FUNDAMENTAL DIRTY TRICKS Fundamental dirty tricks
Righteous indignation
Examples
Thats ridiculous!, nobody in their right mind would ever agree to that!; often followed by a string of expletives
Comments
Intended to adjust aspiration level of other side You hear it repeatedly in every negotiation (by both sides) Keep emotions in check (the less emotional you behave, the more ridiculous the other sides behaviour appears Designed to lower aspiration level of negotiator The fallacy is that the good cop is trying to help you satisfy the bad cop! Often they never talked to the boss at all Invites you to give up too much information If you concede this point they will probably do it again Refuse to give concessions This correspondence makes it appear that your deal is facing serious competition, or is facing considerable internal resistance This was purposely sent to you, ignore it A very common strategy for universities, as falling back on policies is a method that is used widely in internal management Asking for copies of the other agreements and phone numbers of the negotiators at the other universities often puts this one to rest The only defense is to read the full text of what you are about to sign
Good Cop, Bad Cop
My boss is a bastard The Wounded Dove The negotiator on the other side sheepishly admits they have less experience or expertise, and they ask for help After you thought you had a deal, they come back and tell you that if you can give them this one more thing, then its a go You get a fax or get copied on an e-mail that was intended for a competitor
The Nibble
The So-called Mix-Up
ADVANCED DIRTY TRICKS We Have a Policy
We have a written policy
I Always Got Those Terms Before Gee, How Did That One Get In There
Very common for companies to claim other universities gave them the favourable term they seek They stick something into the final draft that you are sure was supposed to be changed or deleted, or may not even have been discussed One word can change the meaning of an important term
NEVER assume that every addition and deletion has been redlined Review key points before each negotiation session
Amnesia Our Most Important Deal Has That Clause The Flank Attack
They adamantly deny having made concessions you clearly remember Implies that criticizing that term would be seen as an indictment of their most valued transaction Unbeknownst to you, the other party has made side promises - e.g., research support for the endowment Sounds very interesting. We will get back to you about this
The Slow No
To defend against this, keep in close contact with everyone on your side, focus on overall institutional interests, and watch your ego To avoid it, tell them you are moving on to other interested parties, and see if they jump.