Blog Archives

Putting the Pieces Together

scattered dominoes

Kung fu masters have come up with many teachings that sound poetic but are extremely practical. For instance, people who practice Chen style tai chi say, “Don’t hit. Kick with your hands”: have a complete connection between your sole and your fist. It goes along with a Yang style tai chi saying that is a bit more explanatory: “All movement is rooted in the feet, controlled through the waist and expressed in the hands,” or one of the core principles of every style of tai chi, “If one part of me is moving, all parts of me are moving. If one part of me is still, all parts of me are still.” The endless hours of horse stance practice from external martial arts styles and standing qigong (zhan zhuang) from internal styles are not just to make one’s legs stronger and alignment better, but also to teach students to feel the connection between all parts of their bodies, how extra tension in the calves translates to imbalance that makes them hold their shoulders more tightly and painfully. The training even reaches further inside the student’s body, teaching him to breathe with more coordination, as in the “microcosmic orbit” breathing from the external styles or “back breathing” from the internal styles. Some Ba Gua students even claim to be able to control the operation of their internal organs. To these students, everything must work together, even, ultimately, autonomic function.

If you are negotiating with someone and your mind is spinning in a million directions, your distraction provides an opening for your counterparty to step in. Your arguments are not cogent. You do not project calm confidence. You forget facts and mix up conversations. Your constant retreats to your phone screen signal disrespect. While it is wrong to see the outcome of every discussion as either win or lose, if you are scattered, you are setting yourself up to lose. Do not be like the tai chi student who merely waves her hands around without the internal connections, whom the masters describe as “scattered and confused.” It is not a new age concept to learn to focus better!

Similarly, if you are speaking on behalf of someone else – whether it is your company, your employer or a client – it is your responsibility to make sure that the chain of communication and decision making reaches as far back as it has to. That way, you speak with the strength of the whole rather than just for yourself.  If a company can say, “We hear you, but after consideration this is how the Board has decided to go,” it has much more strength than, “I’m not sure, but I don’t think we can do that.” All the parts of the organization should work together, or else, like the student struggling in a horse stance, some part is going to start complaining.

Realistically, this sort of integration and coordination is more an aspiration than a requirement. No person is focused all the time and no organizations work coherently all the time. As calm and grounded as you may feel on Tuesday, by Wednesday things may change. However, if you mirror the kung fu master, who finds something to improve every time he practices, the effort will pay off. In the meantime, like the student holding an uncomfortable position, find ways to strengthen the situation. Work on communications within your company and lobby your boss to get buy-in at all levels on your issue. Learn to use interpersonal cues to look like you are focused and attentive, and it will strengthen your connections. Take up yoga, tai chi, other martial arts or something that connects your movements. These small steps add up.

Advertisements

Kung Fu Negotiation: The Multi-Level Attack

 

 

 

 

After some time off over the summer, we’re back with more!

Toy Kung Fu Fighters

One martial arts tactic that translates well to litigation and other high conflict, win or lose situations is the multi-level attack. A negotiator can use it too, but if the relationship between the parties is important it can backfire and inflame tensions.

The multi-level attack relies on the fact that people have trouble keeping their attention on more than one dangerous stimulus at a time. There are two related versions. One is to distract (feint) and to strike. The other is to hit two spots at the same time.

Distract and strike carries over the best. In the well-known “jab-cross” that boxers use, the jab is a poke with one fist to draw the opponent’s attention, and the cross is a second punch with power that follows an instant later. There are many kung fu techniques that involve a snap kick to the groin that may or may not make contact, followed up an instant later with a strike to the face or another vulnerable spot. Distract your opponent with one thing, then follow up with a hard-pressed point that is really important to you. It is a variation on what negotiation theorists call “positional bargaining” in which a party stakes out a strong position knowing that he will back off of it in exchange for a concession elsewhere.

Other techniques involve striking more than one place. For instance, a complicated move from the Hung Gar Tiger-Crane set is called “Crane Flashes Wings”: one hand blocks, the other slashes across the opponent’s eyes while a snap kick comes in from below. Northern Shaolin Long Fist has a number of these techniques, including the well-known “Simultaneous Kick and Punch”: a snap kick to the groin and a punch toward the face, followed by a very powerful punch that will break your hand if you are not prepared to follow through. Even Yang style taiji has a nasty (and impractical) move with the poetic name “Step Up, Advance Seven Stars,” which is either (i) a simultaneous kick and crushing of the windpipe or (ii) a simultaneous low kick, punch to the midsection and punch to the face. In litigation, the equivalent is filing multiple motions, separating issues into multiple pieces of paper to appear before the court or even filing multiple complaints. I have been involved in a few disputes in which there were five or six separate actions pending in five or six separate state and Federal courts on essentially the same matter. By focusing the opponent’s attention on multiple attacks, this approach runs up the cost and the annoyance of continuing the conflict for the opponent. It is useful to demonstrate overwhelming strength, resources and determination, but is most often used when one is weak and wants to pick up a few victories to turn the tide of the conflict.

If you are on the other side of one of these attacks, your options may be limited. In martial arts, the masters have developed a counter-technique for each technique that might be used against them. In personal interactions, your response may be to step back and not engage (what the martial artists call a “yin block”), or to engage on each point if you do not know what is meaningful, or to draw the conversation to the point you deem the other side’s position to be weakest (the equivalent of the martial arts joint lock). In litigation, you have to respond or risk default, although motion practice and asking for continuances attenuates the power of the attack while running up the cost of continuing the dispute for both parties. Continuing the pain can be a good strategy, since people often agree to resolve disputes only after they are tired of the fight.

In a confrontational situation, conflict fatigue can help parties step back and engage in “interest based negotiation” – figuring out what is important, negotiating about that and letting the rest fall into place. It is like being able to tell the feint from the strike, or knowing how to push the opponent off balance so his wildly swinging fists do not strike their target. Sometimes you have to carry on the fight long enough to get there.

The Four Flavors of Respect

[This one comes from a reader’s request and written with the martial artist in mind.]

The dictionary defines “respect” as being esteemed or honored.  Why is one esteemed or honored?  Because of some personal quality or achievement.

1.  Fear is Not the Same as Respect.  Too many people confuse fear with respect.  When I was eight years old, my first martial arts teacher, a former Green Beret, described to us the popping noise it made when he cut the throats of Viet Cong soldiers with piano wire.  His senior students were creepy, too, all big fans of choke holds and neck throws.  I was scared of them – eight years old! – and quit after a year.  They were not what I wanted to become. If you are a bully of a teacher, your students will fear you and you will attract students who want others to fear them. They will never hold you in high esteem, only your fighting skills. The same holds true for people in leadership roles in any walk of life.

woman holding up palm

You want respect?

2. Personal Integrity.  On the other hand, if you have personal integrity, you will attract those who respect you, not just your skill set.  As Grandmaster Wong Kiew Kit writes about kung fu masters:

“The most important quality, however, the quality that distinguishes true masters, is that they teach and practice high moral values.  Some people may be very competent in their art, and may even teach well, but if they swear and curse, seldom keep their word, glorify aggressive fighting or are fond of sleeping with other people’s wives, it is best to stay clear of them.”

3.  Acknowledging Limits.  You demonstrate a third kind of respect every time you practice with your fellow students: respecting each others’ limits.  Although different schools have different expectations, each of you has consented to the engagement and agreed that neither of you will do serious injury to the other. You have to learn control of your body, behavior and emotions in order to be an effective student, or else your fellow students will want nothing to do with you. You are one cracked rib or bloody nose away from being shunned.  When we slip up (which happens), the better among us apologize, acknowledging that we have crossed a line, in order to defuse the anger that might result.  What if we are the subject of the slip-up?  We learn to accept the apology without letting the anger bubble up.  Our own self-control and respect for our opponents is a major source of others’ true respect for us.

It is this third kind of respect that serves us well off the mat.  Kung fu philosophy disfavors mercilessness when it is not needed.  Do the minimum damage to achieve your goal – like the tai chi master brushing an opponent away like a fly, or a master of joint locks immobilizing without shattering limbs.  That is respect for your art and even the humanity of your opponent.  If you show that kind of respect for your opponent, you are likely to de-escalate the conflict.  After all, if he is afraid you will injure him, he is likely to lash out in self-preservation.  He is likely to respond to your disrespect with his own.

4. Respect the Consequences. On the other hand, at some time in our lives all of us have to fight hard for something off the mat.  If the situation is so bad you cannot fight with respect for your opponent, at least respect the consequences. If you seriously injure someone you may face jail time. If you act viciously it invites revenge.  If you develop a reputation for amoral ruthlessness it makes people wary of you, not respectful.  Although you may have to take a tough line, do it carefully and with forethought.

14 Principles of Kung Fu Negotiation

Kung fu master, golden rooster stands on one leg

People respond to verbal conflict the same way they do to physical conflict. The same adrenaline starts to flow and our minds even adopt some of the same strategies. Being aware of these strategies is one of the essences of Kung Fu Negotiation. Whether you are sparring with your fists or with words, there a handful of basic principles:

1. To the extent you can, pick your battles.

2. Know your goals: why are you fighting?

3. Do not get hit. Block, avoid or redirect.

4. Learn to take some punches since you can never be sure you will be able to follow Rule #3. For instance, in external kung fu styles, there is “iron body” training, and in internal styles there is “iron bell.” In life, there is learning to be more thick-skinned.

5. Simultaneously block and strike. Every time someone comes after you, they leave themselves open, somewhere, somehow. This is one of the first things that beginning kung fu students are taught: it is dangerous just to block because eventually a punch will get through. In a difficult conversation, even if you are not always on the offensive, you should be prepared to be.

6. Create an opening. If someone’s guard is up, take it down. If someone punches at you, reach around the punch to hit him in the ribs. If you want to persuade people, think about whether to engage their objections directly or find a way to work around them.

7. Pick your target. In a physical fight, there are a number of spots that are good to aim for, and a number that are not. It may be better to aim for the stomach than the shoulder. In a really nasty argument, it may be better to slap your counterpart down than to engage on his terms.

8. Don’t overextend. You leave yourself off-balance if you punch too hard in a fight and exposed if you put too much on the table at the wrong time in a negotiation. It is even true for disclosing information.

9. Take care with your anger or other strong emotion. If it motivates you, it can be your friend. If it blinds you, it can be your enemy. Acknowledge it but be careful before embracing it.

10. Always be aware of your adversary. Do not look away. Anticipate his moves. Stay connected. In a negotiation, look for his actions and reactions. Be aware of when to be persuasive, when to push, when to connect, when to take a step back.

11. Always be aware of yourself. In a physical fight, know your strengths, weaknesses, body position and balance. In a difficult conversation, know your flash points and honestly evaluate your ability to be persuasive under pressure.

12. Decide how much damage you need to inflict to achieve your ends. Do not exceed that amount. For instance, if you are talking to an employee, you probably do not need to crush her. In most conversations, de-motivation is not your goal.

13. It is best to live to fight again another day. If you cannot win, find a way to withdraw safely. Gracefully concede the point. Restrain your ego.

14. Remember that withdrawal can be a strategic prelude to an attack. If your adversary sees weakness, it may draw her in, giving you the space and time to set up the right attack. It is OK to lead with a question.

Dit Da Jow Recipe

The Kung Fu Mediation blog has three groups of readers:  martial arts people, negotiation/dispute resolution people and those who do both.  This post is aimed at martial arts readers.

Woman throwing punch

I’ve received e-mails from all over the world in response to a post from a few months ago on How to Make and Use Dit Da Jow, which in turn was a follow-up to a post on Kung Fu Negotiation: The Iron Palm. People have been asking for more information on how to make Dit Da Jow, an herbal compound that is supposed to toughen the skin and reduce injury from repeated strikes.

My English handwriting is bad and Chinese handwriting is even worse. However, if you don’t mind squiggles, please click on the link for a PDF of a Dit Da Jow Recipe that you can print out and take to a Chinese herbalist. The herbs should cost less than $10. The prior post explains what to do once you’ve acquired the ingredients.

In addition to the disclaimers in the earlier post, please be aware that:

  • It takes at least 6 months of infusing in alcohol to get really powerful, but you can start using it after 3-4 months.
  • Dit Da Jow becomes a strong smelling potion. My wife complains when I use it.
  • This recipe creates a powerful vasoconstrictor. In other words, it causes the small blood vessels to contract to help control bruising. However, it also makes your hands cold. It’s really important to run your hands under hot water before applying, both to improve absorption and to keep your hands warm. The masters say that the warmth is important for qi development. I say it makes the training less uncomfortable.
  • Because of the smell, because the herbalists tell me some of the herbs are poisonous if ingested and because it feels better to limit the vasoconstriction, I always wash the stuff off in hot water after it sits for a few minutes.
  • The shelf life should be at least several years. I have received mixed messages on whether to strain the herbs out after a period of time.
  • The original source of this recipe was a commercial distributor that is now out of business. They told me that it is specifically designed for use on the hands, but I’ve used it on my arms and elbows too.

Finally, please, please remember that while Dit Da Jow helps, it’s not magic. It is easy to break your hand or wrist when you are trying to break too many boards (at higher levels, coconuts are a traditional target, too – but not for old guys like me). Train safely!

Negotiation Like a Kung Fu Master: Duck!

duck

It is good not to get hit.

If someone punches at a kung fu master, the master has many choices.  He can block the punch, redirect it so its energy is harmlessly dissipated, strike back at the same time he is protecting himself, trap the punch momentarily while he lashes out with a kick, lock the puncher’s elbow, wrist or shoulder joint in order to immobilize and control him or even use the energy of the punch to throw the puncher across the room.  He can also be somewhere else when the punch arrives, a so-called “yin” block. There is no shame or cowardice in not taking a blow.  It is OK to duck if you know your next step.  As long as the punch does not reach you, you are safe.

For the negotiator, the situation dictates the nature and level of your response. Sometimes it is better not to engage.  For instance:

  • Faced with a situation in which you are eventually going to lose, it may be better to postpone conflict for as long as possible.
  • When someone is trying to bait you by engaging in personal attacks or otherwise pushing your personal or organizational buttons, it may be better to ignore the behavior than to ramp things up.
  • When your counterparty is agitated, it may be better to let him tire himself out or become more annoyed rather than trying to negotiate with him in that state.
  • When your counterparty is a moving target, it may be better to let him settle into a position before you respond.
  • When your counterparty is not in a strong enough position to do damage or merit a response, it may be the best use of resources just to keep an eye on the situation.
  • When you are waiting for external circumstances to turn more favorable, it may be better for you to postpone an exchange.

So, where does that leave our fearless negotiator? After avoiding conflict, does he stand his ground? Does he strike angrily at his counterparty?  Does he do like Sir Robin in the movie Monte Python and the Holy Grail:

“Brave, brave Sir Robin/Bravely ran away/Away, away, away he ran/Oh, brave Sir Robin!/When danger reared its ugly head/He bravely turned his tail and fled/Yes, brave Sir Robin turned about/And gallantly he chickened out ….”

The answer is easy.  Use the time in which you have not engaged to position yourself to respond.  Whether you are thinking about the best response, marshaling organizational assets, dealing with internal organizational politics, letting your counterparty dig himself a hole or even preparing a better escape hatch, you may be able to improve your negotiating position for the next round of talks.

It is a mistake to confuse doing nothing with being ineffectual.  Sometimes, stepping out of the way is the best thing you can do.

Kung Fu Tactics in Negotiation: Using Soft Techniques

water drop

We Americans are raised in a culture that values directness and aggression.  As a result, most of us have a hard time grasping one of the great negotiating skills:  softness and strategic yielding.  While it may be difficult to master, it can be disarming and effective.

In his forward to Yang Chengfu’s The Essence and Application of Taijiquan, Zheng Manqing (Cheng Man-ch’ing) writes, “The way that softness subdues hardness is gradual, while the way hardness subdues softness is abrupt.  Abrubtness is easy to detect, so is easily defeated.  It is more difficult to sense gradualness, so it often prevails.”  People often think of “soft” as meaning “weak” and “hard” as being powerful, especially when it comes to physical fights.  Yet anyone who has ever seen a taiji (tai chi) fighter  knows that yielding and neutralizing can be incredibly powerful techniques (check out some of the endless online video clips).  If you are not there when your opponent strikes, he may be thrown off balance, leaving an opening for your counterattack.  That is especially true if his punch is hard and abrupt, leaving him no way to respond to you other than to hope he can pull back and reload.  The art comes in making him think you are there, right up until the last instant – a technique from internal martial arts like taiji “push hands.”  A variation from the external martial arts is known as a “yin” block, or disappearing from the place your opponent is trying to contact, as opposed to a “yang” block like knocking a punch out of the way.  Some of the Crane techniques are great examples.

How do “soft” and “hard” work in negotiations?  The key to “hard” is full frontal strength, over-muscling your counterpart.  That works if you are big enough, but try negotiating the boilerplate in your car lease and see how far you get.

There are two keys to “soft.”  Knowing how to yield may mean picking your battles and not making every point a bone of contention, like you have to do when dealing with a difficult two year old.  It may mean seeming to acquiesce, in whole or in part.  It may even mean asking for more and more explanations, or spending time on ancillary issues.  These are all techniques you can use for other reasons in any conversation, but they are also techniques for yielding and neutralizing.

The other key is timing.  Sometimes when you ask people to explain themselves over and over again because you just do not get what they are saying, they wear themselves out.  You can feel them starting to hear their own logical gaps, and then you come in with a counter to move them off their position.  When you have circled around an issue for long enough, your counterpart may grow impatient and feel the need to jump into the more difficult issue in an awkward way that sets you up in a better position.

The essence is to pay attention to the gaps.  It is traditionally referred to as the old strength being exhausted:  your time to strike is the moment between your counterpart’s extension of the old punch and its retraction in preparation for the new.  Consider that in the ebb and flow of the conversation.

Kung Fu Negotiation: Double-Secret Tai Chi Skills

keys, secret

Here’s a martial arts secret that is not really so secret: each movement in a form can have more than one application.

In Tai Chi, for instance, it is said that each movement has at least four applications: a block, a strike, a joint lock and a throw. Take the famous “Wave Hands Like Clouds,” for example. As you shift your weight to your right foot, your right hand waves slowly across your face, then moves in a circle downward as you shift your weight to your left foot and your left hand comes up to wave slowly across your face. Block a punch to the face? Sure, as your hand comes up and across. Strike your opponent’s face? Sure, if you’re close enough. Joint lock? It slips directly into one called “Dragon Holds A Ball” in external forms. Throw? Create the joint lock and keep the circular energy going around and down to the ground, following your counterpart’s body.

Different negotiators and different mediators have different styles. No one style or application of that style is the “right” one all the time. If you figure out your own style and master it, though, you will be able to pick and choose your approach to a given challenge, the way the kung fu master might use a block or redirect in one context but in a more violent one fling an opponent face first onto the floor.

Take our hypothetical Tai Chi negotiator. As he is sitting in his conference room, someone across the table makes a ridiculous demand.

The block: He can swat it away and dismiss it, then go one with the conversation. It would be the “you don’t need that, let’s move on” approach.

The strike: He can counter with an equally ridiculous demand, setting up what negotiation theorists call a positional bargaining situation rather than an interest-based negotiation. His strike will be followed by a block and possibly a counteroffer. “A thousand dollars?  Maybe a hundred at most.”

The joint lock: He can engage in a substantive discussion and try to pin his counterparty down. Talking smoothly, the noose tightens.

The throw: While seeming to draw his counterparty into a substantive discussion, he can flip the ridiculous offer into something that embarrasses his counterparty into concession. Wait for the counterparty to tap out.

All this takes mastery.  It is easy to say, “Talk smoothly,” but actually being able to do it is a significant skill. It is easy to say, “Flip that jerk across the table onto his face,” but it is at least as hard to do that figuratively as it is to do it literally.  Think about it in your next negotiation. If you are wearing a mediator’s hat, think about guiding the parties into the right negotiating modes. Chances are, they will already be in a block-strike pattern when they walk through the door.

If you come to the table with the mindset of a kung fu master, you will know what to do.

Shamanism, Martial Arts And Negotiation?

Sorry, this is a strange post, even for an offbeat blog like this one!

I’ve recently come across a couple of articles suggesting that the origin of martial arts lies in ancient shamanistic practices rather than the practical need for self-defense. For instance, there’s this article on “Shamanism and the Origins of Martial Arts,” and this article on “The Shamanic Origins of Tai Chi.” The latter article begins by describing how much a “spirit dance” by a shaman of the Ka-ren tribe in Thailand reminded the author of tai chi.

Figurine of unknown origin doing exercise similar to Chi Gong

These ideas are interesting, particularly since the shamanic roots of Daoism are well-accepted in academic literature. As all you kung fu masters and other readers know, Daoism has played a key role in the development of tai chi and other martial arts. The way most of us practice, though, the ideas are a bit of a stretch – but if you feel like you are channeling a noncorporeal snake during training, who am I to argue? Teachers have been telling me for years to figure out how to BE a leopard, so I hope somebody gets it even if it eludes me! The fact that this is an often-used teaching method suggests that there is something to it, even if you are not a member of an animist tribe.

As an armchair anthropologist (who actually spent some time among the Ka-ren, a long time ago), I wonder how this carries over to daily life. If a modern person negotiates with the intense, quiet focus of a snake, is he engaging in the contemporary equivalent of a shamanistic spirit dance? Does the answer vary culturally, depending on whether that person is a woman in Boston or a man in the Philippines? It would make a nice research paper for someone.

With some mediators I know, the answer is clearly closer to yes! The Wikipedia definition of shamanism states, “Shamans act as mediators in their culture” (mediating between the living and the spiritual world). The Association for Conflict Resolution has a Spirituality section. Many mediators are explicitly motivated by religious ideas – I can name half a dozen people who have expressed this to me in terms their own backgrounds, as pastoral obligation, doing God’s will on earth, healing the world, etc. Some of these people are incredibly effective.

If this sense is a motivation for your work as an advocate, negotiator, mediator or even arbitrator – whether you want to BE the tiger or BE the balancing point – you can take it to the next level. Try adding in some physical elements, like those the shamans use.  Kung fu training may give you an archetypal boost.

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.