Kung Fu Tactics in Negotiation: Attack From the Side

Years ago, I found myself negotiating a minor piece of a very large transaction between two phone companies. I had represented one of the phone companies before, in the role of a kind but gentle 800 pound gorilla. Negotiation with the other phone company revealed what it was like for two gorillas to interact. Reasonable requests were met with a rather rude, “No. What’s your next point?” It was only when I countered with a perplexed, “Gee, that’s not very constructive,” followed by an awkward silence, that my counterpart felt socially forced to start giving explanations. Once he felt he had to move from staking out a position to stating his interests, we were able to make progress.

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In his book The Art Of Shaolin Kung Fu, Wong Kiew Kit lists a number of strategies and tactics. One of them is, “If an opponent is strong, enter from the side; if he or she is weak, enter from the front.” If you find yourself in a physical contest with someone much larger than you, it is difficult to meet him head-on. Instead, duck and weave to the side and go for the ribs, the side of the head or even the back. The flipside is that if you are much larger than your opponent, you should beware his sideswipes if you barrel over him.

If you’re sitting across the table from someone, similar rules apply. Someone with a wad of cash to spend, like a lead investor or a bank with an unalterable loan agreement, can take the role of the 1,000 pound gorilla. She doesn’t have to be rude about it, but can say, “I’m sorry. This is the way we do things. There is no flexibility on that.”

If you are met with the big gorilla response, what do you do? Unless you have the power and desire to threaten to walk away from the table, and unless your counterpart really cares if you walk away, you can’t attack head on and throw down the gauntlet. That would be entering from the front, as if your opponent were weak. The only thing you can do is enter from the side, like my conversation with the phone company lawyer: a shove from the side, then stepping back as he fell into his imbalance. Depending on the situation, you can focus your counterpart’s attention elsewhere to draw out an explanation eliciting his real interest, in which case you can then try to seek a constructive compromise. You can put a pin in the difficult topic and move off to something related, then circle back. Then again, if the point is ancillary you can accept it and move on to the next one. The latter course would be sidestepping your counterpart’s implicit threat to walk away unless he gets his way.

In sum, if you are the big gorilla, there may be important points you just do not need to negotiate. If your position is not so strong, consider an indirect approach to get what you really want. As a mediator, help one or both of the parties redirect their conflict. In an ideal world, each will feel he has encountered a strong opponent, attacked from the side, and won.

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About Jeffrey FInk

In my day job, I'm a lawyer, mediator, arbitrator and advisor in Wellesley, Massachusetts with clients locally and from around the world. I advise clients about general business matters, act as outside general counsel to several companies and counsel clients in more contentious situations. Wearing a different hat, as a mediator, Collaborative lawyer and ADR professional I help clients resolve a wide range of business and family disputes. I've also studied a number of styles of martial arts and have a second degree black belt in kung fu.

Posted on May 30, 2013, in Kung Fu Strategies and Tactics, Mediation, Negotiation and tagged , , , , , , , , , . Bookmark the permalink. Leave a comment.

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