Dear Clients and Friends,

Negotiation theory draws on various disciplines including psychology, mathematics (game theory), communications, anthropology, sociology and others. 

In this October 2018 edition of "Negotiation Strategies", I draw on philosophy, specifically Cartesian logic, to introduce you to a simple, yet powerful questioning technique to add to your negotiation quiver.

For your reading convenience, this column is also summarized in the Lessons Learned bullet points at the bottom of the page.

With Best Wishes

Raphael Lapin

Defining negotiation as “making the deal” is a common misconception. The deal is really only the successful conclusion of an effective negotiation process. It is however, the process used to achieve the desired negotiated outcome, which accurately defines negotiation.

An effective negotiation process expands dialogue and develops crucial information around which a deal might be structured. Effective dialogue and productive information development is driven by advanced questioning and strong probing skills.

Negotiation theory draws on various disciplines including psychology, mathematics (game theory), communications, anthropology, sociology and others. I would like to draw on philosophy, specifically Cartesian logic, to introduce you to a simple, yet powerful questioning technique to add to your negotiation quiver.

At the core of Cartesian logic, credited to the French philosopher Rene Descartes, (1596-1650), is a set of four simple questions that are useful in evaluating any action or decision. The questions are (where X is the question or action you are contemplating):

1.      What would happen if you did X?

2.      What would happen if you didn’t do X?

3.      What won’t happen if you did X?

4.      What won’t happen if you didn’t do X?

To illustrate how these questions are implemented, consider being faced with the question of settling a dispute rather than going to court. I would apply the Cartesian questions as follows:

1.        What would happen if I settled?

2.        What would happen if I didn’t settle?

BUT

3.        What won’t happen if I settled?

BUT

4.        What won’t happen if I didn’t settle?

Although on the surface, these questions may seem repetitive, they are effective in helping parties to understand the consequences of decisions and actions from a 360 degree perspective. They also challenge the parties to think about things in new ways that they may not have before, thereby providing fresh and valuable insights.

In the negotiation process, it is crucial, before the proposal phase can begin, to expand the dialogue to uncover deeper information about needs, concerns, fears and constraints. Towards this end, implementing the four Cartesian questions can be valuable.

They can be used within your own team in evaluating an action, strategy, decision or proposal. As an example, President Trump may have been well served by using the four Cartesian questions with his cabinet to evaluate his recent decision to withdraw from the 1987 Intermediate-Range Nuclear Forces treaty (INF) with Russia. (Not being privy to what goes on in the Cabinet Room, for all I know, perhaps he did!).

They can also be very useful in questioning the other party to help them see the various consequences of a particular course of action realistically. For instance, if I am in a negotiation to settle a legal dispute, and opposing council becomes upset and threatens litigation, I might say: “That is certainly an option, let’s discuss what that might look like”. I will then proceed to use the Cartesian questions and ask: “What would happen if you in fact pursued litigation?”, and “What might happen if you did not pursue litigation?” and so on. This usually will elicit productive discussion as it becomes obvious that litigation has very few advantages for anyone. It will also uncover further needs and concerns of the parties, which can then be used to bring the discussions back to negotiation and problem solving.

Another application might be when presenting the other side with a proposal. You can help them to explore the landscape of either accepting or rejecting it, utilizing the Cartesian questions. This usually reveals further unexpressed concerns that can be relieved with minor changes which eventually lead to agreement. Conversely, if a proposal has been presented to you, ask the questions of your own team to evaluate the proposal.

The questions do not need to be used together or in any particular sequence. They can stand alone and be sprinkled into the discussions at different points as needed. They can also be used in sequence and in concert. In whatever way you choose to use them, you will find them a powerful technique to generate constructive dialogue and to obtain crucial information towards building satisfying outcomes.