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Getting to Yes or No

Getting to Yes or No

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  • 1. Torc Thumbnail # 4 Getting to YES - Negotiating Agreement Without Giving In © Torc Consulting Group
  • 2. Getting to YES: Negotiating Agreement Without Giving In Getting to YES: Negotiating Agreement Without Giving In by Roger Fisher, William Ury & Bruce Patton. © Torc Consulting Group
  • 3. Getting to YES: Negotiating Agreement Without Giving In According to Fisher & Ury any method of agreement may be fairly judged by three criteria: 1. 2. 3. It should produce a wise* agreement if agreement is possible It should be efficient It should improve or at least not damage the relationship between parties *A wise agreement can be defined as one which meets the legitimate interests of each side to the extent possible, resolves conflicting interests fairly, is durable, and takes community interests into account. © Torc Consulting Group
  • 4. Getting to YES: Negotiating Agreement Without Giving In Positional Bargaining – where each side takes a position, argues for it and makes concessions to reach a compromise – does not produce agreements which meet the three criteria. © Torc Consulting Group
  • 5. Getting to YES: Negotiating Agreement Without Giving In To support the case against positional bargaining they state:  Arguing over positions produces unwise agreements  Arguing over positions is inefficient  Arguing over positions endangers an ongoing relationship  Where many parties are involved, positional bargaining leads to more complex negotiations  Any negotiation primarily concerned with the relationship runs the risk of producing a sloppy agreement. © Torc Consulting Group
  • 6. Getting to YES: Negotiating Agreement Without Giving In The Principled Negotiating Approach is designed to address and meet the three criteria and involves the following steps: 1. 2. 3. 4. People – Separate the people from the problem Interests – Focus on interests, not positions Options – Generate a variety of possibilities before deciding what to do Criteria – Insist that the result be based on some objective standard © Torc Consulting Group
  • 7. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Separating the People from the Problem Every person involved in dispute resolution has two interests: a) b) in the substance - our own interests in the problem in interpersonal relationships When relationships become entangled with the problem, negotiations can fail or not produce a fair and robust outcome. © Torc Consulting Group
  • 8. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Separating the People from the Problem – contd. The people side of negotiations can be addressed by:    Clarifying perceptions Allowing emotions to be expressed Maintaining clear communications Separating people from the problem allows parties to deal with the human aspect in parallel with addressing the problem on its merits. © Torc Consulting Group
  • 9. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Focus on Interests, Not Positions  Your position is something you have decided on, your interests are what caused you to so decide.  It is important to build a picture of your own and of the various interests of those other parties involved in the negotiations.  Interests can be identified by asking Why? and Why Not? as distinct from What? © Torc Consulting Group
  • 10. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Focus on Interests, Not Positions cont/d  Establish the legitimacy of your interests and demonstrate that you appreciate the other party interests  Present your interests before outlining your proposals.  Don’t overlook basic human needs e.g. security, economic wellbeing, a sense of belonging, recognition, control over one’s life. © Torc Consulting Group
  • 11. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Invent Options For Mutual Gain In negotiations the four major obstacles that inhibit the inventing of options are:     Premature judgement Searching for a single answer The assumption of a fixed pie Thinking that ‘solving their problem is their problem’ © Torc Consulting Group
  • 12. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Invent Options For Mutual Gain To generate creative options you need to:     Separate the act of inventing options from the act of judging them Try to broaden options Search for mutual gains Invent ways to make their decisions easy © Torc Consulting Group
  • 13. Getting to YES: Negotiating Agreement Without Giving In Principled Negotiating Approach Insist on Using Objective Criteria Develop objective criteria based on fair standards or fair procedures. Open the discussion on objective criteria by:    Framing each issue as a joint search for objective criteria Reason and be open to reason as to which standards are most appropriate and how they should be applied Never yield to pressure, only to principle. © Torc Consulting Group
  • 14. Getting to YES: Negotiating Agreement Without Giving In On the question of pressure a refusal to yield except in response to sound reasons is an easier position to defend –publicly and privately –than is a refusal to yield combined with a refusal to advance sound reasons. © Torc Consulting Group
  • 15. Getting to YES: Negotiating Agreement Without Giving In What if they are more powerful? Develop a BATNA – Best Alternative to a Negotiated Agreement  In preparation for negotiations it is necessary to develop the alternatives against which to measure a proposal against. Also try to develop the other party’s BATNA.  Whether you should or should not agree on something in a negotiation depends entirely on the attractiveness to you of the best available alternative  The better your BATNA, the greater your power. © Torc Consulting Group
  • 16. Getting to YES: Negotiating Agreement Without Giving In What if the other side won’t play to the same rules and insist on attacking your proposals and maximising their gains?    Continue to concentrate on the merits rather than positions Rather than resisting their force, seek out and discuss the principles underlying the other side’s positions Consider using a third party to mediate © Torc Consulting Group
  • 17. Getting to YES: Negotiating Agreement Without Giving In What if the other negotiator uses dirty tricks?  Recognise the tactic explicitly  Question the tactic, not their personal integrity  Insist on using objective criteria  As a last resort – turn to your BATNA and leave the negotiations © Torc Consulting Group
  • 18. Getting to YES: Negotiating Agreement Without Giving In For further information, please contact: Tony Roe Torc Consulting Group 4 Lower Pembroke Street Dublin 2 Ph : +353-1-6623020 tr@torc.ie © Torc Consulting Group