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:
- Workplace Politics vs. Integrity
- A reader wrote recently of wanting to learn "to effectively participate in office politics without
compromising my integrity." It sometimes seems that those who succeed in workplace politics must
know how to descend to the blackest depths, and still sleep at night. Must we abandon our integrity
to participate in workplace politics?
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- If you approve or evaluate proposals or requests made by others, you've probably noticed patterns approval
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- On the Appearance of Impropriety
- Avoiding the appearance of impropriety is a frequent basis of business decisions. What does this mean,
what are the consequences of such avoiding, and when is it an appropriate choice?
- Some Truths About Lies: III
- Detecting lies by someone intent on misrepresentation is an important skill for executives, managers,
project managers, and just about anyone involved in knowledge-oriented organizations. Here's Part III
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- Influence and Belief Perseverance
- Belief perseverance is the pattern that causes us to cling more tightly to our beliefs when contradictory
information arrives. Those who understand belief perseverance can use it to manipulate others.
Forthcoming issues of Point Lookout
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- And on July 4: Interrupting Others in Meetings Safely: II
- When we feel the need to interrupt someone who's speaking in a meeting, to offer a view or information, we would do well to consider (and mitigate) the risk of giving offense. Here are some techniques for interrupting the speaker in situations not addressed by the meeting's formal process. Available here and by RSS on July 4.
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- The Race to the South Pole: The Power of Agile Development
- On 14 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. Lessons abound. Among the more important
lessons are those that demonstrate the power of the agile approach to project management and product
development. Read more about this program. Here's
a date for this program:
- Ohio National Insurance, 1 Financial Way, Blue Ash, OH: July
Monthly Meeting, Cincinnati
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- Ohio National Insurance, 1 Financial Way, Blue Ash, OH: July 17, Monthly Meeting, Cincinnati chapter of the International Institute of Business Analysis. 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.