1
00:00:08,430 --> 00:00:10,660
Who do you think has more
control in a negotiation,

2
00:00:10,660 --> 00:00:14,500
the person doing the talking or
the person doing the listening?

3
00:00:14,500 --> 00:00:18,560
And how important is control,
anyway, versus the upper hand

4
00:00:18,560 --> 00:00:21,210
and creating the outcome
that's best for you?

5
00:00:21,210 --> 00:00:23,850
In this chapter, we'll
talk about the secret

6
00:00:23,850 --> 00:00:26,220
to gaining the upper
hand in a negotiation

7
00:00:26,220 --> 00:00:28,950
is to give the other side
the illusion of control.

8
00:00:28,950 --> 00:00:31,320
How do you do
that, and how is it

9
00:00:31,320 --> 00:00:34,140
best for you in creating
the best possible outcome?

10
00:00:40,866 --> 00:00:43,886
Calibrated question
is what we used

11
00:00:43,890 --> 00:00:46,900
to refer to as an
open ended question,

12
00:00:46,900 --> 00:00:48,530
and it's calibrated for a fact.

13
00:00:48,530 --> 00:00:52,400
And we calibrate it to make
the other side feel in charge.

14
00:00:52,400 --> 00:00:55,040
The secret to gaining the
upper hand in a negotiation

15
00:00:55,040 --> 00:00:57,990
is giving the other side
the illusion of control.

16
00:00:57,990 --> 00:01:00,560
And we're going to calibrate
our questions mostly

17
00:01:00,560 --> 00:01:04,130
with the words what
and how because people

18
00:01:04,129 --> 00:01:07,159
love to be asked what to do.

19
00:01:07,160 --> 00:01:10,340
People love to be asked
how to do something.

20
00:01:10,340 --> 00:01:15,050
Why, as a question, triggers
defensiveness universally.

21
00:01:15,050 --> 00:01:17,990
Why makes you feel accused.

22
00:01:17,990 --> 00:01:20,860
There's been some speculation
that the reason why

23
00:01:20,860 --> 00:01:22,960
triggers a universal
defensive reaction

24
00:01:22,960 --> 00:01:25,420
is that every human being
when they were two years old--

25
00:01:25,420 --> 00:01:28,860
no matter how many
people were around them,

26
00:01:28,860 --> 00:01:30,900
no matter where they
grew up on the planet,

27
00:01:30,900 --> 00:01:32,760
no matter what culture they
were in, when they were two,

28
00:01:32,760 --> 00:01:34,970
they knocked something off
a table, and they broke it.

29
00:01:34,970 --> 00:01:36,510
And the nearest
adult pointed at them

30
00:01:36,512 --> 00:01:38,552
and said, why did you do that?

31
00:01:38,550 --> 00:01:40,500
And we had it drilled
into our minds

32
00:01:40,500 --> 00:01:43,620
from about age two on
that, when somebody

33
00:01:43,620 --> 00:01:46,560
said why to us, they
were accusing us

34
00:01:46,560 --> 00:01:49,160
of doing something wrong.

35
00:01:49,160 --> 00:01:51,890
This is an interesting aspect,
because in business today,

36
00:01:51,890 --> 00:01:54,650
we're constantly told
to find out their why.

37
00:01:54,650 --> 00:01:56,390
Get their why.

38
00:01:56,390 --> 00:01:59,240
And so when we ask them
why do they want something,

39
00:01:59,240 --> 00:02:00,830
it interferes with
our relationship.

40
00:02:00,830 --> 00:02:03,960
It interferes with rapport,
creates defensiveness.

41
00:02:03,955 --> 00:02:06,085
So how do we drive at some
of the same information?

42
00:02:06,080 --> 00:02:08,360
We change our whys to whats.

43
00:02:08,360 --> 00:02:11,600
Instead of why do
you need delivery

44
00:02:11,600 --> 00:02:14,110
in three weeks on the product--

45
00:02:14,113 --> 00:02:15,783
they're going to be
worried about what's

46
00:02:15,780 --> 00:02:18,600
wrong with the fact
that I need delivery.

47
00:02:18,600 --> 00:02:20,520
Change your why to
a what, and you say,

48
00:02:20,520 --> 00:02:23,400
what makes it necessary to get
it delivered in three weeks?

49
00:02:23,400 --> 00:02:25,770
It takes the sting of
accusation off of it.

50
00:02:25,770 --> 00:02:28,310
It takes the
defensiveness out of it,

51
00:02:28,310 --> 00:02:31,460
and it gets us back to a nice
calibrated what question.

52
00:02:31,460 --> 00:02:34,430
People like to be asked what
so they can answer what.

53
00:02:34,430 --> 00:02:35,360
They feel in charge.

54
00:02:35,360 --> 00:02:36,860
They feel in control.

55
00:02:36,860 --> 00:02:38,720
We've got to say
it with deference,

56
00:02:38,715 --> 00:02:40,345
but, again, we're
giving the other side

57
00:02:40,340 --> 00:02:43,250
the illusion of control, and
it's principally through the

58
00:02:43,250 --> 00:02:44,540
how and what questions.

59
00:02:51,070 --> 00:02:54,700
Forced empathy is when
you force the other side

60
00:02:54,700 --> 00:02:58,620
to have empathy with you, and
the idea behind empathy-- we're

61
00:02:58,620 --> 00:03:00,120
trying to trigger reciprocity.

62
00:03:00,120 --> 00:03:01,710
We're looking to
demonstrate empathy

63
00:03:01,710 --> 00:03:06,960
because it's good for us, but
we want empathy in return.

64
00:03:06,960 --> 00:03:11,670
And reciprocity may
not always kick in.

65
00:03:11,670 --> 00:03:15,270
So we may have to say something
at some point in time that

66
00:03:15,270 --> 00:03:20,930
forces the other side to take
a hard look at our situation

67
00:03:20,930 --> 00:03:22,140
before they move forward.

68
00:03:22,140 --> 00:03:27,380
And our classic phrase to
force empathy into a situation

69
00:03:27,380 --> 00:03:32,290
is simply to say to somebody,
how am I supposed to do that?

70
00:03:32,290 --> 00:03:33,710
We're coaching a
woman once who'd

71
00:03:33,710 --> 00:03:36,100
done a tremendous amount
of business for a company.

72
00:03:36,100 --> 00:03:38,330
They kept promising
her follow-on business

73
00:03:38,330 --> 00:03:42,260
as a result of it, and she
was very afraid of being

74
00:03:42,260 --> 00:03:44,090
denied the follow-on business.

75
00:03:44,090 --> 00:03:47,820
So they owed her a lot of
money, and they weren't paying,

76
00:03:47,820 --> 00:03:50,060
and they kept sending her work.

77
00:03:50,060 --> 00:03:54,250
I told her to say, how
am I supposed to do that?

78
00:03:54,250 --> 00:03:56,250
Next time they send you
an order for more work.

79
00:03:56,250 --> 00:03:58,000
And she said, oh my
god, I can't say that.

80
00:03:58,000 --> 00:03:59,350
I can't say that.

81
00:03:59,350 --> 00:04:01,380
They'll tell me I have
to do it, and then

82
00:04:01,380 --> 00:04:03,930
I'll really be in trouble.

83
00:04:03,930 --> 00:04:06,010
And I said, don't
worry about that.

84
00:04:06,010 --> 00:04:10,340
The point is it's going
to have an impact on them.

85
00:04:10,340 --> 00:04:14,910
I actually needed to do
an intervention with her

86
00:04:14,910 --> 00:04:16,650
to sort of talk her
down off the ledge

87
00:04:16,649 --> 00:04:19,399
over even asking the question.

88
00:04:19,399 --> 00:04:22,099
So when they finally called her
and asked her for more work,

89
00:04:22,100 --> 00:04:24,250
she said, how am I
supposed to do that?

90
00:04:24,248 --> 00:04:26,038
And a person on the
other side of the table

91
00:04:26,040 --> 00:04:27,570
said, you're right.

92
00:04:27,570 --> 00:04:28,770
You can't.

93
00:04:28,770 --> 00:04:31,710
I know we haven't
been paying you.

94
00:04:31,710 --> 00:04:35,580
We've actually had some
real internal problems,

95
00:04:35,580 --> 00:04:37,980
and the person that's
responsible for paying you

96
00:04:37,980 --> 00:04:38,790
has changed.

97
00:04:38,790 --> 00:04:41,670
I will get in touch
with that person.

98
00:04:41,670 --> 00:04:43,350
They'll reach out
to you, and we'll

99
00:04:43,350 --> 00:04:49,430
settle up the bill before we
move forward on anything else.

100
00:04:49,430 --> 00:04:51,180
Now, part of the problem
on the other side

101
00:04:51,180 --> 00:04:54,060
was they were embarrassed
that they were unorganized,

102
00:04:54,060 --> 00:04:55,950
and they changed
around, and they

103
00:04:55,950 --> 00:04:57,560
were a mess on the other side.

104
00:04:57,555 --> 00:05:00,185
And they were dealing with their
own problems at the same time,

105
00:05:00,180 --> 00:05:03,570
so they were kind of ignoring
how much difficulty that they

106
00:05:03,570 --> 00:05:05,730
were putting this woman in.

107
00:05:05,730 --> 00:05:09,330
Well, forced empathy--
you make the other side

108
00:05:09,330 --> 00:05:12,750
take into account what
you're really going through,

109
00:05:12,750 --> 00:05:14,380
and you also make
them think about, how

110
00:05:14,380 --> 00:05:16,170
is this going to move forward?

111
00:05:16,165 --> 00:05:17,795
And it's not going
to move forward well

112
00:05:17,790 --> 00:05:19,290
if you keep cheating
the other side.

113
00:05:26,090 --> 00:05:28,290
The question, how am
I supposed to do that,

114
00:05:28,290 --> 00:05:31,320
is designed to shape the
other side's thinking,

115
00:05:31,320 --> 00:05:35,890
shape it around empathy, shape
it around thinking about us,

116
00:05:35,890 --> 00:05:37,980
trigger slow in-depth thinking.

117
00:05:37,980 --> 00:05:39,990
And in many cases,
you probably want

118
00:05:39,990 --> 00:05:44,400
to combine your how and what
questions to basically ask up

119
00:05:44,400 --> 00:05:46,940
to three questions.

120
00:05:46,940 --> 00:05:49,180
They're just worded differently.

121
00:05:49,180 --> 00:05:53,220
And it might be, how am
I supposed to do that?

122
00:05:53,220 --> 00:05:56,080
What's going to
happen if I do that?

123
00:05:56,080 --> 00:05:58,900
How do I overcome the
challenges that I have here?

124
00:05:58,900 --> 00:06:02,320
Those are all basically asking
exactly the same question

125
00:06:02,320 --> 00:06:04,240
in a different fashion.

126
00:06:04,240 --> 00:06:07,660
If you ask that question three
different ways, then a person

127
00:06:07,660 --> 00:06:10,450
you're talking to will
think about it from three

128
00:06:10,450 --> 00:06:12,810
different angles, and
they'll give it more thought,

129
00:06:12,808 --> 00:06:14,348
and they'll give
you a better answer.

130
00:06:14,350 --> 00:06:15,880
And they will
appreciate the fact

131
00:06:15,880 --> 00:06:17,460
that you helped them
think it through.

132
00:06:23,950 --> 00:06:26,740
Reciprocity is a
natural human dynamic

133
00:06:26,740 --> 00:06:29,590
that exists in us
because we're humans,

134
00:06:29,590 --> 00:06:32,180
and some people are
very guarded about it.

135
00:06:32,180 --> 00:06:34,240
So we have to be careful
about how we trigger it.

136
00:06:34,240 --> 00:06:37,210
If we ask, we tend to owe.

137
00:06:37,210 --> 00:06:39,460
People are often
worried about asking us

138
00:06:39,460 --> 00:06:41,560
because they don't want to owe.

139
00:06:41,560 --> 00:06:44,800
So it's a common dynamic
that people are more or less

140
00:06:44,800 --> 00:06:46,510
sensitive to at all times.

141
00:06:46,510 --> 00:06:50,230
You don't want to trigger
reciprocity inadvertently.

142
00:06:50,230 --> 00:06:52,730
If I say to you,
what's your name?

143
00:06:52,730 --> 00:06:54,310
That's an ask.

144
00:06:54,310 --> 00:06:55,990
I've begun to trigger.

145
00:06:55,990 --> 00:06:58,310
If I ask, I should be
willing to give an exchange,

146
00:06:58,308 --> 00:07:00,098
and if I'm not willing
to give an exchange,

147
00:07:00,100 --> 00:07:03,980
or if I'm not ready to give an
exchange at this point in time,

148
00:07:03,980 --> 00:07:06,160
I don't want to trigger
the reciprocity dynamic.

149
00:07:06,160 --> 00:07:08,310
Proof of life was
one of those issues.

150
00:07:08,307 --> 00:07:10,387
How do we know that there's
a deal to be had here?

151
00:07:10,390 --> 00:07:12,390
How do I know you
have the hostage?

152
00:07:12,385 --> 00:07:14,265
We struggled with that
for a really long time

153
00:07:14,260 --> 00:07:16,760
when I worked kidnappings where
we didn't ask proof of life,

154
00:07:16,760 --> 00:07:18,850
because we knew the
hostage was alive,

155
00:07:18,850 --> 00:07:22,290
and we didn't want to
trigger reciprocity.

156
00:07:22,290 --> 00:07:23,880
And there was an
instance where I was

157
00:07:23,880 --> 00:07:25,890
in the middle of a kidnapping.

158
00:07:25,890 --> 00:07:27,600
It ended badly.

159
00:07:27,600 --> 00:07:29,490
Hostages were killed
by friendly fire

160
00:07:29,490 --> 00:07:33,390
after the fact in a
botched rescue attempt.

161
00:07:33,390 --> 00:07:38,500
I was bothered for a long
time by what had happened

162
00:07:38,500 --> 00:07:40,320
that I didn't understand.

163
00:07:40,323 --> 00:07:41,743
A couple of months
afterwards, I'm

164
00:07:41,740 --> 00:07:44,770
listening to a kidnapping
of a drug dealer's

165
00:07:44,770 --> 00:07:46,720
girlfriend in Pittsburgh.

166
00:07:46,720 --> 00:07:48,930
And who do you go to when
somebody in your family

167
00:07:48,930 --> 00:07:50,980
has been kidnapped, even
if you're a drug dealer?

168
00:07:50,980 --> 00:07:53,140
You go to the FBI.

169
00:07:53,140 --> 00:07:55,590
Drug deal went to the local FBI.

170
00:07:55,590 --> 00:07:58,030
I'm listening to the
tapes of the drug dealer

171
00:07:58,030 --> 00:08:02,320
riding around in his car with
the FBI hostage negotiator,

172
00:08:02,320 --> 00:08:05,090
and he's just
negotiating on his own.

173
00:08:05,090 --> 00:08:07,870
And so he didn't know that
his girlfriend was alive,

174
00:08:07,870 --> 00:08:12,700
and spontaneously, in the middle
of the negotiation, on his own,

175
00:08:12,700 --> 00:08:16,390
he said to the other
drug dealer, hey dog,

176
00:08:16,390 --> 00:08:18,960
how do I know she's all right?

177
00:08:18,960 --> 00:08:22,180
And it was this long silence
on the other end of the line,

178
00:08:22,180 --> 00:08:25,480
and then the kidnapper said,
I'll put her on the phone.

179
00:08:25,480 --> 00:08:29,590
He said that was a tone of
voice that indicated the power

180
00:08:29,590 --> 00:08:32,110
dynamic had completely shifted.

181
00:08:32,110 --> 00:08:36,370
He went from feeling
like he was in charge

182
00:08:36,370 --> 00:08:38,260
to spontaneously collaborating.

183
00:08:38,260 --> 00:08:42,490
His tone of voice changed, and
I knew that now the victim--

184
00:08:42,490 --> 00:08:45,940
boyfriend had the upper
hand just from a simple

185
00:08:45,940 --> 00:08:48,130
how question.

186
00:08:48,130 --> 00:08:53,020
And he got the kidnapper
to volunteer to put

187
00:08:53,020 --> 00:08:55,540
the hostage on the phone.

188
00:08:55,537 --> 00:08:56,367
That's got to be it.

189
00:08:56,370 --> 00:08:59,460
That was just a
legitimate how question.

190
00:08:59,460 --> 00:09:01,770
Left the other side feeling
completely in charge,

191
00:09:01,770 --> 00:09:06,690
but changed the power dynamic
completely in the given moment.

192
00:09:06,690 --> 00:09:10,320
And the person who lost the
upper hand in the negotiation

193
00:09:10,320 --> 00:09:13,110
had no idea they'd
lost the upper hand.

194
00:09:13,110 --> 00:09:16,380
You put the creator
of the problem--

195
00:09:16,380 --> 00:09:20,240
you put the burden of
solving that problem on them.

196
00:09:20,240 --> 00:09:22,590
And since they don't
feel burdened by it,

197
00:09:22,590 --> 00:09:23,590
they feel in control.

198
00:09:23,590 --> 00:09:24,450
It was their idea.

199
00:09:24,450 --> 00:09:27,510
They're going to spontaneously
do what you want,

200
00:09:27,510 --> 00:09:29,400
and you never
actually asked for it.

201
00:09:35,270 --> 00:09:37,200
You're not looking
for proof of life,

202
00:09:37,200 --> 00:09:41,800
but you're really looking for
proof of legitimacy, proof

203
00:09:41,797 --> 00:09:43,377
that you're in a
good faith as opposed

204
00:09:43,380 --> 00:09:46,230
to a bad faith negotiation.

205
00:09:46,230 --> 00:09:50,920
And what are the
natural questions?

206
00:09:50,920 --> 00:09:54,740
How are we going to move
forward if we make this deal?

207
00:09:54,740 --> 00:09:57,330
How do I know that
you're not just

208
00:09:57,330 --> 00:10:01,720
looking for free consulting?

209
00:10:01,720 --> 00:10:06,250
How have you worked with
people like me in the past?

210
00:10:06,250 --> 00:10:09,020
How have you made
this deal in the past?

211
00:10:09,020 --> 00:10:11,660
There are a lot of
legitimate questions

212
00:10:11,660 --> 00:10:15,380
that, if you were sitting
around with your colleagues

213
00:10:15,380 --> 00:10:19,510
in a bar at night discussing
the deal of the day,

214
00:10:19,510 --> 00:10:21,320
one of your colleagues
might say, look,

215
00:10:21,320 --> 00:10:24,320
how do you know these guys
aren't playing you for a fool?

216
00:10:24,318 --> 00:10:26,358
How do you know this is
a legitimate negotiation?

217
00:10:26,360 --> 00:10:28,600
How do you know they
have the budget?

218
00:10:28,595 --> 00:10:30,475
You can ask them at the
table because they're

219
00:10:30,470 --> 00:10:31,490
legitimate questions.

220
00:10:31,490 --> 00:10:35,960
That's why we never had a
problem with any terrorist,

221
00:10:35,960 --> 00:10:39,680
any sociopath, any kidnapper
anywhere in the world when

222
00:10:39,680 --> 00:10:43,960
we said, how do we know
our hostage is alive?

223
00:10:43,960 --> 00:10:49,210
They had to admit to themselves
it's a legitimate question,

224
00:10:49,210 --> 00:10:51,200
and they would at
least think about it.

225
00:10:51,200 --> 00:10:54,830
It would at least stop
and shape their thinking.

226
00:10:54,830 --> 00:10:58,680
So we use this today in
our business negotiations

227
00:10:58,680 --> 00:11:02,390
to ask, how do we know
that the people that

228
00:11:02,388 --> 00:11:04,428
are going to be affected
by the deal on your side

229
00:11:04,430 --> 00:11:06,910
are good with this?

230
00:11:06,910 --> 00:11:08,430
How do we make sure
that people that

231
00:11:08,430 --> 00:11:12,830
have to live with this deal
like the way it's constructed?

232
00:11:12,830 --> 00:11:14,420
We start to get
the deal breakers

233
00:11:14,420 --> 00:11:17,720
on the other side
involved so that they're

234
00:11:17,720 --> 00:11:19,580
no longer deal breakers.

235
00:11:19,580 --> 00:11:22,390
They're deal collaborators.

