Insights from Ex-FBI Agent Jack Schafer

Negotiation isn’t just about being a good talker-it’s about being a great listener and an even better question-asker. But what if you could get the information you need without even asking direct questions? That’s the secret behind elicitation, a subtle and powerful technique used by professionals like former FBI agent Jack Schafer. In a recent episode of the Negotiations Ninja podcast, Schafer shared his top strategies for using elicitation to gain an edge in any negotiation[8].

Let’s break down these techniques in a way that’s easy to understand and practical for everyday life, whether you’re negotiating a business deal, buying a car, or just trying to get your little brother to spill the beans.

What Is Elicitation?

Elicitation is a conversational strategy designed to get people to reveal information they might not share if asked directly. Instead of confronting someone with a blunt question, you guide the conversation so they volunteer details-often without realizing it[9]. Schafer spent years using these techniques in counterintelligence, and now he teaches them to business professionals and everyday people.

Why Use Elicitation in Negotiation?

• It helps you gather hidden or sensitive information.
• It keeps the other person comfortable and off-guard.
• It avoids making people defensive, which often happens with direct questions.
• It can shift the power dynamic in your favor[8][9].

The 5 Key Elicitation Techniques

1. Presumptive Statements

Instead of asking, “Do you get a big commission on this sale?” you make a statement: “You must get a pretty good commission on this.” Most people will correct you if you’re wrong or confirm if you’re right.

Example: Jack Schafer once told a car salesperson, “You must make a good commission on this.” The salesperson replied, “Actually, I only make 3%.” By presuming, Jack got the salesperson to reveal information he wouldn’t have shared if asked directly.

Why it works:
People have a natural urge to correct others or clarify misunderstandings, so they often reveal more than they intend.

2. The Quid Pro Quo Technique

This technique is about giving a little to get a little. You share a piece of information-real or made up-and see if the other person responds with their own.

Example:
“I heard your company is dealing with some supply chain issues lately. We’ve had the same problem.” The other person will often respond with, “Yeah, it’s been tough. Our shipments from overseas are delayed by weeks.”

Why it works: People feel obligated to reciprocate when you share something first. It builds trust and opens up the conversation.

3. The Outrageous Statement

Say something exaggerated or even a little bit wrong. The other person will usually jump in to correct you, revealing the actual facts in the process.

Example: Jack said, “The markup on this car must be 15%.” The salesperson quickly corrected him, “No, it’s actually 25%.” If Jack had just asked, “What’s the markup?” the salesperson would likely have refused to answer.

Why it works:
People can’t resist correcting statements that are way off base. It’s a natural reaction.

4. Reported Facts

Mention something you “heard” or “read,” even if you’re not sure it’s true. The other person will either confirm or correct you, often sharing details you didn’t know.

Example: “You know, I read online that your company is having trouble with supply chain issues…” The other person may say, “No, that’s not true,” or they might say, “Actually, it’s been a nightmare lately.”

How to defend against it: If someone tries this on you, ask them to show you the article or source. Most people won’t be able to, and it puts the burden back on them.

5. The “Well…” Technique

Ask a yes-or-no question and pay attention to how the person answers. If they start with “Well…,” they’re probably about to give you an answer you’re not expecting-or they’re hiding something.

Example: Jack asked his son, “Did you finish your homework?” His son replied, “Well…” Jack immediately knew the homework wasn’t done[1].

Why it works: The word “well” is a sign that someone is stalling or about to give an excuse. It’s a subtle cue that they’re not telling the whole truth.

How to Use Elicitation in Real Life

You don’t have to be an FBI agent to use these techniques. Here’s how you can apply them:

• In business: Find out what a client’s real budget is by making a presumptive statement about their spending limits.
• In sales: Use the outrageous statement to get a competitor’s pricing without asking directly.
• With friends or family: Try the quid pro quo technique to get someone to open up about a problem.

Why Do These Techniques Work?

Jack Schafer explains that elicitation works because of basic human psychology:

• Truth Bias: Most people want to believe others are telling the truth until given a reason not to.
• Desire to Correct: People love correcting others, especially if they think you’re wrong.
• Reciprocity: When you share something, people feel pressure to share back[9].
• Nonverbal Cues: Watch for body language and tone of voice-these often give away more than words.

How to Defend Against Elicitation

Just as you can use elicitation, others may try to use it on you. Here’s how to protect yourself:

• Don’t correct every wrong statement-sometimes it’s better to stay quiet.
• If someone mentions a “fact” you haven’t heard, ask for proof.
• Be aware of your own tendency to overshare when someone shares something first.
• Notice your own nonverbal cues when you’re uncomfortable or unsure.

Building Trust and Rapport

Elicitation isn’t about tricking people-it’s about creating a comfortable environment where information flows naturally. Schafer also teaches the importance of building rapport and trust. When people like and trust you, they’re more likely to open up. Use friendly body language, smile, and show genuine interest.

Conclusion: Mastering the Art of Elicitation

Elicitation is a powerful skill that anyone can learn. By using techniques like presumptive statements, quid pro quo, outrageous statements, reported facts, and paying attention to verbal cues like “well,” you can gather valuable information without making people defensive. These techniques work because they tap into natural human behaviors-our desire to correct, to reciprocate, and to be believed.

Next time you’re in a negotiation, try using one of these techniques. You might be surprised at how much people reveal-sometimes even more than they realize themselves. And remember, the best negotiators aren’t just good talkers-they’re great listeners and even better elicitors.

Inspired by the insights of Dr. Jack Schafer, as shared on the Negotiations Ninja podcast and his book “The Truth Detector.”