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Fisher and Ury: Review

Getting to Yes
Principled Negotiation
 Collaborative Negotiation
 Integrative Negotiation
 Interest-based Negotiation
 Negotiation on the Merits
Distributive Negotiation
 Position Based Negotiation
 Zero Sum Negotiation
 Hard Bargaining Negotiation
 Competitive Negotiation
Wise Agreement
 Meets legitimate interests of each side
 Resolves conflicting interests fairly
 Is amicable
 Is durable
 Takes community interests into account
Positional Bargaining
 Arguing over positions produces unwise
agreements
 Arguing over positions is inefficient
 Arguing over positions endangers
ongoing relationships
 Positions are the “what” I want
Soft vs Hard Style
 Participants are friends  Participants are adversaries
 Goal is agreement  Goal is victory
 Make concessions to cultivate  Demand concessions as
relationship condition of relationship
 Hard on people and problem
 Soft of people and problem  Distrust others
 Trust others  Dig in to your position
 Change your position easily  Make threats
 Make offers
Soft vs. Hard style
 Disclose your bottom line  Mislead as to you bottom
 Accept one-sided losses line
 Insist on agreement  Demand one-sided gains
 Avoid contest of will
 Search for single answer
 Yield to pressure
you will accept
 Insist on your position
 Try to win contest of will
 Apply pressure
Principled Negotiation
 Separate people from the problem
 Focus on interests not positions
 Invent options for mutual gain
 Insist on using objective criteria
Stages of Principled Negotiation
 Analysis
 Planning
 Discussion
Separate People from Problem
 Negotiators are people first
 Negotiator interested in:
1. Substance
2. Relationship
 Positions become entangled with the
relationship
Solving People Problems
 Perceptions
1. Conflict exists in people’s heads
2. Put yourself in their shoes

1. Don’t deduce intentions from your fears


2. Don’t blame them for your problem
3. Discuss each other’s perceptions
4. Act inconsistently with their perceptions
5. Give them a stake in the outcome
6. Face-saving
Solving People Problems
 Emotions
1. Recognize your emotions and their emotions
• Write down emotions and what you wish they
were
2. Make emotions explicit/acknowledge as
legitimate
3. Allow other side to let off steam-step over
4. Don’t react to emotional outbursts
5. Use symbolic gestures
Solving People Problems
 3 Problems in Communication
1. Parties are not talking to each other
2. Not hearing the other side
3. Misunderstanding
 Solutions to Problems
1. Speak to be understood
2. Speak about yourself, not them
3. Speak for a purpose
Solving People Problems
 Prevention works best
1. Build a working relationship
 Arrive early, stick around afterwards
 Try to get to know other party
2. Face the problem, not the people
Focus on Interests, Not Problems
 Two men arguing over an open window
in the public library
1. I want fresh air
2. I don’t want a draft
3. The Interest is the “why”
 Solution - Open window in adjoining
room
Focus on Interests, Not Problems
 Interests define the problem
1. Needs
2. Desires
3. Concerns
4. Fears
 Interests are the silent movers behind
positions.
Why Does Reconciling Interests
Resolve Conflicts?
 For every interest, there likely exists
several possibilities to meet the interest
 For every opposed position, there likely
are many more interests than just the
conflicting interests
Example: You buy a car
 What are you interests?

 What are the seller’s interests?

 Is there common ground?


How do you identify interests?
 Ask “Why?”
1. Ask yourself that question
2. Perhaps ask the other side
 Ask “Why Not?”
1. What is the other side expecting me to
ask?
2. Why won’t they give me what I want?
How do you identify interests?
 Realize each side has multiple interests
 The most powerful interests are basic
human interests
1. Peace/well-being/safety
2. Security
3. Recognition
4. Economic well-being
How do you identify interests?
 Make a list
1. You may re-write your description of
various interests as you learn more
about them
2. Order them by importance, and be
flexible to re-order them as you learn
more about them
How do you identify interests?
 Acknowledge their interests
 This gives opening to ask about other
possible interests
 Put the problem before your answer
1. Your interests first/conclusions last
How do you identify interests?
 Look forward, not back
 Rather than ask about what happened
yesterday, ask, “Who should do what
tomorrow?”
 Be concrete, but flexible - illustrative flexibility
 Be hard on the problem, soft on people
 Support & Attack - cognitive dissonance.
Support people equal to attacking problem
Invent Options for Mutual Gain
 Expand the pie - create new options
Expand the pie

Plus a slice
Obstacles that inhibit creating options
 Premature Judgment
 Searching for the single answer
 Assuming there is a fixed pie. Viewed as
fixed or zero-sum game
 Thinking solving their problem is their
problem
Prescription for inventing options
 Separate inventing from deciding
1. Brainstorming session with friends
• Don’t criticize
• Don’t evaluate
• Find most promising solutions
• Improve on other good ideas
• Finalize list and evaluate
2. Consider brainstorming with other side
Circle Chart - page 68
Look for Mutual Gain
 Not a fixed pie of solutions
 Identify shared interests
1. Latent in every negotiation
2. Opportunities/not godsends
3. Stressing interests makes negotiations
smoother
 Dovetailing differing interests
 Ask for their preferences
 Low cost to me - high cost to them(differences in
forecasts, risks, time
Make their decision an easy one
 Whose shoes - who do you want to
influence
 What decision- give them an answer
rather than a problem
 Threats are not enough
Understand how they will perceive the solution you
suggest. Put yourself in their shoes
Insist on Using Objective Criteria
 Fair Standards
 Fair Procedures -
1. dividing a piece of cake
2. Flipping a coin
3. Drawing lots
4. Third party chooses
5. Last best offer arbitration
Insist on Objective Criteria
 Make it a joint search for criteria
 Begin negotiations by agreeing on
standard to be applied
 Never yield to pressure
BATNA
 Best Alternative to a Negotiated
Agreement
1. Not a bottom line - too inflexible
2. Plan ahead for BATNA
3. Use a trip-wire
 A BATNA is to help you avoid making a
mistake
 Know your WATNA
 Know the other’s BATNAS and WATNAS
Prepare for the Negotiation
 Know your BATNAs
 Know your WATNA
 Know your tripwire
 Bottomline
 The other parties BATNA, WATNA
 Create strategies and tactics and
responses to what other’s may use

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