How do you spot a lie in a negotiation? | Negotiation in 2


Station 4 Negotiation

August 4th, 2026

How do you spot a lie in a negotiation?

Negotiation in 2

Two minutes.
One real situation.
One thing you can actually use the next time you need to persuade someone.

Sooner or later, someone across the table is going to lie to you. The only question is whether you'll catch it.

Most people think detecting a lie is a matter of memorizing tells — the broken eye contact, the touched nose, the arms folded across the chest. Buy the right book and you'll learn to read them. But a tell means nothing on its own. Some people never make eye contact. Some people fidget through the friendliest lunch of their lives. A behavior is only a signal if it's a departure from how that person normally behaves — and you can't spot a departure if you never learned the norm.

Which means the real work happens before you ever ask the hard question. It happens in the small talk you were tempted to skip.

Years ago I represented a businessman in a fight with his bank. His real estate company had borrowed heavily, defaulted, and the bank sued — the company and him personally, because he'd signed a personal guarantee. Except he swore he never signed it, and he produced a form, apparently signed by a bank officer, waiving the guarantee. The officer didn't remember signing it. It wasn't in the bank's files. But there it was, on the old waxy fax paper of the era, curled and yellowed with age exactly the way those pages went.

Now, this was a talkative man. Warm, funny, a storyteller — the kind of guy who fills a room. Then we sat down for his deposition, and he changed. Suddenly, he was giving clipped, one-word answers. Yes. No. Yes. No. Nothing volunteered, nothing natural. Lawyers do tell clients not to volunteer — but this wasn't discipline. It was a different person than the one I'd been talking to twenty minutes earlier. It nagged at me and I couldn't say why.

We settled the case. Years later I ran into him, we got to reminiscing, and he grinned and said, "You know, I thought using that yellowed paper was a nice touch."

He'd forged the whole thing! And the only warning I ever got was that stretch in the deposition where a loud man went quiet — the gap between his baseline and the way he answered when his answers really mattered.

You see this everywhere once you know to look — even, oddly enough, in this one case: Lee Harvey Oswald.

Months before the JFK assassination, Oswald sat for a New Orleans radio appearance — in which he was calm and measured, used lots of uhs, and never answered questions directly. So that was his baseline, captured before the world had any reason to watch him.

Compare that to the midnight press conference after his arrest on November 22, 1963. A reporter asks, "Did you kill the president?" The uhs vanish, there's a flinch you'll miss if you blink, and instead of an innocent man's explosion of words you get a very stilted, direct answer: "Nobody has said that to me yet." Same man. Completely changed speaking patterns.

A lie rarely announces itself. What announces itself is the gap between how someone normally behaves and how they behave the instant you touch a nerve.

I walk through the full method — including the Oswald tapes, side by side — in episode 39 of the podcast, linked at the bottom.

This is why rushing a negotiation costs you more than time.

When you slow down at the start — how was the drive, how's the new role, tell me how your team is structured — you are not making pleasant noise. You are running reconnaissance. You're learning this person's ordinary: how fast they talk, where they look, whether they answer straight or wander, what they do with their hands when nothing is at stake. So that later, when you say something that matters, you notice differences.

Let's say you're weighing a new supplier, there's a big contract on the table, and for twenty minutes the guy across from you is loose and easy — cracking jokes, telling stories about his kids, laughing at his own punchlines, hands going the whole time. Warm as can be.

Then you turn the conversation to a concern you have: we heard a run of your shipments last quarter came in with stress cracks. And the room turns with it. The smile flattens. The stories stop. That easy rhythm you'd listened to all afternoon just locks up. A beat of silence — then a clipped: "nobody's raised that with me." Noteworthy, and you catch it. Not because a nose got touched. Because the man who was yukking it up a second ago is suddenly somebody else. The needle jumped off a line you knew was there.

One caution, straight from the people who train interrogators for a living:

A single flicker means nothing. Wait for a cluster — two or three deviations landing together within about five seconds of your question. One raised eyebrow is noise. A flinch, a repeated question, and a non-answer arriving in the same breath is a place to dig.

So here's what I'd sit with. In your last hard conversation, could you have described the other person's normal? Or did you walk in cold, ask a question that mattered, and have nothing to measure the answer against?

Remember: negotiation is life.

– Gene

Hear the full story on episode 39 –

The Truth About Lying: How to Spot Deception in High-Stakes Negotiations

GENE KILLIAN

is a practicing attorney, small business owner, and court-approved mediator with nearly four decades of experience leading high-stakes negotiations and teaching their underlying psychology. He holds degrees from the University of Michigan Law School and the University of Chicago, and is the author of the forthcoming book Yield to Win: Tai Chi Style of Negotiation.

Admitted to the Bar in New Jersey and New York, Gene has been repeatedly named a “Super Lawyer” by New Jersey Monthly and one of the Best Lawyers in America. He is AV® rated by Martindale-Hubbell, recognized by U.S. News & World Report as a leading insurance lawyer in New Jersey, and serves as a Senior Fellow and New Jersey Co-Chair of the Litigation Counsel of America.

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Station 4 Negotiation

We reverse-engineer real-world deals to show you what actually moves outcomes. We break down what each side wanted, the moves they made, and what worked – so you can use it in your own conversations. No buzzwords. Just practical strategy.

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