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Getting to Yes
      Negotiating Agreement Without Giving In

                                      By Roger Fisher and William Ury




We cannot negotiate with those who say. “What’s mine is
mine and what’s yours is negotiable”. (John F. Kennedy)



“You can’t shake hands with a clenched fist.” (Indira Ghandi)
Negotiation

   Definition
   - Mutual discussion
   - Conflict resolution
   - Basic means of getting
    what you want from others

   Encompass
 - contracts, lawsuits,
business
 - spouse and teenagers
“Positional Bargaining”


Most Common Negotiation Style

   Each side takes a position, argues for it and
    makes concessions to reach a compromise.

   Less attention is paid to underlying concerns
    or interests of parties
“Positional Bargaining”

Accomodating                 Competing
(Participants Friends)       (Participants Adversaries)

   Goal – Agreement        Goal – Victory
   Make Offers             Make Threats
   One-Sided Loss          Insist on Your Position
    Position                Result - Hostility
   Result - Exploited
“Principled Negotiation”

Compromising
(Participants Problem Solvers)

   Goal – “Wise Outcome” (Objective Criteria)
   Make Mutual Gains
   Separate People from Position
   Result – Amicable Resolution
“Principled Negotiation”

    The Method is more popular
    among Academics and Mediators
    than in Business.

   The Method is synonymous with
    the popular phrase "Win-Win”
    Negotiation (Economic Game
    Theory)

   Interest-Based Approach: The
    parties reach an agreement after
    fully taking into account each
    others' interests.
The Method
1st Separate People from Problem

   1) Perceptions
        - Discuss Past Grievances or Disappointments

   2) Emotions
        - Human Aspect versus Objective Issue


   3) Communication
        - Listen “Actively” and Speak “Clearly”
        - Watch Body Language
The Method
    2nd Focus on Interests Not Positions

   1) Mutually Acceptable
         - Reconcile shared interests


   2) Different but Compatible
         - Identify their Interests & discuss openly


   3) Dovetailing
         - Items of low cost to you but high benefit for them

   4) Irreconcilable
         - Precedent Setting and Consequences (Short or Long Term)
The Method
3rd Invent Options for Mutual Gains

   1) Diagnosis
        - Non-Judgmental (Rational Explorations)


   2) Prescriptions
        - Multiple Options (No One Right answer)


   3) Agreements
        - 1st Creative Thinking (Decide Later)
The Method
4th Use Objective Criteria

   1) Standards
        - Scientific, Statistical, and Financial


   2) Legitimate
        - Practical, Legal and Professional


   3) Allow Parties “Save Face”
        - Each Issue is a Joint Search for Costs & Efficiency
        - Don’t’ Argue about Past – Look to Future
OK we will use the Method but ...

   1) What if they are move powerful?
         - BATNA (Best Alternative to Negotiated Agreement)
                   - Course Action if there is unsatisfactory agreement or
                    when an agreement cannot be reached - invented prior to
                    negotiation.


   2) What if they won’t play?
         - Negotiational Jujitsu
         - One Text Procedure


   3) What if they use dirty tricks?
         - Recognize and draw attention to them
Review: Getting to Yes
Negotiating Agreement Without Giving In


   1) Positive
         - 1981 Classic on Negotiation Theory
         - Favors Relationship and Substantive Issues

   2) Negative
         - Academic Jargon (Rambling Text)
         - “The Method” Questionable
                 (Real World Business-Globalization)

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Getting To Yes

  • 1. Getting to Yes Negotiating Agreement Without Giving In By Roger Fisher and William Ury We cannot negotiate with those who say. “What’s mine is mine and what’s yours is negotiable”. (John F. Kennedy) “You can’t shake hands with a clenched fist.” (Indira Ghandi)
  • 2. Negotiation  Definition  - Mutual discussion  - Conflict resolution  - Basic means of getting what you want from others  Encompass - contracts, lawsuits, business - spouse and teenagers
  • 3. “Positional Bargaining” Most Common Negotiation Style  Each side takes a position, argues for it and makes concessions to reach a compromise.  Less attention is paid to underlying concerns or interests of parties
  • 4. “Positional Bargaining” Accomodating Competing (Participants Friends) (Participants Adversaries)  Goal – Agreement  Goal – Victory  Make Offers  Make Threats  One-Sided Loss  Insist on Your Position Position  Result - Hostility  Result - Exploited
  • 5. “Principled Negotiation” Compromising (Participants Problem Solvers)  Goal – “Wise Outcome” (Objective Criteria)  Make Mutual Gains  Separate People from Position  Result – Amicable Resolution
  • 6. “Principled Negotiation”  The Method is more popular among Academics and Mediators than in Business.  The Method is synonymous with the popular phrase "Win-Win” Negotiation (Economic Game Theory)  Interest-Based Approach: The parties reach an agreement after fully taking into account each others' interests.
  • 7. The Method 1st Separate People from Problem  1) Perceptions  - Discuss Past Grievances or Disappointments  2) Emotions  - Human Aspect versus Objective Issue  3) Communication  - Listen “Actively” and Speak “Clearly”  - Watch Body Language
  • 8. The Method 2nd Focus on Interests Not Positions  1) Mutually Acceptable  - Reconcile shared interests  2) Different but Compatible  - Identify their Interests & discuss openly  3) Dovetailing  - Items of low cost to you but high benefit for them  4) Irreconcilable  - Precedent Setting and Consequences (Short or Long Term)
  • 9. The Method 3rd Invent Options for Mutual Gains  1) Diagnosis  - Non-Judgmental (Rational Explorations)  2) Prescriptions  - Multiple Options (No One Right answer)  3) Agreements  - 1st Creative Thinking (Decide Later)
  • 10. The Method 4th Use Objective Criteria  1) Standards  - Scientific, Statistical, and Financial  2) Legitimate  - Practical, Legal and Professional  3) Allow Parties “Save Face”  - Each Issue is a Joint Search for Costs & Efficiency  - Don’t’ Argue about Past – Look to Future
  • 11. OK we will use the Method but ...  1) What if they are move powerful?  - BATNA (Best Alternative to Negotiated Agreement)  - Course Action if there is unsatisfactory agreement or when an agreement cannot be reached - invented prior to negotiation.  2) What if they won’t play?  - Negotiational Jujitsu  - One Text Procedure  3) What if they use dirty tricks?  - Recognize and draw attention to them
  • 12. Review: Getting to Yes Negotiating Agreement Without Giving In  1) Positive  - 1981 Classic on Negotiation Theory  - Favors Relationship and Substantive Issues  2) Negative  - Academic Jargon (Rambling Text)  - “The Method” Questionable (Real World Business-Globalization)