As an employee in the state government, I am well versed in negotiating from a position of weakness. So what are their tactics? Stalling, erecting roadblocks and creating an environment where every issue is blocked. So ok, you know their strategy, but what do you need to do to counter their strategy? I make sure I have a strategy to counter their strategy, it is the only way. 

I always prepare, I never let them call a snap meeting as they have prepared their strategy and you are on the defensive – they are now setting the narrative. Positioning in the meeting is vital, they will try to intimidate you as you are generally outnumbered, so you need to position yourself in the room where you do not feel intimidated – this isn’t easy.

You always bring a witness, the rule is no witness – no meeting. The agenda is paramount, once again, no agenda – no meeting. If they wish to vary from the agenda, then either the matter is suspended or the meeting closed. The issues need to be addressed, preferably in a logical sequence to create incremental escalation, this generates a series of demands ascending in importance where a dismissive attitude creates stronger demands and stress. 

This is how you control the narrative, this also ensures no surprises where you are on the defensive, they have mapped out their strategy – you need to map out yours. Naturally, your witness is the notetaker and records all facets of the discussion, this unhinges them, they can no longer deny knowledge of an issue. 

There are always meeting minutes, I have found they do not keep minutes so you keep your own. That is the whole purpose of the witness, the more detailed minutes you keep, they can not deny points were not discussed. This is one of their tactics, denial and wearing you down, you make your point and reinforce your point. 

A tried and standard response is this was mentioned or discussed – no longer the case now. The next strategy they employ is a failure to comprehend, they will claim you were not clear and they were unsure what you wanted. You make sure your demands are absolutely clear and concise, once again, I have evolved. I have learnt through doing that you need to ensure you have control of the message and you need to communicate that message.    

The next stage is the follow-up via email, this is where you reinforce the main points of the meeting. This then becomes a defacto forum, if the main points you identified are not challenged, then they are considered discussed. Likewise, if they are challenged, you are not discussing the issues in a communication medium that records the discussion taking place, it is very hard to deny knowledge of the issue afterwards when they reply. 

I work on four major principles:

1. Deal only in facts.
2. Do not get emotional. 
3. Never get personal.
4. Send a clear and concise message. 

Adding to the four major principles, I also allow an escape route in negotiations. The purpose of negotiation is to reach a mutually beneficial position; therefore there is no benefit in constantly attacking a position without offering some form of concession. I offer a position to concede certain aspects of a negotiation and save face should they choose to act in a diligent manner. 

Based on state government management practices to try to always crush an opponent, even when they know they are wrong and in a weak position themselves, their answer is always no. They believe they hold the powerful position, you never allow them to get into a decision-making position where they can just say no, a public sector authority has a mandate to use taxpayer funds in an efficient manner and not engage in misappropriation of government funds.

This is where the principle of incremental escalation is important, if the negotiator takes a purely blocking role, incremental escalation adds to their woes and ultimate failure. You ensure your agenda sequence is set beginning at the simplest and most unimportant issue. This sets the tone, if they are unwilling to even concede such points, the ratcheting up of pressure is to their detriment when you begin to introduce the major points – then you have them.