discourage our fellow negotiators from lying in the first place.

In a new study, Professor Denise Fleck of the COPPEAD Graduate School of Business in Brazil and her colleagues proposed 12 moves that, some evidence suggests, could ward off deceptive acts in negotiation. These moves flag both the short- and long-term risks that unethical behavior poses to the negotiator’s goals and to the relationship. Some of the moves highlight potential benefits of behaving ethically; others emphasize potential losses incurred by dishonesty.

Here are the 12 moves:

  1. Assure your counterpart that he will meet his goals.
  2. Convince your counterpart that he is making progress.
  3. Point out how your goals and your counterpart’s are linked.
  4. Suggest that your counterpart has limited alternatives to the current deal.
  5. Imply that you have strong outside alternatives.
  6. Point out shared social identities (age, job history, marital status, etc.).
  7. Encourage your counterpart to identify with an ethical organization, such as his trade group.
  8. Note your connections to your counterpart’s social network.
  9. Suggest long-term business opportunities you might offer.
  10. Remind your counterpart of the legal implications of unethical behavior.
  11. Mention the prospect of future personal or social support.
  12. Propose becoming a gateway to valued social or business networks.

How effective is each move at curbing deception? That may remain to be seen. In a lab experiment that was part of their study, Fleck and her team found that when participants used these moves in their negotiations, they did so too late in the game to effectively deter deception and, moreover, sometimes combined them with their own unethical behavior. Thus, further research is needed to test the effectiveness of these moves. However, it does seem likely that by using these strategies proactively throughout the negotiation process—and by holding yourself to your own high ethical standards—you may be able to promote more honest behavior from your counterpart.

Resource: “Neutralizing Unethical Negotiating Tactics: An Empirical Investigation of Approach Selection and Effectiveness,” by Denise Fleck, Roger Volkema, Sergio Pereira, Barbara Levy, and Lara Vaccari. Negotiation Journal, January 2014.

Book Notes: Make the most of feedback in your negotiations

It’s time to negotiate a promotion, but whether you meet that goal will depend on how your latest performance evaluation unfolds. You’re trying to improve your relationship, but you don’t like the advice you’re getting from your therapist. Your newest client seems satisfied overall, but he finds something trivial to criticize whenever the two of you speak.

Feedback: It’s everywhere, especially in our negotiations, yet few of us are adequately prepared to receive it and, when warranted, act on it. That’s the message of Thanks for the Feedback: The Science and Art of Receiving Feedback Well (Even When It Is Off Base, Unfair, Poorly Delivered, and, Frankly, You’re Not in the Mood) (Viking, 2014), a new book by Harvard Law School lecturers Douglas Stone and Sheila Heen.

Accepting the reams of feedback that come our way is challenging. That’s partly because feedback is often flawed (see the book’s subtitle). It’s also because feedback lies at the intersection of two great needs, according to Stone and Heen: Our drive to learn and our longing for acceptance. Even badly expressed feedback often contains nuggets of wisdom, yet the desire to be perceived and to perceive ourselves as competent and capable leads us to overlook them. That’s a shame, because those who not only accept feedback but also actively seek it out are more satisfied with their jobs, more creative, and adapt better to their roles than those who do not, research shows.

In Thanks for the Feedback, Stone and Heen offer several strategies that can improve our response to feedback and help us identify and implement the best of the advice and “constructive criticism” we receive. These include identifying our blind spots (those idiosyncrasies that others notice and we don’t), staying on topic even when feedback makes us feel insecure, and identifying any deeper problem that may lie at the root of the message.

Cultivate a growth identity
One important step in the process of becoming more accepting of feedback is to cultivate a “growth identity”— that is, moving from viewing our traits as fixed aspects of who we are toward viewing ourselves as capable of growth and change.

Three practices can help point us in this direction:

1. Adopt a coaching frame. If a supervisor asks you to try a new approach to a task, you could hear implicit criticism in the advice (“You’ve been doing it wrong”) or you could take it as nonjudgmental coaching (“I wanted to share this method because it’s worked great for me”). When you make a conscious effort to view feedback as coaching, you improve your ability to adapt.

2. Unpack judgment. When feedback is in fact an evaluation of how you’ve done, it can challenge your identity. Breaking this type of feedback down into three basic parts can help you determine which aspects you need to discuss further: assessment (how you rate or rank), consequences (how your behavior will affect what could or will happen next), and judgment (both your and the feedback giver’s view of how you performed).

3. Give yourself a “second score.” Negative evaluations and their consequences can be devastating: You don’t get the promotion, your relationship unravels, you lose the client. In the midst of failure, give yourself a second score based on how well you handled the first one. “Even when you get an F for the situation itself, you can still earn an A+ for how you deal with it,” write Stone and Heen. Strive to make learning from the past—and getting a good second score—a part of your identity.

Book Notes: Make the most of feedback in your negotiations

It’s time to negotiate a promotion, but whether you meet that goal will depend on how your latest performance evaluation unfolds. You’re trying to improve your relationship, but you don’t like the advice you’re getting from your therapist. Your newest client seems satisfied overall, but he finds something trivial to criticize whenever the two of you speak.

Feedback: It’s everywhere, especially in our negotiations, yet few of us are adequately prepared to receive it and, when warranted, act on it. That’s the message of Thanks for the Feedback: The Science and Art of Receiving Feedback Well (Even When It Is Off Base, Unfair, Poorly Delivered, and, Frankly, You’re Not in the Mood) (Viking, 2014), a new book by Harvard Law School lecturers Douglas Stone and Sheila Heen.

Accepting the reams of feedback that come our way is challenging. That’s partly because feedback is often flawed (see the book’s subtitle). It’s also because feedback lies at the intersection of two great needs, according to Stone and Heen: Our drive to learn and our longing for acceptance. Even badly expressed feedback often contains nuggets of wisdom, yet the desire to be perceived and to perceive ourselves as competent and capable leads us to overlook them. That’s a shame, because those who not only accept feedback but also actively seek it out are more satisfied with their jobs, more creative, and adapt better to their roles than those who do not, research shows.

In Thanks for the Feedback, Stone and Heen offer several strategies that can improve our response to feedback and help us identify and implement the best of the advice and “constructive criticism” we receive. These include identifying our blind spots (those idiosyncrasies that others notice and we don’t), staying on topic even when feedback makes us feel insecure, and identifying any deeper problem that may lie at the root of the message.

Cultivate a growth identity
One important step in the process of becoming more accepting of feedback is to cultivate a “growth identity”— that is, moving from viewing our traits as fixed aspects of who we are toward viewing ourselves as capable of growth and change.

Three practices can help point us in this direction:

1. Adopt a coaching frame. If a supervisor asks you to try a new approach to a task, you could hear implicit criticism in the advice (“You’ve been doing it wrong”) or you could take it as nonjudgmental coaching (“I wanted to share this method because it’s worked great for me”). When you make a conscious effort to view feedback as coaching, you improve your ability to adapt.

2. Unpack judgment. When feedback is in fact an evaluation of how you’ve done, it can challenge your identity. Breaking this type of feedback down into three basic parts can help you determine which aspects you need to discuss further: assessment (how you rate or rank), consequences (how your behavior will affect what could or will happen next), and judgment (both your and the feedback giver’s view of how you performed).

3. Give yourself a “second score.” Negative evaluations and their consequences can be devastating: You don’t get the promotion, your relationship unravels, you lose the client. In the midst of failure, give yourself a second score based on how well you handled the first one. “Even when you get an F for the situation itself, you can still earn an A+ for how you deal with it,” write Stone and Heen. Strive to make learning from the past—and getting a good second score—a part of your identity.

Is your negotiating style holding you back?

A balance between assertiveness and empathy will improve your results.

The story, related by an anonymous job candidate on a blog called the Philosophy Smoker, went viral. According to the job candidate, referred to only as “W,” the philosophy department of Nazareth College, a small liberal-arts college in Rochester, New York, offered her a tenure-track position following a round of interviews. W said she responded by expressing enthusiasm about the job and then attempting to negotiate a better offer.

Specifically, she sent the following five requests in an e-mail to Nazareth:

1. An increase in my starting salary to $65,000, which is more in line with what assistant professors in philosophy have been getting in the last few years.
2. An official semester of maternity leave.
3. A pre-tenure sabbatical at some point during the bottom half of my tenure clock.
4. No more than three new class preps per year for the first three years.
5. A start date of academic year 2015 so I can complete my [postdoctoral fellowship].

To W’s shock, Nazareth allegedly responded not by rejecting her requests or continuing the negotiation but by rescinding the job offer entirely. The college reportedly told W that her requests indicated “an interest in teaching at a research university and not at a college, like ours, that is both teaching and student centered.”

“This is how I thought negotiation worked,” a dismayed W told the Philosophy Smoker. “You ask for a number of perks and maybe get some of them.” She said that she had expected to get few, if any, of these perks but added, “I just thought there was no harm in asking.”

The story flew across the Internet, attracting vociferous debate. Some commenters speculated that Nazareth would have negotiated with W if she were a man—that she had experienced a backlash as a woman who asked for more, a phenomenon identified in negotiation research. Others said that W had been foolish to think she had any negotiating power in the cutthroat academic job market.

Nazareth refused to comment on the story, so we don’t know whether gender bias was a factor. It is clear, however, that W’s e-mail displayed novice negotiating skills. Her message conveyed a competitive approach to negotiation that showed little empathy for the other side’s concerns.

Empathy and assertiveness
In negotiation, a fundamental challenge is to strike an effective balance between empathy and assertiveness, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in Deals and Disputes (Belknap, 2000).

Empathy involves effectively understanding your counterpart’s perspective and expressing his viewpoint in a nonjudgmental manner. Assertiveness is the ability to express and advocate for your own needs, interests, and perspectives.

Combining assertiveness and empathy is smart for numerous reasons, explain Mnookin and his colleagues. Assertiveness often helps us get more of what we want, and it contributes to value creation when both sides directly express their interests. Assertive behavior also helps us confront conflict as it arises, rather than allowing it to fester, and improves our overall satisfaction, thanks to the pride we feel when we advocate on our own behalf.

By empathizing with our counterparts, we can reach a better understanding of their interests and increase our odds of finding possibilities for tradeoffs that will benefit both parties. Empathy also allows us to avoid jumping to false conclusions about our counterparts’ interests and motivations. In addition, empathy facilitates trust and information sharing by conveying concern and respect.

Viewed through this lens, W’s email was assertive but lacking in empathy. She asserted her own preferences but failed to express concern for how these preferences might affect Nazareth. Nor did she suggest tradeoffs that might alleviate any burden imposed by her requests. She also failed to explain why she wanted limits on her teaching of new courses and an early-career sabbatical.

If W’s account is accurate, Nazareth might be criticized for failing to empathize with her. Rather than exploring the motives behind her requests, the decision makers made an educated guess, namely that she actually wanted to work for a research university. In fact, W told the Philosophy Smoker, she was excited about working at a school with a heavy teaching load. She said she had asked for limitations on teaching new courses to not only make room for her research but also ensure that her teaching would be of high quality.

Overall, the exchange demonstrates how lack of empathy can become a vicious cycle in negotiation that can lead to mistrust and even impasse.

Strike a better balance
There are several steps we can take to ensure that we balance empathy with assertiveness in our negotiations. During the preparation stage, we can begin by assessing our approach to conflict, as described in the sidebar. Could the negotiation ahead trigger within us a tendency toward competition, accommodation, or avoidance?

At the table, negotiators can use various strategies to encourage all parties involved to both empathize and assert, write Mnookin and his coauthors. Here are three of them:

1. Let them talk first.
Though it’s tempting to have the first word, asking your counterpart to present her view before you do can be a wise negotiating strategy. “Many people cannot listen at all until they’ve blown off steam,” write Mnookin, Peppet, and Tulumello. “Give them plenty of time. Let them run of out of gas.”

At this stage (before you’ve had your own turn to talk), listen without judgment, but make it clear that your understanding does not necessarily indicate agreement. For example, in response to the question “Don’t you think that’s right?” you might say, “I’m not sure yet, but I want to hear more about how you see things.” When your counterpart is done presenting her viewpoint, restate what you have heard and ask her to correct any misunderstandings.

Letting the other party speak first not only gives you a stronger understanding of her views but also increases the odds that she will listen when it’s your turn to talk. And through active listening, you “gain a chance to demonstrate what empathy looks like in a negotiation,” according to the authors of Beyond Winning.

2. Tell your story.
W’s decision to communicate her requests in a single e-mail likely worked against her. A better choice would have been to pick up the phone and start a dialogue about whether particular aspects of the job offer were negotiable and how both sides might benefit from adjustments.

As part of your negotiation preparation, you can ready yourself for the assertive component of negotiation by practicing your story—that is, saying out loud what you want, why, and how you can help the other side meet their needs. Revise and rehearse your story until you think it is strong and persuasive. Then make a list of your key points so that you will be able to recall them when the negotiation begins.

After your counterpart has had his say, it’s your turn to lay out your story. When you have finished, check to make sure that your message is coming across accurately. For instance, you might say, “Just to make sure I’m expressing myself well, would you mind telling me what you heard me say?” Doing so will allow you to identify and discuss any misperceptions that have arisen.

3. When necessary, change the game.
When conflict arises or the negotiation seems to be going nowhere, think about whether either or both of you is falling back on an unconstructive negotiating style—competing, accommodating, or avoiding. Have you been trying too hard to control the agenda? Are you stuck in a destructive pattern, with one party pushing hard and the other being too accommodating? Are you both avoiding the heart of the matter?

When a negotiation isn’t going well, you should be able to change the game by behaving more empathically or assertively. “I’m realizing I’ve been doing all the talking, and I’ve lost track of your message,” you might say. Or if you feel you’re being steamrolled, you could say, “If you don’t mind, I’d like to take a few minutes to clarify my interests on this issue because it seems like I haven’t communicated them clearly.” By changing the game in this manner, you should be able to restore balance and regain a problem-solving focus.

How will you deal with conflict?

Rather than both empathizing and asserting, people often respond to any conflict that arises in negotiation in one of three suboptimal ways, write Mnookin, Peppet, and Tulumello in their book Beyond Winning:

  • Competing.
    1. Relishing the prospect of “victory,” competitive negotiators typically seek to control the negotiating agenda and frame the issues at stake. Competitors are often reluctant to back down from their ambitious stances, and they fail to explore their counterparts’ interests. Though competitors may succeed in claiming the lion’s share of value, their hard-bargaining style also increases the risk of damaged relationships and stalemates.

 

    1. Accommodating. Exuding compassion and concern, accommodators strive to smooth out differences with their counterparts at the expense of their own needs. These empathic negotiators are often rewarded for their efforts with strong, trusting relationships. However, their focus on interpersonal issues may prevent them from claiming and creating value. They may also be exploited by negotiators who try to extract concessions by threatening to disrupt or end the relationship.

 

    1. Avoiding. Displaying little empathy or assertiveness, avoiders disengage when faced with disagreement, viewing conflict as unproductive. When asked to focus on solutions, they come across as detached. Though it’s true that conflict does sometimes go away on its own, avoiders often make the mistake of abandoning opportunities to create joint gains and end up feeling misunderstood and unhappy with their outcomes.

Rather than always adhering to one of these styles, most of us switch among them depending on the situation. By thinking about how we are likely to respond in a particular context, we can begin to replace our unproductive negotiating strategies with more rewarding ones.

Is your negotiating style holding you back?

A balance between assertiveness and empathy will improve your results.

The story, related by an anonymous job candidate on a blog called the Philosophy Smoker, went viral. According to the job candidate, referred to only as “W,” the philosophy department of Nazareth College, a small liberal-arts college in Rochester, New York, offered her a tenure-track position following a round of interviews. W said she responded by expressing enthusiasm about the job and then attempting to negotiate a better offer.

Specifically, she sent the following five requests in an e-mail to Nazareth:

1. An increase in my starting salary to $65,000, which is more in line with what assistant professors in philosophy have been getting in the last few years.
2. An official semester of maternity leave.
3. A pre-tenure sabbatical at some point during the bottom half of my tenure clock.
4. No more than three new class preps per year for the first three years.
5. A start date of academic year 2015 so I can complete my [postdoctoral fellowship].

To W’s shock, Nazareth allegedly responded not by rejecting her requests or continuing the negotiation but by rescinding the job offer entirely. The college reportedly told W that her requests indicated “an interest in teaching at a research university and not at a college, like ours, that is both teaching and student centered.”

“This is how I thought negotiation worked,” a dismayed W told the Philosophy Smoker. “You ask for a number of perks and maybe get some of them.” She said that she had expected to get few, if any, of these perks but added, “I just thought there was no harm in asking.”

The story flew across the Internet, attracting vociferous debate. Some commenters speculated that Nazareth would have negotiated with W if she were a man—that she had experienced a backlash as a woman who asked for more, a phenomenon identified in negotiation research. Others said that W had been foolish to think she had any negotiating power in the cutthroat academic job market.

Nazareth refused to comment on the story, so we don’t know whether gender bias was a factor. It is clear, however, that W’s e-mail displayed novice negotiating skills. Her message conveyed a competitive approach to negotiation that showed little empathy for the other side’s concerns.

Empathy and assertiveness
In negotiation, a fundamental challenge is to strike an effective balance between empathy and assertiveness, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in Deals and Disputes (Belknap, 2000).

Empathy involves effectively understanding your counterpart’s perspective and expressing his viewpoint in a nonjudgmental manner. Assertiveness is the ability to express and advocate for your own needs, interests, and perspectives.

Combining assertiveness and empathy is smart for numerous reasons, explain Mnookin and his colleagues. Assertiveness often helps us get more of what we want, and it contributes to value creation when both sides directly express their interests. Assertive behavior also helps us confront conflict as it arises, rather than allowing it to fester, and improves our overall satisfaction, thanks to the pride we feel when we advocate on our own behalf.

By empathizing with our counterparts, we can reach a better understanding of their interests and increase our odds of finding possibilities for tradeoffs that will benefit both parties. Empathy also allows us to avoid jumping to false conclusions about our counterparts’ interests and motivations. In addition, empathy facilitates trust and information sharing by conveying concern and respect.

Viewed through this lens, W’s email was assertive but lacking in empathy. She asserted her own preferences but failed to express concern for how these preferences might affect Nazareth. Nor did she suggest tradeoffs that might alleviate any burden imposed by her requests. She also failed to explain why she wanted limits on her teaching of new courses and an early-career sabbatical.

If W’s account is accurate, Nazareth might be criticized for failing to empathize with her. Rather than exploring the motives behind her requests, the decision makers made an educated guess, namely that she actually wanted to work for a research university. In fact, W told the Philosophy Smoker, she was excited about working at a school with a heavy teaching load. She said she had asked for limitations on teaching new courses to not only make room for her research but also ensure that her teaching would be of high quality.

Overall, the exchange demonstrates how lack of empathy can become a vicious cycle in negotiation that can lead to mistrust and even impasse.

Strike a better balance
There are several steps we can take to ensure that we balance empathy with assertiveness in our negotiations. During the preparation stage, we can begin by assessing our approach to conflict, as described in the sidebar. Could the negotiation ahead trigger within us a tendency toward competition, accommodation, or avoidance?

At the table, negotiators can use various strategies to encourage all parties involved to both empathize and assert, write Mnookin and his coauthors. Here are three of them:

1. Let them talk first.
Though it’s tempting to have the first word, asking your counterpart to present her view before you do can be a wise negotiating strategy. “Many people cannot listen at all until they’ve blown off steam,” write Mnookin, Peppet, and Tulumello. “Give them plenty of time. Let them run of out of gas.”

At this stage (before you’ve had your own turn to talk), listen without judgment, but make it clear that your understanding does not necessarily indicate agreement. For example, in response to the question “Don’t you think that’s right?” you might say, “I’m not sure yet, but I want to hear more about how you see things.” When your counterpart is done presenting her viewpoint, restate what you have heard and ask her to correct any misunderstandings.

Letting the other party speak first not only gives you a stronger understanding of her views but also increases the odds that she will listen when it’s your turn to talk. And through active listening, you “gain a chance to demonstrate what empathy looks like in a negotiation,” according to the authors of Beyond Winning.

2. Tell your story.
W’s decision to communicate her requests in a single e-mail likely worked against her. A better choice would have been to pick up the phone and start a dialogue about whether particular aspects of the job offer were negotiable and how both sides might benefit from adjustments.

As part of your negotiation preparation, you can ready yourself for the assertive component of negotiation by practicing your story—that is, saying out loud what you want, why, and how you can help the other side meet their needs. Revise and rehearse your story until you think it is strong and persuasive. Then make a list of your key points so that you will be able to recall them when the negotiation begins.

After your counterpart has had his say, it’s your turn to lay out your story. When you have finished, check to make sure that your message is coming across accurately. For instance, you might say, “Just to make sure I’m expressing myself well, would you mind telling me what you heard me say?” Doing so will allow you to identify and discuss any misperceptions that have arisen.

3. When necessary, change the game.
When conflict arises or the negotiation seems to be going nowhere, think about whether either or both of you is falling back on an unconstructive negotiating style—competing, accommodating, or avoiding. Have you been trying too hard to control the agenda? Are you stuck in a destructive pattern, with one party pushing hard and the other being too accommodating? Are you both avoiding the heart of the matter?

When a negotiation isn’t going well, you should be able to change the game by behaving more empathically or assertively. “I’m realizing I’ve been doing all the talking, and I’ve lost track of your message,” you might say. Or if you feel you’re being steamrolled, you could say, “If you don’t mind, I’d like to take a few minutes to clarify my interests on this issue because it seems like I haven’t communicated them clearly.” By changing the game in this manner, you should be able to restore balance and regain a problem-solving focus.

How will you deal with conflict?

Rather than both empathizing and asserting, people often respond to any conflict that arises in negotiation in one of three suboptimal ways, write Mnookin, Peppet, and Tulumello in their book Beyond Winning:

  • Competing.
    1. Relishing the prospect of “victory,” competitive negotiators typically seek to control the negotiating agenda and frame the issues at stake. Competitors are often reluctant to back down from their ambitious stances, and they fail to explore their counterparts’ interests. Though competitors may succeed in claiming the lion’s share of value, their hard-bargaining style also increases the risk of damaged relationships and stalemates.

 

    1. Accommodating. Exuding compassion and concern, accommodators strive to smooth out differences with their counterparts at the expense of their own needs. These empathic negotiators are often rewarded for their efforts with strong, trusting relationships. However, their focus on interpersonal issues may prevent them from claiming and creating value. They may also be exploited by negotiators who try to extract concessions by threatening to disrupt or end the relationship.

 

    1. Avoiding. Displaying little empathy or assertiveness, avoiders disengage when faced with disagreement, viewing conflict as unproductive. When asked to focus on solutions, they come across as detached. Though it’s true that conflict does sometimes go away on its own, avoiders often make the mistake of abandoning opportunities to create joint gains and end up feeling misunderstood and unhappy with their outcomes.

Rather than always adhering to one of these styles, most of us switch among them depending on the situation. By thinking about how we are likely to respond in a particular context, we can begin to replace our unproductive negotiating strategies with more rewarding ones.

Launch more productive cross-cultural negotiations

Concerns about dignity, face-saving, and honor can derail negotiations conducted between cultures. Prepare to avoid misunderstandings and identify shared concerns.

On February 28, Russian troops swarmed into Crimea following violent clashes between protestors and police in Kiev, Ukraine, and Ukrainian president Viktor Yanukovych’s abrupt departure from the country. Urging Russian president Vladimir Putin to retreat, Western leaders desperately searched for a way to help him “save face.” It was a daunting task. Having made an incursion into a foreign land, Putin, they understood, would view retreat as a humiliating option for Russia.

Indeed, some observers viewed the humiliation that Russia experienced as the Soviet Union dissolved, an event that Putin once described as a “catastrophe,” as the primary reason for his provocative act. Even German chancellor Angela Merkel, who had established a strong rapport with Putin thanks in part to their shared ties to East Germany, was unable to convince him to back down from annexing Crimea. After one of her conversations with Putin, Merkel told U.S. president Barack Obama that Putin seemed to be in “another world.”

A debate arose in Washington, according to the New York Times: Had Putin become mentally unhinged? Or did he merely have a fundamentally divergent view of the world from that of the West, making it extremely difficult for the two sides to find common ground?

Though Merkel’s attempted negotiations with Putin are a high-stakes political case, her frustration hints at the difficulties that can arise even in more straightforward business negotiations conducted across cultures. When negotiators are from different countries or regions, their fundamentally different ways of looking at the world in general, and negotiation in particular, can contribute to conflict and stand in the way of agreement.

A better understanding of cultural differences can improve our ability to understand counterparts from other cultures and work with them more effectively, suggest researchers Soroush Aslani, Jimena Ramirez-Marin, Zhaleh Semnani-Azad, Jeanne M. Brett, and Catherine Tinsley. Specifically, theory and research that categorizes the world’s cultures into three prototypes, namely “dignity,” “face,” and “honor” cultures, can illuminate broad cultural differences in the way we approach negotiation, the team writes in a chapter in the Handbook of Research on Negotiation (Edward Elgar, 2013).

According to anthropologists, cultural differences often spring from our different histories: the varying geographical, political, and economic conditions in which our ancestors found themselves.
In particular, two factors—population density and type of economy—determined whether a region developed a dignity, face, or honor culture. We examine each of these categories in turn and consider how recognizing them might help negotiators reach more satisfying agreements and resolve pressing conflicts.

Dignity cultures:
Independence and trust

Dignity cultures, which include the United States, Canada, and Northern Europe, developed in societies built on agriculture with low population density. The ample availability of farmland turned food production into an individual rather than a collective effort. Consequently, dignity cultures tend to prize independence and free will rather than a reliance on others.

In dignity cultures, people strive to manage conflict rationally and directly while avoiding strong emotional reactions, research finds. Because dignity cultures typically are supported by an effective system of law and strong markets, members tend to trust others automatically and engage in mutually enhancing trades rather than behaving in a selfless, altruistic manner.

This analytic, trusting mind-set leads members of dignity cultures to prefer a collaborative approach to negotiation. They explore one another’s interests and priorities by engaging in questions and answers (Q&A), according to Aslani and his team.

Face cultures:
Cooperation and harmony

Face cultures, found primarily in East Asian societies such as China and Japan, sprang up in agricultural regions with rapidly growing populations that required organized food production, a collective goal facilitated by cooperation and strong central governments. Face cultures have a reputation for social responsibility and great respect for elders and traditions. Cultural norms encourage people to save face and preserve harmony by avoiding direct confrontation, suppressing negative emotions, and deferring to authority.

A lack of trust, which characterizes face cultures, often leads negotiators to take an indirect approach to exploring the other side’s interests. Instead of directly probing their interests through Q&A, as members of dignity cultures tend to do, they take turns making and substantiating offers and judging one another’s reactions. Negotiators from face cultures are just as effective at negotiating joint gains through this exchange of offers as negotiators who rely on Q&A, research shows. Overall, this research suggests that when trust between negotiators is low, you may achieve more by exchanging offers and backing them up than by directly trading information about your priorities and preferences.

Cultural differences often spring from our different histories: the varying geographical, political, and economic conditions of our ancestors.

Interestingly, a 2012 Gallup poll suggested that people from face cultures not only express fewer negative emotions (including stress, anger, and sadness) but also actually experience these emotions less often than members of dignity and honor cultures do. As a consequence, they are less likely to feel intimidated, distracted, or insulted during negotiation than are those from dignity or honor cultures. When those from face cultures do experience and express negative emotions during talks, their typical strategy of learning by exchanging offers becomes less effective, research has found.

Honor cultures:
Close ties and strong emotions

Finally, honor cultures sprang up in regions with herding economies and low population density, including the Middle East, North Africa, Latin America, and parts of southern Europe. Because herds are vulnerable to poaching, they can be difficult to defend. Consequently, traits that promote theft deterrence became prevalent in honor cultures, including a strong defense of oneself and one’s family, reliance on a code of honor, and close family ties. Members tend to view insults and other conflicts as direct challenges to their status and to respond boldly and even aggressively to slights.

Less negotiation research has been conducted on honor cultures than on dignity and face cultures. However, some evidence suggests that people from honor cultures are more susceptible to betrayal aversion—that is, they may be quite reluctant to trust their counterparts for fear of being betrayed. In addition, the results of the Gallup poll mentioned earlier suggest that negotiators from honor cultures in the Middle East and Latin America experience negative emotions such as anger more often than negotiators from the other two cultural prototypes.

Overall, research leads to the conclusion that negotiators from honor cultures may be easily distracted from the cognitive tasks of negotiation by the emotional need to protect their honor in the face of perceived slights. Therefore, it may be particularly important to spend time building trust and managing conflict when negotiating with members of honor cultures.

Looking beyond prototypes
Before we assume that recognizing prototypes is the key to unlocking potential in cross-cultural negotiations, it is critical to note that these are broad generalizations that rarely exist in their purest form in the real world, write Aslani and colleagues.

Most societies are a blend of prototypes, and cultural divisions within a single nation are common. The herding economy and wide-open spaces of the American Southwest, for instance, fostered an honor culture, while the more agricultural regions of the United States tend to resemble dignity cultures. And as technological and economic changes draw us closer together, cultural divisions begin to blur.

Moreover, individuals vary widely in the degree to which they adopt or reject their culture’s norms and ideals. An Egyptian architect, for example, may behave more like an architect from Tokyo or Rome than like a typical Egyptian businessperson.

We are more likely to follow our own culture’s norms in the face of certain triggers, according to Columbia University professor Michael Morris. Limits on our attention, such as those imposed by multitasking and deadlines, can increase our tendency to make culturally based snap judgments. In addition, our cultural barriers to agreement may be especially high when we are negotiating in the midst of a crisis.

Finally, when negotiators from different cultures meet, they may adapt their behavior in an attempt to match their counterpart’s cultural style. A survey by Wendi L. Adair of the University of Waterloo, Canada, for example, found that experienced American and Japanese business negotiators adjusted their negotiating style too far toward the other side’s culture, resulting in confusion and misunderstandings. Ironically, our efforts to understand one another can drive us apart.

Is there a family resemblance?
For all these reasons, it would be a mistake to give great weight to prototypes in our dealings with negotiators from other cultures, lest we begin to view them as stereotypical representatives of their group. A more promising approach would be to consider whether or not our negotiating counterparts share a “family resemblance” with their culture of origin, as we understand it to be.

Sizing up your counterpart’s culture should be just one element of your due diligence, alongside learning about her as an individual and analyzing the specific issues at stake in the negotiation at hand. You can do so by researching your counterpart’s profession, work history, negotiating experience, education, reputation, and areas of expertise both before and during the negotiation.

Returning to Putin, the fact that the West seems largely puzzled by his motives even after years of on-and-off negotiation is striking. “With no meaningful rapport or trust between Obama and Putin, it’s nearly impossible to use high-level phone calls for actual problem solving,” Russia expert Andrew Weiss told the New York Times. “Instead, it looks like we’re mostly posturing and talking past each other.” Though the roots of the crisis are complex, for business negotiators, the conflict suggests that taking time to build rapport before getting down to business can be especially important in cross-cultural negotiations.

The conflict also points to the value of attempting to address negotiators’ deepest concerns throughout cross- cultural talks, when possible. In an interview with CBS News, Obama speculated that Putin had a “deeply held grievance” over the dissolution of the Soviet Union and “a sense that somehow the West has taken advantage of Russia in the past.” Obama went on to say that Putin seemed to be “entirely misreading the West.”

In our own negotiations with people from other cultures, we would be wise to register potential threats to the other party’s dignity, face, and honor, then look for ways to restore trust and rapport. With the same goals in mind, we also have a responsibility to speak up when we ourselves feel slighted.