Getting to "Yes." or; What the case of the silent juror in the Mousauai trial tells us; Or, a short primer in economic development negotiation

One of the classic texts in any salesman's library is the book titled, "Getting to Yes." It has been 20 years or so since I have read it, but I will go over the essentials.

In order to be an effective salesman, one has to visualize where the prospect is coming from----- what the needs are. Only once all this has been listened to, can one proceed to close the sale.

However, as one might theorize, in modern life, we have become so rushed, and in fact very resistant to listening to anything at all of others' opinions on most subjects (think of the last time you have changed your mind on anything) one might debate that in fact the whole process of effective "contracts" between folks has seriously broken down. We have become shippers of 'widgets" take em or leave em. When broken just discard and replace.

Buyer says "This is what I am looking for." Seller says, "This is what I have to sell take it or leave it." End of discussion.

In economic development, governments say, "We need a project where the taxpayer will benefit through tax increment and in a situation where government assistance is the key to going foreward, rather than simply a handout in the normal course of business. Developers say, " We want assistance for all situations or we won't do the deal."

As is so comprehensively covered in the "Audible Althouse #49" in the previous post, the case of the silent juror in the Mousauii terror case has some instruction to governments on how to effectively negotiate in situations such as this. To recap---there were 11 jurors that wanted to execute and one holdout juror. In secret voting the 1 holdout juror refused to identify him/herself. After several ballots, of 11-1, the jurors were confronted with a dilema. What to do. So, absent identification of the lone dissenter, they began to "imagine" what the arguments of the other side were. After several days of this, they agreed to a life sentence.

In negotiation, there is what I call the "Jersey hang up" strategy. If a person that is negotiating with you refuses to listen to what your needs are, simply hang up. No discussion. It creates the "Song of Silence" and in that silence the other party has to review. Eventually, the listening begins or nothing happens. Either is ok.

(ed. note. Click on the post for the full Audible Althouse #49)