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Getting to Yes:
Negotiating Agreement Without Giving In
Harvard Negotiation Project

                 Began in 1983
             




                 In conjunction
             
                 with MIT and Tufts

                 Negotiation art
             
                 and a science
Getting to Yes Authors




Roger Fisher


     Bruce Patton
                         William Ury
Getting to Yes
Dilemma: people see two ways to negotiate
   1. Soft
   2. Hard


    Soft: avoid conflict, make concessions

        Often end up exploited and feeling bitter
    



    Hard: sees any situation as a contest of

    wills
        Exhausts people and resources and harms
    
        relationships
Getting to Yes
Being nice is no answer

        In soft negotiations: yield as necessary

        to avoid conflict
          (e.g. WWII)
    



        B/t friends and family, it tends to be

        efficient as it produces results quickly
          But it does not ensure a wise agreement
    
Getting to Yes
    Third way to negotiate: both hard and

    soft
        Principled Negotiation: decides issues on their
    
        Merits


    Look for mutual gains wherever possible.




    Where interests conflict, insist that

    results be based on some fair and
    independent standards.
Getting to Yes
Arguing over positions produces
   unwise agreements

    Negotiators lock themselves into

    positions which they must defend

    The more you defend, the harder it is to

    change a position

    Position now involves ego and saving

    face
Getting to Yes
Arguing over positions endangers an
   ongoing relationship

    Strains and sometimes shatters

    relationships

    One ego always ends up bruised

Principled Negotiation
4 Basic Points:

    People: separate the people from the

    problem
    Interests: focus on interests, not

    positions
    Options: generate a variety of

    possibilities before deciding what to do
    Criteria: insists that the results be

    based on some objective standard
Principled Negotiation

People: separate the people from the
  problem

    Emotions cloud objective merits




    Egos become identified with

    positions

    Create Cognitive Dissonance

Principled Negotiation

Interests

    Focus on interests, not positions



    A position may obscure what you really

    want

    Ask Why? Ask Why not?



    Ex: talks on nuclear testing breakdown

    over number of inspections
Miscommunication

    Lessee: “I always pay the rent

    whenever she asks for it.”

    Lessor: “He never pays the rent

    until I ask for it.”
Fear of Uncertainty

    People fear what the other side

    intends to do!

    quot;They met in a bar, where he

    offered her a ride home. He took
    her down unfamiliar streets. He said
    it was a shortcut……
Try To Understand

    You might say, quot;You have a strong

    case. Let me see if I can explain it.
    Here's the way it strikes me....quot;

    Understanding is not agreeing!




    Problem before Answer

Money Phrases

    quot;Please correct me if I'm

    wrong…quot;

    quot;Could I ask you a few

    questions to see whether my
    facts are right?“

    quot;What's the principle behind

    your action?quot;
Principled Negotiation
Options: generate a variety of possibilities
  before deciding what to do

    Searching for the one right solution

    inhibits creativity



    example: argument over an orange

Principled Negotiation

Criteria: insists that the results be
   based on some objective standard

    Ex: market value, expert opinion,

    custom, precedence or law

    both parties can defer to a fair

    solution without giving in to each
    other
BATNA
    Best Alternative To Negotiated

    Agreement

    Always keep in mind




    Be careful about disclosing!

The one-text procedure
    A mediator asks about interests

    instead of positions. Asks “why?”

    First, she tries to learn all she can

    about the needs and interests.

    Explores the possibility of a

    recommendation

    Involves preparing drafts and

    asking for criticisms.
Common Tricks
    Dubious Intentions

        Incorporate compliance feature
    



    Manipulate Physical Environment

        Small Chair, Hot, Sun
    



    Personal Attack

        No eye contact, disguised insult
    
Tom   Insurance Agent
Conclusion
    You knew all of this already!



    Only Learn by Practice



    Forget “Winning”

Getting to Yes
    Make the most of your potential
      power.



Let us never negotiate out of fear.
But let us never fear to negotiate.

                    -John F. Kennedy

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Getting To Yes - Negotiating Agreement Without Giving In

  • 1. Getting to Yes: Negotiating Agreement Without Giving In
  • 2. Harvard Negotiation Project Began in 1983  In conjunction  with MIT and Tufts Negotiation art  and a science
  • 3. Getting to Yes Authors Roger Fisher Bruce Patton William Ury
  • 4. Getting to Yes Dilemma: people see two ways to negotiate 1. Soft 2. Hard Soft: avoid conflict, make concessions  Often end up exploited and feeling bitter  Hard: sees any situation as a contest of  wills Exhausts people and resources and harms  relationships
  • 5. Getting to Yes Being nice is no answer In soft negotiations: yield as necessary  to avoid conflict (e.g. WWII)  B/t friends and family, it tends to be  efficient as it produces results quickly But it does not ensure a wise agreement 
  • 6. Getting to Yes Third way to negotiate: both hard and  soft Principled Negotiation: decides issues on their  Merits Look for mutual gains wherever possible.  Where interests conflict, insist that  results be based on some fair and independent standards.
  • 7. Getting to Yes Arguing over positions produces unwise agreements Negotiators lock themselves into  positions which they must defend The more you defend, the harder it is to  change a position Position now involves ego and saving  face
  • 8. Getting to Yes Arguing over positions endangers an ongoing relationship Strains and sometimes shatters  relationships One ego always ends up bruised 
  • 9. Principled Negotiation 4 Basic Points: People: separate the people from the  problem Interests: focus on interests, not  positions Options: generate a variety of  possibilities before deciding what to do Criteria: insists that the results be  based on some objective standard
  • 10. Principled Negotiation People: separate the people from the problem Emotions cloud objective merits  Egos become identified with  positions Create Cognitive Dissonance 
  • 11. Principled Negotiation Interests Focus on interests, not positions  A position may obscure what you really  want Ask Why? Ask Why not?  Ex: talks on nuclear testing breakdown  over number of inspections
  • 12. Miscommunication Lessee: “I always pay the rent  whenever she asks for it.” Lessor: “He never pays the rent  until I ask for it.”
  • 13. Fear of Uncertainty People fear what the other side  intends to do! quot;They met in a bar, where he  offered her a ride home. He took her down unfamiliar streets. He said it was a shortcut……
  • 14. Try To Understand You might say, quot;You have a strong  case. Let me see if I can explain it. Here's the way it strikes me....quot; Understanding is not agreeing!  Problem before Answer 
  • 15. Money Phrases quot;Please correct me if I'm  wrong…quot; quot;Could I ask you a few  questions to see whether my facts are right?“ quot;What's the principle behind  your action?quot;
  • 16. Principled Negotiation Options: generate a variety of possibilities before deciding what to do Searching for the one right solution  inhibits creativity example: argument over an orange 
  • 17. Principled Negotiation Criteria: insists that the results be based on some objective standard Ex: market value, expert opinion,  custom, precedence or law both parties can defer to a fair  solution without giving in to each other
  • 18. BATNA Best Alternative To Negotiated  Agreement Always keep in mind  Be careful about disclosing! 
  • 19. The one-text procedure A mediator asks about interests  instead of positions. Asks “why?” First, she tries to learn all she can  about the needs and interests. Explores the possibility of a  recommendation Involves preparing drafts and  asking for criticisms.
  • 20. Common Tricks Dubious Intentions  Incorporate compliance feature  Manipulate Physical Environment  Small Chair, Hot, Sun  Personal Attack  No eye contact, disguised insult 
  • 21. Tom Insurance Agent
  • 22. Conclusion You knew all of this already!  Only Learn by Practice  Forget “Winning” 
  • 23. Getting to Yes Make the most of your potential power. Let us never negotiate out of fear. But let us never fear to negotiate. -John F. Kennedy