FACULTY OF LAW

NAME: ROPANI RUTH

REG No: AS21B11/220

ACCESS No: A94749

STREAM: A

COURSE UNIT: CLINICAL LEGAL EDUCATION

TUTOR: RITAH IMALINGAT

LECTURER: MIRRIAM ACHIENG

QUESTION(S):
a) Explain how the negotiation took place and what you basically learnt from the negotiation

reflecting what is in the chapter?

The negotiation was centered in the negotiator’s office when both parties and their advocates came

to find a solution. A heated argument commenced where the negotiator had to tell the parties to

cool off while listening to each side alone. The negotiator then brought both parties together

applying various principles in the book which will be discussed later to ensure that the people

separated themselves from the problem, and ideas were brainstormed to reach a common ground

which happened.

Part II of Getting to Yes is titled, ‘The Problem’. Divided into four chapters; chapter two

emphasizes a new kind of negotiation divergent from the one mostly used which is principled

negotiation. This describes a type of negotiation where both the hard and soft approach is used to

ensure that solutions are found for both parties. This elaborates that by using principled

negotiation, the parties should ensure that the interests of both parties are satisfied.

Some of the lessons discovered entail the separation of the person from the problem. This is a

frequent occurrence as the parties look at each other as enemies. However, the negotiation

emphasized the need to look at each other as allies working towards a common goal of satisfying

each other’s interests which was duly incorporated in the negotiation when the negotiator

explained to the parties about looking for a way forward rather than focusing on the positions they

hold. This ensures that both parties are open-minded and reverential while achieving results.

Parties must focus on substantive disagreement rather than personal relationships in a negotiation.

This is essential because it brings the principle of separating the people from the problem as parties

will set aside the positional bargaining and their egos to ensure that they work harmoniously. This
was expressly brought out by the role players when the negotiator did his best to focus on the

problem rather than the parties.

Another lesson learned from the negotiation is that parties should use objective criteria while in a

negotiation. This is effective through fair procedure and standards to ensure that parties never yield

to pressure and can reason as well as be open to reason from the other party which was

demonstrated during the negotiation when the parties used such procedure to come to a consensus.

b) Discuss whether the students who role played displayed and incorporated the principles in part

two of the book, ‘Getting to Yes’ giving examples of what took place in the role play?

To a lesser extent, the students who role played displayed and incorporated the principles in Part

Two of Getting to Yes which is the principle of separating the people from the problem and

inventing new options. This was illustrated by the negotiator who did brainstorming of ideas by

both parties, understanding both sides by ensuring they were both heard and understood which was

a display of the principles.

However, to a larger extent, the students who role played did not display and incorporate the

principles in Part Two of Getting to Yes as the negotiation did not include the principle of inventing

innovative ideas for the mutual gain such as brain storming to ensure that both parties interests

were satisfied.

Secondly, even though the principles were incorporated in the negotiation, the students who role-

played could have done better in making the script as realistic as possible, an example being when

the secretary was shouted out by the counsel. This was overboard in the role play but overall, a

good job was done in relation to the portraying of the principles.