About Us

Victoria Pynchon

I mediate and arbitrate complex commercial disputes, the former with ADR Services, Inc. in Century City and the latter with...

She Mediates

ADR Services, Inc.

She Negotiates

She Negotiates

The 33 cent wage and income gap is unacceptable and unnecessary. So is the cliché glass ceiling. Bottom line, our...

Never Get in a Bar Fight with a Thai, Negotiating with the Chinese and the Upcoming Course for Negotiating Women

Xan Skinner, a lawyer, mediator and restorative justice practitioner, lived for four years in China and speaks Mandarin.  Yesterday, at the Orange County Mediation Conference, Lee Jay Berman of the American Institute of Mediation, gave the keynote on Cross-Cultural Negotiation.  Xan's joining Lisa Gates and my on-line community learning course You Can Negotiate Anything at Craving Balance.  In response to a few tweets from the Mediation Conference about Lee Jay's talk, Xan (@xanskinner) directed me to her post about negotiating in China, which begins with the ominous warning, "never get into a bar fight with a Thai" and ends with the following observation.

A  Hong Kong shopkeeper once told me why he likes Americans as customers.  He says, "Indians have money, but they are very sharp.  They're skilled negotiators, and they haggle a hard bargain.  Americans, on the other hand, are great customers.  They have a lot of money, and they're not too smart."  A fool and his money are, truly, soon parted!  I guess, after first accepting that I'll never be wealthy, I have to admit to myself that my true, main goal is not to end up dead on the bar room floor. 

If your true "main goal" is to insure that those with heart and soul also wield a little economic power, avail yourself of the opportunity to get in on the ground floor of Lisa's and my new joint venture, priced so low you might under-estimate its potential value to you.  What is that value?

You will learn:

  • how to negotiate retail
  • how to to let your bargaining partner have your way and strengthen your relationship at the same time (answering Xan's troubling question:  isn't getting the best deal for me selfish, unfair, wrong, even downright immoral)
  • how one woman, using "female" interest-based negotiation tactics, survived a round of lay-offs by simply refusing to be laid off.
  • how to know whether your bargaining partner is "taking" you
  • how not to be "taken"
  • how to be at choice in the great "money vs. quality of life" conundrum

At the end of the course, you will be able to:

  • save at least $1300 on the purchase of your next car (this is the sum buyers are said to lose every time a woman negotiates the purchase of a vehicle)
  • ask for and get the raise you deserve especially in this difficult economy
  • ask for a get the "lifestyle" concessions you want without giving up salary in return
  • get the better part of the bargain even when negotiating from a position of weakness
  • negotiate better deals for your clients, friends and family

And you do not have to be aggressively competitive nor change a single thing about yourself other than to practice the skills we teach you -- how to negotiate in an interest-based collaborative, problem solving way.

The Comparables

One of the primary ways we learn to test the value of an offer is to check out what the competition is charging for the same services.  When the services are this unique (Lisa's life-altering coaching skills coupled with my dynamite negotiation training) it's difficult to find anything comparable, but here's my attempt to do so.

Why us?

First of all, we're women.  In my market - the negotiated resolution of complex commercial litigation with hundreds of millions of dollars at stake, I can tell you frankly that my gender is not a selling point.  It should be because conflict resolution and negotiation are more about influence and people skills than they are about power and authority.  While we wait for the guys to get it, we can (men, don't read this) totally overtake them by learning what they know (distributive, competitive negotiation strategy and tactics) while at the same time using what we already know (interest-based, collaborative, problem-solving negotiation strategy and tactics).

Are you with us?  Come on the journey.  Change your life and the lives of those you care about by adding economic power to the powers you already possess in abundance.  It's the Century of the Woman.  We need you to step up to the line because this is not just about getting the best deal on your next flat screen TV purchase. It's literally about saving the planet!

Comments (5)

Read through and enter the discussion by using the form at the end
Joe Markowitz - March 20, 2010 1:53 PM

Could this post be any more chock full of ethnic and gender stereotypes? I wonder. I think if you're going to make statements about Thais and bar fights or women and collaboration, you should qualify them with a disclaimer to the effect that, of course none of these stereotypes are actually more than gross generalizations with only limited applicability to the individuals you actually meet in real life. Maybe I'm naive but I think the first principle of cross-cultural negotiation should be to treat everyone as an individual and try to put aside any pre-conceptions you might have about them based on their ethnicity, religion, culture, or sex. Otherwise I risk offending the Indian who I start out assuming is a sharp bargainer, or the American who I start out assuming is a dumb sap, or the man who I start out assuming is all about power and authority, etc.

I get the whole cross-cultural sensitivity thing. We need to be conscious that different gestures might mean different things in different cultures, or that different cultures might have different expectations about how to conduct negotiations. But I think you have to be careful about turning cultural sensitivity into stereotyping, which is only one step away from bigotry.

I'm sure your course is great, and I hate to be critical, but I also have to question why you think that being a woman should be a selling point for anyone. If I said that someone should hire me because I am a man, you would be right to take offense. I am once again naive enough to believe that no one should hire anyone based on their gender or race or religion or politics or any criteria other than their actual qualifications for the job.

Vickie Pynchon - March 20, 2010 2:56 PM

Joe,

First, you don't have to say that someone should hire you because you are a man. They are already hiring you because you are a man. See my posts on implicit gender bias or simply look at the ads for the Daily Journal's "top neutrals." What's missing from the picture?

Second, the comments about Thais in bar fights, negotiating with the Chinese, and about American vs. Indian negotiating styles are not mine, nor are they all Xan's. If you read Xan's post from which those references are drawn, you'll see that the comments about Thais, Americans and Indians come from conversations Xan had while she lived in China. As to her comments on negotiating with the Chinese, I think you'll see that they are grounded in experience.

The other issue - whether I can say women are better at some things than men are and men are better at some things than women are - is correctly aimed directly at me.

I have several reactions and comments. First, the research is pretty much in on the differences between men's and women's negotiation styles; on women's aversion to negotiation; and, on men's use of negotiation to obtain competitive advantage which accounts, at least in part, for the persistent wage gap between men and women. I didn't post a stereotype alert here, but if you're reading my blog, I'm assuming you (not everyone necessarily, but certainly you, Joe) know that I understand there are many shades of gray between the black of male and white of female stereotype (or the blue of male and pink of female stereotype).

I do believe groups who both historically have and presently continue to suffer from implicit bias should be given a "pass" when tossing a bone to a group that suffers low self-esteem (and economic hardship) as the result of negative cultural stereotypes.

I do not feel any shame whatsoever as a professional women who has spent 100% of her career in what was then and continues to be a privileged male dominated occupation (commercial litigation) to tell women what culturally generated and perhaps evolutionarily innate characteristics common to their gender make them as good (and sometimes better) negotiators as are men.

You are quite right that the people who are in power - white men for instance - do not get to exclude the people who are not in power. Nor do they get a pass on privileging themselves over those out of (or still catching up to) positions of power - economic, social, cultural, educational, and political.

In those areas in which men have historically suffered discrimination -- child custody matters for instance -- you could well "get a pass" on extolling certain male characteristics that would make men as good (or better) caretakers of infants and children as women.

When the day arrives when women possess as much economic power as men (when, for instance, I don't have to say that women lawyers make 60 cents on every male lawyer's dollar) I will stop talking to women about ways in which they can compete with men. Until that day, I'm afraid I'll continue to offend your sensibilities by suggesting that while men are better at some things than women (unscrewing the tops from jelly jars comes to mind) women are as good or better at many other traditionally male-oriented tasks and should pick up both "male" and "female" skills to compete effectively in male domains.

Joe Markowitz - March 20, 2010 11:55 PM

You make a lot of really good points, and I probably over-reacted to your original post. But I can't help adding that while I have also heard of the research showing that women get taken advantage of in negotiations more than men, I'm not sure that research applies to male and female attorneys, which is a more select and more indoctrinated group than the general population, and a group in which the level of competitiveness starts out being pretty high among members of both sexes.

I have never really noticed in 30 years of doing litigation, that male attorneys are generally more preoccupied with competition, power and authority, or that female attorneys are more collaborative and problem-solving in approach. If anything, I have noticed the opposite. So I think it is best not to assume, whether I find out that I am going to be dealing with a male or female as an adversary in any particular case, that they are likely to act according to any particular stereotype. Starting off with those kinds of assumptions can get you in trouble.

Vickie Pynchon - March 21, 2010 12:51 AM

Thanks for your response, Joe. I appreciate your taking a second look at the issues raised here.

As a woman who spent her entire adult life practicing law in a male dominated profession, I do believe I'm uniquely positioned to help women who are not necessarily lawyers explore their reluctance to negotiate distributively and competitively.

I also wrote this post after reviewing the negotiation self-assessments of the women participating in last week's free introduction teleseminar which revealed the same type of negotiation discomfort among attendees about which Babcock and Laschever wrote so compellingly in Women Don't Ask: Negotiation and the Gender Divide (http://www.womendontask.com/).

Though women MBA's (a group similar to women lawyers in competitive spirit and ambition) stand to lose $1 million in earnings throughout their careers by failing to negotiate their first post-grad salaries, you are probably right to suggest that women lawyers (and likely also women MBA's) are "outliers."

Be assured that I do not assume anything about any individual based upon statistical correlations. Statistics can predict what groups will do and give us a snapshot of trends. They cannot predict nor accurately represent the behavior, feelings, fears, joys, dreams, skills, talents, education and experience of any individual.

I make an effort not to bring any biases to my dealings with anyone. Nevertheless, as I said in the series on gender bias, even I - a woman who identifies more strongly with career than with family - continue to associate men more strongly with career and women more strongly with family (based upon the gender association test at Project Implicit).

I understand from the studies done to date that implicit bias is relatively easy to overcome when we are conscious of it and impervious to change when we are not. My intent in writing about these "toxic" issues is to raise consciousness, not to perpetuate stereotypes. To the extent I failed, I apologize, not only to you but to all my readers.

(and yes, I do sometimes feel competitive with "men" as a class, for which I can only plead human fallibility)

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