Never Split the Difference: Negotiating as if Your Life Depended on It

by Chris Voss

I realized that without a deep understanding of human psychology, without the acceptance that we are all crazy, irrational, impulsive, emotionally driven animals, all the raw intelligence and mathematical logic in the world is little help in the fraught, shifting interplay of two people negotiating.

we are always an animal, always acting and reacting first and foremost from our deeply held but mostly invisible and inchoate fears, needs, perceptions, and desires.

Kahneman later codified his research in the 2011 bestseller Thinking, Fast and Slow.3 Man, he wrote, has two systems of thought: System 1, our animal mind, is fast, instinctive, and emotional; System 2 is slow, deliberative, and logical. And System 1 is far more influential. In fact, it guides and steers our rational thoughts. System 1’s inchoate beliefs, feelings, and impressions are the main sources of the explicit beliefs and deliberate choices of System 2. They’re the spring that feeds the river. We react emotionally (System 1) to a suggestion or question. Then that System 1 reaction informs and in effect creates the System 2 answer.

Emotions and emotional intelligence would have to be central to effective negotiation, not things to be overcome.

It all starts with the universally applicable premise that people want to be understood and accepted. Listening is the cheapest, yet most effective concession we can make to get there. By listening intensely, a negotiator demonstrates empathy and shows a sincere desire to better understand what the other side is experiencing.

Negotiation as you’ll learn it here is nothing more than communication with results. Getting

extra sets of ears would pick up extra information.

Students of mine balk at this notion, asking, “Seriously, do you really need a whole team to . . . hear someone out?” The fact that the FBI has come to that conclusion, I tell them, should be a wake-up call. It’s really not that easy to listen well.

We are easily distracted. We engage in selective listening, hearing only what we want to hear, our minds acting on a cognitive bias for consistency rather than truth. And that’s just the start. Most people approach a negotiation so preoccupied by the arguments that support their position that they are unable to listen attentively. In one of the most cited research papers in psychology,1 George A. Miller persuasively put forth the idea that we can process only about seven pieces of information in our conscious mind at any given moment. In other words, we are easily overwhelmed.

a smile on your face, and in your voice, will increase your own mental agility.

The way the late-night FM DJ voice works is that, when you inflect your voice in a downward way, you put it out there that you’ve got it covered. Talking slowly and clearly you convey one idea: I’m in control. When you inflect in an upward way, you invite a response. Why? Because you’ve brought in a measure of uncertainty. You’ve made a statement sound like a question. You’ve left the door open for the other guy to take the lead, so I was careful here to be quiet, self-assured.

We fear what’s different and are drawn to what’s similar.

Emotions aren’t the obstacles, they are the means.

You can learn almost everything you need—and a lot more than other people would like you to know—simply by watching and listening, keeping your eyes peeled and your ears open, and your mouth shut.

empathy is paying attention to another human being, asking what they are feeling, and making a commitment to understanding their world.

trying to understand a situation from another person’s perspective.

Tactical empathy is understanding the feelings and mindset of another in the moment and also hearing what is behind those feelings so you increase your influence in all the moments that follow. It’s bringing our attention to both the emotional obstacles and the potential pathways to getting an agreement done.

empathy is not about being nice or agreeing with the other side. It’s about understanding them. Empathy helps us learn the position the enemy is in, why their actions make sense (to them), and what might move them.

We employed our tactical empathy by recognizing and then verbalizing the predictable emotions of the situation. We didn’t just put ourselves in the fugitives’ shoes. We spotted their feelings, turned them into words, and then very calmly and respectfully repeated their emotions back to them.

that’s called labeling.

Think of labeling as a shortcut to intimacy, a time-saving emotional hack.

Notice we said “It sounds like . . .” and not “I’m hearing that . . .” That’s because the word “I” gets people’s guard up. When you say “I,” it says you’re more interested in yourself than the other person, and it makes you take personal responsibility for the words that follow—and the offense they might cause.

Once you’ve thrown out a label, be quiet and listen.

We all have a tendency to expand on what we’ve said, to finish, “It seems like you like the way that shirt looks,” with a specific question like “Where did you get it?” But a label’s power is that it invites the other person to reveal himself.

Let the label do its work.

people’s emotions have two levels: the “presenting” behavior is the part above the surface you can see and hear; beneath, the “underlying” feeling is what motivates the behavior.

What good negotiators do when labeling is address those underlying emotions. Labeling negatives diffuses them (or defuses them, in extreme cases); labeling positives reinforces them.

Labeling is a helpful tactic in de-escalating angry confrontations, because it makes the person acknowledge their feelings rather than continuing to act out.

Try this the next time you have to apologize for a bone-headed mistake. Go right at it. The fastest and most efficient means of establishing a quick working relationship is to acknowledge the negative and diffuse it. Whenever I was dealing with the family of a hostage, I started out by saying I knew they were scared. And when I make a mistake—something that happens a lot—I always acknowledge the other person’s anger. I’ve found the phrase “Look, I’m an asshole” to be an amazingly effective way to make problems go away.

That approach has never failed me.

Research shows that the best way to deal with negativity is to observe it, without reaction and without judgment. Then consciously label each negative feeling and replace it with positive, compassionate, and solution-based thoughts.

Remember the amygdala, the part of the brain that generates fear in reaction to threats? Well, the faster we can interrupt the amygdala’s reaction to real or imaginary threats, the faster we can clear the road of obstacles, and the quicker we can generate feelings of safety, well-being, and trust.

Empathy is a powerful mood enhancer.

why labels are so powerful and so potentially transformative to the state of any conversation. By digging beneath what seems like a mountain of quibbles, details, and logistics, labels help to uncover and identify the primary emotion driving almost all of your counterpart’s behavior, the emotion that, once acknowledged, seems to miraculously solve everything else.

The first step of doing so is listing every terrible thing your counterpart could say about you, in what I call an accusation audit.

the beauty of going right after negativity is that it brings us to a safe zone of empathy.

Compromise and concession, even to the truth, feels like defeat. And “No,” well, “No” feels like salvation, like an oasis. You’re tempted to use “No” when it’s blatantly untrue, just to hear its sweet sound. “No, I do not need water, carbon filtered or otherwise. I’m a camel!”

For good negotiators, “No” is pure gold. That negative provides a great opportunity for you and the other party to clarify what you really want by eliminating what you don’t want. “No” is a safe choice that maintains the status quo; it provides a temporary oasis of control.

“Yes” and “Maybe” are often worthless. But “No” always alters the conversation.

A trap into which many fall is to take what other people say literally. I started to see that while people played the game of conversation, it was in the game beneath the game, where few played, that all the leverage lived.

“No” is the start of the negotiation, not the end of it. We’ve been conditioned to fear the word “No.” But it is a statement of perception far more often than of fact. It seldom means, “I have considered all the facts and made a rational choice.” Instead, “No” is often a decision, frequently temporary, to maintain the status quo. Change is scary, and “No” provides a little protection from that scariness.

It comes down to the deep and universal human need for autonomy. People need to feel in control. When you preserve a person’s autonomy by clearly giving them permission to say “No” to your ideas, the emotions calm, the effectiveness of the decisions go up, and the other party can really look at your proposal. They’re allowed to hold it in their hands, to turn it around. And it gives you time to elaborate or pivot in order to convince your counterpart that the change you’re proposing is more advantageous than the status quo. Great negotiators seek “No” because they know that’s often when the real negotiation begins.

This means you have to train yourself to hear “No” as something other than rejection, and respond accordingly. When someone tells you “No,” you need to rethink the word in one of its alternative—and much more real—meanings: ■ I am not yet ready to agree; ■ You are making me feel uncomfortable; ■ I do not understand; ■ I don’t think I can afford it; ■ I want something else; ■ I need more information; or ■ I want to talk it over with someone else. Then, after pausing, ask solution-based questions or simply label their effect: “What about this doesn’t work for you?” “What would you need to make it work?” “It seems like there’s something here that bothers you.” People have a need to say, “No.” So don’t just hope to hear it at some point; get them to say it early.

There are actually three kinds of “Yes”: Counterfeit, Confirmation, and Commitment.

Using all your skills to create rapport, agreement, and connection with a counterpart is useful, but ultimately that connection is useless unless the other person feels that they are equally as responsible, if not solely responsible, for creating the connection and the new ideas they have.

No “No” means no go.

Have you given up on this project?

Now, this may seem like a rude way to address someone in business, but you have to get over that. It’s not rude, and though it’s direct, it’s cloaked with the safety of “No.” Ignoring you is what’s rude. I can tell you that I’ve used this successfully not just in North America, but with people in two different cultures (Arabic and Chinese) famous for never saying “No.”

We’ve instrumentalized niceness as a way of greasing the social wheels, yet it’s often a ruse. We’re polite and we don’t disagree to get through daily existence with the least degree of friction. But by turning niceness into a lubricant, we’ve leeched it of meaning. A smile and a nod might signify “Get me out of here!” as much as it means “Nice to meet you.” That’s death for a good negotiator, who gains their power by understanding their counterpart’s situation and extracting information about their counterpart’s desires and needs. Extracting that information means getting the other party to feel safe and in control. And while it may sound contradictory, the way to get there is by getting the other party to disagree, to draw their own boundaries, to define their desires as a function of what they do not want.

As you try to put the chapter’s methods to use, I encourage you to think of them as the anti–“niceness ruse.” Not in the sense that they are unkind, but in the sense that they are authentic. Triggering “No” peels away the plastic falsehood of “Yes” and gets you to what’s really at stake. Along the way, keep in mind these powerful lessons: ■ Break the habit of attempting to get people to say “yes.” Being pushed for “yes” makes people defensive. Our love of hearing “yes” makes us blind to the defensiveness we ourselves feel when someone is pushing us to say it. ■ “No” is not a failure. We have learned that “No” is the anti-“Yes” and therefore a word to be avoided at all costs. But it really often just means “Wait” or “I’m not comfortable with that.” Learn how to hear it calmly. It is not the end of the negotiation, but the beginning. ■ “Yes” is the final goal of a negotiation, but don’t aim for it at the start. Asking someone for “Yes” too quickly in a conversation—“Do you like to drink water, Mr. Smith?”—gets his guard up and paints you as an untrustworthy salesman. ■ Saying “No” makes the speaker feel safe, secure, and in control, so trigger it. By saying what they don’t want, your counterpart defines their space and gains the confidence and comfort to listen to you. That’s why “Is now a bad time to talk?” is always better than “Do you have a few minutes to talk?” ■ Sometimes the only way to get your counterpart to lis...