Table of Contents

1.

2.

What if they are more powerful? ................................................................................................................. 2

1.1.

Protecting yourself and not agreeing to something you don't want ............................................................ 2

1.2.

"Make the most of your assets" ..................................................................................................................................... 2

What if they wont play? .................................................................................................................................. 2

2.1.

3.

4.

Use "Negotiation Jujitsu" ................................................................................................................................................. 2

What if they use dirty tricks? ........................................................................................................................ 3

3.1.

How do you negotiate about the rules of the game ............................................................................................. 3

3.2.

Dirty tricks and the types of tricks used in negotiations ................................................................................... 3

Conclusion ........................................................................................................................................................... 4

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1. What if they are more powerful?

The sixth chapter of the book focusses on the power equations of the negotiation, and describes the
approaches by which risks arising due to weak positions can be mitigated.

1.1.

Protecting yourself and not agreeing to something you don't want

A common mistake of negotiators is to focus too much on a Bottom line. The irony of this approach
is that a bottom line may protect you from accepting a bad agreement, but also may keep you from
inventing solutions and agreeing to wise solutions. Thus, there is a need for an alternate approach.
Knowing your BATNA, and evaluating your options against your BATNA, can make you feel more
secured in negotiations. Further, a "tripwire" point can be established, something which is better than
your BATNA, to help you slow down and resist giving up too much.

1.2.

"Make the most of your assets"

A BATNA can increase your negotiation power. The better your BATNA, the greater your power a
dictum which is true for the other side as well. Thus, it becomes imperative to develop a BATNA, and
also know the other sides BATNA. To further enhance your position, it is advisable to make a list of
your alternative options, factoring in knowledge, time, money, people, connections, etc. These
should be further worked upon to convert them into practical alternatives. The best amongst them
becomes your BATNA.

2. What if they wont play?

2.1.

Use "Negotiation Jujitsu"

If the opponent refuses to use principled negotiations, you should use principled negotiation and
also encourage the other side to do the same. Using "Negotiation Jujitsu" (an oriental martial art
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technique where the attackers blows are deflected), you should recast attacks on you as attacks on
the problem. This should also be backed by your stance of refusal to retaliate on attacks towards
you. Further, it is also advised to consider involving third party to fuse/negate the views of the
opposing parties, which they term a One Text Procedure.
The 5 basic concepts/procedures which need to be applied in this context are:
1. Don't attack positions - look behind them to understand their concerns
2. To ensure transparency and trust, invite criticism and advice from the other side.
3. Recast an attack on you as an attack on the problem.
4. Understand concerns and interests by asking questions. Pause to get answers and understand
underlying issues.
5. Choose words to invite attention/focus towards the problem, and not the people. Eg: Could
I ask a few questions to understand your concerns?, "What's the principle behind your
action?

3. What if they use dirty tricks?

3.1.

How do you negotiate about the rules of the game

The rules of the game can be set to be based on fair standards by

Separating the people from the problem, and inviting the focus onto the problem.

Convincing the other side that fair standards are imperative to reach a consensus on the
problem at hand.

3.2.

Inventing options for mutual gain.

Dirty tricks and the types of tricks used in negotiations

Invariably, aggressive negotiation tactics by the other side result in dirty tricks being played out.
Some of the types of tricks used are:
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Deliberate deception in terms of phony/questionable facts, ambiguous authority in terms of

decision making and authority, questionable commitments given etc. In order to alleviate such
conditions, it is always advisable to do a background study or take out time from the
negotiation to check the facts furnished by the other side. Insisting on reciprocity can also
ensure fair dealings.

Psychological warfare - In terms of stressful situations created by the other side, personal
attacks on you to make you uncomfortable, and Good guy-Bad guy type of approach to
understand your motives better. Such tricks can be better encountered by recognizing that
they are tactics played, either to gain the upper hand or to cover up for some glitches in the
preparation of the other side.
In adverse scenarios, the other side may resort to threats in the form of withdrawals, future
impacts and so on. Such threats can be best dealt with by abstinence from reactionary
responses, questioning the relevance of the threat, and questioning the authority of the
negotiator to issue such threats. They can also be mitigated by looking behind the threat, and
understanding the motive.
In certain other scenarios, positional pressure will be exerted by the other side, in terms of
refusal to negotiate, or by placing extreme demands on the table. Such tactics can be mitigated
by focusing on principles, involving third parties, using logic to negate/defuse the tactic
etc.

4. Conclusion

The book Getting to Yes gives a comprehensive view of the issues involved in negotiations, and gives
us a fresh take on effective processes for fruitful negotiations, by offering proven, step-by-step
strategies.

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