How to Play Hardball

When it’s down to brass tacks in negotiations, what do you do?

When it comes to playing hardball, it may seem that strength conquers all, but successful negotiators know that getting what you want can also mean taking a subtler approach. This month we get schooled in the “art of the ask” by two pros: Vancouver-based NHL agent Ross Gurney and distinguished labour mediator Don Munroe of the law firm Heenan Blaikie.

THIS IS NOT YOUR FATHER’S OLDSMOBILE
For many, learning how to negotiate meant watching as Dad talked to a car salesman in a glass cubicle at the Richmond Auto Mall. However adept your father, the negotiation was a pro against an amateur. In today’s information-rich environment, an initial lowball offer and the tenacity to stick to it just aren’t good enough. “I don’t believe in bluffing,” says Gurney. “I don’t believe in overasking.” His goal is, rather, to build consensus around the idea of the value of his clients. The point is that it’s better to value your asset accurately than to oversell it.

TAKE BABY STEPS FIRST
It’s important to establish your position early, but don’t swing for the fences or present too forbidding an aspect. A take-it-or-leave-it approach can backfire if the other party does, in fact, decide to leave it, says Munroe. “You want to take a tough position but not one so tough that the other side says, ‘I’m going home.’ ” Digging in your heels too much indicates you’re unwilling to look for a mutual win. Identify which points are negotiable and which are off the table – for you and the other party.

DON’T LIE
In a tough negotiation, the temptation may be to get creative with the truth to score short-term gain. Don’t. Munroe, who mediated high-profile cases such as the infamous Giant Mines dispute of the early 1990s, says honesty is crucial to playing hardball well. “You don’t cross an ethical boundary just because you’re being unusually tough,” he says. Gurney concurs: in his profession, you have to be ethical, since “it’s a relatively small community and agents talk.” The lesson? You’re only as good as your reputation.

KEEP DOWN THE VITRIOL
Negotiations can get emotional, especially when the stakes are high, and it’s vital that you not let hard feelings stand in the way of hard-earned gains. Repress your emotions. That’s not to say you should be indifferent to the outcome, of course. As Gurney points out, you need to represent a cause you believe in. It’s not that you’re unconcerned or impartial; it’s that you’re making sure your pulse doesn’t cloud your judgment.

BE A CAUTIOUS VICTOR
While hardball may be war, a savvy negotiator knows that once you’ve won, it’s better to leave the village standing than to sack it. A win-win is better than a win-lose. Once you’ve got the upper hand, know when to pull back. It’s crucial to let the other side walk away from the table with something – and, just as importantly, to feel that that is what they’re doing. Unless you’re a poker player, it’s not about winning all the chips on the table – just the most.