Questioning Techniques

What is it?

Asking frequent and effective questions is one of the behaviours of skilled negotiators. Asking questions (along with actively listening to the response or reaction, and summarising at frequent intervals) is how you take and retain control of the pace and direction of a negotiation.[1]

Questions may be used for a number of different reasons:

• To elicit information
• To uncover deception, manipulation, inconsistency, evasion or other flaws in the other party’s argument
• To generate options by exploring needs, wants and priorities
• To build rapport and trust.[2]

There are typically four question styles that can be used in negotiation:

Open questions are those which require a full response. They cannot be answered with a straight yes/no or static response. Open questions typically start with ‘what’, ‘how’ and ‘why’. They are a good way of starting a conversation, building rapport and eliciting information.

Open questions are used during the opening and testing stages of a negotiation to uncover needs and underlying motives, and to allow you to get a feel for the negotiating issues. The most important consideration is to keep quiet and listen. The use of silence is often effective if used correctly. Silence is difficult to deal with and the other party is likely to fill the gap by talking and providing the information you want.

Examples of open questions:

• What do you think are the important issues?
• How would you achieve your targets?
• Why do you think you are the right supplier for us?
• When can you deliver?
• Can yell me about your offer?

Probing questions are open questions that seek to gain greater insight into what someone has just told you. They are typically used in the opening and testing stages of the negotiation as follow-ups to the more general open questions. They seek to close knowledge gaps and to obtain further detail, clarification and explanation. They are particularly useful when the other party is being evasive or to get to the bottom of a certain issue. They require a full, but specific and detailed response.

Examples of probing questions:

• Can you expand on that last point?
• How would that work if the conditions change?
• Can you tell me more about feature x on product y?
• What specific tests do you use to achieve consistent quality?

Hypothetical questions are those which ask about a potential situation, proposal or solution in order to gain the other party’s views on them. They often take the form of ‘what if’ scenarios. They can also be used to encourage the other party to think about things in a different way. Hypothetical questions are useful in the testing and moving stages of the negotiation and allow you to ask risk-free questions that do not give away your position on a variable.

Examples:

• If we could offer a contract to cover both regions, how would your proposal change?
• If we paid you in advance, what could you do on price?
• If we wanted to buy globally, could you supply?
• What if we extended the contract to two years?

Closed questions are those that require a yes/no or simple answer. They define a specific response and help to pin down evasive or unclear answers. Asking closed questions too early may close down the discussion before legitimate options have been discussed. They should, therefore, be used at the closing stage of the negotiation when concluding and agreeing.

Examples:

• Can you deliver to both regions within 48 hours?
• Can we agree on $10 per unit then?
• Will you open a local office if we enter into a contract?
• Who will be the account manager?

What does it look like?

How does it work in practice?

Eldonna Lewis-Fernandez, author of Think Like a Negotiator, has over 30 years of negotiation experience and recommends 7 ‘must ask’ open and probing questions to best ensure a desirable outcome: [1]

1. Would you explain the reasons for your position?
   If you cannot clearly understand the other party’s reasoning through simple discussions, the best way to discern their position and motivations is to directly ask them their rationale for what they are offering or seeking.  Once you know the other party’s thought process and justifications, rather than just the outcome they desire, you can better adjust your strategy and response to coincide with their position.  For instance, in a scenario where the other party is requiring some advance payment that is difficult for you, you might find out that they need the money to fund required material or other costs in order to proceed.  Once you understand the logic behind requests and demands, you are better able to control discussions and create agreeable terms.

2. Is there any reason you cannot?
   This is a great question to ask when you know the other party is avoiding or rejecting your offer for no legitimate reason or not having thought it through well enough. Sometimes people make shallow excuses for why they cannot do something or reject an idea with short-sighted objections. Most often when the question is asked this way, the other party finds it difficult to produce truly legitimate reasons that negate your argument or offer.  In instances where the other party does happen to come up with a viable objection, you then have the opportunity to directly address that objection with sound reasoning of your own.

3. Why do you think this is a fair and reasonable term or condition?
   A fair and reasonable term or condition, such as a price, proposal or provision, can be defined as what is prudent under competitive market conditions, given a reasonable knowledge of the marketplace. Fair implies a proper balance of conflicting or divided interests.  Reasonable means not extreme or excessive.  So a fair and reasonable term or condition is one that is balanced between all parties and somewhat moderate. If you are concerned about the reasonableness of an offer, do some due diligence to research comparables. Then ask the opposing party this question to encourage them to define and defend the reasonableness of their requirement. This will help ensure you are securing the best deal possible.

4. Why is that point or provision important?
   Understanding the significance of a specific point or provision is imperative, and can even result in an adjustment of your own position. The answer the other side provides will allow you to fine tune your strategy based on this key learning about their critical priorities and values. Understanding, acknowledging and validating the significance of the opposing party’s requests not only helps you recalibrate your approach, but also creates more of a team atmosphere or affinity that builds a level of trust at a faster pace.

5. What part of my proposal gives you the most concern?
   Breaking an offer down into individual elements or points makes it easier to take things in small bite-size pieces versus one large chunk that, as a whole, is causing a problem. Discussing a proposal point-by-point, particularly specific areas of utmost concern, allows the parties to come to small fractional agreements that may not otherwise have been reached if you discussed the arrangement as a whole.  Dealing directly with the most difficult points, from the most to least problematic for the other side, shows you care. This enables you to address the sticking points and greatly expedites the entire process. 

6. What documentation or proof do you have to validate your position?
   This is based on the ‘trust but verify’ concept.  It is important to know that what is being presented is completely factual.  The best way to determine authenticity is by verifying the facts through documentation that validates what is being presented. A trusting nature will not serve you well in a negotiation where decisions are being made based on certain claims. It is imperative to secure documentation to back up applicable assertions. There is an important place for scepticism in a negotiation in that it will fuel your need for verification prior to agreement.

7. What else do you think I should know?
   After you have asked all of the questions you intended, you still want to ensure that you have thoroughly vetted the arrangement. Asking this question may induce some other points that you have not uncovered or considered through prior discussions.  There could be something you do not know that, once revealed, might actually change your way of thinking, what you are seeking, or the strategy you originally started with.

It should be noted that negotiation requires great skill and technique. You should undertake appropriate training and take advice from experts within your organisation.

[1] Steele, Paul & Beasor, Tom; Business Negotiation: A Practical Workbook; Routledge, 2017

[2] Lewicki, Roy; Saunders, David; Barry, Bruce; Negotiation – 8^th edition; McGraw Hill, 2019

[3] https://www.businessknowhow.com/marketing/negotiationqs.htm