Negotiation: The Unspoken Language

1. Negotiation: The Unspoken Language Ken Baum, CFI Regional Loss Prevention Director

2. Contract Negotiation Similarities to Investigations • Work with People • Work with People who are free to leave at anytime • Work with People who want to disclose the information they CHOOSE to disclose while protecting their own interest • The goal is to develop factual information to make the best informed decision • A decision is not reached until all facts are gathered

3. Contract Negotiation Differences to Investigations • Criminal Investigations are typically unannounced interviews (no appointment required) • Research on the suspect is not always available • At the end of the day, someone will be going to jail (consequences are different)

4. Work With People Characteristics of a good interviewer/negotiator? • Patient • Non-judgmental • OPEN MINDED • Displays fairness • Shows Respect • Asserts Interest • Active Listener • Reads Behavior • Puts Self in the Place of Other Person

5. Room Setting • Prepare and KNOW the room in advance • Have enough “personal” space between each person • One side or the other – but the decision maker needs to have a full view of the presenter if possible

6. Open Ended/Closed Ended Questions • Closed Ended Question Examples • Any response that can be phrased as a “Yes” or “No” • Other closed ended questions – “HOW WAS YOUR FLIGHT?” “HOW ARE YOU?” “HOW WAS LUNCH?” • Open Ended Question Examples • Who, What, When and Why

7. Questions • Within every response is a follow up question until the subject changes. - Similar to the Human Resources STAR method (Situation, action, response), where one question may lead to another.

8. Establishing Rapport • “What did you do last weekend?” • “What did you think of yesterday’s game?” • “It must have been some experience to be in St Louis during last year’s flood…”

9. Establish a Rapport Humor • Story about self • Use of a recent news event – provided it isn’t too depressing

10. Establishing a Rapport Signals of Rapport • Bodies naturally begin to match one another in body position, breathing and even speech patterns. • Nonverbal behaviors such as smiling, good eye contact, body orientation, mimicking posture and uncrossed legs and arms support the feeling of warmth and having “clicked” with the other person.

11. Establishing a Rapport • They want to know what you need • You need their help. Ask for it. • Example: “Thank you for coming to see us – we need your help with identifying the best solution...”

12. Rules For Evaluating Behavior THERE IS NO SINGLE BEHAVIOR SYMPTOM THAT IS ALWAYS INDICATIVE OF TRUTH OR DECEPTION. • Evaluate against the population • Evaluate against himself/herself – establish a behavioral norm • Evaluate behavior in the context of the situation • Be aware of YOUR behavior – Don’t express disbelief

13. Body Language • Can be rehearsed, restrained and practiced • Noticeable changes occur as the room changes (i.e.: who enters or leaves it)

14. Body Language • Participative

15. Body Language • Running Man

16. Body Language • Interested

17. Body Language • Soaking Up

18. Body Language • Dominant

19. Body Language • Cavalier

20. Body Language • Critical

21. Manipulators Manipulators include all those body movements in which one part of the body grooms, massages, rubs, holds, pinches, scratches or otherwise manipulates a body part. In a negotiation, these types of movements have no real bearing as to whether or not the truth is being told, but may indicate a stall for an answer.

22. “Finger” Cues • Hand over Mouth • Hand on Chin • Hand on Cheek • Hand on Temple • Hand to bridge of the nose • Closed Fist • Middle Finger

23. Verbal Behaviors • Tone of Voice • High – anger/fear • Normal – Response • Low – Sadness or Shame • Speed of Delivery • Louder/Faster – Anger, fear and excitement

24. Verbal Behavior • Pauses • Pauses, along with the pitch of the voice are verbal cues • Words Spoken • Also known as the Freudian Slip or other speech habits, such as “ah” or “aaa” or “uhh” or repetition, “I, I, I mean really…” can indicate the need for further questioning

25. Verbal Manifestations • “At this time…” • “If I recall correctly…” • “To the best of my knowledge…” • Emphasize “Honestly” or “I swear to God”

26. Micro-expressions • My definition: The true facial expression for the emotion being felt during the length of time that it takes for your brain to decide whether or not to conceal the truthful response. Roughly, a tenth of a second in duration.

27. The Truth is as Plain as Your Face

28. Eye Movement Eye movement is not consistently relied upon to determine whether answers are truthful or not.

29. Eye Movement Also known as “Neuro Linguistic Programming”

30. Eye Movement Visually Constructed Images

31. Eye Movement Auditory Constructed

32. Eye Movement Feeling / Kinesthetic

33. Eye Movement Visually Remembered Images

34. Eye Movement Auditory Remembered

35. Eye Movement Indicates Internal Dialog

36. Eye Movement

37. Seldom Used Tricks of the Trade • Be Professionally Nice • Ask For Help • THANK during the presentation where appropriate

38. So what now? • NEVER accuse anyone of being deceitful. • Use the information to change the course of the negotiation.

39. Thank YOU!