Negotiation Strategies

Getting to YES: Study Notes

• This book presents a method for reaching amicable agreements without conceding ground unnecessarily in negotiations
• Roger Fisher and William Ury, with Bruce Patton as editor, wrote the second edition
• The authors have collaborated since 1977 and draw from backgrounds in international law and anthropology
• The book offers a practical method for amicable negotiation, tested on diverse groups from lawyers to diplomats
• The second edition includes a new section addressing questions about principled negotiation and power dynamics

Contents Overview

• Part I: The Problem: Discusses the drawbacks of positional bargaining
• Part II: The Method: Introduces principled negotiation, focusing on people, interests, options, and objective criteria
• Part III: Yes, But...: Addresses common concerns about power, uncooperative parties, and dirty tricks
• Part IV: In Conclusion: Summarizes the key points
• Part V: Ten Questions People Ask: Provides further clarification and guidance

Introduction

• Negotiation is a common, everyday activity
• It serves as a fundamental means of obtaining desires from others
• Negotiation involves communication aimed at reaching agreement with shared and opposed interests
• Both soft and hard negotiation exist
  • Soft negotiation seeks amicable resolution, risking exploitation
  • Hard negotiation aims for victory, potentially harming relationships

Principled Negotiation

• A third approach to negotiations exist that is neither hard nor soft, known as principled negotiation
• Decide on issues based on their merits using no gimmicks
• This is a method developed at the Harvard Negotiation Project
• Seek mutual gains and rely on fair standards
• This method is hard on merits and soft on people
• Offers fairness and protection

Key elements

• 1. People: Separate the people from the problem.
• 2. Interests: Focus on interests, not positions.
• 3. Options: Generate a variety of possibilities before deciding what to do.
• 4. Criteria: Insist that the result be based on some objective standard.

Principled Negotiation Stages

• Analysis: Understand the situation, gather data, and organization it in an understandable format
• Planning: Develop a strategy for handling the people problems, what to do for interests, and what realistic objectives are
• Discussion: Discuss emotions, interests, and objective standards
• The method enables consensus through joint decisions, reduces transactional costs, and promotes amicable agreements

Separate the People from the Problem

• Recognizes the importance of human relationships in negotiation
• Notes human beings have emotions, values, viewpoints, which can affect negotiations
• Entanglement of relationships and substantive issues is a major problem

Three common problems

• Perception: Understanding the other side's viewpoint is always a challenge
  • Solutions must be based in reality of the other side
  • Put yourself in their shoes by withholding judgement.
  • Look for opportunities inconsistent with their perceptions, act as a partner.
• Emotion: Feelings may override talk.
  • Recognize feelings and understand them, theirs and yours.
  • Make emotions explicit, acknowledge as legitimate.
  • Allow other side to let off steam.
  • Don't react to emotional outburst, use symbolic gestures.
• Communication:Without it, no possible negotiation. Listen to the other side and be understood
  • Listen actively and acknowledge what is being said.
  • Speak to be understood, talk to the other side, not about them.

Building positive relationships

• Knowing other personally aids with solving difficulties
• Get to know people you are working with and like before negations begin
• Structure the negotiation as that separates the problem and protects people from getting bogged down in substantive issues.
• View themselves as facing the problem jointly which is easier than face-to-face

Focus on Interests, Not Positions

• Wise solutions reconcile interests
• Positions obscures what you exactly want, try not to state or focus on the "I want"
• Interest instead of position, Egypt and Israel

Reconciling Interests

• There can be several positions that will fulfil each interest
• There are many more interest than conflicting ones: both want stability , well maintained space, good relationship
• Interests can different but not conflicting: the interest do not clash, but simply diverge.

How to identify interest

• Ask" Why?"," Why not?" or " Think About Their Choice" will help to undercover the reasoning/motivation for the decision

Realize

• Each side has different multiple interests, that not everyone has the same interests
• The power interest that are basic needs: security and recognition, a sense of belonging, control over one's life

Translate in order

• Make a list
• Talk directly about your interests, bring it to life making it specific
• Acknowledge all interest as their problem so things go smoothly forward

Not backward

• The goal is "where will the solution be?" the focus should not be about pasts or what others have done, but about looking forward.
• Be concrete but flexible or know your ultimate goal but what will you offer

Be aware that their will be conflict

• The other side is very likely to overly estimate and be optimistic about how great they can do, which will cause difficult
• Be hard on the problem, soft on the people or do justice and focus on the problem , not people.

Invent Options for Mutual Gain

• The case of Israel and Egypt negotiating over who should keep how much of the Sinai Peninsula illustrates both a major problem in negotiation and a key opportunity.
• How did you find these mutual gain solutions? Be open minded

4 Obstacles to inventing an abundance options

• #1 Premature judgement
• #2 Searching of Single Answer: premature closure
• #3 Avoid thinking that ""solving their problem is the problem""
• #4 assumption of ""fixed size"" of the deal: or either or

Avoid these assumptions by

• 1.) To separate the act of inventing options from the act of judging them.
• 2.) to broaden the options on the table rather than look for a single answer
• 3.) look for mutual gains
• 4.)invent ways of making their decisions easy

Inventing - Seperating is best by a joint brainstorm

• Define and Choose participants, keep atmosphere informal

Broaden your approach

• Understand the types of things you are looking for
• The Circle chart: The Four Basic types of thinking is to find it in each one.

Look through different experts lens

• You will be given with much more options
• Inventing agreements of different strengths or you can multiply agreements by understanding that all have different strengths

For each strength

• Substantive to procedural strength can be an advantage

Look for mutual Gain

• Can be done even when there is shared interest if you try enough

3 things

• identify shared interests
• stress on interests
• dovetail differing interest and find something for both, look for the "WHY"

To Do So

• ask for references, this gets both sides
• If that then works then you win and what you want then you benefit.

Insist on Using Objective Criteria

• The method to use is clear you are going to follow objective standards
• Be open, fair, and explain
• Objective criteria requires that the criteria must meet "fair"
• Set the foundation for objective, find the information, take the side of reason, let someone decide after research
• Must be sure in what is happening during the negotiations, do not let conciliation stop you and use the most reward if possible to make up for less if more is not obtained at the same time.

Objective and Fair Standards

• These standards must be understood by both sides or the goal is not achieved

Never Yield to pressure

• Use a third party for aid so that your hardwork gets achieved and rewarded

Explore strategies for mutual gain in negotiations, addressing power imbalances, and resolving conflicts amicably. The book explores methods for resolving conflicts amicably. Designed to help parties reach agreements through confrontation and integration.