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

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
Working with people is the emphasis
Next Slide: Contract negotiation differences… Criminal investigations are typically unannounced…

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)
Telling your suspect that you intend to speak to them regarding a short cash problem on the register or the unpaid for merchandise that they happen to wearing next Friday at 3:00 p.m. probably won’t have the same result as having a discussion at the beginning of their shift.
A suspect that stole jewelry in the first 2 hours of employment in Detroit last week didn’t leave us a lot of opportunity to get to know them before hand.
In many situations that are dealt with in the field, criminal charges will be brought, which helps drive the motivation for the truth.
At the negotiation table, the consequences are different – working an exclusive access to a product to sell and failing has far different consequences.
NEXT SLIDE: Characteristics of a good interviewer/negotiator?

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
What are some of the characteristics of a good interviewer? Bottom line – in my opinion, it’s 10% what happens in that room, but 90% attitude that will set the tone.
NEXT SLIDE: Room Setting…

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
KNOW the room: How to adjust lights, hook up monitors, etc.
Personal space – elbow room
Who sits where isn’t as important as the primary decision maker gets a full view of the presenter – body language. More on that later.
NEXT SLIDE: Open/Closed Ended Questions

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
Closed ended questions that end in “Yes” or “No” are not the only form of closed ended questions. Questions that are pre-programmed with responses such as “fine” are also closed ended questions.
NEXT SLIDE: Answers to the questions can always develop more questions to maintain a conversation and generate a rapport

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.
Start with a question about the town they live in, or the business environment.
Next Slide: Establishing a Rapport – open ended questions

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…”
In investigations, putting the person a little at ease can be a little awkward – but awkwardness is a feeling that YOU are experiencing. If a genuine interest is expressed, rapport is established faster.
NEXT SLIDE: Establishing a Rapport with Humor

9. Establish a Rapport Humor Story about self
Use of a recent news event – provided it isn’t too depressing
Using humor is what marketing would say is a great way to connect. It’s one of the reasons why commercials are funny.
NEXT SLIDE: Signals of Rapport

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.
Many people incorrectly believe that sitting or posing the way the other person positions themselves will gain rapport. Intentionally mirroring another persons behavior can result in them being irritated. Mirroring is the RESULT of rapport, not the cause of it.
NEXT SLIDE: Establishing a Rapport by asking for help.

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...”
Asking for help will set a tone early. When genuinely expressed, it gives the person an opportunity to do good… and most people do.
Next Slide: Rules for Evaluating a Behavior

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
This slide will establish the purpose of the next series of slides
NEXT SLIDE: Body Language

13. Body Language Can be rehearsed, restrained and practiced
Noticeable changes occur as the room changes (i.e.: who enters or leaves it)
Use these clues to change the mood, tempo or situation
NEXT SLIDE: Participative (similar to watching an interesting game or watching a good presentation)

14. Body Language Participative Good intentions to participate and listen
NEXT SLIDE: Running Man (Anxious to leave for another appointment)

15. Body Language Running Man Need to leave
Next Slide: Interested (similar to participative, but the body is leaned back, open minded)

16. Body Language Interested Interested in what is being said
NEXT SLIDE: Soaking Up… a more relaxed method of interest, sort of a sitting on a park bench people watching….

17. Body Language Soaking Up Soaking Up – taking in the information
NEXT SLIDE: Dominant, authoritative, command (Captain Kirk on the Starship Enterprise)

18. Body Language Dominant Dominant
NEXT SLIDE: Cavalier; relaxed, not really paying attention, or the information that is being obtained is comfortable.

19. Body Language Cavalier Cavalier
NEXT SLIDE: Critical – analytical, evaluating

20. Body Language
Critical
Critical
NEXT SLIDE: Manipulators

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.
Demonstration – Scratches but has to look at where the scratching takes place… an arm muscle rub… cracks knuckles…
NEXT SLIDE: Volunteer needed to pose the positions

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
Using no expression on your face and only with one hand – show me a sign that you have something to say, but you don’t want to say it
- show me a sign that you are being thoughtful – or critical
- show me a sign that you are bored
- show me a sign that you are questioning or confused
- “OH NO!” (Embarrassment or shame)
- show me a sign that you are angry
- show me a sign that you are disgusted or contemptuous
Use these cues to anticipate their reaction to what is being said and react to change the course, if necessary. I’ve been told that women are more likely to use facial expressions than putting hands on the face.
NEXT SLIDE: Verbal Behaviors – tone of voice

23. Verbal Behaviors Tone of Voice Speed of Delivery High – anger/fear
Normal – Response
Low – Sadness or Shame
Speed of Delivery
Louder/Faster – Anger, fear and excitement
NEXT SLIDE: Verbal Behaviors, Pauses, Uhh umm…

24. Verbal Behavior Pauses Words Spoken
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
Verbal Behavior
NEXT SLIDE: Verbal Manifestations. Use of phrases that uses specific data to distract

25. Verbal Manifestations
“At this time…”
“If I recall correctly…”
“To the best of my knowledge…”
Emphasize “Honestly” or “I swear to God”
These types of phrases indicate an avoidance of being clear.
NEXT SLIDE: Micro expressions

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.
TV show “Lie to Me” takes certain Hollywood license… no one says, “You are lying” and the response is, “Yeah, you got me.” In a study involving students, FBI, CIA, ATF and Secret Service agents, where they were asked to gauge a person’s response in a brief second, that only the Secret Service did better than CHANCE as a result. However, with additional training, it was discovered that the scores rose to 80% accurate.
NEXT SLIDE: With that being said, if the truth is as plain as your face

27. The Truth is as Plain as Your Face
These two were arrested alledgedly attempting to burglarize a home in Iowa, according to the Huffington Post (an internet newspaper). This was their disguise of choice.
NEXT SLIDE: Eye Movement

28. Eye Movement
Eye movement is not consistently relied upon to determine whether answers are truthful or not. It
Bear in mind you will have to make sure you set the behavioral norms, as discussed earlier. One of these norms is whether the person you are having a discussion with is left or right handed. The following demonstration is for MOST of the population who are right handed.

29. Eye Movement Also known as “Neuro Linguistic Programming”
NLP or Neuro Linguistic Programming is the brain reacting to which file drawer to derive the information desired. In this example, there are 6 file drawers… largely depends on if you are right or left handed. The examples about to be depicted will indicate the norm for a right handed person as you are looking at them.
NEXT SLIDE: Visually Constructed Images

30. Eye Movement Visually Constructed Images
If you asked someone to picture a Green Elephant with purple horns instead of ears, this is the direction there eys would be moved while thinking about the question as they “Visually Construct” a green elephant with purple horns instead of ears.
NEXT SLIDE: Auditory Constructed Images

31. Eye Movement Auditory Constructed
If you asked someone to “Try to create the highest sound of the pitch possible in your head” this is the direction their eyes moved while thinking about the question as they are auditory constructing the answer.
NEXT SLIDE: Feeling / Kinesthetic

32. Eye Movement Feeling / Kinesthetic
This would be the direction their eyes moved in while thinking about the question as they recall smell, feeling or taste.
NEXT SLIDE: Visually Remembered Images

33. Eye Movement Visually Remembered Images
If you asked someone “what was the color of the first house you lived in growing up” – this would be the direction their eyes moved in while thinking about the question as they ‘visually remember’ the answer
NEXT SLIDE: Visually remembered images

34. Eye Movement Auditory Remembered
If you asked someone to “remember what their mother’s voice sounds like” this would be the direction their eyes moved as they were thinking about the question
NEXT SLIDE: Indicates Internal dialogue

35. Eye Movement Indicates Internal Dialog
This is the direction of someone's eyes as they “talk to themselves.”
Next Slide: Eye Movement Review

36. Eye Movement
Let’s say that your teenager asked to borrow the car keys. You respond, “what did your Mother say?” They reply… “Mom said, Yes.” If they looked to the left, this could indicate a made up answer.
By the way, looking straight ahead or with eyes that are defocused/unmoving is also considered a sign of visual accessing.
Left handed people show eye movement in the opposite direction.
Note: For those of you who intend to keep your eyes perfectly still – the act itself is viewed as an indication of deception.
NEXT SLIDE: Seldom used tricks of the trade

37. Seldom Used Tricks of the Trade
Be Professionally Nice
Ask For Help
THANK during the presentation where appropriate
Being nice isn’t an accident – it’s demonstrating a concern for the other that helps build rapport and a relationship
Set the tone early – this isn’t an inquisition
During their presentation, find a way to say “Thank You” when appropriate. You will find this opens the door to additional and often unsolicited information.
NEXT SLIDE: Conclusion

38. So what now? NEVER accuse anyone of being deceitful.
Use the information to change the course of the negotiation.
The main purpose of this information in a negotiation is not to point to anyone that they are misleading or lying about a topic. It could be that they don’t know the answer, but didn’t want you to know they didn’t know.
My hope is that you will be able to use the information provided in this time to help develop information as the negotiation is initiated.

39. Thank YOU!