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Resisting and Using Cognitive
 Biases to Get a Better Deal




                                1
if you know your enemies and know
                          yourself, you will not be imperiled in a
                         hundred battles; if you do not know your
                          enemies but do know yourself, you will
                         win one and lose one; if you do not know
                          your enemies nor yourself, you will be
                               imperiled in every single battle

                                      sun tzu孫子
                          6th century bc general, the art of war


                                                                   2
© Victoria Pynchon ‘07
 a theory of the mind

       the three cognitive biases
       that interfere with our ability to
       negotiate the best deal

       three really good ways to
       combat those biases

       and two ways to consistently
       get the better deal



                                            3
© Victoria Pynchon ‘07
theory of mind




                                          4
© Victoria Pynchon ‘07
our ability to reason arose from our need to understand one another’s
   intentions and motivations, allowing us to coordinate within a group




                                                                   5
© Victoria Pynchon ‘07
but we never learned to read one another’s minds; suspicion followed




                                                                   6
© Victoria Pynchon ‘07
we developed
     certain
  tendencies of
 thought called
    cognitive
     biases


                         universal ways of
                         thinking about
                         what motivates
                         other people


                                       7
© Victoria Pynchon ‘07
cognitive biases that interfere with our
               ability to negotiate a good settlement


                              CB 1: reactive devaluation

                              CB 2: confirmation bias

                              CB 3: clustering illusion




                                                           8
© Victoria Pynchon ‘07
How they work; why they’re harmful &
          how we can avoid their ill effects




                                           9
© Victoria Pynchon ‘07
2 ways to consistently gain
                             the upper hand by
                              anchoring and
                              framing



                                                       10
© Victoria Pynchon ‘07
what do we most want to know?
                                     11
© Victoria Pynchon ‘07
What are they
• What’s their bottom line?
                               Thinking?
• Are they withholding
  evidence that
  undermines their case
  and supports ours
• What do they really need
• How do they value their
  case
   – Their chances of
     winning
   – The amount of their
     damages
                                              12
onlyseven percent
             of negotiators
             sought
             information that
             would have
             revealed
             opponent’s true
             goals when it
             would have been
             dramatically
             helpful to do so.

                                 13
© Victoria Pynchon ‘07
What type of
information would
  drastically help?
                      •   Their future plans
                      •   Their motivations
                      •   Their fears
                      •   Their desires
                      •   The basis for their
                          offer/demand


                                            14
Failure to ask
                         diagnostic questions
                             is particularly
                         troublesome in light
                         of the fact that YOUR
                          belief about THEIR
                         bottom line will have
                           more influence on
                          the outcome of the
                         negotiation than any
                              other factor

                                                 15
© Victoria Pynchon ‘07
Let’s return to the cognitive biases that might
              keep us from asking these questions




                                                      16
© Victoria Pynchon ‘07
reactive
              devaluation

      the tendency to discount as
        unworkable, unworthy,
       wrong or even sinister any
          suggestion from the
      opponent, just because the
       opponent is the source of
               the idea



                                    17
© Victoria Pynchon ‘07
reactive devaluation
                         prevents us from learning another’s mind

                                what do they want/need
                                 what do they have of value
                                    how do they value it
                              how do they value what we have
                           why do they want what they are seeking




                                                                    18
© Victoria Pynchon ‘07
solutions for reactive
                                devaluation

                           ask diagnostic questions

                         Interests
                            need $100K to design new
                            trademark
                         Priorities
                            trademark design less
                            important than renegotiation of
                            royalty agreement


                                                        19
© Victoria Pynchon ‘07
confirmation bias

                                     tendency to
                                     search for and
                                     interpret
                                     information in a
                                     way that
                                     confirms our
                                     preconceptions



                                                        20
© Victoria Pynchon ‘07
confirmation bias
                  prevents us from knowing our own minds/risks



                                           Case
                                        Evaluation




                          Credibility
                                                 Risk
                                             assessment



                                                                 21
© Victoria Pynchon ‘07
confirmation bias
                             solutions

                         neutral third party
                         story telling




                                                22
© Victoria Pynchon ‘07
clustering illusion



                                                               we tend to see
                                                               patterns where
                   •We tend to see patterns where none exist


                                                               none exist


                                                                            23
© Victoria Pynchon ‘07 ‘07
    © Victoria Pynchon
clustering illusion problems




           inhibits ability to “read the mind” of our enemy
           prevents us from accurately assessing
              •perils
              •opportunities
                                                               24
© Victoria Pynchon ‘07
clustering illusion
                                solution:

                         strategic joint sessions




                                                 25
© Victoria Pynchon ‘07
How do we
                         influence others and
                         prevent ourselves
                         from being
                         irrationally
                         influenced?




                                                26
© Victoria Pynchon ‘07
two cognitive biases we can
                             immediately use to . . .




                  . . . influence & avoid being influenced
                                                             27
© Victoria Pynchon ‘07
anchoring

              we tend to be
              influenced by
               any number
             that enters the
                negotiation
               environment
                                     28
© Victoria Pynchon ‘07
the negotiator who
        makes the first
       reasonable offer
          will set the
       bargaining range
         for the entire
          negotiation

                           29
© Victoria Pynchon ‘07
resist anchoring




                           create own false anchor
                          move toward that number    30
© Victoria Pynchon ‘07
framing
                          influence or
                         be influenced




                                         31
© Victoria Pynchon ‘07
framing
          a means of
          influencing
           another’s
        perception by
        narrowing the
      ways in which an
       item or an idea
                         what if you had to measure the size of
             can be        something by using two frames?
        characterized       what if you could only use one?

                                                              32
© Victoria Pynchon ‘07
framing experiments
       • how tallwas the
         basketball player
          –79 inches
       • how short was
         the basketball
         player?
          –69 inches
                                               33
© Victoria Pynchon ‘07
language that emphasizes
            use framing in     position
             negotiations        buyer uses words of
                                 diminishment
                                 seller uses words of
                                 increase
                             reframe losses as gains &
                               gains as losses
                             don’t frame too early or
                               you may lose
                               opportunities
                                                         34
© Victoria Pynchon ‘07
if you know your enemies and
                         know yourself, you will not be
                         imperiled in a hundred battles




                                                          35
© Victoria Pynchon ‘07

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Negotiating to Win

  • 1. Resisting and Using Cognitive Biases to Get a Better Deal 1
  • 2. if you know your enemies and know yourself, you will not be imperiled in a hundred battles; if you do not know your enemies but do know yourself, you will win one and lose one; if you do not know your enemies nor yourself, you will be imperiled in every single battle sun tzu孫子 6th century bc general, the art of war 2 © Victoria Pynchon ‘07
  • 3.  a theory of the mind the three cognitive biases that interfere with our ability to negotiate the best deal three really good ways to combat those biases and two ways to consistently get the better deal 3 © Victoria Pynchon ‘07
  • 4. theory of mind 4 © Victoria Pynchon ‘07
  • 5. our ability to reason arose from our need to understand one another’s intentions and motivations, allowing us to coordinate within a group 5 © Victoria Pynchon ‘07
  • 6. but we never learned to read one another’s minds; suspicion followed 6 © Victoria Pynchon ‘07
  • 7. we developed certain tendencies of thought called cognitive biases universal ways of thinking about what motivates other people 7 © Victoria Pynchon ‘07
  • 8. cognitive biases that interfere with our ability to negotiate a good settlement CB 1: reactive devaluation CB 2: confirmation bias CB 3: clustering illusion 8 © Victoria Pynchon ‘07
  • 9. How they work; why they’re harmful & how we can avoid their ill effects 9 © Victoria Pynchon ‘07
  • 10. 2 ways to consistently gain the upper hand by anchoring and framing 10 © Victoria Pynchon ‘07
  • 11. what do we most want to know? 11 © Victoria Pynchon ‘07
  • 12. What are they • What’s their bottom line? Thinking? • Are they withholding evidence that undermines their case and supports ours • What do they really need • How do they value their case – Their chances of winning – The amount of their damages 12
  • 13. onlyseven percent of negotiators sought information that would have revealed opponent’s true goals when it would have been dramatically helpful to do so. 13 © Victoria Pynchon ‘07
  • 14. What type of information would drastically help? • Their future plans • Their motivations • Their fears • Their desires • The basis for their offer/demand 14
  • 15. Failure to ask diagnostic questions is particularly troublesome in light of the fact that YOUR belief about THEIR bottom line will have more influence on the outcome of the negotiation than any other factor 15 © Victoria Pynchon ‘07
  • 16. Let’s return to the cognitive biases that might keep us from asking these questions 16 © Victoria Pynchon ‘07
  • 17. reactive devaluation the tendency to discount as unworkable, unworthy, wrong or even sinister any suggestion from the opponent, just because the opponent is the source of the idea 17 © Victoria Pynchon ‘07
  • 18. reactive devaluation prevents us from learning another’s mind what do they want/need what do they have of value how do they value it how do they value what we have why do they want what they are seeking 18 © Victoria Pynchon ‘07
  • 19. solutions for reactive devaluation ask diagnostic questions Interests need $100K to design new trademark Priorities trademark design less important than renegotiation of royalty agreement 19 © Victoria Pynchon ‘07
  • 20. confirmation bias tendency to search for and interpret information in a way that confirms our preconceptions 20 © Victoria Pynchon ‘07
  • 21. confirmation bias prevents us from knowing our own minds/risks Case Evaluation Credibility Risk assessment 21 © Victoria Pynchon ‘07
  • 22. confirmation bias solutions neutral third party story telling 22 © Victoria Pynchon ‘07
  • 23. clustering illusion we tend to see patterns where •We tend to see patterns where none exist none exist 23 © Victoria Pynchon ‘07 ‘07 © Victoria Pynchon
  • 24. clustering illusion problems inhibits ability to “read the mind” of our enemy prevents us from accurately assessing •perils •opportunities 24 © Victoria Pynchon ‘07
  • 25. clustering illusion solution: strategic joint sessions 25 © Victoria Pynchon ‘07
  • 26. How do we influence others and prevent ourselves from being irrationally influenced? 26 © Victoria Pynchon ‘07
  • 27. two cognitive biases we can immediately use to . . . . . . influence & avoid being influenced 27 © Victoria Pynchon ‘07
  • 28. anchoring we tend to be influenced by any number that enters the negotiation environment 28 © Victoria Pynchon ‘07
  • 29. the negotiator who makes the first reasonable offer will set the bargaining range for the entire negotiation 29 © Victoria Pynchon ‘07
  • 30. resist anchoring  create own false anchor  move toward that number 30 © Victoria Pynchon ‘07
  • 31. framing influence or be influenced 31 © Victoria Pynchon ‘07
  • 32. framing a means of influencing another’s perception by narrowing the ways in which an item or an idea what if you had to measure the size of can be something by using two frames? characterized what if you could only use one? 32 © Victoria Pynchon ‘07
  • 33. framing experiments • how tallwas the basketball player –79 inches • how short was the basketball player? –69 inches 33 © Victoria Pynchon ‘07
  • 34. language that emphasizes use framing in position negotiations  buyer uses words of diminishment  seller uses words of increase reframe losses as gains & gains as losses don’t frame too early or you may lose opportunities 34 © Victoria Pynchon ‘07
  • 35. if you know your enemies and know yourself, you will not be imperiled in a hundred battles 35 © Victoria Pynchon ‘07