This document provides strategies for overcoming positional bargaining when negotiating. It discusses three approaches: focusing on what you can do through principled negotiations, focusing on what the other side can do using negotiation jujitsu techniques, and focusing on what a third party like a mediator can do using a one-text mediation procedure. The one-text procedure involves a mediator drafting a single text that both sides jointly comment on to reconcile their interests without abandoning their original positions. The overall message is that changing your negotiation approach and engaging the other side differently can help overcome positional stalemates.

1. WHAT IF THEY WON’T PLAY
The quickest
way to
overcome
positional
bargaining

2. Three basic approaches to draw their
attention on the merits:
• Focus on what YOU can do
Principled Negotiations
• Focus on what THEY can do
Negotiation Jujitsu
• Focus on what a THIRD PARTY can do
One-text mediation procedure

3. NEGOTIATION JUJITSU
Do NOT push back!
As in the oriental martial
arts of Judo and Jujitsu,
use your skills to step
aside and turn your
strenght to your ends.

4. GETTING TO YES IN
THREE STEPS:
• DO NOT attack their position. Treat it as a
possible option.
• DO NOT defend your idea. Ask them
what’s wrong with it.
• ASK questions and pause.You’ll get an
answer, not resistance.

5. THE ONE-TEXT PROCEDURE
A mediator can separate
the people from the
problem and direct the
discussion to interest and
options.

6. The KEY in one-text procedure is that the
mediator is not committed to any draft.
The GOAL is to invent the best possible
reconciliation of the two parts’ interests.
The two parts don’t have to abandon their
positions, but they now sit side by side,
JOINTLY commenting and criticizing the plan
as it takes shape.

7. REMEMBER:
You can change the game simply by starting to play a new one.