NONVERBAL SIGNALS AND NEGOTIATING INTERACTIONS
By
Charles B. Craver
Nonverbal communication, which is one of the most significant sources of
information available to negotiators, is often overlooked. The negotiating parties tend to
concentrate on what is being verbally communicated, and they fail to appreciate the
information being nonverbally displayed. This is especially true when opponents are
talking, but it is even true when these persons are speaking. Since most individuals find it
easier to be less than forthright verbally than nonverbally, people who fail to observe
opponent nonverbal signs are likely to miss the most trustworthy messages being
communicated by their adversaries. Certain nonverbal signals may also suggest that
accompanying verbal messages are deceitful. While no one signal is a conclusive
indication of deception, observers who look for relevant nonverbal patterns and changes
can learn to spot likely prevarication.
Skilled negotiators need to appreciate the importance of nonverbal signals. They
should occasionally read books on this critical subject and watch body language being
communicated by others in different settings. The more attuned negotiators are to these
subtle messages, the more they will appreciate the actual feelings of the people with
whom they interact. Recognizing that it is difficult to simultaneously speak and watch the
nonverbal responses of others, many negotiators take colleagues with them to look for
such signals while they are talking.
It would be impossible to cover the many nonverbal signals explored in the many
excellent books devoted to nonverbal communication, but it would be helpful to focus on
a few to introduce readers the this critical topic. Once people begin to appreciate the
importance of reading nonverbal signals, they may be induced to peruse several of these
books in an effort to become more adept at reading such signs.
COMMON NONVERBAL SIGNALS
1.
Facial Expressions
Facial expressions are the most easily manipulated forms of nonverbal
communication for most persons, yet subtle clues to the actual feelings of the signalers
can often be perceived by careful observers. Taut lips may indicate frustration or anxiety.
A subtle smile, often hidden quickly by a bowed head, or brief signs of relief around the
corners of opponent mouths when new offers are made, may indicate that the offeror has
approached or entered the other side’s settlement range.
2.
Flinch
A flinch may be an uncontrolled response to an inadequate offer or concession.
This may sincerely indicate the unacceptable nature of the offer being conveyed. On the
other hand, manipulative negotiators may employ a contrived “flinch” to silently
challenge the adequacy of opponent opening offers or concessions. Negotiators who
encounter what they consider to be truly reactive flinches should decide if their
announced positions are clearly unacceptable. On the other hand, negotiators who think
opponents are using disingenuous flinches to induce them to bid against themselves with
consecutive position changes should: (1) recognize the manipulative nature of their
opponents and (2) be careful not to change positions until they have obtained position
changes from their adversaries.
3.
Wringing of Hands
This is frequently a sign of frustration or tension. Distraught individuals often
twist their hands and fingers into seemingly painful contortions. This signal usually
emanates from persons who are anxious regarding aggressive tactics being employed by
opponents or about wholly unsatisfactory negotiation developments.
4.
Tightly Gripping Arm Rests/Drumming Fingers on Table
Impatient or frustrated persons frequently grip the arm rests of their chairs tightly
or drum their fingers on the table. Negotiators who exhibit such behavior are most likely
displeased by the lack of progress they think is occurring.
5.
Biting Lower Lip/Running Fingers Through Hair
These signals usually indicate stress or frustration. They emanate from persons
who are disappointed by the lack of negotiation progress and/or their perceived opponent
intransigence.
6.
Eyes Wandering/Looking at Watch
These are signs of boredom and disinterest. Such signals would suggest a serious
lack of interest in what is being said. Negotiators who encounter such signs should ask
their opponents questions to force them to become more involved in the substantive
discussions.
7.
Sitting on the Edge of One’s Chair
This is a definite sign of interest. When it follows a newly articulated position, it
suggests real interest in what is being offered. Most people do not sit on the actual front
of their chair, but only lean slightly forward. On the other hand, some individuals may
lean so far forward they place their elbows on the table in front of them.
8.
Hands Touching Face/Stroking Chin/Playing with Glasses
These are signs of contemplation. Individuals feel uncomfortable sitting in silence
while they consider unanticipated opponent disclosures or position changes. To cover
their pregnant pauses, the actors use these devices to look as if something is actually
happening while they contemplate their next moves. Such actors are likely to reject the
offers that generated such nonverbal responses, but they will probably do so more
positively to keep the process moving.
9.
Steepling (Hands Pressed Together with Hands or Fingers Pointed
Upward)
This is a sign of confidence, suggesting that the actors are pleased with
developments. Negotiators who observe such signals should be careful not to concede
more than they have to.
10.
Leaning Back with Hands Behind Head
This particularly masculine posture is another sign of confidence. It may
alternatively be an indication of contentedness. The actors are very pleased with
negotiation developments. When men are interacting with women, it can also be a sign of
domination. Female negotiators who observe such behavior in opponents should be
cautious, because their opponents probably think things are going their way.
11.
Placing One Hand Behind Head
When individuals use one hand to clasp the neck behind their ears, this is usually
an indication of distress. It is as if the actors are psychologically giving themselves
consoling hugs to counteract the negative consequences they are experiencing.
Negotiators exhibiting this posture most likely see negative developments ahead.
12.
Open/Uplifted Hands with Palms Facing Out
This posture is used to indicate the sincerity of what is being verbally
communicated. It is frequently associated with “final offers” to demonstrate that the
offeror has nothing more to concede. If the signal seems insincere, it is most likely a
deliberate attempt to deceive opponents.
13.
Crossed Arms/Crossed Legs
This may be an aggressive, adversarial posture or a defensive position, depending
on the particular position of the arms and legs. If the arms are folded high on the chest
and one leg is crossed with one ankle on the knee of the other, this tends to be a
combative posture. On the other hand, if the arms are folded low on the chest and one leg
is draped over the other, it is a more defensive posture. In both cases, however, these tend
to be unreceptive positions. If opponents begin bargaining interactions in such positions,
it can be beneficial to take the time to establish sufficient rapport to induce them to
become more receptive to what is being discussed.
14.
Covering and Rubbing One Eye
This is a nonverbal sign of disbelief. It is the nonverbal equivalent of the
disbelieving expression “my eye.” Negotiators who encounter this posture when they are
making critical representations should recognize the possibility their statements are not
being accorded much respect. They may have to restate their communications in a more
credible manner.
NONVERBAL SIGNS OF DECEPTION
In his classic book Telling Lies (1992 Norton), Paul Ekman noted that people are
especially inept at determining from nonverbal signals when they are being lied to. Some
of this is due to the fact that dishonesty can range from mere puffing to unequivocal
deceit. Despite the fact that no particular nonverbal sign is a certain indication of
deception, there are some signals that should cause observers to become suspicious.
Some reflect the stress usually associated with lying, while others are deliberately
employed by speakers to enhance the credibility of the misrepresentations they are about
to utter.
1.
Increase/Decrease in Statement Specificity
When individuals tell the truth, they fill in little details as they are recalled. When
people lie, however, there are no actual details to remember. As a result, they often omit
the usual amplifying details, articulating the bare bones of their fabrication. On the other
hand, carefully prepared liars may provide an excessive amount of information designed
to make their fabrications appear more credible. Specific questions can be used to force
minimal detail liars to fill in details they don’t really know or to discover whether
detailed statements are really accurate.
2.
Increased/Decreased Gross Body Movement
When individuals interact, they move their arms, legs, and torso regularly. They
rarely sit perfectly still. Under stressful situations, some persons become more fidgety
and move their arms and legs at an increased rate. Deceitful people who are afraid of
getting caught may exhibit similar movement. On the other hand, some fabricators
deliberately minimize their body movements in an effort to appear more trustworthy. As
a result, negotiators should be on guard when they evaluate the veracity of statements
emanating from individuals who have clearly increased or decreased their gross body
movements.
3.
Placing Hand Over Mouth
Most persons believe that lying is morally wrong. Their consciences bother them
when they deceive others. Psychologists have noticed that liars frequently place their
hands over their mouths when they speak, as if they are subconsciously trying to hold in
the lies they know are morally reprehensible.
4.
Eyes Looking Up to Wrong Side
When people try to recall past circumstances from memory, right handed
individuals tend to look up and to the left and left handed persons tend to look up and to
the right. On the other hand, when individuals try to create new images, right handed
persons tend to look up and to the right and left handed people look up and to the left.
When right handed negotiators look up and to the right or left handed negotiators look up
and to the left, this may suggest that they are not trying to recall actual circumstances but
are instead creating false stories.
5.
Dilated Pupils/More Frequent Blinking
When persons experience stress, the pupils of their eyes widen and their rate of
blinking increases. Although negotiators rarely interact with others in such proximity that
they can see the size of their pupils, they can easily notice increased blinking. This may
be due to foreign matter that has entered the eyes of such people, or it may be due to
stress associated with deception.
6.
Narrowing/Tightening of Margin of Lips
Stress often causes individuals to briefly narrow and tighten the red margin of
their lips just before they speak. Careful observers may be able to see the lips of
prospective speakers tighten into a narrow line across their lips just before they utter false
statements.
7.
Elevated Voice Pitch
Persons experiencing anxiety frequently raise their voice pitch when they speak.
Even though experienced prevaricators work to control their voice when they talk,
listeners can often discern their increase in voice pitch.
8.
More Deliberate/Rapid Speech
Individuals who experience stress when they lie may speak more rapidly. On the
other hand, persons who wish to have their misrepresentations completely heard may
speak more slowly.
9.
Increased Speech Errors
Many persons who try to deceive others have a greater number of speech errors.
They may stutter, repeat phrases, or trail off without finishing their statements. They may
also include nonsubstantive modifiers like “you know” or “don’t you think.” It is as if
their conscience is disrupting the communication between their brain and their mouth to
prevent the prevarication.
10.
More Frequent Clearing of Throat
The tension associated with lying may cause speakers to engage in more throat
clearing. As they prepare to utter their false statements, they nervously clear their throats.
If after reading this you go home and ask your spouse or significant other if
he/she loves you and that person increases or decreases their gross body movement,
places their hand over their mouth, blinks more rapidly, speaks with an elevated voice
pitch, and speaks more deliberately or more rapidly, your relationship is probably in deep
trouble!
Charles B. Craver is the Freda H. Alverson Professor at the George Washington
University Law School. He is the author of Effective Legal Negotiation and Settlement
(5th ed. 2005 LEXIS) and The Intelligent Negotiator (2002 Prima/Crown), and coauthor
of Alternative Dispute Resolution: The Advocate’s Perspective (3rd ed. 2006 LEXIS).
Over the past thirty years, he has taught negotiation skills to over 75,000 attorneys
throughout the United States and in Canada, Mexico, Puerto Rico, Austria, England,
Germany, and China. He can be reached at ccraver@law.gwu.edu
Copyright © 2007 Charles B. Craver