"I have given serious thought as to whether I should consider entering into negotiations with that man."
That was British Prime Minister Winston Churchill's reflection on whether he should negotiate with Adolf Hitler. In the end, he decided that Britain would fight to the last consequences. He knew that Hitler did not want to negotiate and would wait for the right moment to attack.
This type of person is referred to by Professor Robert Mnookin of Harvard Law School in his book "Bargaining with the Devil". He calls individuals whose intentions are perverse and questionable "devils".
Negotiations with such people are highly challenging, regardless of whether you are dealing with politics, business or family matters. To negotiate with someone like this, you require insight and it is essential that you first examine these concepts:
1. Unjust harm: if you are going to negotiate with these people, it is because the other person is causing you unjust harm or could do so in the future. Define what that harm is, otherwise, it is better not to negotiate.
2. Interests at stake: besides avoiding unfair harm, are there other reasons why you want to negotiate with this person?
3. Demands of the devil: this is what the "bad" person may ask of you in exchange for not causing you unjust harm in the future.
4. Interests of the devil: from the demands of the other and the information you gather from him, try to decipher the real interests to determine if it would be feasible to reach an agreement.
5. Your best outside alternative: think about what you might do if an agreement is not reached and the possible consequences. Consider the devil's best alternative and what he might do if he does not settle with you.
6. Possible agreements: examine the possible agreements, they must satisfy the interests of both parties. Reject the agreement if it generates worse consequences than if you do not reach a consensus.
7. Post-agreement behavior: do not assume that the other person will comply, as he/she will only do so to the extent that it is convenient for him/her.
In the process leading up to and during the negotiation, it is critical that you use your creativity in thinking through agreements and develop several alternatives that can work as plan B. Beware of pitfalls and, above all, be judicious enough to determine when to refrain from battle.
This article is based on the webinar "Negotiating with the Devil", given by Professor Julio Sergio Ramirez.
