Transcript Olds College – Calgary Campus

Getting to Yes:
Negotiating Agreement Without Giving In
Julie Poroznuk
JP Communication
[email protected]
www.jpcommunication.ca
Getting to Yes:
Negotiating Agreement Without Giving In
Roger Fisher
Bruce Patton
William Ury
Getting to Yes
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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.
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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
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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
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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
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negotiators lock themselves into
positions which they must defend
against attacks
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the more you defend, the harder it is to
change a position
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position now involves ego and saving
face
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less and less likely an agreement will
wisely reconcile original interests
Getting to Yes
Arguing over positions is inefficient
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This process takes a lot of time.
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You must start with an extreme position
and stubbornly hold to it.
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Make only small concessions as
necessary to keep negotiations going.
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Require many decisions by each side
about what to offer and reject.
Getting to Yes
Arguing over positions endangers an
ongoing relationship
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strains and sometimes shatters
relationships
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long time commercial enterprise
partners may part company
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neighbours may stop speaking to each
other
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especially tragic in divorce/child custody
situations
Getting to Yes
Being nice is no answer
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in soft negotiations, make offers and
concessions, be friendly, yield as
necessary to avoid conflict (e.g. WWII)
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between friends and family, it tends to
be efficient as it produces results quickly
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but it does not ensure a wise agreement
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for example, story about the combs and
the watch by O. Henry
Principled Negotiation
4 Basic Points:
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People: separate the people from the
problem
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Interests: focus on interests, not
positions
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Options: generate a variety of
possibilities before deciding what to do
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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
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focus on interests, not positions
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object is to satisfy underlying interests
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a position may obscure what you really
want
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compromising is not likely to address
underlying interests
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example: two men quarrelling in a
library about the window.
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example: talks on nuclear testing
breakdown over number of inspections
Principled Negotiation
Options: generate a variety of possibilities
before deciding what to do
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having a lot at stake and searching for
the one right solution inhibits creativity
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create an opportunity to think up a wide
range of solutions that advance shared
interests and creatively reconcile
differing interests
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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
Use Objective Criteria
Fair standards
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There is often more than one objective
criterion available.
Car example:
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original cost less depreciation
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what the car would have sold for
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blue book value
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replacement cost
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what a court might award as the value
The one-text procedure
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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.
Getting to Yes
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.
Sources of Negotiation Power
There is power in:
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developing a good working relationship
with the other party
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understanding interests
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inventing an elegant option. (e.g. stamp
auction rule – highest bidder gets the
stamps at price of second highest bid)
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using external standards of legitimacy
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developing a good BATNA
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
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!