Point Lookout: a free weekly publication of Chaco Canyon Consulting
Volume 8, Issue 44;   October 29, 2008: Extrasensory Deception: Part II

Extrasensory Deception: Part II

by

In negotiating agreements, the partners who do the drafting have an ethical obligation not to exploit the advantages of the drafting role. Some drafters don't meet that standard.
A bristlecone pine in the Great Basin National Park

A bristlecone pine in the Great Basin National Park in Nevada. Bristlecone pines are the oldest living things on Earth. Although they thrive at timberline, where most trees cannot survive, they do also grow at lower altitudes. When they live at lower altitudes, they don't live quite so long. It almost seems as though they are in negotiation with Nature, exchanging longevity for ease of living conditions. Perhaps it is the harshness of the timberline environment that makes the wood of timberline bristlecones so resistant to the elements and to pests.

Tough negotiations can produce solid, long-lasting agreements. But when one party uses deception to forge an agreement that truly harms the other, the longevity of the other, and therefore the agreement, is threatened. Long-lived agreements must treat all parties fairly. Photo courtesy U.S. National Park Service.

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: Part 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. Go to top Top  Next issue: On Virtual Relationships  Next Issue

303 Secrets of Workplace PoliticsIs every other day a tense, anxious, angry misery as you watch people around you, who couldn't even think their way through a game of Jacks, win at workplace politics and steal the credit and glory for just about everyone's best work including yours? Read 303 Secrets of Workplace Politics, filled with tips and techniques for succeeding in workplace politics. More info

Your comments are welcome

Would you like to see your comments posted here? rbrenGsQxDbwizGmWrMcYner@ChacDCkszwShlgRSjJqFoCanyon.comSend me your comments by email, or by Web form.

About Point Lookout

Thank you for reading this article. I hope you enjoyed it and found it useful, and that you'll consider recommending it to a friend.

Point Lookout is a free weekly email newsletter. Browse the archive of past issues. Subscribe for free.

Support Point Lookout by joining the Friends of Point Lookout, as an individual or as an organization.

Do you face a complex interpersonal situation? Send it in, anonymously if you like, and I'll give you my two cents.

Related articles

More articles on Ethics at Work:

The rabbit that went down the rabbit-holeIt Might Be Legal, but It's Unethical
Now that CEOs will be held personally accountable for statements they make about their organizations, we can all expect to be held to higher standards of professional ethics. Some professions have formal codes of ethics, but most don't. What ethical principles guide you?
A tornadoTornado Warning
When organizations go astray ethically, and their misdeeds come to light, people feel shocked, as if they've been swept up by a tornado. But ethical storms do have warning signs. Can you recognize them?
A thiefLooking the Other Way
Sometimes when we notice wrongdoing, and we aren't directly involved, we don't report it, and we don't intervene. We look the other way. Typically, we do this to avoid the risks of making a report. But looking the other way is also risky. What are the risks of looking the other way?
The Garden Tiger moth, Arctia cajaTelephonic Deceptions: Part I
People have been deceiving each other at work since the invention of work. Nowadays, with telephones ever-present, telephonic deceptions are becoming more creative. Here's Part I of a handy guide for telephonic self-defense.
Police line tapeCounterproductive Knowledge Work Behavior
With the emergence of knowledge-oriented workplaces, counterproductive work behavior is taking on new forms that are rare or inherently impossible in workplaces where knowledge plays a less central role. Here are some examples.

See also Ethics at Work and Workplace Politics for more related articles.

Forthcoming issues of Point Lookout

A vizsla in a pose called the play bowComing April 26: Why Dogs Make the Best Teammates
Dogs make great teammates. It's in their constitutions. We can learn a lot from dogs about being good teammates. Available here and by RSS on April 26.
A business meetingAnd on May 3: Start the Meeting with a Check-In
Check-ins give meeting attendees a chance to express satisfaction or surface concerns about how things are going. They're a valuable aid to groups that want to stay on course, or get back on course when needed. Available here and by RSS on May 3.

Coaching services

I offer email and telephone coaching at both corporate and individual rates. Contact Rick for details at rbrenAmmKpkmutFAXtEYOner@ChackvVCbZmdxIINKEvtoCanyon.com or (617) 491-6289, or toll-free in the continental US at (866) 378-5470.

Get the ebook!

Past issues of Point Lookout are available in six ebooks:

Reprinting this article

Are you a writer, editor or publisher on deadline? Are you looking for an article that will get people talking and get compliments flying your way? You can have 500 words in your inbox in one hour. License any article from this Web site. More info

Public seminars

Changing How We Change: The Essence of Agility
MasteChanging How We Change: The Essence of Agilityry of the ability to adapt to unpredictable and changing circumstances is one way of understanding the success of Agile methodologies for product development. Applying the principles of Change Mastery, we can provide the analogous benefits in a larger arena. By exploring strategies and tactics for enhancing both the resilience and adaptability of projects and portfolios, we show why agile methodologies are so powerful, and how to extend them beyond product development to efforts of all kinds. Read more about this program. Here's an upcoming date for this program:

Creating High Performance Virtual Teams
Many Creating High Performance Virtual Teamspeople experience virtual teams as awkward, slow, and sometimes frustrating. Even when most team members hail from the same nation or culture, and even when they all speak the same language, geographic dispersion or the presence of employees from multiple enterprises is often enough to exclude all possibility of high performance. The problem is that we lead, manage, and support virtual teams in ways that are too much like the way we lead, manage, and support co-located teams. In this program, Rick Brenner shows you how to change your approach to leading, managing, and supporting virtual teams to achieve high performance using Simons' Four Spans model of high performance. Read more about this program. Here's an upcoming date for this program:

The Race to the South Pole: Ten Lessons for Project Managers
On 14The Race to the Pole: Ten Lessons for Project Managers December 1911, four men led by Roald Amundsen reached the South Pole. Thirty-five days later, Robert F. Scott and four others followed. Amundsen had won the race to the pole. Amundsen's party returned to base on 26 January 1912. Scott's party perished. As historical drama, why this happened is interesting enough, but to organizational leaders, business analysts, project sponsors, and project managers, the story is fascinating. Lessons abound. Read more about this program. Here's an upcoming date for this program:

Follow Rick

Send email or subscribe to one of my newsletters Follow me at LinkedIn Follow me at Twitter, or share a tweet Follow me at Google+ or share a post Subscribe to RSS feeds Subscribe to RSS feeds
Please donate!The message of Point Lookout is unique. Help get the message out. Please donate to help keep Point Lookout available for free to everyone.
21st Century Business TravelAre your business trips long chains of stressful misadventures? Have you ever wondered if there's a better way to get from here to there relaxed and refreshed? First class travel is one alternative, but you can do almost as well (without the high costs) if you know the tricks of the masters of 21st-century e-enabled business travel…

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.

303 Secrets of Workplace PoliticsIs every other day a tense, anxious, angry misery as you watch people around you, who couldn't even think their way through a game of Jacks, win at workplace politics and steal the credit and glory for just about everyone's best work including yours? Read 303 Secrets of Workplace Politics!
303 Tips for Virtual and Global TeamsLearn how to make your virtual global team sing.
My free weekly email newsletter gives concrete tips and suggestions for dealing with the challenging but everyday situations we all face.
A Tip A DayA Tip a Day arrives by email, or by RSS Feed, each business day. It's 20 to 30 words at most, and gives you a new perspective on the hassles and rewards of work life. Most tips also contain links to related articles. Free!
101 Tips for Effective MeetingsLearn how to make meetings more productive — and more rare.
Exchange your "personal trade secrets" — the tips, tricks and techniques that make you an ace — with other aces, anonymously. Visit the Library of Personal Trade Secrets.