Getting to Yes: Negotiating Agreement Without Giving In

1. Getting to Yes:Negotiating Agreement Without Giving In Julie Poroznuk JP Communication julie.poroznuk@jpcommunication.ca www.jpcommunication.ca

2. Getting to Yes:Negotiating Agreement Without Giving In Roger Fisher Bruce Patton William Ury

3. Getting to Yes • 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.

4. 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.

5. 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.

6. Getting to Yes Any method of negotiation may be fairly judged by three criteria: • does it produce a wise agreement? • is it efficient? • does it improve or at least not damage the relationship between the parties?

7. 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

8. 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.

9. 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

10. 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.

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. Use Objective Criteria 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

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 that he might be able to make a recommendation. • Involves preparing drafts and asking for criticisms.

20. Getting to Yes Problem: Positional Bargaining: Which Game Should You Play? Solution: Change the Game – Negotiate the Merits

21. Getting to Yes Soft: Participants are friends Hard: Participants are adversaries. Principled: Participants are problem solvers.

22. Getting to Yes The goal is agreement. The goal is victory. The goal is a wise outcome reached efficiently and amicably.

23. Getting to Yes Make concessions to cultivate the relationship. Demand concessions as a condition of the relationship. Separate the people from the problem.

24. 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.

25. Getting to Yes Trust others. Distrust others. Proceed independent of trust.

26. Getting to Yes Change your position easily. Dig in to your position. Focus on interests, not positions.

27. Getting to Yes Make offers. Make threats. Explore interests.

28. Getting to Yes Disclose your bottom line. Mislead as to your bottom line. Avoid having a bottom line.

29. Getting to Yes Accept one-sided losses to reach agreement. Demand one-sided gains as the price of agreement. Invent options for mutual gain.

30. 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.

31. Getting to Yes Insist on agreement. Insist on your position. Insist on using objective criteria.

32. 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.

33. Getting to Yes Yield to pressure. Apply pressure. Reason and be open to reason; yield to principle, not pressure.

34. Sources of Negotiation Power 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

35. 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

36. Getting to Yes:Negotiating Agreement Without Giving In Roger Fisher William Ury Bruce Patton

37. Beyond Reason:Using Emotions as you Negotiate Daniel Shapiro Roger Fisher

38. 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

39. Getting to Yes:Negotiating Agreement Without Giving In Thank you!