Getting to Yes: Negotiation Agreement by Fisher, Ury, and Patton (PDF)

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2022

Roger Fisher, William Ury, and Bruce Patton

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negotiation business communication conflict resolution

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This is a summary and analysis of the book "Getting to Yes" by Roger Fisher, William Ury, and Bruce Patton. The book provides principles for effective negotiation, focusing on understanding underlying interests instead of positions, and suggests strategies for dealing with various challenges like hardliners or emotional responses. The book aims to emphasize mutually beneficial solutions.

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STORYSHOTS Getting to Yes by Roger Fisher, William Ury and Bruce Patton StoryShots Book Summary and Review Negotiating Agreement Without Giving In First published by StoryShots 2022 Copyright © 2022 by StoryShots All rights rese...

STORYSHOTS Getting to Yes by Roger Fisher, William Ury and Bruce Patton StoryShots Book Summary and Review Negotiating Agreement Without Giving In First published by StoryShots 2022 Copyright © 2022 by StoryShots All rights reserved. No part of this publication may be reproduced, stored or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise without written permission from the publisher. It is illegal to copy this book, post it to a website, or distribute it by any other means without permission. StoryShots has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Websites referred to in this publication and does not guarantee that any content on such Websites is, or will remain, accurate or appropriate. Disclaimer: This is an unofficial summary and analysis. It is not affiliated with, authorized, approved, licensed, or endorsed by the subject book’s author or publisher. The content may contain errors and should not be considered a replacement for consulting a professional. StoryShots is an educational service that stands politically neutral. We do not necessarily support the ideas in our content. However, we support freedom of speech and encourage our readers to keep an open mind. We use affiliate links (e.g., to Amazon) inside our apps and on our content. If you make a purchase using one of these links, we may earn a small commission. These commissions help support our development. By continuing, you agree to all the above. Second edition This book was professionally typeset on Reedsy. Find out more at reedsy.com Contents Preface iv 1 Introduction 1 2 About Roger Fisher, William Ury and Bruce Patton 3 3 StoryShot #1: Fundamentals of Princi- pled Negotiations 5 4 StoryShot #2: Focus on Interests 8 5 StoryShot #3: Generate Options 10 6 StoryShot #4: Use Objective Criteria 12 7 StoryShot #5: The Three Common Obsta- cles in Negotiations 14 8 StoryShot #6: When the Other Party Is More Powerful 16 9 StoryShot #7: When the Other Party Won’t Use Principled... 18 10 StoryShots #8: When the Other Party Uses Dirty Tricks 20 11 Final Summary and Review 22 12 Rating 23 13 PDF, Free Audiobook, Infographic, and Animated Book Summary... 24 14 Related Book Summaries 25 Preface Life gets busy. Has Getting to Yes: Negotiating Agreement Without Giving In been on your reading list? Learn the key insights now. We’re scratching the surface here. If you don’t already have Roger Fisher, William Ury and Bruce Patton’s popular book on business, leadership, psychology and self-help, order it here or get the audiobook for free on Amazon to learn the juicy details. iv 1 Introduction Getting to Yes is a book as applicable today as it was almost 40 years ago when it was published. The book describes how to negotiate effectively based on research by the Harvard Negotia- tion Project. Specifically, Getting to Yes outlines a step-by-step strategy for coming to mutual agreements. Firstly, Getting to Yes presents four principles for effective negotiation. These principles should be applied to all types of negotiation. Then, three common obstacles are showcased to exemplify how you can adapt to and overcome challenges despite following the four principles. The book’s central idea is that the key to successful negoti- ation is to focus on the underlying interests of the parties in- volved, rather than their stated positions. Fisher and Ury argue that this approach can help parties find creative solutions that meet their needs and avoid the potential pitfalls of traditional negotiation strategies, such as positional bargaining and the use of threats and ultimatums. To illustrate these principles, the book provides a number of examples and case studies, as well as step-by-step guidance 1 GETTING TO YES BY ROGER FISHER, WILLIAM URY AND BRUCE PATTON STORYSHOTS BOOK SUMMARY AND REVIEW on how to prepare for and conduct negotiations effectively. It also covers topics such as dealing with difficult personalities, handling power imbalances, and managing negotiations in an international context. Getting to Yes has become a classic in the field of negotiation, and has been translated into over 20 languages. It is widely used as a textbook in business and law schools, and has been influential in the development of alternative dispute resolution techniques such as mediation. 2 2 About Roger Fisher, William Ury and Bruce Patton Roger Fisher was a Samuel Williston Professor of Law at Harvard Law School. Additionally, while alive, he was the director of the Harvard Negotiation Project. Fisher was born in 1922 in Boston, Massachusetts. He received his undergraduate degree from Harvard College and his law degree from Harvard Law School. After serving in World War II, he joined the faculty of the Harvard Law School, where he taught courses on negotiation and dispute resolution. Fisher died in 2012 at the age of 90. William Ury is an American author, academic, anthropologist, and negotiation expert. William Ury is one of the co-founders of the Harvard Program on Negotiation. Additionally, he worked alongside former US president Jimmy Carter on the Interna- tional Negotiation Network. Ury was born in 1946 in New York City. He received his undergraduate degree from Yale University and his law degree from Harvard Law School. After working as a lawyer, he became interested in the field of negotiation and conflict resolution, and 3 GETTING TO YES BY ROGER FISHER, WILLIAM URY AND BRUCE PATTON STORYSHOTS BOOK SUMMARY AND REVIEW began studying and writing about these topics. He has also written several other books on negotiation, in- cluding The Power of a Positive No and Getting Past No. Ury is a frequent speaker on negotiation and conflict resolution, and has served as a mediator in a variety of international conflicts, including the Israeli-Palestinian peace process. The most recent publication of Getting to Yes, released in 2011, includes Bruce Patton as a co-author. This 2011 version is the focus of this book summary. Bruce Patton is an American author who wrote the international bestseller Difficult Conversations. Plus, he also works on the Harvard Negotiation Project. 4 3 StoryShot #1: Fundamentals of Principled Negotiations Fundamentals of Principled Negotiations are a set of principles for effective negotiation outlined in the book. These principles are: Separating People and Issues The first principle proposed by the authors relates to adopting an objective approach to negotiations. You should not be influenced by the person you are negotiating with. Instead, you must separate the people you are negotiating with from the issues. You also have to separate yourself from the viewpoint you are defending, though. Separating yourself from the issues will help prevent you from seeing objections to your position as a personal attack. Additionally, if you separate people from the issues, you will avoid damaging your relationships with the person you are negotiating. 5 GETTING TO YES BY ROGER FISHER, WILLIAM URY AND BRUCE PATTON STORYSHOTS BOOK SUMMARY AND REVIEW The Three Basic People Problems “The ability to see the situation as the other side sees it, as difficult as it may be, is one of the most important skills a negotiator can possess.” - Roger Fisher Perception The first problem that can arise between two people is differ- ences in perception. Often conflicts are differences in interpre- tation of the facts. Therefore, you must understand the other person’s viewpoint. Put yourself in the other person’s shoes. On top of this, you should not blame the other person for the problem and instead suggest proposals appealing to both sides. Emotions The second problem that often arises is emotions. Although negotiating is portrayed as being cold and calculated, this isn’t usually the case. Instead, negotiations can be very frustrating for both sides. This frustration is especially common if people do not separate people and issues. Individuals can feel their interests are being threatened, leading to the typical emotional responses of fear and anger. The best way to deal with these emotions is to acknowledge and understand why you or the other person feel this way. Both sides must acknowledge the emotions involved in the negotiations. Do not dismiss the other person’s emotions as unreasonable. Instead, talk about why these emotions have arisen. Arguably the best solution to extreme emotions is apologies or expressions of sympathy. 6 STORYSHOT #1: FUNDAMENTALS OF PRINCIPLED NEGOTIATIONS “People listen better if they feel that you have understood them. They tend to think that those who understand them are intelligent and sympathetic people whose own opinions may be worth listening to. So if you want the other side to appreciate your interests, begin by demonstrating that you appreciate theirs.” - Roger Fisher Communication The final source of people’s problems is communication. You must listen to the other person. Instead of thinking about how you will respond while the person is talking, you should genuinely listen. Misunderstandings can still occur when somebody believes they are listening. You must listen and make sure you understand. You do not have to agree with their points, but you must understand them. The best type of listening to employ is active listening. Active listening involves giving the speaker full attention and occasionally summarizing the speaker’s points to ensure you fully understand. 7 4 StoryShot #2: Focus on Interests The principle of focusing on interests is a key concept in the book Getting to Yes. It suggests that in order to achieve effective and mutually beneficial negotiation outcomes, it is important to identify and understand the underlying interests and needs of the parties involved, rather than simply advocating for a particular position. “Your position is something you have decided upon. Your interests are what caused you to so decide.” - Roger Fisher and William Ury The best negotiations focus on the interests of the included parties, as opposed to their positions. If your negotiations are focused on positions, then the conversation is framed around potential winners and losers of the dispute. You should ask the other party why they hold their positions. This question will push the conversation towards interests, and all people will share specific basic interests in life. For example, a need for security. It could be that their position is linked to this, and you 8 STORYSHOT #2: FOCUS ON INTERESTS can make a mutual connection. If you want the other party to take your interests into account, you must clearly explain your interests. Discussions should always be based on identifying the desired solution rather than focusing on past events. Focusing on interests will allow you to determine the desired solution. 9 5 StoryShot #3: Generate Options “Look for items that are of low cost to you and high benefit to them, and vice versa.” - Roger Fisher and William Ury For negotiations to thrive, there have to be potential options for solving the problem. The authors identify four clear obstacles to generating these options. Firstly, parties often fail to consider alternative options. Parties will either narrow in on a type of choice or will prematurely choose an option. Additionally, parties might define the problem as being win-lose. Equally, this can make openness to new options less likely. Finally, a party may decide it is up to the other side to develop a solution. One solution to these obstacles is to separate the invention stage from the evaluation stage. Brainstorm with the other party and create as many possible solutions as possible. This type of session will allow you to both be as creative and productive as possible. Only after a wide range of ideas is available should both parties start considering which approach is best. At this point, the two parties should begin with the most promising 10 STORYSHOT #3: GENERATE OPTIONS proposals. Another solution is for the parties to focus on their shared interests, as spoken about earlier. The best options relate to a common interest for the parties. Finally, you should be seeking opportunities that are appealing to both sides. You want proposals to be highly beneficial for the other party and of low cost to you. 11 6 StoryShot #4: Use Objective Criteria “As useful as looking for objective reality can be, it is ultimately the reality as each side sees it that constitutes the problem in a negotiation and opens the way to a solution.” - Roger Fisher It is not uncommon for the two parties to have directly opposed interests. Suppose this is the case, and you are struggling to find common ground. In that case, you should use objective criteria to resolve differences. Decisions based on logic will make it much easier for the two parties to agree and preserve a healthy relationship. Importantly, different objective criteria can be used. Each party must agree on which criteria they wish to adopt. The criteria should be legitimate and practical. Examples of objective criteria are scientific findings, professional standards, or legal precedent. The easiest way to understand this objective is to ask the other party to agree to these standards in all relevant circumstances. If objective criteria is identified, then the parties 12 STORYSHOT #4: USE OBJECTIVE CRITERIA can create a procedure that solves the dispute. There are more effective ways you can approach objective criteria. Firstly, within a dispute, you should consider each issue as a shared objective criterion. Ask for the reasoning behind the other party’s ideas and be willing to answer any questions the other party has. You must also keep an open mind during the negotiations. If evidence supports these reasons, you should be willing to change your mind. Finally, if the other party is unwilling to be reasonable, you should not just give in. 13 7 StoryShot #5: The Three Common Obstacles in Negotiations The are three common obstacles that can arise in negotiations: 1. Hardliners: Hardliners are individuals or groups who take a rigid and inflexible stance in negotiations and are unwilling to compromise or consider the interests of the other party. Hardliners may be motivated by a desire to win at all costs or may simply be unwilling to change their position. Dealing with hardliners can be challenging, as they may be resistant to finding mutually beneficial solutions. 2. Emotions: Emotions can often get in the way of effective negotiation. Anger, fear, and other strong emotions can cloud judgment and make it difficult to think clearly and ra- tionally. It is important to recognize and manage emotions in negotiations, and to focus on the underlying interests and needs rather than getting caught up in personal ani- mosity or resentment. 3. Misperceptions: Misperceptions can arise when parties in a negotiation have different interpretations of the same in- 14 STORYSHOT #5: THE THREE COMMON OBSTACLES IN NEGOTIATIONS formation or misunderstand each other’s intentions. Mis- perceptions can lead to misunderstandings and miscom- munications, which can in turn create conflict and hinder the negotiation process. It is important to communicate clearly and openly in negotiations to avoid misperceptions and ensure that both parties are on the same page. By recognizing and addressing these common obstacles, nego- tiators can improve their chances of reaching mutually benefi- cial agreements. 15 8 StoryShot #6: When the Other Party Is More Powerful Although the principles above are compelling, there are certain obstacles that the principles alone cannot overcome. Firstly, no negotiation method can account for differences in power that often exist between the two parties. If you are the weaker party, you do not want to develop bottom lines. Negotiators often establish bottom lines at the start of negotiations to protect themselves. These are the worst acceptable outcomes. The negotiator will decide to reject anything that goes below that line. However, the authors suggest bottom lines are a bad idea. You are creating this bottom line before discussions have even commenced. Therefore, the figure is simply arbitrary and not based on considering both parties’ views. Not to mention, if you create a bottom line, you are potentially inhibiting your willingness to develop new options to solve the dispute. The authors offer an alternative to bottom lines for the weaker parties. They call these BATNA. The Best Alternative To a Negotiated Agreement. So, you should not choose a bottom 16 STORYSHOT #6: WHEN THE OTHER PARTY IS MORE POWERFUL line before. Instead, you should develop a BATNA that can be utilized according to how the negotiations have gone. Power in negotiations comes from a party’s ability to walk away without a worry. However, this means you are the more powerful party if you have the best BATNA. The authors suggest ways, as a weaker party, you can improve your alternatives to the negotiation. First, you must identify potential opportunities and respond appropriately to develop these opportunities. 17 9 StoryShot #7: When the Other Party Won’t Use Principled Negotiation “The reason you negotiate is to produce something better than the results you can obtain without negotiating.” - Roger Fisher and William Ury Another obstacle to an effective negotiation is when the other party abides by the four fundamentals spoken of above. The other party might not be open to new ideas, continually making personal attacks on you and only seeking to maximize their gains. There are three ways you can seek to deal with these types. By using these strategies, you can still try to reach a mutually beneficial agreement, even if the other party is unwilling to engage in principled negotiation: 18 STORYSHOT #7: WHEN THE OTHER PARTY WON’T USE PRINCIPLED... Adopt the Four Fundamentals The first of the book’s tips is to adopt the four fundamentals yourself. Often this approach will be contagious. You’ll find that doing the right tasks will create a productive negotiation. Negotiation Jujitsu Secondly, you can use something called negotiation jujitsu. This is an approach that should bring the other party in line. Refuse to respond to their approach to bargaining. Instead of seeking to counter-attack the other party’s poor behavior, you should bring the topic back to the problem. People who are positional bargainers will often either attack by asserting their position or attacking your ideas. If they bring up their position, you can simply ask them for the reasoning behind their ideas. This query will encourage a constructive conversation. Plus, if they attack your ideas, then you should just take it as constructive criticism. Asking questions and not responding to childish points will push the other party to behave more professionally. The On-Text Approach The final approach is the on-text approach. This approach involves bringing a third party into the conversation. The third- party interviews each of the two parties to identify their interests then compiles a list. The two parties then look at the lists and provide comments on each list. The third-party writes up the comments, the parties redraft the ideas, and they are sent to the third party again. This process continues until the parties accept a refined offer or abandon negotiations. 19 10 StoryShots #8: When the Other Party Uses Dirty Tricks The book discusses strategies for dealing with a party who uses dirty tricks or unethical tactics in negotiation. By following these strategies, you can try to avoid getting drawn into dirty tricks and maintain a productive and positive negotiation pro- cess: Raise the Issue As well as being difficult, the other party can sometimes use unethical approaches. These unethical tricks are used to gain an advantage in negotiations. The best way to respond to these tricks is to raise the issue explicitly. Do not let it impact your negotiations. Just make them aware that you have noticed and that you expect equal footing for the negotiations. 20 STORYSHOTS #8: WHEN THE OTHER PARTY USES DIRTY TRICKS Seek Verification A common dirty trick is to lie or warp facts. You can easily overcome this by seeking verification of the other side’s claims, whether from them or through a third party. Do not call the other side a liar, though. Be professional and do your research. Additionally, the other party will sometimes use psychological warfare. They will make the negotiating environment stress- ful. To overcome this, you should offer solutions for a more comfortable alternative. Positional Pressure Tactics The last trick often used is positional pressure tactics. The other party may attempt to structure the negotiations so that only one side can make concessions. For example, the other party may refuse to negotiate or open with very extreme demands. Recognize this for what it is and consider why they are refusing to negotiate. Give the other party a chance to explain why they are adopting this stance. Then, provide the other party with the opportunity to continue the negotiations in this way. Plus, give them the option of being more open. If they choose the former, you should both just provide ‘take it or leave it’ offers. “I have come to the conclusion that the greatest obstacle to getting what we really want in life is not the other party, as difficult as he or she can be. The biggest obstacle is actually ourselves.” - William Ury 21 11 Final Summary and Review Getting to Yes provides principles for effective negotiation. The Four Fundamentals of Principled Negotiations, which are out- lined in the book, suggest that in order to achieve mutually beneficial agreements, negotiators should separate the people from the problem, focus on interests rather than positions, invent options for mutual gain, and insist on objective criteria. The book also discusses common obstacles in negotiations, such as hardliners, emotions, and misperceptions, and provides strategies for dealing with these challenges. In addition, the book advises negotiators to focus on interests, recognize that there may be multiple potential outcomes, and prepare for negotiations in advance. When the other party won’t use principled negotiation or uses dirty tricks, the book suggests using the Four Fundamentals, problem-solving techniques, seeking outside help, or considering the long-term relationship. The book concludes by discussing the importance of negoti- ating in good faith and building relationships, and emphasizes the value of mutual respect and understanding in achieving mutually beneficial agreements. 22 12 Rating We rate this book 4/5. 23 13 PDF, Free Audiobook, Infographic, and Animated Book Summary of Getting to Yes This was the tip of the iceberg. To dive into the details and support Roger Fisher, William Ury and Bruce Patton, order it here or get the audiobook for free. Did you like what you learned here? Share to show you care and let us know by contacting our support. New to StoryShots? Get the PDF, audiobook and animated versions of this summary of Getting to Yes: Negotiating Agreement Without Giving In and hundreds of other bestselling nonfiction books in our free top-ranking app. It’s been featured by Apple, The Guardian, The UN, and Google as one of the world’s best reading and learning apps. 24 14 Related Book Summaries Crucial Conversations by Al Switzler, Joseph Grenny and Ron McMillan Thanks For the Feedback by Douglas Stone and Sheila Heen Nonviolent Communication by Marshall Rosenberg White Fragility by Robin DiAngelo Never Split the Difference by Christopher Voss and Tahl Raz The Sell by Bruce Littlefield and Fredrik Eklund Social Intelligence by Daniel Goleman Influence by Robert Cialdini Mating in Captivity by Esther Perel How to Win Friends and Influence People by Dale Carnegie The 7 Habits of Highly Effective People by Stephen Covey 25

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