Negotiation Power Archives | The Negotiation Academy

Negotiation Skills for Lawyers: Win Through Great Negotiation Preparation

Negotiation Skills Rule 101: You don’t prepare, you don’t succeed.

When studying for your law degree, have you ever tried sitting for an exam without studying?

Even if it’s an open book exam, you won’t remember where the important cases are. Without notes to refer to, your arguments won’t be as strong as they could have been.

Similarly, in negotiations, preparation is considered to be 80% of your success. Yet so many people go into negotiations thinking they can just “wing it.”

This is how even younger negotiators can outperform more experienced negotiators: By realizing that experience doesn’t necessarily translate into expertise. And that smart negotiation preparation trumps them both.

Let’s dive into how to prepare based on the 6-step preparation worksheet we use in our courses (you can download it for free here)

Getting ready like a pro

I believe it was Muhammad Ali who said something along the lines of:

“I’ve never won a battle in the ring, always in training.“

In negotiation like in sports, most of your success gets determined by what you do before you even enter the ring, ahem, conference room.

But unlike professional sports, most “professional negotiators” have no idea about the preparation game that the more successful people around them are playing (and if they are really good, you will never know that they just got a much better deal than you ;))

Here is your 6-step game preparation plan

1. Interests

Interests refer to ‘why’ a party wants what it wants. This is different from a position that is ‘what’ it wants.

When representing a client, you need to speak with them to find out not just their position but, more importantly, why they are asking you for a certain action and what it means for their business.

Similarly, researching your counterparty can give you an idea of what positions they are looking for and the underlying reasons.

The better you understand your clients’ and the other side’s interest, the better you are positioned to expand the pie by offering new options that meet everyone’s interests in a more optimal way.

2. Goals and Priorities

To optimize your interest focus, where to push, and where to value trade, you want to figure out what parts of your position are critical, ideal or can be traded off for concessions.

Separating your interests into an M.I.T. list helps you prioritize:

Must have issues are your 2-3 non-negotiable interest. If you don’t get those needs met, you will leave the table.
Ideal goals are your stretch goals. Another 7-10 issues that optimally you would love to achieve, but are not dealbreakers.
Tradeable are issues that you have identified of interest to you, but not at a high priority, and so you are willing to trade those away for matters of higher interest to you first.

Now, Step 2: What do you think are those on the other side?

Once you’ve listed them out, we can go to step 3.

3. Creating Options That Are Aligned with Interests

Now that we have an idea of what both sides want, we can create options that align with both sides. Options refer to potential outcomes that align with a specific interest. In a negotiation, different options can be mixed and matched into different offers.

All the work you’ve done in step 2 comes into play here, especially knowing what we must have, what the ideal outcome could look like, and what we could give away. When you compare the options, it’ll give you some idea on how to make them work for the options they want while you consider how to get to your own.

During the negotiation itself you’ll learn more information on their interests and desired options. You can then adjust your options lists and strategy accordingly, such as seeing if there is room to grow the pie further or to push for what we want. You can read more about interests here.

4. Information Gathering and Giving

Trust is created the fastest when information is shared. To build trust, you need to be ready to go first. Having prepared what you can share should help you get away from your natural default of not sharing (“this is ALL confidential!!”).

Of course, don’t give away everything at once, but start small and create reciprocity. If done right, this will open up communications with the other side to eventually find out their interests, prices, and other information you can use to get the outcome you want.

Reciprocity plays a big part in building rapport and eventually trust with your counterparty. Preparing what information you can share gets you there the fastest.

5. Negotiation Power

Power in negotiations comes from how much we need – or don’t need – the counterparty.

In negotiations, this power is denoted as the ‘Best Alternative to a Negotiated Agreement’ (BATNA) or a plan B.

To prepare and boost your bargaining power, you need to ask:

What options do we have if this negotiation fails?
How can we improve our BATNA?
What is their perception of our BATNA?

Similarly, if we can find out what our counterparty’s BATNA is, it can tell us how far we can push. To find that out, start with these questions:

What might they do if the negotiation fails?
Do we have information that influences their BATNA?

6. The Three Numbers

Knowing your target and limit prices and your counterparty’s limit prices will help you gauge how far you can push in your negotiations.

If you haven’t already, you can get our pdf version of the preparation sheet here.

The three numbers you need to prepare are:

Limit price, i.e. the max you are willing to pay or take [see this Negotiation Nugget for how to calculate that]
Target price, i.e. your concrete dream outcome [see this Negotiation Nugget for how to set a smart target]
Opening price [see this Negotiation Nugget for details on opening offers and the powerful Anchoring effect]

There are many other elements that you can research and prepare for negotiations, but starting with these default elements like the underlying interests of both parties, goals and priorities, walkaway points, and bargaining power (BATNA) will significantly improve your chances of success.

To your negotiation success!

Dr. Claudia Winkler

If you enjoyed this content, join our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Each week, you will get a bite-size email unpacking some of the most fundamental negotiation concepts that you can apply in your everyday negotiations, along with an insight video and book recommendation to go further in areas you want to learn more about.

Want to learn more about effective preparation and how you can beat even more senior negotiators? Joining one of our online courses or organizing a tailor-made live training session for your organization will put you en par with over 10,000 leading lawyers from Fortune 500 companies to Tier 1 law firms globally.

Just reach out to me at claudia@necademy.com to discuss!

Cognitive Bias in Negotiation: Navigating Selective Perception

“Brains are awesome, everybody should get one!” was a popular mock during my school years.

I have to think about this every time I share the research showing how little of our total brain capacity we are actually putting to use for an average decision.

While it would be difficult to go through our days making every decision with 100% of our attention and brain power, our typical, every day, low-effort decisions also have significant risks – especially for our negotiation outcomes!

Today, we are talking about cognitive biases.

Fast and Instinctive System 1 – Slow and Rational System 2

Kahneman and Tversky’s famous work “Thinking Fast and Slow” describes two modes of thinking:

System 1 is fast, automatic, and intuitive. It operates with little effort but is also prone to biases and errors. It is responsible for quick judgments and impressions. We make the majority of our daily decisions using System 1 (think about 95%).

System 2 is slow, deliberate, and analytical. It requires more cognitive effort and is used for complex reasoning and problem-solving. It monitors and evaluates the decisions made by System 1 but is often lazy and easily distracted, leading to reliance on System 1’s quick but sometimes flawed conclusions.

Here is a summary of how System 1 and System 2 thinking relates to selective perception and confirmation bias from Kahneman and Tversky’s book:

In his essay “How Mental Systems Believe,” Daniel Gilbert builds on Spinoza’s idea that understanding a statement starts with believing it.

System 1 quickly and automatically generates belief by making sense of any given statement, even nonsensical ones. System 2, responsible for doubt and unbelief, requires more effort and is prone to laziness or distraction.

Experiments showed that disrupting or exhausting System 2 thinking among participants makes it hard to reject false statements. This highlights our tendency to believe and confirms how associative memory contributes to confirmation bias, leading to overestimations of improbable events.

The moral of this experiment above is that when System 2 is occupied, people tend to believe almost anything due to System 1’s gullibility. System 2, responsible for doubt and unbelief, can be lazy, busy, or depleted.

One example discussed in the book is how we would respond to the questions “Is Sam friendly?” or “Is Sam unfriendly?” When asked these questions, different instances of Sam’s behavior will come to mind. We’ll then do a deliberate search for confirming evidence, called a ‘positive test strategy.’

Kahneman and Tversky go on to say that people, when testing hypotheses, tend to look for data that is compatible with their current beliefs. “The confirmatory bias of System 1 favors uncritical acceptance of suggestions and exaggeration of the likelihood of extreme and improbable events.” For instance, imagining tsunamis when asked about a tsunami’s likelihood of hitting California in the next thirty years can lead to an overestimation of the disaster happening.

This makes individuals more susceptible to persuasive messages, especially when tired. Associative memory and confirmation bias further influence belief, as people seek evidence supporting their beliefs rather than refuting them, leading to an exaggerated perception of events. This leads to multiple cognitive biases like selective perception.

Selective Perception

Selective perception refers to people’s tendency to interpret information in ways that confirm their existing beliefs, impressions, and experiences. This can go as far as selectively filtering out information that doesn’t help us get what we want.

For a legal example, if you give the same evidence and information to a plaintiff’s lawyer and a defendant’s lawyer, they may not come back with the same notes as they zoom in on facts that support their respective clients’ cases.

In negotiations, this can lead negotiators to overlook critical details that don’t align with their preconceptions. It can also lead to the following outcomes:

1 – Misinterpretation of Intentions:

We may misread the other party’s intentions or proposals based on our own biases and preconceived notions, leading to misunderstandings and conflict.

2 – Confirmation Bias

We may focus only on information confirming our beliefs and ignore contrary evidence, reducing the likelihood of finding mutually beneficial solutions.

3 – Reduced Collaboration

When negotiators selectively perceive information, it may hinder open communication and collaboration, making it difficult to build trust and reach a consensus. This makes it harder to find win-win solutions and could result in more money left on the negotiating table.

Reducing the Effect of Cognitive Biases

But how can we not fall into these cognitive bias traps?

Here is a quick list of what you can do:

1 – Keeping an Open Mind

Never fall back into the ‘this is how we’ve always done it’ mindset. Monitor how you take in and process information.

2 – Summarise and Reframe

You can summarise what your counterparty has said to ensure that you haven’t left out or filtered anything they have said and that you understand their points correctly. Reframing the information they shared can also help you not get caught in gain/loss framing.

3 – Think through and Seeking the Honest Opinions of Others

You can discuss and think through the negotiation’s progress with an assistant, a colleague or a coach. During the discussion, make sure you try to objectively look through the strengths and weaknesses of your side and theirs.

Take Your Time

Never rush to a conclusion. Although System 1 thinking may be fast, it will result in biased and poorly thought-through results. Give yourself enough time to consider the results and options with System 2 thinking.

In conclusion, yes, “brains are awesome” (:P), it’s great we all have one, and we need to use it selectively to get through our day without absolute decision fatigue by the time we have our second coffee.

But be aware not to let your brain get ‘lazy’ when it comes to important decisions in negotiation. Because that ‘laziness’ can allow your System 1 to take over, resulting in unconscious biases sneaking in and shaping your decisions for you.

If you want to see how these biases happen in real life, try one of our online courses or join a tailor-made live training session for your organization.

Joining one of our courses will put you on par with over 10,000 leading lawyers from Fortune 500 companies to Tier 1 law firms globally, boosting your negotiation skills to a new height.

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If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

The Secret Negotiation Power of a strong Network – And how to get started if you hate Networking

Negotiation & Networking – Why?

“Your network is your net worth” they say.

As a negotiator, I see network building as part of my ongoing negotiation pre-work. Every negotiation starts LONG before you enter it, and your personal network and personal brand are pure bargaining power.

Let me explain: The reasons we are often having trouble to hold firm when negotiating your fees or salary is because we don’t having a strong network or strong personal brand – i.e. no strong walkaway point with lots of other opportunities knocking on our door (what negotiators call a “BATNA” – Best Alternative to Negotiated Agreement).

The network that you build, my friend, is negotiation power. In other words: You will be confident to charge what you are worth because you are not coming from a mindset of scarcity where you must convert any client because you don’t know when the next one walks into the door. Rather, having a powerful network and personal brand gives you the confidence to know that if this opportunity doesn’t work out, another one will soon come your way. So you have no issue holding firm at charging for the value you add. BATNA 101!

The stronger your Network, the stronger your Bargaining Power.

TLDR: Network = Bargaining Power

Thus, networking is this month’s topic on Negotiation Nuggets!

“I hate Networking.”

9 out of 10 people will agree with that statement when I ask in my workshops. People hate the notion of networking. Or mostly the way most of us think about networking;

“It’s awkward, what should I even talk about?“
“It feels sleazy and transactional.“
“Why would this (senior) person even be interested in me?“

In our brains, networking has squarely placed itself as this utilitarian, self-focused exercise we have to do because someone told us so.

Reframing is key!

Less than 10% of hands in any given room go up when I ask “Do you like networking?“.

But here is the twist: That percentage increases to over 60-80% when I ask “Do you like to meet people?“.

Ha, interesting!

You might have heard people telling you “Networking is just about making friends.” And they would have been right! In fact, here are five powerful mantras I want you to print and take with you anywhere you go. Believe in these firmly and I promise you will be a new person when you go to networking events, enjoying the people you meet, creating real value and establishing true friendships that serve you as a network for life (and you them!)

Your 5 New Networking Mantras

Mantra 1: “I don‘t want anything from you.”

The reasons networking feels sleazy, transactional and awkward is because we feel like we need to go out and use networking as a way to sell ourselves or our services. STOP that in its tracks! You are not out there to sell anything. Except maybe yourself as an intriguing person to hang out with!

As lawyers, we don’t sell products. In the professional services industry, people buy people. So, all you need to do is be an interesting person who shows they care. You don’t need or want to sell anything!

Mantra 2: “I want to help YOU succeed.”

Not only do you not want anything from them, but you are first and foremost out there to help others succeed. This is counterintuitive at first. Like telling a soccer player to pass the ball to the other team. But hear me out. The best networkers are basically going around doing favours all day long. When I asked a friend of mine who is in charge of expanding the business of a large regional law firm to APAC and the Middle East how he does it, he replied “I am basically going around doing favours and making people happy all day. Recommendation for the best cold cuts in Singapore? Here you go. Best paediatric allergist? Number sent. Need an internship for your son? Let me send an Email. French cheese importer in Saudi? Let me link you up!“

Another example that you might find slightly crazy: I am currently working with a large US law firm who is looking for negotiation training in APAC. They like my proposal, but L&D wants to offer their teams multiple trainers as options (having options is always good!). When they came back to me and confided “We haven’t found any other providers who do what you do” I went on to help them research some alternative provides, aka my competitors (!!), offering to help them screen for the best match. What matters to me is that they find their best match. If they are happy, I am happy. And I am memorable. Networking is a game in the long run. First, you need to cultivate relationships that are based on mutual support. And drop the scarcity mindset!

“You can get everything in life you want if you will just help enough other people get what they want.”

Zig Ziglar

Mantra 3: “I am an interesting, interested person.”

When we are young, we often struggle to see why other people might be interested in us. We are quick to believe that people are only interested in other people of the same status.

I was lucky to learn the very opposite very early on. When I was a young student in law school, I helped organize a conference for European Union law. One of the participants was the back then President of the European Court of Justice, Vassilios Skouris. The Dean of my university made sure that President Skouris was constantly paraded in the spotlight. But Vassilios wasn’t that kind of person. I think he secretly hated it. At the final gala dinner, he came to sit next to me with us students at the back of the room. I panicked. What could I possibly say to this guy that he could find interesting? My fear was all wrong! We ended up chatting about his childhood in Greece, his children, and how he made his way from simple upbringings all the way to the ECJ. I learned a lot that day!

When you are young, you give passion. As you get older, you give expertise. That is enough!

Mantra 4: “You are an interesting person.”

Likewise, we need to search for the interesting things that could connect us to the other person. In my business development & brand building workshops, I do an exercise that invites people to write down their unique hobbies and strength. Then they share it with their neighbour. Something incredible happens when people start sharing. More often than not one of them will say in the debrief “I had no idea I had such fascinating colleagues in the office!“. Everyone has something fascinating about them. We just have to offer honest curiosity to bring it out and let them share. And maybe we find some common connection points on the way!

Mantra 5: “We are MEANT to connect.”

They say if you want to go fast go alone, if you want to go far go together. People are meant to connect. We are not islands. Value always comes from collaboration. We are better together.

If you walk up to somebody with a big smile and say “Hey, I don’t believe we’ve met, my name is Claudia” you are basically communicating “Hey, we are meant to meet. I am an interesting person, you are an interesting person, let’s see how we can add value to each other“. Mindset is everything when you connect with others!

Abundance over scarcity, giving over taking, listening over speaking and you will radiate all the right vibes for people to like you instantly.

Apply these 5 mantras rigorously, and you will see the bad smell of networking completely disappearing!

Seek to add value and seek to make connections and you will set yourself up for a network beyond anything you’ve ever thought imaginable!

To your success!

Dr. Claudia

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Negotiating for your Career – How to share your #IamRemarkable

My top 10 tips of how to shout your success over the roofs (without blowing the shingles off :D)

Last week, I went to my first #IAmRemarkable event. What a great initiative, started by a lady at Google in 2016 to empower people to celebrate their achievements and improve their self-promotion skills.

I went because as a Negotiation Trainer, one part of my work with large firms are sessions we call ‘Negotiating for your career’ ‘Beyond the billable hour’, ‘Make some noise’ or similar. In these sessions we talk about the fact that your amazing work does not speak for itself and billable hours are not enough to make it to the next level. “

At the #IamRemarkable workshop I participated in this time myself, it was all about becoming aware of what makes you, well, remarkable. You sit down in a group with a blank piece of paper and start writing “I am remarkable because…” Then you read it out loud.

For many people, this is eye-opening because we don’t usually think along these lines, we are afraid to come across as braggy, we are afraid of criticism, we feel it is not worth speaking about, or we often don’t even realize that “this small thing” is actually quite a big achievement.

Accomplishments do not speak for themselves!

As everyone went to write down their achievements and what makes them remarkable, my brain was already racing to think about the next logical step. How do you communicate all of it in a business context, bringing forward your best self in an authentic, enthusiastic and comfortable way?

Because in most business contexts you will not read out your “I am Remarkable” worksheet to your benevolent audience who rewards you with applause for your bravery.

Where are the right words when you need them?

In my experience, an equally big part of the challenge, beyond knowing what makes you stand out, is knowing just how to put it, i.e. the framing, language, context, situation and finesse of communicating your awesomeness.

Language is powerful and I often feel if only we had a better idea of how to communicate our value and accomplishments it would be much easier for people to shine an adequate light on their contributions and achievements to help them move ahead in their careers.

I would lie if I said that I find this easy myself. Like most of us, I too have been conditioned into wanting to appear modest. And the (gender) backlashes of coming across as too strong are real, so it is a very fine line to walk. But over the past 10 years, I have learned quite a few “tricks” of what works.

Here are my top 10 tips on what to share (and how)

1. Share achievements with real emotion

We all see it on LinkedIn every day: “I am elated about so and so award ..”, “Excited to share that..”, “Honored and humbled to have been selected for..”. Your friends might click “like”, but let’s be honest: Everyone is bored with these announcements or borderline annoyed. And most of us feel uncomfortable posting them but feel like we have to.

A better way: Work hard to express how it actually made you feel, or what it took to get there. Tell a story or share an obstacle that you had to overcome. Bring out as much authentic emotion as you can and people will be more likely to see this as an interesting post and you as a unique human being (see an example here about how I shared my “Top 10 L&D Providers APAC” award).

2. Celebrate Milestones

10 years, 15k followers, bar exam – all a huge deal in your life! People like celebrating with you if you share authentically. But again, authenticity is key. “It’s not bragging if it’s true” is one thing I learned at #IamRemarkable. Here is my best attempt at being my most authentic self when celebrating 15k followers in this post.

It may not behove in your position, role or industry to talk about your pet unicorn, your love for Schnitzel and how you kill off your houseplant (or you don’t care, like me). But I challenge you to push yourself to wherever your outer comfort and appropriateness level (and 10% beyond) in what makes you uniquely you when it’s time to celebrate. It gives people something to connect with you on a personal level and all the more reason to cheer you on.

3. Share knowledge

Your learnings are valuable to others and sharing it positions you as an expert without you having to shout “Look at me, I am an Expert”. This recent huge deal that you did, what did you learn from it about how to manage complex deal structures or a multitude of stakeholders? That ICO that you lead, what surprised you or what should others be aware of? That dispute that you settled, what did you learn that made your negotiations more successful?

Reflect on your work and share your learnings! And when you feel like “What can I even add, I am still junior/inexperienced compared to others” remember that there will always be someone more experienced than you, but there is also always someone less experienced than you and as long as you are even one step ahead of them, they can learn from you. And that is enough!

Look no further than this very blog post that you are reading here to see what I mean. I am no marketing expert. But I write down for you what I have taken from this workshop and the experience I have collated in my 10+ years of having to promote myself as an entrepreneur and working with professionals who have to do the same.

4. Share your take on something

A new law, judgement or industry development. Once you have become comfortable with posting things, share what your take is on those and what you think it will mean for your clients or what they need to be aware of. Just sharing an article or some news without your personal views has little value. Sharing with meaning for them will position you as an expert and give you 10x the effects of that post.

5. Tell stories

Our brains love stories. Tell a story of how your journey is going, where you have come from, what your challenges were, and what you are proud of. This could be about yourself, your team, a new initiative you have started, a non-for-profit you support, etc. You don’t do this for yourself. Stories inspire others! Even a success moment can be an unexpected story (I just saw this creative one here for being appointed to King’s Counsel).

6. Share a passion

Involved in D&I, Legal Tech, ADR? Passionate about negotiation skills, process management or AI? Find a passion and talk about it. Passion ignites passion and you will find your tribe of people. Look for up-and-coming topics in your field and focus on niche areas (especially if you find it hard to post passionate stuff about M&A, Litigation or whatever your core area of expertise).

7. Include clever language and facts about your experience

Get creative at weaving your experience and achievements into normal conversations, posts, your LinkedIn bio etc. I find a “matter of fact” language or giving context to a situation easiest: E.g. “As a lawyer who works with clients on 5 continents.. my view is..”, “Based on my background as..” “Based on my experience with more than 20 of these cases ..”

8. Use numbers

Like images, numbers speak volumes. Rather than “10 years of deal-making experience” (this is already good) you could go one step further and count the number of deals you have done. “Done 150 M&A deals“, Helped 300 companies go public”, “Enabled the largest ICO in the history of our country with 200 Mio in Investment”, “Helped negotiate deals of $50 million plus total value”, “Helped restructure more than a dozen Fortune 500 companies”, “Received the Legal Innovators Award 3 times in 5 years”.

Go dig for the metrics so people get a chance to understand better what you do and what you are really good at. It took me 2 days to collect and calculate how many participants have ever been in my in-person and online trainings across various countries and online platforms.

But here is my new headline:

“I help Tier 1 lawyers negotiate, communicate and network for their best results. Consultant, Trainer, Speaker since 2014. Trained 10k+ professionals live in 30 countries and 15k+ online in 126 countries.”

And don’t you think it was totally worth it to help people understand better what I do and why I’ve become so experienced and specialized in it? (Please say “yes“, those 2 days will never come back :D:D)

9. Use social proof (collect accolades)

Nothing persuades like other people’s recommendations. In fact, what do most of us do when we look for a doctor, an accountant, or in our case, a lawyer? Ask family, colleagues, friends.

15 Awards, a PhD and 5 papers may not be as persuasive as one strong personal recommendation.

“Most dedicated lawyer I’ve ever hired!!“

Now that has a ring to it 🙂

So when clients are raving about your work, ask them if they would be okay to put it into your LinkedIn (there is a recommendation section) or write it down in an email (or you can summarize what they said and send it back to them, thanking them for the compliment). Use these gems in your website bio, LinkedIn “about section”, annual review, promotion discussion, brochure, etc.

10. Talk about the benefit of your greatness to THEM

Remember: No one cares about what you can do. Everyone cares about what you can do for them. Frame your messaging accordingly!

“My 15 years of expertise in … allow me to immediately grasp my client’s challenges when it comes to..”, “My experience with over 100 high steak real estate negotiations allows me to advise clients on the best strategy that does not only protect them from the risks of .. but also give them leverage in…”

Time to get to work!

One immediate way for you to start putting these into practice is to look through your LinkedIn profile.

– What is your “Subtitle”. Are you “*Lawyer* at Firm”( yaaawn!) or a “Problem-Solving Advocate for Complex Disputes” (ohoo!)

– What does your “About” section say (Do you even have one?)? Is it written in a personable, first-person language that captures who you are and what you do? Does it tell the reader how you can support them and how you are different from others?

– Scroll further: What is in the section that talks about your current job? Have you maximized that space to share what your value add is based on your experience and achievements?

– Scrolling on: What about Licenses, Publications, Awards, Recommendations, and Projects (just saw a great example here of how to mention projects as a lawyer). If you don’t have these sections in your LinkedIn go to “add profile section” at the top of your profile. All these sections are there for you to fill with clever language and subtle brags.

Once you are done with LinkedIn: What about the bio on your company website? Short bios you use for conferences or publications?

Two Last Tips

Set aside an hour in your calendar right now to go and rework these to help you start thinking about how to better express your achievements, capabilities and what they can do for your career, client or promotion. We all know if it’s not in your calendar it’s not happening.
Then copy this post and come back to the list later and see what posts and blogs you could write as you start your #IamRemarkable journey and Negotiate for your career by becoming more conscious of how you communicate your achievements.

If you need, print out your new mantra or stick it to your screen with a post it:

“Accomplishments do not speak for themselves.”

To your success! And I hope you share this post with everyone around you who also struggles to make their achievements noticed!

Dr. Claudia

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Deutsche Bank Office for Negotiation: An interview with Felix Miller, VP Deal Expert

Claudia: Felix, great to see you, I am excited to sit down with a fellow negotiation professional and share experiences(1)!

Felix: Same here, always a treat to see you!

Claudia: You are VP Deal Expert and one of the co-founders of Deutsche Bank’s Office for Negotiation. I love this because it is so unique to have a dedicated negotiation department in a company like this, and it really shows the immense leverage negotiation skills can give. Can you tell me a bit more about how this department came about and what you do?

Felix: For decades, most people have perceived negotiation as something we only need at a big conference table or in sales or procurement. However, experience and research clearly show that negotiation is one of the most powerful and omnipresent skills we need to use in our daily lives and business dealings. Our Office for Negotiation is a central one-stop-shop offering negotiation excellence as a service throughout the bank.

Claudia: “Negotiation as a Service“, I love that description because it shows the time you free up on other people’s plates and the specialization, expertise and value you can bring to the table as the expert who does JUST THIS.

Speaking about value, I love the motto you have, “Going Northeast”. Where does it come from?

Felix: The northeast direction in our logo’s design stands for the bank’s vision of moving forward and achieving robust (the square around the line) success in the global financial landscape. In negotiation, moving ‘northeast’ stands for achieving “win-win” results. I.e. a value-add result where both sides maximize their outcome in a way that no party could have gotten more without taking some from the other and both sides meet or exceed all their interests.

Claudia: The Pareto-optimal negotiation result! With negotiation being such a key future skill, very practically speaking, what impact do you see these skills having in a big business environment like Deutsche?

Felix: Many people I met and worked with in a variety of contexts next to banking such as Startups, NGOs & community leaders perceive negotiation as bargaining or splitting value. Few initially see it as a skill of leadership, and potentially THE skill that allows us to have other people say ‘yes’ to us whenever we need them to do so. If we can lead another party from ‘no’ to ‘yes’ – this is leadership first and foremost. And to lead others, we need to learn to lead ourselves, too.

Negotiation skills help you in areas you would not expect. How do I unite my deal team & internal stakeholders behind a shared vision, define rules of collaboration and engagement, and make sure everyone contributes in the best possible way? How do I create substantially enough value to be distributed amongst deal parties so their incentive to say yes to us surpasses transaction costs to win their individual buy-ins? How do I deal with emotions, mine & others? How do I employ the power of process and relationship management while optimising my substantial outcome in a wise and sustainable way?

Making negotiation a central skill of our lives allows us to improve our leadership skills, helps us get more in life and most importantly, allows us to resolve conflicts together – no matter the subject. So the impact on the business is not only financial but can also be seen on a very human and personal level.

Claudia: Oh, I agree! There is so much more than meets the eye when it comes to great negotiators. So that is one advantage your role has over mine. As an outside trainer, consultant or shadow negotiator I help create value and strategy, but as an in-house function, you can create a lasting impact and change on the people themselves. I envy that (even though you are taking my job :D)

Felix: The pie is probably way larger than the sum of its perceived parts! 🙂

Claudia: For sure! I know you do internal consulting, but also training. What are some things that you notice people find easier after having come through your training?

Felix: Most describe a mindset shift away from “winning” (which is a highly abstract concept unless we define what it means for us) towards collaborative problem-solving; the stage in which the magic happens when we start creating trust, value & long-lasting relationships.

Claudia: In a nutshell, what are some of the business benefits that the increased negotiation capacity of individuals and an in-house team can bring?

Felix: Less transaction cost, less intra-team conflict, higher substantial outcomes, more trust and more overall collaboration both internally & externally.

Claudia: What have you personally found most enjoyable or challenging?

Felix: Being an intrapreneur is different from my former experiences as an entrepreneur but also very exciting. I enjoy working with global teams and being exposed to so many views & cultures daily while having the chance to build & work in one of Germany’s most iconic companies. Also, the size and complexity of deals here are quite high, which is a valuable and motivating experience.

Claudia: Where do you personally benefit most from the skills you are teaching?

Felix: I recently read that the human brain learns best when we explain or teach to others. So every time I get to teach our colleagues, I am constantly learning more myself, which is another nice win-win outcome as well.

Claudia: I feel the same! Thanks for taking the time Felix and I hope, I never see you on the other side of a deal! 😉

Felix: Haha same, but if so, I am sure we would “Go Northeast” together!

(1) Views expressed are purely personal and do not represent Deutsche Bank.

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Buying an Audi for the price of a Volkswagen

Or how to Make Bargaining a Gift for Both

In the world of negotiations, there’s a fine art to getting what you want without leaving the other party feeling like they’ve been shortchanged. A few years ago, my friend Dana demonstrated this artistry when he managed to snag an Audi A4 for the price of a Volkswagen Golf.

You heard that right – an A4 for the price of a Golf!

How did she do it? Let’s dive into the story and extract some valuable lessons in negotiation along the way.

Step 1: Research and Preparation

Dana didn’t walk into the dealership blindfolded. She did her homework. She knew the dealer price, wholesale price, current promotions, models that were on the way out and the typical discounts Audi dealers were willing to offer.

Step 2: Clarity of Intent

Dana went into negotiations with a clear idea of what she wanted – that Audi A4 at a specific price. Having a precise target in mind helped her steer the negotiations towards her desired outcome.

Step 3: Patience

Negotiations can be a waiting game. Dana spent multiple weeks in negotiations, showing no signs of impatience or desperation. She understood that rushing could sabotage her chances of getting the deal she wanted.

Step 4: Express Interest

Throughout the negotiation process, Dana consistently expressed her interest in the car at the desired price. This signaled to the dealer that she was serious about the purchase. This may seem counterintuitive at first, but showing commitment can actually work better than a cold “Oh, I don’t really want it” approach if you want the other side to work with you.

Step 5: Collaboration

Instead of viewing the negotiation as a battle, Dana collaborated with the salesperson. Together, they explored various avenues for discounts – from manufacturer incentives to trade-in deals, prolonged warranty, free tires and seasonal promotions.

Step 6: Negotiation Power

Besides the Information she had collected and the relationship she had built, Dana also created leverage in numbers by timing her purchase with two other friends. Presenting the potential of selling three cars instead of one created hug purchasing power on her side, and an equally huge incentive on the car dealer’s side to get the deal.

Step 7: Relationship Building

Dana leveraged her existing relationship with the dealership. Having purchased her previous car there, she highlighted her loyalty and hinted at potential future business.

Step 8: Win-Win

Ultimately, Dana achieved a win-win scenario. While she walked away with an Audi A4 for the price of a Volkswagen Golf, the car dealer also benefited. Selling three cars in one go significantly boosted the salesperson’s commission (Dana encouraged him to negotiate his commission with his boss, and he got an increase to almost double his normal commission too!).

In essence, bargaining isn’t just about driving a hard bargain; it’s about finding creative solutions that satisfy both parties. By following these steps – from thorough research to fostering collaboration and maintaining patience – you too can turn bargaining into a gift for both sides.

So, the next time you’re in a negotiation, remember: it’s not about who can outwit the other, but rather how you can work together to find a solution that leaves everyone feeling like a winner.

Whether it’s for your new car or your client’s contract – the power is with those who collaborate!

To your negotiation success!

Dr. Claudia

Your Negotiation Whisperer

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Unleashing your Inner Negotiator: Your 8-Week Workout Plan

In the last post Negotiation Nugget, we debunked the myth that negotiation skills are an inborn skill, and I gave you 7 tips to start training your inner negotiator.

Now, it’s time to take your negotiation game seriously and join our 8-week workout plan* to build your negotiation muscle and turn you into a negotiation powerhouse.

WEEK 1+2 – Warm-up Program: Boosting Comfort Levels

Objective: Increase comfort levels, view everything as negotiable

In this warm-up phase, treat negotiations like a daily workout. Start with small, inconsequential matters:

– Leave work early for an event.

– Personal coffee machine/printer/whiteboard in the office.

– Discounts at the supermarket/clothing store.

– New case/partner/team at work.

– Conference/training attendance.

– Neighbor cat-sitting during your vacation.

– Coffee discount (or free cake).

Remember, the goal is to make negotiation a part of your daily routine, gradually building your comfort and confidence.

Try to ask for at least one extra thing a day!

WEEK 3+4 – Ask for More: Set High Goals, Conquer Fear

Objective: Set ambitious goals, overcome fear of asking too much

Now it’s time to push your boundaries and ask for more than you think is acceptable:

– Instead of a 10% discount, ask for 20%.

– Request 4 weeks of vacation instead of the usual 2.

– Negotiate for both a new phone and Airpods at work.

– Upgrade from one screen to two.

– Extend remote work in Bali to 2 months.

Challenge yourself to ask for double what you expect, breaking through your comfort zone.

WEEK 5+6 – Go for “No”: Embrace Rejection, Fuel Creativity

Objective: Aim high, expect rejection, overcome fear of being turned down

Creativity is the key in this phase. Ask for things you believe are impossible and embrace rejection as a part of the negotiation process:

– 1+1 free at the coffee shop.

– Free inspection for the second car.

– 50% off dental cleaning for you and your partner.

– Discounts on your insurance or mobile subscription.

– Free upgrade on a flight or access to the business class lounge.

Remember, a rejection is just a stepping stone to a successful negotiation. Get comfortable with the word “No.”

And you would surprised, how often I have gotten something whenever I ask in a situation I expected a sure no.

WEEK 7+8 – All In / Final Sprint: Get What Matters

Objective: Pursue what’s important, negotiate for life improvements

In the final stretch, focus on negotiations that truly matter to you:

– Work-break e.g. from 6-8 PM.

– Guaranteed night blocked for yourself every week.

– Secondment to a desired location.

– Specialized training in a specific area.

– Childcare flexibility.

– Salary increase.

– 50% contribution to evening meals from your partner.

Whatever it is that will make your life easier, now is the time to go all in and secure what will make a significant impact on your life. You’ve built your negotiation muscle—time to flex it!

Let’s do this!

Are you ready to take your negotiation skills to the next level over the next 8 weeks?

Comment “I am in” below to join our workout group so we can keep each other accountable. Research shows that we are 10 times more committed to following through with something if we do it with other people and commit to it publicly. I will personally check in with you every 2 weeks to see how it is going and if you need any help!

To your negotiation success!

Dr. Claudia

Your Negotiation Whisperer

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Let’s get Ripped: Building Your Negotiation Muscle!

I don’t go to the gym in January. Too crowded with people who are trying to stick to their New Year’s Resolutions.

Don’t worry if you don’t feel like working out, either. It’s not too late to build another muscle for 2024!

Introducing: The Negotiation Muscle

There is a major myth out there about Negotiation skills. Many people think that Negotiation is an innate skill. That people are born with it, and you either have it or you do not.

People who believe this, let me look you deep into your pretty eyes and tell you firmly but lovingly, once and for all: THAT’S NONSENSE!

Some people might have more talent to become excellent negotiators. But negotiation as a whole is a skill that must be learned.

Learning requires practice

Saying “I am just not good at negotiations” is like saying “I am just not strong” without having set foot into a gym. Developing Negotiation skills begins with overcoming your insecurities, fears, and other inhibitions and just making the first ask. And then another one. And then another one.

Our discomfort in making a small request in low-stakes situations keeps us from growing comfort in making a move in high-stakes negotiations.

If fear and discomfort are keeping you from negotiating for more of what you want and deserve, starting to negotiate in your daily life is your first important step.

And for my ladies reading this, as per Linda Babcock and Sara Laschever’s research (Women Don’t Ask – go read that, it’s brilliant!), we only negotiate about 25% as much as men do! If you don’t ask, you won’t get. So if you identify, please read this extra carefully.

Okay, ready to get ripped?

Here are 7 small hacks that help you get really good at it.

Before we start: WHAT all is negotiable?

Some things are more obvious than others, and I hope you already always negotiate these. Things like your salary (yes, annually!), buying a car, your rent, buying an apartment.

But much beyond that, to rock these big negotiations, you need to train your negotiation muscle on the small daily negotiations.

Things you may not consider a negotiation (yet): Who goes out to buy the groceries, your phone bill, newspaper subscription, gym membership, the timeline for returning a draft, your seat on an airplane, check-out time, hotel room category, the clothes in a store, and and and. Which brings us to hack number 1:

#1: Consider everything negotiable

For a lot of reasons, we often don’t think something is negotiable. We have never seen someone negotiate it, we have been conditioned by society that something is not negotiable, or we simply believe that just because there is a written price tag that means that this thing is not negotiable. But those are just stories we tell ourselves. Until you ask, you NEVER know if it might be negotiable. I have been surprised by the most unexpected places, what all you can negotiate!

When in doubt, I always remember that there was once a study that said that only 25% of Americans ask for a discount, but about 80% or so who do will actually get SOMETHING. Now, if that isn’t motivating, I don’t know?!

#2: Start a habit of asking

Call up any subscription and say “I am looking through my subscriptions to see how I can cut down on cost. I am a loyal customer, so I wanted to see if you can make me a better deal.” You never know where you can get a cheaper deal, or extra service/bandwidth/discount.

Or, looking to buy this new luxury duvet? Email 2-3 sellers and tell them that you would love to get one for Xmas/a birthday whatever the reasons but that you are still hesitant about the price and if they could e.g. give a 15% discount. I have even done that with Amazon 3d party sellers, and it works!

#3: Let them compete / Improve your BATNA

BATNA – your alternative, is the strongest tool in your negotiator toolbox. So always get a few different offers and let them negotiate against each other. I recently had a safety grill installed for my kids on our balcony. Having 3 providers quote for the same thing got me 50% off the most expensive quotation. You don’t even have to negotiate much, you just keep pointing out that another provider has offered a better price, but you would love to work with them and ask if they could match.

#4: Humour

Negotiation is not a fight, it’s a dance! Doing it with appreciation, charm, and humour works best. People like to give things to people they like.

E.g. hubby and I are in his shoe store. After a while, I walk up to the salesperson saying “My husband is eying the 3rd pair already, we need to start talking about a bulk discount or I will have to drag him out of here.“

Quick wit also works well. Cashier: “Do you need a corporate invoice”? “No, but we would take a corporate discount if you have?” – 20% off in the home improvement store because of some random coupon she finds in her drawer. How much easier can you have €600 thrown at you for doing close to nothing?

Of course, this doesn’t always work. But the point is to practice. And not just “the ask”, but also dealing with the rejection. Or the alternative people throw at you. Surprising moments such as “Can you do something else (points at the price tag)? “No, but I can throw in a hug” (😲) teaches you valid lessons in handling responses with poise and expect and reply to the unexpected.

#5: Think beyond the money

Great negotiators never forget the non-momentary stuff. It’s not always money. Often, there are non-monetary options that the other side can give you much more easily, and that are valuable for you. E.g. more days off from work, waiving the climbing gym initiation fee, getting 12 months for 10, getting a free personal training session, a free room upgrade, a spa voucher, an airport pickup, a voucher for your next visit, etc.

Even if you end up getting no discount, you might walk out with something.

#6: Look out for their interests (and trade for yours)

Good deals are always a two-way street. If you can find things that are beneficial to them, they are more likely to i) agree and ii) give you a good deal. When we negotiated our rental contract in Singapore (at the worst time..) we offered a variety of things to get a better price that we thought could be of interest to the landlord. Things like painting the place, an earlier move-in date, a longer contract term, an up-front payment, etc. 10% off the asking price at a time when people snatched up apartments!

#7: Show that you have done your research

Information is power. Knowing what other people are making, how much other stores are charging, what margins there are, what sales targets they have etc allows you to say “Can you match ..“, “What rate can you give us if we book directly with you and you don’t have to shell out 15% to booking.com?”

Summing Up:

Consider everything negotiable.
Get into a habit of asking.
Let providers compete/improve your BATNA.
Use humor and connect with people.
Think beyond money.
Look out for their interests.
Show that you have done your research.

Ready to get to work?

Stay tuned for the next Negotiation Nugget. I will share with you an 8-week workout plan for your negotiation muscle that you can follow to become more comfortable with high-stakes negotiation by increasing your comfort in the daily ones.

To your negotiation success!

Dr. Claudia

Your Negotiation Whisperer

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

7 Steps for Leading any Client Meeting like a Pro – Even with no Preparation or Experience

A simple framework and universal tools you can use to make you look instantly more professional.

This Negotiation Nugget shares the exact 7-step framework we teach at The Negotiation Academy LLC and how the included building blocks help you radiate confidence and professionalism in any client meeting.

Client Interview and Client Counseling Framework and Steps

Let’s look at how using the framework and tools of these 7 steps can turn you into a master meeting host who exudes confidence, experience, and expertise:

1. Small Talk

The first few minutes set the tone of your work together. Make sure you show an interest in the person, engage in some small talk to create a personal connection, and make them feel comfortable and special. The better you connect, the easier your conversation will be and the more they trust and respect you. Arriving early and having prepared topics to talk about go a long way!

2. Agenda

This is your first step in controlling the conversation and making the client feel safe by radiating experience and gravitas. “Agenda” is a big word. In most conversations, you just need a few sentences about how the meeting is going to go. This can be very generic and without preparation. Even without an idea what the client will want to talk about you can already shine. Adapt a version of this:

(finishing small talk..) Okay so here is what I suggest we do to make the most of our time: Why don’t you first tell me what brings you here today/why don’t you update me on what new developments there have been since we last met/why don’t you fill me in on your perspective of what is happening to give me a fuller picture than what I have from having read the written documents. While you do, I will be taking some notes to make sure I don’t miss anything and after you are done I will surely have some questions. Then we can discuss some options and see how I could help you. Lastly, we will discuss the next steps, what it would look like if we work together, and what the fee arrangement looks like in our firm. Does that work for you?”

These are just sample elements, but do you see what this does when you start with something like this? It makes you sound amazing! Prepared, knowledgeable, experienced, and in the driver’s seat! First impressions matter, and this little opener together with your small talk will put the conversation on a promising track.

3. Client Narrative

Next, it is time to zip it and hand it over to your client. “Okay, why don’t you get us started?”. Your main job here is to NOT interrupt (I mean it, listen as if your life depended on it)!

We are all guilty of interrupting much more than we care to admit. An important question comes to mind, a reference to some other success that offers itself, a comparison, or our own experience. Research shows that this is a big no-go with severe adverse effects on your learning about the case and the relationship with the client.

Studies in a patient-doctor context show that interruptions of all kinds (questions or statements or completing their sentences) result in significantly less accurate diagnoses and less successful treatment. In 94% of interruptions, the physician ended up taking over the conversation, never returning to what the patient wanted to say at that time (now you know how I chose my doctors..).

4. Summary

This is the key moment to show how well you listen and understand your client: You summarize what they said. E.g. “Let me make sure I have got everything. So you are saying …” (summarize it all). Then you end with “Am I missing anything?“

Summarizing is a pro communicator power tool with 360° benefits for you and the client:

You are forced to listen better and can confirm that you have truly understood.
The client feels truly heard and appreciated (“Got it” does not do that job! Look at your client’s eyes lightening up when you actually summarize what they said!)
You sort your client’s thoughts and structure them for yourself and them.

This summary can already be the structure for the next steps in your conversation. E.g. “ .. I hear that we will need to talk about employment issues, incorporation, and data privacy. Shall we start with data privacy?”

5. Questions and Details / Counseling

Only now comes the actual legal talk. Starting with e.g. that Data Privacy topic, now is the time to ask your follow-up and detail questions and walk the client through their options like you always do.

6. Summary of Goals, Interests and Priorities

Towards the end, there needs to be another round of summaries that focus specifically on client goals. You know, that “client interest focus” that every firm has on their website, this is where you walk the talk! Find out what is truly driving the person on the table.

What are their most important goals and priorities?
What does this situation mean to them?
How does it impact their business?

As negotiators, we know that people will always bring us positions, but what they really care about are interests. This summary makes sure you dig for those before suggesting any action.

7. Next Steps & Fees

To wrap it up, have a small summary of what will happen next. Who is sending what to whom by when.

Fees: If the situation requires, plan to take a moment to explain fees. Most importantly: Own the topic! Don’t wait until the client needs to put themselves into an uncomfortable position to ask “how about fees?”. Because a) you don’t want the client to have to do that, and b) YOU don’t want to be caught on the back foot! Discussing fees is uncomfortable for 99% of people.. (or at least that is my impression in our trainings :D). The moment the client asks for fees, even the smoothest client interviews take a massive turn for the awkward with lawyers suddenly going “aaaah, well, usually, we, aah, do hourly rates, but we can also, aehm, see if we can maybe ahm do a package.. “

How comfortable would you be in hiring an attorney to represent your financial interest if they cannot represent their own? You and I know this might be independent, but the last impression and aura of confidence are certainly taking a hit.

So instead, prepare to mention fees yourself. This again shows that you are a confident and experienced professional (and you can keep it short and practice what you want to say beforehand 🙂

Summing up, print the 7 steps and focus on these four key takeaways for any client meeting:

Be proactive in using small talk.
Start with a small “agenda” to look extra routined.
Keep summarizing to show your competence and make the client feel heard.
Ensure that you drill down to what really matters to your client.

Try it out and let me know how it goes!

To your success!

Dr. Claudia

Your Negotiation Whisperer

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.

Kids and Other “Irrational Negotiators” – A Holiday Special

They say people engage in an average of 2–10 negotiations per day. This must exclude parenting and holiday family gatherings. For those, we probably have to add a “0” or two.

Once you have little negotiators in your house, everything from putting on pants to eating lunch to leaving the house becomes a negotiation (read to the end for my favorite comedian clip on that).

My kids are now 3 and 1. They both started negotiating when they were around 9 months old (“I am NOT eating my breakfast, I want yours—points and shouts“).

As I am heading into a 3-week “break from work” (spoiler alert, it isn’t; see my Out-of-Office below), I thought I’d summarize what I have learned so far about how to negotiate with children and other “reasonable” family members.

This year’s word-for-word Out-of-Office reply for Negotiation Academy.

I must note that there won’t be any negotiation classes dedicated to parenting at the Negotiation Academy anytime soon. In fact, if you see a good one, sign me up!

But here is what I have learned so far about what a seasoned negotiator can use as a novice parent.

Let’s assume

Imagine you had a big fight with your mum or dad. Now you are home, telling your spouse all about it. They try various ways to help. How would you feel about each of these attempts:

Defend the other side: “I can understand their reaction.. I mean, you have to consider that they are old now and from a different time..“
Pity: “Oh no, you poor thing. These parents always..“
Question: “Why did you say that to her if you know she is sensitive about it?“
Advice: “Maybe you should call and apologize.“
Diminishing: “Oh, don’t be so upset. You are overreacting. It’s not that bad.“
Own experience: “Oh yes, I also had a bad fight with my mum the other day. She told me that…“

Do you recognize these in your environment?

Do any of these make you feel better?

I am going to assume your answer is “No”.

What would make you feel better?

How about an empathetic response: “Oh gosh, that does sound like a horrible fight. And it must have come at the worst time when you were already exhausted from the long weekend with the kids and guests.“

Better?

Most of us grow up having our feelings denied.

It’s the small things we were told.

“It’s not a big deal!”
“You are a big boy now.”
“You are just tired.”
“Don’t make such a big drama out of it.”
“You are acting like a baby.”
“Look how brave your little sister is.”

Sound familiar?

Yes for me.

Does it work to help calm down kids (or anyone for that matter)?

No, ma’am.

Enter a negotiator strategy for meltdowns, tantrums, and everything in between:

Acknowledge, don’t diminish

Here is one bit of advice we give for dealing with difficult negotiation counterparts. But brace yourself. It’s a tough one.

No one gets up in the morning thinking, “Today I will be completely irrational.” Everybody ALWAYS makes sense to themselves.

Yes. Always.

“But surely not this XXX person.”

Yes. Everyone!

I know. I told you this was hard to believe.

But it is true. People always make sense for themselves. So do kids. Just that they are little aliens who don’t yet know how things work around here on this planet.

Here is where our power comes in. No matter if we are with irrational seeming adults or kids. Our ONLY power is to try and see how what they are doing makes sense for them.

Because here is the problem: The moment you write them off as “irrational,” you have given away all power to change the situation.

So when you find yourself getting triggered into thinking “This person is totally irrational,” ask yourself this: “How does what this person is doing/thinking make sense to them? What information am I missing so that I don’t feel like it is making sense?”

Here is the 4 part formula I have put together for myself when it comes to my toddlers.

Enter the LSAT model

I use the LSAT model (such as a lawyer, I know).

It stands for Listen, Sympathize, Acknowledge, and Talk Alternatives.

In the past 24 hours, my kids threw a fit because ..

they wanted that orange juice right now;
they wanted to keep banging on the sofa table;
they didn’t want to go to school;
they wanted to be carried all the way home (at 20kgs..).

Strong-willed communicators as they are, they often land on the floor, making sure those wishes are heard by everyone in a one-mile radius.

Enter LSAT:

Listen (don’t interrupt, diminish, or offer explanations, etc, see above)
Sympathize: Verbalize to them why they are upset. It’s counterintuitive, but try! You might add your own feelings about it. “Oh, you really want that orange juice now?” “I also really like Orange Juice.“
Acknowledge: Find a word to describe the feeling. “That must be frustrating.” “You look like you are really angry.”
Talk Alternatives: Give them two other options of what to do now. “Would you like to walk to school or sit in the pram?“

Put together, this sounds something like this (imagine a 3-year-old who has thrown themselves on the floor and shouts off the top of their lungs)

“Oh, you really want that Orange Juice now, don’t you? Orange Juice is so yummy. Do you really like Orange Juice, ha? I also really like Orange Juice. Shall we have one after lunch? Would you like the one with pulp or the one without?”

“You are upset that mummy told you not to bang on the table. You really want to bang on the table, hm? The sound is fun. It’s frustrating when we have to stop doing something that is fun. I see you like to bang something and make a noise. Would you like to play with your piano in your room, or take the tennis racket and go down and hit some balls?

“You are upset that Papa didn’t carry you home. I know, it’s so nice being carried. I would love to be carried too. All day would be best!! 🙂 Isn’t it comfortable to hang over someone’s shoulder? (looks up and nods) Would you like me to pick you up and hang over my shoulder on the sofa a little, or would you like to get a big snuggle from Papa?”

“You don’t want to go to school today ha? We are having so much fun playing cars at home. I also want to keep playing. It’s frustrating when we have to stop doing something we enjoy. We should play again when you get back. For now, do you want to have Bananas or Dragon fruit for your lunch box at school today?“

I am still a novice at this parenting game but the difference I’ve seen between saying these things and “No, you can’t have an orange juice now we are having lunch first”, “We can’t carry you, you are too heavy”, “Don’t bang on the table it’s too loud” and “But you have to go to school” is tremendous!

It seems to me, that the default we have been shown, taught, and programmed to do – talk down the feeling, explain, rationalize, tell kids what to do – just leads to kids starting out being frustrated about the situation and end up being frustrated with parents.

Like in negotiations, when feelings are denied, parties become hostile.

Age doesn’t matter.

The language will change. The underlying concepts don’t.

If you have kids (big or small :D), I am curious for you to try out LSAT!

Please make sure to let me know how it went and what other things you have discovered that work. I am all ears!

Happy Negotiation Bootcamp, aka Holidays, everyone!

See you on the other side.

Claudia

PS: As promised, here is my favorite comedy piece on negotiating with kids by Michael McIntyre.

PPS: And a book recommendation: How to Talk So Kids Will Listen & Listen So Kids Will Talk, Adele Faber & Elaine Mazlish

If you enjoyed this content, feel free to sign up for our free 10-week Email course on the fundamentals of Collaborative and Competitive Negotiation skills by clicking HERE.