Professional Documents
Culture Documents
Fisher InterviewRogerFisher 2004
Fisher InterviewRogerFisher 2004
Fisher InterviewRogerFisher 2004
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms
Academy of Management is collaborating with JSTOR to digitize, preserve and extend access to
The Academy of Management Executive (1993-2005)
.......................................................................................................................................................................
Executive Overview
Roger Fisher is director of the Harvard Negotiation Project, Williston Professor of Law
Emeritus at Harvard Law School and co-author of Getting to Yes: Negotiating Agreement
Without Giving In. His latest book, Getting It Done: How to Lead When You're Not in
Charge, was co-authored by Alan Sharp with John Richardson. Roger Fisher is concerned
with developing concepts and tools that help practitioners deal with their differences in a
less costly and more effective manner. He is the founder and Senior Advisor of Conflict
Management, Inc., and the nonprofit Conflict Management Group.
William Ury is co-founder of Harvard's Program on Negotiation. He frequently gives
seminars to companies such as IBM, AT&T and American Express and has served as a
consultant to the White House, the State Department and the Pentagon. Working with
former President Jimmy Carter, he helped found the International Negotiation Network,
which seeks to end civil wars around the world. His books Getting to Yes (with Roger
Fisher) and Getting Past No have sold more than five million copies. Ury and his work
have been featured in The New York Times, Newsweek, and on ABC-TV's "Good Morning
America."
a a ...- .. .......... ..-....... ..-.......-..- .- .........- .........@ -@ - - . .. . . .. . . . .@ @ . ** .. . - .. . . . .. . . e. . . v v. . . .e ee * e -e e . . .. * . -. - . . .. . . .- @. e e ee e .
The two of you came to Getting to Yes from very tion I picked to study: how do human beings deal
different backgrounds. Can each of you talk about with their differences? Then Roger and I worked
how your fields helped shape the ideas in the together on a guide for international mediators.
book? Fisher: What we were saying in that guidebook
was that you want to negotiate like a mediator. A
Roger Fisher: I worked for the government, in the mediator tries to understand the interests of both
Solicitor General's office. I realized when I was sides and figure out how they can dovetail together.
arguing cases in front of the Supreme Court that Ury: As we worked, it was clear to us that the
most of them should have been settled. But people very same principles that we were applying to
went on fighting for years and years. And why? international diplomacy could be applied to busi-
Because lawyers love to argue, they love to do ness, to personal life, and to organizational life. So
battle. And clients want a gladiator, not a media- we came forth with the idea of taking that as a
tor. They want someone to fight for them. I was body of ideas and writing a book that could be
coming up to Harvard at the time to teach civil applicable across many domains. So in 1979, just
procedure, so I started thinking about what's the as we were starting up the Project on Negotiations
best advice to give lawyers on how to settle cases. at Harvard, we decided to write a book that would
They should focus on their concerns, not their po- be our best rendition of some working hypotheses,
sitions; they could disagree without being dis- principles, and methodologies for this dilemma of
agreeable; and they could come to an agreement how human beings deal with their conflicts, reach
without compromising. And the idea was to give agreement, and settle disputes.
identical advice to both sides. Fisher: You see, we thought that there are some
William Ury: My background is anthropology common ideas about negotiation. It's not that dip-
which is the study of human behavior. There's no lomatic negotiations are one thing, buying a house
problem more central to human behavior than con- is another thing. There are some common standards.
flict and joint decision-making. That was the ques- Ury: So Getting to Yes was our best hunch at the
101
.,hTJ9z
You bring up the importance of building a relation-
ship as part of the negotiation process. That's an-
other central aspect of the Getting to Yes frame-
work. But do I need to follow the framework if an
ongoing relationship is not important?
ence behavior out there. I remember that one of the there is a much more widespread appreciation that
publishers told us we had to write the book either people are negotiating every day. Over the last 25
as an academic book or a popular book, but that years, there has been something taking place in
we couldn't bridge the two audiences. But that the world that I would call a negotiation revolu-
book, if I'm not mistaken, has managed to bridge tion. It accompanies the knowledge revolution.
the audiences. I think that's one of its successes. It It's really about the way decisions are made in
is used extensively in both universities and the organizations.
real world. Traditionally, decisions were made by the peo-
ple at the top of the organization who gave orders
to people down below. As the hierarchy flattened
As you present your arguments in the book, you and organizations relied more on networks, deci-
rely more on stories and anecdotes than on empir- sion-making shifted from vertical to horizontal.
ical evidence.
And horizontal decision-making is negotiation.
That's happening in business life, in political life,
Ury: Right. A lot of the credit for writing in a
and in personal life. I think this shift more than
popular idiom goes to Roger. He was already a writer
anything accounts for the enduring popularity of
in that vein. He believed in writing for a general
the field of negotiation.
audience as did other academics such as John
I remember people telling me that negotiation
Kenneth Galbraith and John Maynard Keynes. So it
was a fad, just like, say, reengineering, and that it
seemed to us that we should write as clearly and
would be a fad for three or four years. But it has
lucidly as we could. We were trying to speak to an
been enduring. The reason it's enduring is that it is
audience beyond the university, to lawyers and dip-
rooted in a basic shift in the way individuals and
lomats and business people. It was our view that
organizations make decisions. Negotiation has be-
nothing is a practical as a good theory. That was the come the preeminent form of decision-making.
idea. Why hide behind jargon?
Why is that? It's because George Bush, when he fall apart. Taiwan doesn't want China to fall apart.
declared his war on terrorism, acted in a unilateral They want to do business with China. It's a market
way. "We'll tell you what to do. We're not bringing of 1.2 billion people! So their positions- one China
other countries along. We're acting like we know or two-are totally inconsistent. Their interests, I
what's right." That approach has produced all this think, are totally consistent. There is an enormous
backlash. In our war on terrorism we've created advantage to both of them to work this out to-
more terrorists. gether.
Once people identify their interests, they can be
creative in coming up with a solution. What I've
Another vital idea presented in Getting to Yes was
learned is that there are two distinct phases to
the notion of separating positions from interests.
mutual gains negotiations. The first phase in-
Can you talk about that concept?
volves being creative in formulating options that
meet the interests of each side. The second phase
Ury: That's the concept that was at the heart of
involves making a decision about the options. The
Getting to Yes, this distinction between positions
first phase involves identifying your interests and
and interests. I can't tell you how many times I've
then brainstorming with the other side about how
worked with people-heads of states and compa-
to achieve those interests without compromising.
nies-who have trouble with that. They take short-
What I've found is that decision-makers make poor
term positions, and then their behaviors lead them
brainstormers. Whether they are presidents, prime
in the direct opposite direction of their interests.
ministers, or company presidents, they are con-
Often they arrive at their positions out of fear or
strained.
anger or pride. People often follow their own emo-
tional narrative, which is they try to make them-
selves feel good. But they abandon their goal of Why is that?
making their organization more effective.
In fact, most people naturally think positionally. Fisher: If one says, "How about this wild idea?"
They think, "Here's my solution to the problem. the other might say, "All right, we'll do it!" The best
That's my position." Rarely were people stepping people to brainstorm ideas and notions as to how
back and saying, "What's my real interest? What to achieve the interests of both sides are people
am I really trying to advance here? And what is the who have no authority to make a decision. If you
other side doing?" That simple distinction between can't separate the brainstormers from the decision-
position and interest turns out to be key. I remem- makers, you can at least separate the two activi-
ber hearing this story at a Ford plant where I had ties. Do your creating and then move into another
done some work. A union guy walked into the plant room and do your deciding. When I have people in
manager's office with a long list of things he a brainstorming phase, I'll write a big note on a flip
wanted management to do. The manager said, chart page and tape it to the door: "Nothing said is
"That's your solution; now what's your problem?" a commitment by anybody-ideas only."
The union guy told him, and the manager said, Once you separate creating from deciding, you
"Well, I can't give you that solution, but I think we don't have to hedge your ideas and think, should I
can solve your problem this way." Two months say that? So it's good to have some people creating
later, the plant manager walked into the union options. The big help I am to people, I think, is that
office with his own set of demands. The union I help them be creative in dealing with the prob-
leader said, "That's the solution; what's the prob- lem. A perfect example of this happened in 1980
lem?" That became their mantra, and it trans- when the American hostages were being held in
formed their relationship. Iran. [In November 1979, Iranian students took 52
Fisher: When parties have interests that they American hostages and held them in the American
think conflict, they take positions that are truly embassy in Tehran.] This was just after the failed
inconsistent. Take Taiwan and Beijing. They're ar- rescue attempt [in April 1980]. I got a call from
guing about one China or two Chinas. Looks like a Lloyd Cutler, the White House lawyer. He said,
zero sum game. I'd say, what does Taiwan really "Roger, let's see what you can do. You have no
want? Do they want a lot of embassies all over the authority to commit the United States to anything.
world and membership in the UN? No. What they You have 24-hour-a-day access to me. Good luck."
really want is significant autonomy. What is main- That was perfect. Just the way I like it.
land China really afraid of? They're afraid that Through some students I got hold of the Ayatol-
independence for Taiwan will start all their other lah Beheshti. I got on the phone and said, "What do
provinces wanting independence, and China will you want?"
He said, "I can tell you what we don't want." And I said, "I have no idea what the government
he went on for half an hour. "We don't want New doesn't understand. I don't understand."
York courts deciding anything about the financial He said, "What we're doing now is bribing peo-
disputes" [The US government had frozen approx- ple at our borders. That's the only way we can get
imately $8 billion of Iranian assets.] goods in. Everybody's bribing everybody. It's just
I said, "Well, do you want this settled by courts crazy, and it's destabilizing."
in Tehran?" I said, "That makes sense, but I need another
Well, he laughed and said, "Of course not. How argument."
about arbitration in The Hague?" I said, "Do you "Isn't two enough?"
think your government will accept that?" "You're so good at this," I said. "Give me one
He said, "I'll accept it right now on behalf of Iran. more.
Will you accept it?" He laughed, and said, "Well, if they don't end
I said. "As a professor, I'd be happy to accept it. sanctions at the time of the hostage release, they'll
But what I can do is recommend it. What else do never have a better excuse."
He said, "Help us make sure we've found all the So I went back to Lloyd Cutler. I said, "I've got an
money the government froze." There were bank agreement blocked out and it looks like this. Now I
need a mediator."
accounts from the Shah and bank accounts from
He said, "You're doing fine."
the Iranian government. He said, "Under interna-
I said, "Look, I'm an American citizen and a
tional law, the US should help us find our assets."
friend of yours. I want an Islamic state."
I said, "Okay, fine, but I'm not sure we'll be able
He said, "I'll call you back tomorrow." He called
to separate the Shah's family money from govern-
and said, "Algeria." He said, "We have a very prag-
ment money."
matic relationship with Algeria even though our
He said. "Fine. We'll negotiate with the banks,
ideologies are so far apart."
and what we can't agree upon, we'll arbitrate."
I said, "Great."
I said, "Where do you want the money to be
He said, "Do you want us to accept the deal?"
held."
I said, "No, no. I want to know that you will
He said, "Bank of England."
accept the deal. I don't want Algeria to go to Teh-
I said. "Okay. What else do you want?"
ran at the request of the United States. I want them
He said. "We want recognition. We've been in
to go at my suggestion. But I want to know if we
office for over a year, and we want the United
would be wasting our time."
States to recognize us."
Cutler said, "I don't think you'll be wasting your
I said. "Okay. So you want recognition. How
time. The United States will accept Algeria."
about diplomatic relations?"
So then I was out of it until the night before the
He said, "No."
inauguration. [Ronald Reagan had been elected
I said, "Explain that to me."
President and was to be inaugurated on January
He said, "Well, they can recognize us without 20, 1981.] I got a call from a former student of mine
establishing diplomatic relations." who said, "Roger, the Bank of England has not
I said, "That's true! But why don't you want dip- received instructions." Both countries had talked to
lomatic relations?" the bank, but they had received no written instruc-
He said, "We're going to turn the American Em- tions from either side. I knew of an Iranian banker
bassy building into a museum of American atroc- who was in the United States with the Interna-
ities. If the US wants another building, we'll help tional Monetary Fund, so I called him up. I said,
them find it." "What's the problem?"
I said, "Okay, anything else?" He said, "I'm not sure there is a problem."
"End sanctions," he told me. I said, "There is a problem. The bank has not
I said, "Give me some good arguments." received written instructions from either side."
He said, "We've been punished enough." He said, "Oh, if there is a problem, I know what
I said, "Well, there is no objective measure of it is. It's interest. Islamic countries don't take in-
enough-ness. What else do you have?" terest."
He said, "Further sanctions will destabilize the So I placed a call to the Central Bank in Tehran.
whole area." It was about 9 pm their time. A woman answered
"I don't understand that." the phone in French, so I started talking in French.
"You don't understand that? Doesn't your govern- She said, "Professor, I think your English is proba-
ment understand?" bly better than your French."
I said, "I want to speak to the bank's president or Aren't there times when the parties don't have any
the executive vice president. It's urgent. It's about mutual interests and would therefore be better off
the hostages." just walking away from a deal?
She said, "They're both in a meeting."
"Where's the meeting?" Ury: Every negotiation takes place in the shadow
"Just behind the door." of the question: What are you going to do to satisfy
"Oh, well, please take a note in." your interests if the other side won't go along? Our
"No, I won't." advice is: The purpose of a negotiation is not to
Instead of blowing my top, I said, "You must reach an agreement. The purpose of a negotiation
have a good reason for saying that." is to satisfy your interests in a better way than you
"Yes," she said. "I interrupted the meeting about
could by not negotiating. There's a section in the
an hour ago, and they said don't interrupt us again.
book called "Yes. But..." We wrote that to deal
So I won't."
with people who were worried about how our ap-
I said, "Is there anybody else in the outer office
proach was going to work with someone who is
with you?"
pulling dirty tricks on you or someone who has a
"Yes, there's a young man here."
lot more power than you. Remember, at the time of
"Ah," I said, "get him to take in a note."
the book, Roger and I were working in the world of
She did and the executive vice president got on
international politics where people build bombs
the phone. So we talked about how the Bank of
and go to war. We wanted to address those "yes,
England could hold the money and not pay interest
but" issues. That's why we said you need a realis-
and then work out a payment later. "This can be
tic understanding of how you are going to proceed
worked out," I said.
He said, "Okay, we'll try that." [The hostages on your own: What is your Best Alternative To a
were released just before Reagan's inauguration Negotiated Agreement, your BATNA?
the next day.] Fisher: That was a word we just made up. It was
a new concept. Nobody had ever talked about it
before. You've got to develop your BATNA first.
Are there any situations where you just don't want Otherwise you don't know how to negotiate. Take
to negotiate? One of the truisms you hear today is the Middle East. People on both sides have to un-
that you should never negotiate with terrorists. derstand that unless there's a deal-and that
Does that make sense to you? means two states, some agreement on Jerusalem,
and shared security-then there will just be more
Ury: People say that. The truth is, I don't know of
terrorists, more assassinations, more suicide
a single country that doesn't negotiate with terror-
bombings. That's the best alternative, and it's not a
ists. Businesses negotiate with people who take
very good one.
hostages. The Israelis just negotiated with Hamas
Ury: That's the discipline of understanding your
for the release of some prisoners. That was Ariel
BATNA. Once both sides have a realistic under-
Sharon, of all people! I think what people mean
when they say that is, you should never give in to standing of their BATNA, they say, "You know
terrorists. And that makes a certain sense. Look at what? There's got to be a deal here." But a lot of
professional police hostage negotiators. They say, people don't like to go through that discipline be-
of course, we'll talk to anybody. That doesn't mean cause they think that its "worst-case" thinking,
we're going to let them get away. Twenty-five that they can get some deal done. And in compa-
years ago, the way police departments dealt with nies, sometimes the culture of the organization
hostage takers was the John Wayne approach. takes away your BATNA. Let's say you're in sales
They shouted into a bullhorn, "You've got three and you have a company culture that says never,
minutes to come out!" Then they went in with the ever lose a customer. Now you don't have a BATNA.
tear gas and the guns. The hostages were dead. There are some customers you shouldn't make a
The police were dead. The hostage-taker was deal with; maybe the person is a pain, maybe he's
dead. So they thought there had to be a better way. just not profitable. But the company culture has
So now, the first thing they throw into a hostage taken away your BATNA.
situation is a phone. Professional negotiators lis-
ten and they talk and they try to work things out.
They aren't going to let the hostage taker go, but in Since Getting to Yes was published, the field of
99 per cent of the cases, the hostages go free and negotiation has flourished. The book continues to
the criminal is brought into custody. sell 3,000 copies a week. Why do you think that is?
Ury: Right now, people think that negotiation are their interests? They need economic help. They
skills are one of the two or three key competencies want to be part of the international community.
of a good manager. They don't see negotiation as What the United States wants is for North Korea to
win-lose. They see mutual interests between them- abandon their nuclear program. Neither side is
selves and other parties. People have learned that going to back down to a naked demand by the
if you try to win at the other party's expense, both other. So I say, get two people together, one from
sides end up losing. Labor and management can't each side, and say, "Neither of you can afford to
win at the other's expense. Increasingly there are back down in the face of raw demands. So let's
fewer situations where one side can win at the take a series of steps. First, let's freeze the North
other's expense. People experience lose-lose and Korean nuclear program, no expansion, with some
then say, there's got to be a better way. That's why limited verification of that. Then we'll allow some
they get to win-win. That's the paradox these days. assistance to come in. We'll come up with six or
The key competitive edge for companies is to know seven steps, each one contingent on verification of
how best to cooperate with partners. Sometimes, the previous step." You want to give people a "yes-
you even have to cooperate with competitors who able" proposition, something they can say yes to.
are also partners. Relationships have become that Look at what happened in Libya. They were smart
complex. I worked in one situation where two com- enough to go to England and not the US. Qadhafi
panies were each other's biggest competitors and came to Tony Blair before the war in Iraq. There
suppliers and customers and joint venture part- was a potential deal there. You didn't need to go to
ners. That's a relationship you have to manage. war. We got Libya out of the nuclear business for
nothing. We could have done the same thing in
Iraq.
Can you give me a specific example of how your Ury: There is a learning process going on, and
mutual-gains approach to negotiation has been people are getting more realistic. If you look at
used in a business case recently? some of what we used to think were intractable
problems-US-Russian relations, South Africa,
Ury: I've been working with a large hotel chain.
Cyprus, Northern Ireland-you see how they are
The hotel business has been having a lot of prob-
gradually transformed as conflicts once both sides
lems since 9/11 and SARS. There are tense negoti- realize that they cannot win. There might even be
ations between the hotel chain which owns and
ways both sides can benefit from a more peace-
manages the brand and the individual hotel own- able relationship. That's why I continue to have
ers who manage the local operations. The local hope in the potential of negotiation for helping
hotel owners need to cut costs as much as possible people, organizations, and nations deal produc-
to preserve their margins, but the hotel chain man- tively with their differences.
agers are afraid that too much cost cutting will Fisher. What we're trying to do is get these ideas
hurt their brand name. So I worked with them us- spread, to show how much can be accomplished
ing the principles of Getting to Yes. What are your when you teach both sides in a conflict to negoti-
interests? What are the interests of your local own- ate. We want people to know these skills and un-
ers? What's your BATNA? What are you willing to derstand these ideas.
do to preserve the brand?
Bert Spector is an associate pro-
fessor of human resource man-
And can you apply the same ideas to international agement at Northeastern Uni-
versity in Boston. He is the
negotiations?
author of Taking Charge and
Letting Go: A Breakthrough
Fisher: Every one of the major threats facing the
Strategy for Creating and Man-
world today can and should be dealt with through aging the Horizontal Company
negotiations. (Free Press, 1995), co-author of
Ury: That's the lesson that needs to be learned. The Critical Path to Corporate
Renewal (Harvard Business
We're all interdependent. You can win a war, you
School Press, 1990), and numer-
can win lots of wars, but that doesn't get you what
ous articles on organizational
you need. change. Contact: b.spector@neu.
Fisher: Look, for example, at North Korea. What edu.