Blog Archives

Kung Fu Negotiation: Hit With the Ground

Xing Yi stylists are taught to “hit with the ground.”  Chen Style Tai Chi practitioners learn to “punch with the feet.” The point is the same: maximum grounding at the point of contact, transferred seamlessly to the striking point, so the power of the punch does more than push the puncher off his feet. The fancy part of martial arts – all the punching, arm waiving, kicking and screaming – depends on remaining rooted.

Woman stepping on stone in middle of stream

Literature suggests one way being rooted translates into applications other than physical fighting: through backing up one’s own will with the interests of the group. For instance, in John Brunner’s disturbingly prescient science fiction novel The Shockwave Rider, the main character advises his captor that he has been “searching for a place to stand so that I could move the Earth.” He eventually escapes by recruiting his captor and does find a place to stand, within a small community of people who share a common goal.

In his more modern book, War, Sebastian Junger writes of the power of the brotherhood of the platoon, touching on evolutionary theory to show how one overriding driver of men’s behavior on the front lines is their being subsumed within a small group. Loyalty to that group is the fulcrum upon which infantry soldiers are able to survive and sometimes thrive under chaotic, dangerous conditions far removed from their pre-military life.

Negotiating from a position of strength means more than having a good argument or a special product with a premium price. It means that one needs the ground, the feet, the fulcrum. Most of us can be pushed further individually than we can when connected to a group, whether that group is a family, a workgroup or an organization. I never appreciated the distinction until I  had the opportunity to serve as a member of the board of my apartment building many years ago. I found myself in a room with people, some of whom I liked and some of whom I despised, managing a litigation against a small building in which each of us was also named personally. All remove fell by the wayside: the plaintiff was after my home, my family, my neighbors, my fellow board members. That was the ground from which I was striking: I was defending the group.

One danger that the professional negotiator faces is the lack of ground. Lawyers and other third party negotiators who can be like the mercenaries of the process find a temporary connection to their clients’ groups and sometimes have a hard time separating themselves from the client – but at the same time, since they are ultimately not the maker or direct beneficiary of the negotiating decisions, may not have the benefit of the grounding that someone who actually works for the client has. Useless puffery becomes easy. Even within an organization, since all jobs at all levels are insecure in today’s economy, it can be difficult to find a true fulcrum from which to effect internal or external change. And therefore, it becomes easy to be another kind of paper tiger: not just one who acts in an inauthentic manner, but one who mimics speaking from true interests and merely stakes out positions.

Find your ground to make your hit more effective.

Advertisements

Listening and Standing, Part 2

Standing stones on Orkney Island

Active listening can be difficult for four main reasons. One is force of habit. Many people follow the same pattern in every interaction. It varies culturally, but one common pattern for negotiators in the US is to start nice, go through the list of issues, get testy, withdraw and sulk, come back reluctantly, then reach agreement. People are so stuck in their pattern there is no room to listen. Another is distraction from our own internal chatter and moment to moment physical discomforts – the psychologists use the term “internal distractors.” The third is difficulty in connecting with others, which is sometimes a skill that has not been learned and sometimes, as with people on the autistic spectrum, a biological difficulty.  The fourth is learning to listen without judging. Most people can learn to do better.

For many people, learning to quiet and bypass internal distractors is a very powerful tool. Any form of meditation will help with the sound of our own voices in our heads, which then helps with listening. Accepting one’s own physical discomfort in the process also helps with the judging bit. That represents at least two of the four roadblocks to listening.

There is also a very easy qigong exercise to start building your potential. It is called zhan zhuang, or standing practice. For the first position, take your shoes off and stand up. Keep your arms out from your body slightly. Feel a weight pulling at your tailbone, and lightness in the crown of your head like a balloon is pulling it upward. Breathe naturally with your diaphragm, so that you can feel your stomach rising and falling with each breath. Now just stand there. Feel the alignment of your body and any other internal sensations that come to you. Start with a minute or two at a time. Work your way up. When you get to five minutes you will start to see results. 20 minutes is a good goal, since we naturally seem to move in 20-minute cycles of concentration. This position is called Wu Ji, a term from Daoist theology referring to the formless void before creation from which the world ultimately flows – kind of like the “darkness on the face of the waters” from the book of Genesis. While one can get mystical about this exercise, it is immensely practical, both in terms of health benefits (balance, strength, alignment, reducing tension, even some minimal cardio) and increasing the ability to listen. In Traditional Chinese Medicine, it even increases the amount of qi available to you. For those readers looking for kung fu tactics, standing practice is the fundamental exercise for developing internal strength in taiji and certain other internal martial arts. All the fancy hand-waving in the world does no good without the strength to back it up.

There are many further levels of zhan zhuang, but this one is a good start. Give it a try. Whether your goal is to be a better martial artist, mediator, arbitrator or negotiator, listening is a critical skill, and if you can get physical benefits out of the learning process, so much the better.

Kung Fu Tactics: Overcommitment

Fight on Beach at Sunset

As often happens, I made a mistake during sparring practice. As my opponent’s speed increased, I became anxious, not so much that my reaction times slowed but enough that my vision started narrowing down – a normal response worsened by my the fact that my visual attention is subpar to start with. It meant that I was aware of a left punch coming in, but lost track of the right. I intercepted and redirected the left with my right arm, then thinking all was clear I fired off from my left. You can guess where this led. I had overcommitted to a high left punch and couldn’t get my arm down in time to stop my unprotected left ribs from getting slammed.

It may be surprising for those of you who have never studied martial arts, but preparing to fight is not the main reason I train. Most of us are much more likely to do battle with the forces of age and time than to get in a bar fight (at least by my age!). There is also a Zenlike quality about losing yourself in the sensations of your body while detaching your ego from the process (not surprising, since Zen migrated to Japan from Shaolin, where it is called “Chan”). Still, it can be instructive for interacting in other contexts. “Overcommitment” isn’t just a dating mistake.

At the first level, overcommitment is about disclosure. “I’ll show you mine if you show me yours,” is what happens after we find out as much as possible about what “yours” is. Only very rarely will we want to say early on in a negotiation, “this is as far as I will go,” or, “here is everything behind my decision, and if it makes sense you can tell me everything behind your decision.”

The next level amplifies on the first. Don’t give up too much in discussion, if you are unsure whether you may need to hold some of it in reserve to trade for something else. That is like sticking your arm out too far and leaving your flank exposed.

A third level is not to commit while you’re losing focus. If you are sparring, that may mean disengaging for a moment before you strike. If you are in negotiation, it may mean taking a moment for a bathroom break to clear your head with a cold splash of water on your face. If your team is with you, it may mean taking a break to talk amongst yourselves, so you can make sure your perspective is accurate. Otherwise, you run the risk of reaching out before you see that hidden punch coming in.

The key to all this, the way to know if you are overcommitting, is to know where your counterparty is. Keep your vision broad. It may be helpful preparation to theorize about where you want to take a conversation, but ultimately your success in the negotiation depends on your ability to perceive as much as possible the full scope of what your counterparty is thinking. You have to focus on his tactic of the moment enough to respond – that would be the left hook in the story – but you should always keep everyone’s ultimate goals in mind, as much as you can figure them out, in order to see the big picture and not step too far into an untenable position.

Keep your focus, and don’t overcommit.

Kung Fu Tactics: The Eyes Have It

Tiger Eye

When we become agitated, our focus narrows. Literally. We stop paying attention to objects in our peripheral vision in order to hone in on the source of our problems. It’s the “fight” part of “fight or flight.”  Watch someone’s eyes as they get angry.

The flipside is “flight.” If people start to feel cornered, their eyes may dart from side to side as if looking for a way out.  It is not a conscious action.

The third leg of the stool is “freeze,” because a better description of the physiological process is, “fight, flight or freeze.”  Like a deer in headlights, freezing up is a common and normal response to stress, one that is often seen in stress from perceived conflict but which can happen anytime people feel overwhelmed.  As Peter Levine writes in his book Waking the Tiger: Healing Trauma, describing the freeze response of a young impala to an attack by a cheetah:

“One, it serves as a last ditch survival strategy … The cheetah may decide to drag its ‘dead’ prey to a safe place from other predators … During this time, the impala could awaken from its frozen state and make a hasty escape … Secondly, in freezing, the impala (and human) enters an altered state in which no pain is experienced. What that means for the impala is that it will not have to suffer while being torn apart by the cheetah’s sharp teeth and claws.”

When people freeze up, they shut down.  They stop processing visual (and other) information as efficiently. They sometimes develop a blank stare as related cognitive systems disengage.

At one level, you as the negotiator can get a sense of the emotional state of your counterparties by reading the body language of their eyes.  It is a powerful but not infallible tool.  Certain physical or mental illnesses, such as a history of concussions or schizophrenia, may interfere with typical expression.  More commonly, people with better control of how their emotions are expressed may not provide you with strong signals.  You may be dealing with a great poker player.

You can become one of these poker players if you learn to control the signals you are sending with your eyes.  Your counterparty may consciously or unconsciously be picking up on them.  This is where the martial arts come in.

Martial artists learn early in their training that if an opponent is tensing up and staring at his left fist, he is probably going to strike with that one first.  Similarly, they learn to use their peripheral vision so that they do not use their eyes to telegraph their movements.   Kung fu uses a hard stare to freeze the opponent and crystallize attention.  Tai chi uses a softer, less focused gaze.

There is a phrase used in tai chi writings, “qi follows yi [intention], and yi follows vision.”  In other words, look slightly ahead of the part of your body with which you will be blocking or striking.  There’s a contradiction, though.  Yang Chenfu, the creator of the most popular style of tai chi, wrote, “Your mien should be as a cat seizing a rat.”  How does this fit with a softer stare?  A softer stare is more flexible, although you’re still supposed to use your peripheral vision to track the movement of your hands and feet and those of your opponent. You’re supposed to have the intensity of the cat, but with softness.  There is yin with the yang.

If you bring awareness of your vision into your negotiations, and force yourself not to tunnel in, not to jump around and not to tune out, if your intention is a soft focus despite whatever agitation you may be feeling at the moment, you are circumventing the physiological processes that are causing the agitation.  Try to control your eyes. You might find yourself staying more in the moment and becoming more difficult for a counterparty to read.  You will bring more of a calm focus to your actions.

Trust: The Power Behind The Punch

PowerbehindthepunchNegotiation has two goals: convincing the other party to accept your position and convincing them that you will follow through. Many pixels have been spilled over persuasive technique, interest-based negotiation and the like. In most business negotiation, though, trust is also an issue. How do you convey the sincerity and trustworthiness that is needed to make any kind of agreement stick?  People generally will not enter into an agreement with someone they do not trust to live up to their end of the bargain, especially if the agreement is in settlement of an argument. The difficult part is finding a way that works for both parties.

In martial arts terms, the negotiating technique is like the way you wave around your hands and feet. It is the outer form of persuasion, which is important but not sufficient. Knowing how to make the persuasion meaningful is the equivalent of packing power in your punch. You can do it through brute strength (the equivalent of, “You will agree to my terms or else”) or through internal power moves that vary with the technique being applied (“I know this point is important to you”).

On the one hand, it means you have to listen to the other party to try to tell how to get the message through. That can be difficult enough, like looking for an opening to attack. Then you have to find a way to come across as sincere, and not just in the way of a con man that offers sincerity without substance. Some people are comfortable with overt emotional appeals. When other people try that, it seems phony and reduces credibility. Some people can express clear, logical, persuasive arguments. When other people try that, it sounds like a middle school debate team. Some people consciously modulate their facial expression, body language and even breathing. Others seem uncomfortable in their skin when they try that, especially if they try it in a cross-cultural setting in which each party uses different cues. Sometimes, conveying trust means setting up backstops, like escrows or penalties, so your counterparty believes you will follow through.

In martial arts, the rubber meets the road at the point of physical contact between you and your counterpart. After contact, if there’s no power, there’s no effect. In negotiation, the force of the impact is in the tone as much as the message. Most of the time, you will do well if you can find a way to convey a cooperative, trustworthy tone that works for you and connects with your counterparty.

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.

130904682_8

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.

Fists of Fury?

Everyone knows how to make a fist, right? It’s instinctive. When you get mad, your hand balls up. Even so, there is some skill to ye olde fist that they teach in basic kung fu class. Clasp your fingers tightly to protect them; keep your thumb on the outside, wrapped tightly around your second knuckle; and angle your hand downward and outward so that there is a straight line between your first two knuckles and your elbow.

It turns out I can’t make a good fist. My fingers are attached to the knuckles in such a way that my index finger sticks out too far. Even after years of martial arts training, I am likely to hurt my hand if I give a good strong punch. I have to be careful. It is not a major problem, though. As my studies progressed, I learned that there are dozens if not hundreds of different ways to hold your hand to strike or grab, with names that sound like they come from bad action movies: hammer fist, tiger claw, dragon claw, crane’s beak, snake punch, unicorn strike.  “Fist like an arrow,” or the straight punch, is only one of them.  Some of them work for me, like the styles they come from.  Others do not.

The same is true of negotiation. Some people take the first instinctive course that comes to mind, acting directly and with instant escalation of the argument. It can be easier to lash out at provocation than to step back and ask yourself, “How can I get what I need from this interaction?” How many times have you seen someone try to push his position across by force regardless of his relative bargaining power rather than appeal to whatever reason, emotion or externality will convince his counterparty?  It is like using a regular fist against a wall, or using your strength to try to block a linebacker.  Maybe you can do pull it off, maybe it is a legitimate response to the circumstances, but it does not always make sense.  It can be a strategic error.

The flip side is that many people fall back when faced with aggression. That can be a legitimate response, too, but is it the right one at the right time?

In a real physical interaction, you would respond to provocation with an appropriate level of reaction.  If you are under threat of horrible injury, your goal may be instant savage incapacitation. Most of us are better off crossing the street to avoid the threat. If you have to engage, then you may be best off with a quick incapacitating blow rather than the limb shattering moves of most kung fu street fighting forms.  Otherwise, you may be the one who ends up in jail.  In a verbal argument, there are also levels of response.  Consider an argument with your spouse.  “Another way to look at it might be …” may be a better way to make your point than, “Stop acting like your mother!” Take a step back.  Pause.  Then decide:  maybe deflect, maybe engage in a surgical strike, maybe walk away.  Think about the range of what you can do.

Negotiating With a Dragon

Dragon

The Chinese Dragon is not like the European fire-breather.

Negotiating with a dragon, whose element is water, can be a rare and trying experience.

The Chinese dragon is not the fire-breathing creature that St. George killed: it is the bringer of rain. The mythical dragon has aspects of all the other animals, and is comfortable everywhere: beneath the seas, slithering like a snake, striking quickly like the leopard, leaping powerfully like a tiger, flying through the air like a crane. Its body moves like a wave, rolling in then falling back, appearing then moving quickly to disappear and reappear. The dragon’s kung fu power comes from everywhere the other animal forms get power, but especially from a twisting motion of the spine. Imagine how the dragon in the photo would move.

The organ system associated with the dragon in traditional Chinese medicine is the kidneys. A major function of this system is energy storage. People who channel their inner dragon are rarely lethargic, unless they are ill. Once the energy is drained, it may take time to refill. While a discussion of energy is off point, keep the general idea in mind.

How do we identify a dragon? A dragon can appear as a willful person who is hard to pin down (in negative aspect) or a sagacious trickster with a strong presence (mixed) or someone who seems powerful, understated and capable (all positive; think Bruce Lee’s screen image). The dragon, like water, is always moving, so if you see someone who moves flexibly and circularly in all directions, that person may have dragon aspects. One thing you should be careful of is that many people have learned some basic taiji, which is from a different Shaolin-derived system but still associated with water. I don’t know much aikido, but I have known practicioners who have airlike or waterlike movements.

Once you’ve found your dragon, what do you do with him? As in movement, the dragon can do anything any of the other types can do, plus some. Take notes! The thing about water is that it always wants to flow downhill. Cut the roots, eliminate or redirect the flow, and you have defeated your dragon. That can be difficult, though, and you’re likely to get hit along the way.

In order to keep yourself safe, consider how your own personal type interacts with the dragon. In one example from the five element theory, water extinguishes fire. Dragons are tough for tigers to deal with, because they’re evasive like the snake or crane but aggressive and relentless like the tiger herself. Tigery force with no place to land gets frustrated.

If you think back to all the people you have known, personally and professionally, you can probably picture many of the major animal archetypes. It is said that true dragons are the rarest. However, most of us have “watery” aspects. Even if you see just a hint of dragon in someone with an otherwise wooden personality, flag the observation. It may help.

Negotiating With A Crane

Crane

Negotiating with a crane, whose element is air, requires taking care not to fall into a trap.

If you ever see cranes or herons fighting, they flap their wings a lot. They have thin, hollow bones, so much of the flapping is to deflect anything coming in from their opponent. They evade.

So, too, with crane kung fu forms.  In martial arts theory, there are two kinds of blocks, yin blocks and yang blocks.  A yang block is force on force, using your strength to counter a blow.  A yin block is not being there when the punch is ready to make contact. Crane forms certainly have yang elements, but do rely heavily on yin blocks. Evading and redirecting other people’s force is one of the things the crane is known for. A good crane’s effortless redirection makes one feel like one is punching at air.

When I was first learning a crane form, I was told to (i) take everything about the tiger form that makes it a tiger and (ii) take it out. The rote memorization of the tigery forms I know were harder to learn, but the crane has been much harder to master. Crane forms done well look light, airy and graceful. For many of us, I’m reminded of a Chinese saying about efforts undertaken in vain: “A tiger drawn badly looks like a dog, and a heron drawn badly looks like a duck!”

A crane’s evasiveness can come across as passive-aggressive or conflict avoidant. There are some people with whom it is hard to carry on a difficult conversation because they just won’t engage.That is a valid strategy. If you encounter it, the best thing to do is to decide whether the non-engagement is based on fear of conflict or on calculation. If it is the latter, the goal, conscious or unconscious, may be to draw you into a position in which you are subject to attack. You can respond in kind, but then the negotiation can consist of wing flapping without getting much done. Conversations between two crane types can be difficult even for the best mediators, since issues become hard to resolve if neither of the parties will pin themselves down to a concrete conversation about the issues. The aggressive tiger may find himself caught in a trap the crane set as she withdrew or become so frustrated that he makes mistakes. A better response might snakelike: be calculating back.

Crane tendencies are hard to spot in the way that people carry themselves. Many people who do crane forms well have thin bodies and long limbs, although some bulked-up middle-aged men are excellent at it – it’s a question of body control. Look for people who hold their spines stiffly, like the leopard, but move fluidly. Still, gracefulness is a rare commodity. Sometimes the essence of redirection is to redirect our attention.

The theorists among you may see shades of the Thomas-Kilmann conflict modes, but that’s for another discussion.

Paper Tigers

Tiger

The Fearsome Tiger

Tiger kung fu forms can be fun to practice. They often have big, athletic movements with leaps and yells. The outer layer of applications is easy to see (although each form still has layer upon layer of hidden applications).

Not every movement is a useful application for everyone, though. Many tiger movements work best for big, athletic people, but not so much for smaller folks. After all, in the wild, the tiger is a large and powerful predator.

On the flip side, not every big, athletic person moves like a tiger. The physiology of the tiger has certain requirements, but a person must have the right neurology, too. Some people are more lumbering than aggressive, or don’t have the coordination to do well with some of the more circular movements.

In a negotiation, some people use their positions within their organizations to let loose their aggressions. We see this often in lawyers: in their personal lives they may be meek, but when they are arguing on behalf of someone else they can be aggressive to the point of being offensive. Like people who just go through the motions of being a tiger, it is not what they really are, and to many of their counterparties the inauthenticity is more annoying than effective. One tactic you can take with the fake tiger is to follow the classic Art of War:  “If you know your enemy has a bad temper, seek to irritate him!” Then he will make mistakes. Alternatively, you can also appeal to his vanity or insecurity.

If you negotiate from a point of inauthenticity, your counterparty can take advantage of your weakness. The fake tiger isn’t really passionate, just a loudmouth. The fake snake isn’t really cunning, just transparently sneaky. Learn your own natural negotiating style! As the Art of War also advises, “If you know your enemy and know yourself, you will face a hundred battles without danger.”

Next post, we will go back to the big-picture discussion with the Shaolin Crane, but first I wanted to give you a sense of how these academic-sounding themes can play out in the real world.