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Negotiation a 'YES' Agreement by Derek Hendrikz


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Negotiating Yes by Derek Hendrikz summarises the book "getting to yes - negotiating an agreement without giving in" by authors William Ury and Roger Fisher. Don't bargain over positions, separate people from the problem, focus on interest not positions, invent options for mutual gain, insist on using objective criteria, develop your BATNA, best alternative to negotiated settlement.

Negotiation a 'YES' Agreement by Derek Hendrikz

  1. 1. 5laws of getting to …
  2. 2. (1) Don’t Bargain over Positions
  3. 3. Don’t Bargain Over Positions… • Produces unwise agreements; • Is inefficient; • Endangers an ongoing relationship; and • Leads to deadlocks. Arguing over positions:
  4. 4. change the game…… use Principled Negotiation
  5. 5. Principled Negotiation boils down to 4Basic Points… 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
  6. 6. (2) Separate People from the Problem
  7. 7. Separating People from the Problem… • Negotiators put people first • Every negotiator has two kinds of interests: substance and relationship • Separate relationships from substance, and deal directly with people problems • Prevention works best
  8. 8. Adjust your Perception… • Put yourself in their shoes • Don’t deduce their intentions from your fears • Don’t blame them for your problems • Discuss each other’s perceptions • Look for opportunities to act inconsistently with their perceptions • Give them a stake in the outcome by making sure they participate in the process • Face-saving: Make your proposals consistent with their values
  9. 9. Working with Emotion… • First recognise and understand emotions (theirs and yours) • Make emotions explicit and acknowledge them as legitimate • Allow the other side to let off steam • Don’t react to emotional outbursts • Use symbolic gestures
  10. 10. Effective Communication… • Listen actively • Speak to be understood • Speak about yourself, not them • Speak for a purpose
  11. 11. (3) Focus on Interest NOT Positions
  12. 12. Focus on Interests, not Positions… • For wise solutions reconcile interests, not positions • How do you identify interests? • Ask “Why?” • Ask “Why not?”
  13. 13. Talk about Interests… • Make your interests come alive • Put the problem before your answer • Look forward not back • Be concrete but flexible • Be hard on the problem, soft on the people
  14. 14. (4) Invent Options for Mutual Gain
  15. 15. Invent Options for Mutual Gain… • Premature judgement • Searching for the single answer • The assumption of a fixed pie • Thinking that “solving their problem is their problem” In most negotiations, four major obstacles inhibit an abundance of options:
  16. 16. To invent creative options, you will have to… • Separate inventing from deciding • Broaden the options • Search for mutual gains • Invent ways of making their decisions easy
  17. 17. (5) Insist on using Objective Criteria
  18. 18. Insist on using objective criteria… • Commit yourself to reaching a solution based on principle, not pressure. • Principled negotiation produces wise agreements amicable and efficiently
  19. 19. Develop objective criteria by establishing… • Fair standards • Fair procedures
  20. 20. Negotiating with objective criteria… • Frame 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 apply • Never yield to pressure, only on principle
  21. 21. (6) Develop your BATNA
  22. 22. BATNA… The difference between a BATNA and a bottom line is that the BATNA leaves you options whilst bottom line leaves you with a deadlock, if your negotiating partner is not prepared to give in. Best Alternative To a Negotiated Agreement:
  23. 23. The better your BATNA the greater your power… • Invent a list of actions you might conceivably take if no agreement s reached. • Improve some of the more promising ideas and convert them into practical alternatives. • Select, tentatively, the one option that seems best.
  24. 24. Make your case stronger by considering the other sides BATNA
  25. 25. How did Cyril and Roelf get to YES? Watch the video and learn how applying these principles has changed the fate of South Africa
  26. 26. What was the ANC’s Position? Immediate majority rule. Immediate release of political prisoners on death row.
  27. 27. What was the NP’s Position? No total surrender to majority rule.
  28. 28. Separate people from the problem? Worked hard on building a personal relationship. Developed a common vision that they could both work towards. Spent hours on understanding each others fears and expectations. Filled the gaps for each other where the one did or could not understand. Kept the communication lines open – met privately in a place called the “channel”…
  29. 29. Focus on interest, not positions? Developed ‘Face Saving’ mechanisms in the form of ‘safe’ one-on-one discussions where they could speak openly and honestly about interests and needs. Conceded the weaknesses of their own case. Constantly negotiate towards a common vision. Collectively held the belief that every problem has a solution.
  30. 30. Invent options for mutual gain? Apart for the formal mandate, also had a ‘open’ mandate that allowed for some space and exploration. Allowed positions to evolve towards a place of realism. They negotiated on various levels (Cyril negotiated with Roelf, the masses and the ANC… Roelf negotiated with Cyril and the NP, etc..) They sold ideas and common interest to their constituencies.
  31. 31. Insisted on using objective criteria? Looked at various constitutions around the world, and in doing so created various bench marks. Used experts and advisors who consulted them on what would work and not work in a conflict ridden society.
  32. 32. Triangle 1 Triangle 2 Scope Risk Cost Quality Time Resources