Start with no

Approaches based on win-win negotiations, where the parties seeks an agreement that is beneficial for everyone, have been prevalent. Sometimes, however, the art and science of negotiation can lead to other paths. This is the case of Jim Camp, who is known for his books on negotiation, for being a coach, and for his reputation as a fearsome negotiator.

His most famous work , Start with No. The Negotiating Tools That the Pros Don’t Want You to Knowwhere he deploys a series of principles, values and techniques that, somewhat counter-intuitively in the face of specific dominant approaches, seek to situate the coordinates of negotiations to seek effective and productive results.

Below, we will discuss some of his ideas from the perspective of the Minerva Strategy Blog.

“In a negotiation, decisions are one hundred per cent emotional (…) Negotiations and even decision-making start with emotions. Emotions run rampant, they are at the root of our initial decision, they are not to be trusted, and they can even be destructive, but they do not have the last word. My system considers them for what they are and works with them, not against them. My system teaches you to move from the emotions that never close the deal, all the way to the decisions that do close the deal” (Jim Camp, Start with no)

Emotions in negotiation are a classic topic. Camp says that in Japan, where negotiation is considered an art, it is said that decisions should be made with the stomach, never with the heart or the head. This could be a grave mistake: it is good to know that emotions influence the negotiation scenario, especially from the other party. However, it often has dire consequences when the emotional factor is decisive. The prudent thing to do is to moderate and control one’s own emotions and to analyse and know the other party’s emotions. 

“Negotiations start with a “no”, no “maybe”, let alone “yes”, but with a firm and resounding “no”. In any negotiation, this is the key word I want to hear; all of the above is nothing more than window dressing” (Jim Camp, Start with no). 

This is Jim Camp’s top piece of advice: start the negotiation with a “no.” Other possibilities are a waste of time or a way of harbouring illusions that do not prosper. This initial “no” is an open door to justify one’s own positions and to continue discussions. It could be considered a constructive “no”.

“For fear of breaking the relationship with the opponent in the negotiation, the colleague did not want to be too demanding. He didn’t want to hurt his feelings by telling him, “If you don’t sign the contract, there will be no show.” Because of his deep desire for approval, he couldn’t see the real problem with the negotiation” (Jim Camp, Start with no). 

How many times are we forced to make concessions to save the relationship? Negotiations are not territories to seek personal approval, but there are people with great strategic eagerness, where preserving their relationship in good conditions implies making concessions on the line they mark. Jim Camp’s advice is to clearly separate the outcome of negotiations from the quality of personal relationships.

“Every reader can think of a case where they have chosen an obnoxious but effective person over someone likeable but ineffective. What does friendship have to do with doing good business or making good decisions? Absolutely nothing. And as we’ll see below, I always propose and practice respectful and polite agreements with the adversary” (Jim Camp,Start with no). 

Here again, the emotions linked to the particularism of how we human beings relate to one another return. This reflection by Camp highlights that professional decisions are made based on bonds of friendship rather than on objective criteria. Human, all too human. It is desirable in professional environments to value the merits of people, regardless of the emotions they may provoke.

“Take responsibility for bad decisions, learn from them, know failure and move forward because you are one decision away from getting back on track. To take on this attitude and approach takes great discipline and a lot of self-confidence because hitting the nail on the head is important to all of us. It is a powerful need and like all needs to be overcome” (Jim Camp, Start with no).

There is a growing interest in accountability, which can mean: explaining one’s actions, justifying them and being sanctioned or rewarded. This is a recommendable exercise, especially regarding decisions in the public sector. From a strategic point of view, a future victory can emerge from a failure. For this to be possible, it is crucial to learn from the circumstances, approaches and dynamics that have made this situation possible and emerge stronger. The word crisis in Greek means “to separate”, “to judge”, “to decide”. A crisis has to serve to improve the decision criteria in the future.

“If you can’t take “no,” you’ll burn a lot of bridges and find no way out of a lot of negotiations. Nothing –absolutely nothing– is as important in a successful negotiation as making it clear from the get-go that “no” is a perfectly acceptable answer in any deal” (Jim Camp, Start with no). 

The feared negotiator, Jim Camp, insists on starting negotiations with a “no”, because he: does not seek to save the relationship, knows how to manage his own and other peoples’ emotions, does not get carried away by particularistic ties, promotes efficiency, learns from failures and operates from a constructive “no”, to continue negotiating.

Consequentialist ethical model

The consequentialist ethical model, which considers that ethics’ objective is to achieve the best consequences, opposes the deontological ethical model. There are several types of consequentialist ethics, the best-known of which is utilitarianism. It famously formulates that ethics should seek the greatest happiness for the greatest number.

Utilitarianism affirms that a variable must be maximised, whether happiness, utility, pleasure or well-being. It appeared in the Anglo-Saxon context at the time of industrialisation, where there was great optimism in applying the methods of the pure sciences to the Social Sciences. Utilitarianism assumes that ethics can be reduced to a variable, and its maximisation, and that this variable can be known. This is gauged using a mechanism similar to a happiness machine, which measures how happy people are.

This may sound strange, but to an economist, this sounds familiar. The model of man on which traditional economic theory is based states that rationality is the maximisation of a variable. That model is known as homo economicusThis view adopts utilitarianism and, in general, the consequentialist approach as its undisputed premise.

Is strategy not to correctly match means and ends? Anticipating the consequences of our actions is part of any strategy. However, the question is whether consequences can be the only decision-making criterion. Let’s imagine a case where we have a terrorist in custody; who knows where a bomb is going to explode in a central place in two hours. The consequentialist question would be: is it morally justified to torture this terrorist to prevent the bomb from exploding? I have asked my students many times about this textbook ethical scenario. The answers are divided between more deontological or consequentialist students.

Since the happiness machine does not exist, economists inspired by utilitarianism sometimes tend to consider money as the variable to be maximised. This approach can be contrasted with a more robust ethical view that affirms that human goods are plural and complex. Michael Sandel offers an example of this argument in his book What Money Cannot Buywhere he gives examples of the moral limits of the market. Relationships of friendship and love are never, or should never be, reduced to monetary terms. But beyond that, is it morally justified to sell a kidney? To be a surrogate? Can everything be bought and sold? Is it justifiable to pollute in exchange for money? Is it lawful to buy residency or nationality?

This phenomenon alluded to by Sandel is technically called weak-sense incommensurability and means that values cannot be reduced to a single variable. In general, the cases allude to reducing everything to monetary terms. Values are more plural, and human beings are more complex.

Perhaps a more complete evaluation of the ends should be made from the strategy point of view. Creating a plan to maximise one variable may cause one to lose sight of other goods involved. Agreement may arise precisely because the parties have different interests. But those interests need to be explored.

Anticipating the consequences of actions is a matter of prudence. Strategy seeks victory, but this does not always come from maximising a single variable. Life is more plural and complex.