When two parties negotiate a written agreement, one partner usually does the drafting. We'll let Donald be the drafter, and we'll call the Other partner Olivia. Here are some deceptive techniques available to drafters. See "Extrasensory Deception: I," Point Lookout for October 22, 2008, for other deceptive negotiation tactics.
- The non-redraft redraft
- Donald agrees to drop language cited by Olivia, but in redrafting, he inserts new language that has the same effect, albeit somewhat more artful. He then presents it as a serious attempt to address Olivia's concerns, and he might even say, "Shall we move on to the next section?"
- Donald's behavior is a deception, intended to suggest that Olivia's concerns were addressed, when they were not. The more clever operators might even materially weaken Olivia's position.
- The bonus
- Donald agrees to add language Olivia requested, but he also inserts conditions that weren't requested, and which erode the effect of the requested language.
- This deception is related to the Non-Redraft Redraft, but it applies to the requested addition of new language, rather than to the revision of existing language. It can be more subtle because the bonus changes might have been inserted elsewhere.
- Unexpected revisions
- When Donald returns with the redraft, he's made the changes that were discussed, but he's also made some unrelated changes that weren't discussed. During the walkthrough, he omits any mention of the unexpected revisions, or mentions them only in passing. He pressures Olivia so as to limit the time she has to contemplate their impact.
- Unless Donald is a master of pressure, this tactic can be risky for him. If Olivia discovers what he has done, she'll probably cease trusting him, and that might lead her to review the entire document. To limit this risk, Donald might try the next tactic, Late Delivery.
- Late delivery
- When Donald sends Olivia the latest draft about 40 nanoseconds — or even an hour — before their next meeting, he might be trying to deprive her of any real opportunity to review it.When one negotiation partner
discovers a deception by
the other, Trust is threatened
- A reasonable response to Late Delivery is "We have to reschedule." Olivia can say, "I just received it, and I need to review it," but that does open her to Donald's feigning offense or using some other pressure tactic. Sometimes it's more fun just to say, "I have to water my begonias."
Perhaps the most powerfully deceptive tactic for drafters is Seizing the Drafting Role. If negotiations begin with Olivia sending Donald a draft agreement, he can respond by returning the agreement without citing any objections, but re-written to his own satisfaction. He has thus seized the drafting role without Olivia's consent, and without explaining what he has done to the agreement. Olivia can point this out, but he surely already knows. Since this tactic is a strong indication that the negotiation will be difficult, Olivia might consider her time better spent watering her begonias. First in this series Top Next Issue
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More articles on Ethics at Work:
- You Have to Promise Not to Tell a Soul
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not to tell a soul," is the response. You promise. And there the trouble begins.
- Budget Shenanigans: Swaps
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problem. The budget swap is one technique for making ends meet. It distorts organizational data, and
it's just plain unethical.
- Dubious Dealings
- Negotiating contracts with outsourcing suppliers can present ethical dilemmas, even when we try to be
as fair as possible. The negotiation itself can present conflicts of interest. What are those conflicts?
- Approval Ploys
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seekers use to enhance their success rates. Here are some tactics approval seekers use.
- Personnel-Sensitive Risks: II
- Personnel-sensitive risks are risks that are difficult to discuss openly. Open discussion could infringe
on someone's privacy, or lead to hurt feelings, or to toxic politics or toxic conflict. If we can't
discuss them openly, how can we deal with them?
Forthcoming issues of Point Lookout
- Coming December 13: Reframing Revision Resentment: II
- When we're required to revise something previously produced — prose, designs, software, whatever, we sometimes experience frustration with those requiring the revisions. Here are some alternative perspectives that can be helpful. Available here and by RSS on December 13.
- And on December 20: Conceptual Mondegreens
- When we disagree about abstractions, such as a problem solution, or a competitor's strategy, the cause can often be misunderstanding the abstraction. That misunderstanding can be a conceptual mondegreen. Available here and by RSS on December 20.
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- Person-to-Person Communications: Models and Applications
- When we talk, listen, send or read emails,
read or write memos, or when we leave or listen to voice mail messages, we're communicating person-to-person.
And whenever we communicate person-to-person, we risk being misunderstood, offending others, feeling
hurt, and being confused. There are so many ways for things to go wrong that we could never learn how
to fix all the problems. A more effective approach avoids problems altogether, or at least minimizes
their occurrence. In this very interactive program we'll explain — and show you how to use —
a model of inter-personal communications that can help you stay out of the ditch. We'll place particular
emphasis on a very tricky situation — expressing your personal power. In those moments of intense
involvement, when we're most likely to slip, you'll have a new tool to use to keep things constructive.
Read more about this program. Here's a date for this
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Road, Jacksonville, Florida, 32256, USA: January 15, 2018,
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- Embassy Suites by Hilton Jacksonville Baymeadows, 9300 Baymeadows Road, Jacksonville, Florida, 32256, USA: January 15, 2018, Monthly Meeting, Northeast Florida Chapter of the Project Management Institute. Register now.
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- Many people who possess real organizational power have a characteristic demeanor. It's the way they project their presence. I call this the power affect. Some people — call them power pretenders — adopt the power affect well before they attain significant organizational power. Unfortunately for their colleagues, and for their organizations, power pretenders can attain organizational power out of proportion to their merit or abilities. Understanding the power affect is therefore important for anyone who aims to attain power, or anyone who works with power pretenders. Read more about this program.
Beware any resource that speaks of "winning" at workplace politics or "defeating" it. You can benefit or not, but there is no score-keeping, and it isn't a game.