Legal Law

Negotiation skills and the 10 powers of negotiation: a magical window

The 10 powers of negotiation…

During his historic negotiations with the South African apartheid government, Nelson Mandela displayed his profound negotiating skills, moral authority, and remarkable courage in resisting the intimidation, authority, and sheer arrogance of those he confronted. Researching those historical negotiations and his abilities for my book, Spotting the Scam: Nelson Mandela’s GiftI identified ten beacons of knowledge or negotiating “powers” that I had mastered. I called them “The 10 Bargaining Powers.”

Looking back on a career that spanned more than 30 years negotiating deals around the world, I was intrigued by how a negotiator’s approach to these Powers often mirrored their approach to business, in particular, and life, in general. This is why I have often described the negotiation process as a “magic window.” Check it out and you may be able to see how the other party is likely to treat you in their negotiations once the deal is closed.

So what are these 10 powers that offer you this magical window?

  • The power to understand a negotiation is a process;
  • The power of preparation;
  • The power of positioning;
  • The power of common sense and logic;
  • The power of dignity, sympathy, humility and humor;
  • The power of truth and justice;
  • The power of observation – to hear and see;
  • The power of morality, courage and attitude;
  • The power of patience; and
  • the power ofwalk away.

Something about a negotiation you can take to the bank…

This may sound a bit cynical, but in my experience, whether you’re looking at a deal or anything else, most people are never on their best behavior when they want something from you. Consider this, therefore: In a negotiation, people invariably want something from you. So if they behave unreasonably or unfairly in a negotiation, or if they haven’t done their homework and aren’t professional, or if they seem to be pushing ethical boundaries, or if they just have a bad attitude, my experience is that you may not expect nothing better from them after the negotiation is over, once they have what they want. However, the reverse is also true: if they behave reasonably and professionally in a spirit of collaboration during the negotiation, there is a reasonable chance that they will act the same way after the ink on their agreement is dry.

It is in this sense that a negotiation is a magical window into the future, for both parties…

Consider helping the other side…

If you feel so inclined, you may want to consider helping the other party out and, in the process, giving your negotiation a firm footing from which to start.

One approach I have used over the years is to start a negotiation by explaining to the other side this concept that a negotiation is a magical window into the future. Indeed, I invite you to show us what it would be like to do business with them once we have reached an agreement. I will then reveal to you how we intend to approach the negotiation process:

“We won’t ask you for anything that, if our roles were reversed, we wouldn’t be prepared to accept ourselves. While it would obviously be nice if you used the same approach, you don’t have to. If you’re going to approach the negotiation differently than requiring us to accept provisions that you would never accept in our position, we will challenge you to explain why you think your positions are reasonable. And without trust, this will make closing a deal quite difficult.”

And if from then on they still ask us for something that isn’t reasonable, and if they can’t explain why they think it’s reasonable, we have to look reality in the eye: in all likelihood we’re dealing with someone who isn’t straight. Shooting…

Remember that the magic mirror is a two-way mirror…

We would do well to remember that just as we are looking to the other side through our magical window for signs of how we might be treated after closing a deal, they are also looking to us through that same window.

Our goal, therefore, should be to present ourselves as professionals who have prepared well for the process and who are reasonable. We must show that we understand their position and the problems they need to solve. We must show common sense, logic and common sense and a willingness to work together to come up with solutions that solve their problems. Our attitude should reflect our humility and our sense of morality, ethics and justice. And, if we can do this without taking ourselves too seriously, we may well demonstrate to the other party that doing business with us in the future will be a pleasure and might even justify them offering us the concessions we are asking for.

Applying the 10 Powers…

How we specifically apply the 10 Powers of Negotiation is to understand that a negotiation is neither a battle nor a war. Instead, it is a multilayered and nuanced problem-solving process that requires both parties to understand the issues they are facing and that they both need to resolve.

To apply the 10 powers, therefore, it will be necessary that we can walk and chew gum at the same time and that we have more than one thought in our heads. Unless we can do this, we are in for a tough time as we face a skilled negotiator. Clearly, unless we have the ability to collaborate and unless we are problem solvers, we are faced with the unfortunate prospect of having to push a very heavy rock up a fairly steep hill. More on that in future articles…

But, while preparing for it, we must never lose sight of that magical window, through which we must always look with great interest.

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