Book Review - Getting To Yes

Introduction

This paper is a reflection of the book “Getting To YES” written by authors Roger Fisher and William Ury. This book was written based on a question “What is the best way for people to deal with their differences”. How two or more entities that are involved in a conflict could amicably reach a mutually satisfying agreement without feeling that one of them gave in.

 

Book Framework

Book starts with an introduction to Negotiation, need for negotiation. It looks at the fundamental problems in classical negotiation. In the first section it explains why one should not bargain over position. In the next chapter it goes on to define methods to separate people from the problem. Explains why one should focus on interests and not on positions. Negotiator should take time to invent options for mutual gain and should insist on using objective criteria. All the above mentioned methods would help a negotiator reach a mutually satisfying agreement. In the final section authors look at three important questions that often come to our mind. What If the other party doesn’t play by the rule or more powerful or it uses dirty tricks.

 

Don’t Bargain over Position

This chapter looks at the ill effects of a positional bargain. In this situation the parties involved in a conflict takes a position and starts arguing for their position. There is a considerable amount of haggling before an agreement can be reached, wasting considerable time and energy. A positional bargain fails to meet the basic criteria of producing a wise agreement, efficiently and amicably. Reasons attributed to failure of this method are overlooking the concerns related to the negotiator and primarily focusing on the position. Some of the examples cited are failed negotiation between president JFK and Soviet Union for a comprehensive ban on nuclear testing.

 

In this strategy both the parties tries to win and they do not look at the interests of both. This strategy could lead to strained relationship, increased time to complete an agreement and makes the process highly impossible when more than two parties are involved. Thus authors recommend against the use of positional bargaining. They also introduce the difference between soft and hard bargaining. Playing the soft game gives undue advantage to someone who is playing the hard game.

 

Alternative to Positional Bargaining Strategy

Which game should we play – Soft or Hard? Answer to the question is neither. Try changing the game. Authors are introducing an alternative to the positional bargaining strategy which is a method of negotiation explicit designed to produce wise outcomes efficiently and amicably. This is called “principled negotiation” or “negotiation on the merits”. It defines the straight forward negotiation which can be used under any circumstances. Following points deals with the basic elements of negotiation, and suggests what you should do about it.

ü     People:            Separate the people from the problem

ü     Interest: Focus on interests and not positions

ü     Options: Generate a variety of options before deciding what to do

ü     Criteria: Insist that the result be based on some objective standard

 

Separate the people from the Problem

In this chapter authors explain why separating the people from the problem is rather important. Human beings are an emotional package. They react to circumstances differently. This human aspect can be either helpful or disaster for the negotiating outcome. It is important to separate the relationship aspect from the substance. It is important to understand what the other side thinks, their perception and most importantly putting yourself in their shoes. Try to break the perceptions by acting inconsistently with the perceptions. For e.g. In 1977 Egypt’s president’s visit to Jerusalem was a great example of such act. Emotions plays a critical role in the negotiation process, it is critical to understand the emotions of both the side and react accordingly. Ensure that communication process is done carefully. Without proper communication the entire process of negotiation could be in question.

 

Focus on Interests, Not on Positions

Fundamental problem in negotiation does not lie in conflicting position, instead it is in the negotiators needs, desires, concerns and fears. Understanding the parties interest would help to come up with an amicable solution. Interests motivate people; they are the silent movers behind the hubbub of positions.

Behind each opposition conflict there lays sharable, compatible and conflicting interests. Authors explain this theory using a real estate rental analogy.  Understanding the interests would open up the options available for negotiating a conflict. Clearly communicating the interests would help the opposite party look at things as you see. Acknowledge the interests of others as problems; try to look forward and do not bring past issues when evaluating a future or present deal, be concrete but flexible. Finally authors ask one to be soft on the people but hard on the problem.

 

Invent Options for Mutual Gains

Many negotiations involve four major obstacles that prevent identifying the available options. They are premature judgment, trying to search for a single answer, assumption of a fixed pie and finally thinking that “solving their problem is their problem”. To invent creative options authors prescribe the following strategies.  Separate the act of inventing options from the act of judging them; To broaden the options at the table rather than looking at a single answer; To search for mutual gains and finally to invent ways of making their decisions easy.

 

Insist on Using Objective Criteria

This chapter focuses on how to create a solution based on principles and doesn’t base on people’s mettle. Principled negotiation produces wise agreements amicably and efficiently. Chapter goes in detailing the process of developing objective criteria, and how one can use them in negotiating.  Following standards should be used as and when it is available; Market value, precedent, scientific judgment, professional standards, government regulations, moral standards, equal treatment, tradition, reciprocity and costs.

In addition authors provide three ways to use the objective criteria and procedures. Frame each issue as a joint search for objective criteria, Reason and be open to reason on which standard is appropriate, and never yield to pressure but only to principle.

 

What if They Are More Powerful?

In this chapter authors introduce a concept named BATNA – (Best Alternative To a Negotiated Agreement).  It is important to understand the concept of bargaining power. More the bargaining power more leverage does one side have. It doesn’t matter you talk about interests, options and standards if the other side has a stronger bargaining power. BATNA is the standard against which any proposed agreement should be measured. Having a good BATNA would help negotiating on merits instead of position. Having a good BATNA provides an easy means to walk away and highly improves the present negotiating situation.

 

What if They Won’t Play?

If the opposing side doesn’t want to talk about standards, interests or even merits and doesn’t want to play the game then following the three basic approaches would help the opponents focus on the merits. First step focuses on what should do and second step focuses on what others may do, this counters the basic moves of positional bargaining and directs their attention towards the merits, this strategy is called negotiation jujitsu. Final step involves what the third party can do, if first two options doesn’t work try involving a third party who is trained to focus on interests, standards and criteria.

 

What if They Use Dirty Tricks?

Principle negotiation is great, but what happens when the opposite party tries to derail you or worse case he tries to increase the demand at the verge of an agreement. This chapter looks means by which we can counter the opponent by applying four principles of following the interests, standards, options and criteria. It is important to be able to understand the psychological warfare and knowing the tricks one might have up their sleeve.

 

Conclusion

Authors conclude by saying negotiation is not about winning but it is about how you capture the ultimate price which is winning on merits. Principled negotiation will produce over the long run substantive outcomes as good as or better than you are likely to obtain using any other negotiation strategy.