Getting to Yes: Negotiating Agreement Without Giving In Julie Poroznuk JP Communication [email protected] .

Getting to Yes:Negotiating Agreement Without Giving In

Julie PoroznukJP Communicationjulie.poroznuk@jpcommunication.cawww.jpcommunication.ca

Getting to Yes:Negotiating Agreement Without Giving In

Roger Fisher

Bruce PattonWilliam Ury

Negotiation is a basic means of getting what you want from others.

Back and forth communication designed to reach agreement when you and the other side have some shared and some opposed interests.

Negotiation is not easy to do well. Standard strategies often leave people

dissatisfied, worn out or alienated.

Getting to Yes

Dilemma: people see two ways to negotiate – soft and 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.

Other strategies are between hard and soft, but each involves a trade off.

Getting to Yes

Third way to negotiate: both hard and soft.

Principled Negotiation: decide issues on their merits instead of haggling.

Look for mutual gains wherever possible. Where interests conflict, insist that

results be based on some fair and independent standards.

Getting to Yes

Any method of negotiation may be fairly judged by three criteria:

1. does it produce a wise agreement?2. is it efficient?3. does it improve or at least not

damage the relationship between the parties?

Getting to Yes

A wise agreement: meets legitimate interests of each

side to the extent possible resolves conflicting interests fairly is durable takes community interests into

account

Getting to Yes

Most negotiation depends on taking and then giving up a sequence of positions.

Taking positions tells the other side what you want, serves as an anchor and will produce acceptable agreements.

But often fails to meet basic criteria of a wise agreement reached efficiently and amicably.

Getting to Yes

Arguing over positions produces unwise agreements

negotiators lock themselves into positions which they must defend against attacks

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

position now involves ego and saving face

less and less likely an agreement will wisely reconcile original interests

Getting to Yes

Arguing over positions is inefficient This process takes a lot of time. You must start with an extreme position

and stubbornly hold to it. Make only small concessions as

necessary to keep negotiations going. Require many decisions by each side

about what to offer and reject.

Getting to Yes

Arguing over positions endangers an ongoing relationship

strains and sometimes shatters relationships

long time commercial enterprise partners may part company

neighbours may stop speaking to each other

especially tragic in divorce/child custody situations

Getting to Yes

Being nice is no answer in soft negotiations, make offers and

concessions, be friendly, yield as necessary to avoid conflict (e.g. WWII)

between friends and family, it tends to be efficient as it produces results quickly

but it does not ensure a wise agreement for example, story about the combs and

the watch by O. Henry

Getting to Yes

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 the objective merits of the problem

egos become identified with positions

participants should come to see themselves as working side by side

Principled Negotiation

Interests focus on interests, not positions object is to satisfy underlying interests a position may obscure what you really

want compromising is not likely to address

underlying interests example: two men quarrelling in a

library about the window. example: talks on nuclear testing

breakdown over number of inspections

Principled Negotiation

Options: generate a variety of possibilities before deciding what to do

having a lot at stake and searching for the one right solution inhibits creativity

create an opportunity to think up a wide range of solutions that advance shared interests and creatively reconcile differing interests

example: argument over an orange

Principled Negotiation

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

for example, market value, expert opinion, custom, precedence or law

both parties can defer to a fair solution without giving in to each other

Principled Negotiation

Fair standards There is often more than one objective

criterion available.Car example: original cost less depreciation what the car would have sold for blue book value replacement cost what a court might award as the value

Use Objective Criteria

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 that he might be able to make a recommendation.

Involves preparing drafts and asking for criticisms.

The one-text procedure

Problem: Positional Bargaining: Which Game Should You Play?

Solution: Change the Game – Negotiate the Merits

Getting to Yes

Soft: Participants are friends

Hard: Participants are adversaries.

Principled: Participants are problem solvers.

Getting to Yes

The goal is agreement.

The goal is victory.

The goal is a wise outcome reached efficiently and amicably.

Getting to Yes

Make concessions to cultivate the relationship.

Demand concessions as a condition of the relationship.

Separate the people from the problem.

Getting to Yes

Be soft on the people and the problem.

Be hard on the people and the problem.

Be soft on the people, hard on the problem.

Getting to Yes

Trust others.

Distrust others.

Proceed independent of trust.

Getting to Yes

Change your position easily.

Dig in to your position.

Focus on interests, not positions.

Getting to Yes

Make offers.

Make threats.

Explore interests.

Getting to Yes

Disclose your bottom line.

Mislead as to your bottom line.

Avoid having a bottom line.

Getting to Yes

Accept one-sided losses to reach agreement.

Demand one-sided gains as the price of agreement.

Invent options for mutual gain.

Getting to Yes

Search for the single answer: the one they will accept.

Search for the single answer: the one you will accept.

Develop multiple options to choose from; decide later.

Getting to Yes

Insist on agreement.

Insist on your position.

Insist on using objective criteria.

Getting to Yes

Try to avoid a contest of will.

Try to win a contest of will.

Try to reach a result based on standards independent of will.

Getting to Yes

Yield to pressure.

Apply pressure.

Reason and be open to reason; yield to principle, not pressure.

Getting to Yes

There is power in: developing a good working relationship

with the other party understanding interests inventing an elegant option. (e.g. stamp

auction rule – highest bidder gets the stamps at price of second highest bid)

using external standards of legitimacy developing a good BATNA

Sources of Negotiation Power

Make the most of your potential power.

Getting to Yes

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

-John F. Kennedy

Getting to Yes:Negotiating Agreement Without Giving In

Roger Fisher

Bruce Patton

William Ury

Beyond Reason:Using Emotions as you Negotiate

Roger Fisher Daniel Shapiro

Beyond Reason:Using Emotions as you Negotiate

Written in the same remarkable vein as Getting to Yes, this book is a masterpiece."            —Stephen R. Covey, author, The 7 Habits of Highly Effective People  “Powerful, practical advice. It will put your emotions to good use.”             —Desmond Tutu, Nobel Laureate

“A brilliant guide.  Anyone who faces a difficult conversation, let alone a formal negotiation, can use this as a guidebook.”            —Daniel Goleman, author of Emotional Intelligence

Getting to Yes:Negotiating Agreement Without Giving In

Thank you!