Getting to Yes Negotiating Agreement Without Giving in Summary

Getting to Yes Negotiating Agreement Without Giving in Summary

‘Getting to Yes: Negotiating Agreement without Giving In‘ is a non-fiction book co-authored by Roger Fisher and William L. Ury. The book was first published in the early eighties (1981) and has been revised twice in 1991 and 2011. The book has become a classic reader for persons interested in learning negotiation skills (Fisher & Patton, 2011). The final edition (third edition) of the book was published in 2011 in New York by Penguin Books in conjunction with Bruce Patton as the editor. The book appeared several times in the list of bestsellers in the Business Week. The final edition has 200 pages.

Roger Fisher is currently the director of the Harvard Negotiation Project. He is Williston Professor of Law Emeritus at Harvard Law School. He is also the founder of and senior advisor of Conflict Management Inc. as well as the nonprofits Conflict Management Group. Fisher was raised in Illinois and served in the Second World War with the U.S Army Air force (Fisher & Patton, 2011). He also served in Paris with the Marshal Plan and in Washington D.C. with the Department of Defence. He has published several books, and his latest book, co-authored with Alan Sharp and John Richardson is called ‘getting it done: How to lead when you’re not in charge.’

William Ury on the other and is the co-founder of Harvard’s Program on Negotiation and has worked as a consultant to the White House as well as the Pentagon under President Jimmy Carter where he helped found the International Negotiation Network whose aim is to end civil wars (Fisher & Patton, 2011). William is currently the Director of the Negotiation Network at Harvard University and an Associate Director of the Harvard Negotiation Project. He gives seminars to institutions and organizations and has talked to companies such as AT&T, American Express and IBM. He has authored another bestseller called ‘Getting past no: Negotiating with difficult people’ which has sold several million copies.

Both Roger and William are motivated by the need to have people or groups of people deal with their differences in a less costly and more effective manner. Both the two are peace crusaders, and this is what motivated to co-author the book to help people go past their differences and arrive at amicable, peaceful solutions (Fisher & Patton, 2011). The magazine bases its concepts in the psychology of negotiation by determining the fixed needs and the flexible needs of the parties to use in the talks.

Summary

Chapter 1

The book talks about the method of principled negotiation. In the first chapter, under the title ‘The Problem,’ the authors describe the problems that arise in using the standard strategies of positional bargaining. In this chapter, the authors illustrate that argument over positions produces unwise agreements, it is inefficient, and it endangers an ongoing relationship (Fisher & Patton, 2011). They assert that positional bargaining is even worse in instances where many parties are involved (Fisher & Patton, 2011, p. 8). The chapter concludes that in a negotiation, being nice should not lead to the solution and cannot provide an answer to the existing problem. In general, the authors suggest that there is an alternative to being hard or soft; the choice is based on four principles:

1. Separating the people from the problem
2. Focusing on interests, not positions
3. Generating a variety of possibilities before deciding what to do
4. Insisting that the result be based on some objective standard (p. 10).

The next four chapters illustrate in details the above mentioned four principles of principled negotiation. The four sections are clustered under the topic ‘The Method.’

Chapter 2

Chapter 2 talks about separating the people from the problem. It first explains that negotiators are also people and are interested in the substance and the relationship. This means that despite the need for a negotiator to satisfy his own needs, he should also consider his relationship with the other partner. One crucial thing pointed out is that the link in most cases is entangled with the problem and thus positional bargaining puts involvement and substance in conflict (Fisher & Patton, 2011). Therefore, to separate the relationship from the content, the authors suggest that one should put himself in the shoe of the other. Proposals that are consistent with the value of the partner should be made. Finally, the authors assert the importance of controlling our emotions while taking into consideration the feelings of the partner as well as the use of effective communication techniques during the negotiations.

Chapter 3

This chapter talks about the second principle of focusing on interests and not positions. The authors assert that attention define problems (p. 24) so for wise solutions to be achieved, benefits and not views should be reconciled. Methods of identifying the partner’s interests are also illustrated (p. 25). At this point, the authors point out that the most potent benefits are basic human needs such as security, economic well-being, a sense of belonging, recognition, and control over one’s life. These needs should be identified and acknowledged as part of the problem. The chapter concludes by summing that during the negotiations, one should be concrete but flexible and hard on the issue while being soft on the person (p. 30).

Chapter 4

Here, the authors help the reader to invent options for mutual gain. It begins by showing four significant obstacles that inhibit the invention of many options during negotiations. These include premature judgment, searching for a single answer, the assumption of a fixed pie, and thinking that ‘solving the problem is the problem’ (p. 31). The authors then illustrate how options can be obtained and how they can be filtered to remain with specific ones using The Circle Chart (Problem – Analysis – Approaches – Action Ideas). Finally, looking for mutual gain is obtained through the identification of shared interests then asking for the preferences of the partners and allowing the partners to make their decisions quickly. The authors lastly caution on making threats to spur decision making by the partner.

Chapter 5

Chapter 5 illustrates how the negotiator should insist on using objective criteria to arrive at decisions (p. 43). The book first explains that deciding based on will is costly before giving an illustration of how objective measures can be used. Objective criteria involve the use of open standards and fair procedures (p. 43). The however encourage the negotiator to reason and be open to right while not yielding to pressure.

Chapter 5, 6 and 7

The final three chapters answer the most commonly asked questions about principled negotiations method (Fisher & Patton, 2011). The questions answered in the last three sections include; what if the other side will not play along? What if the other hand is more powerful? And what if they use dirty tricks? The book offers a methodology to answer each of these questions; to answer the question of ‘what if they are more powerful’-It is suggested that a BATNA (Best Alternative to a Negotiated Agreement) should be developed. Negotiation Jijitsu is suggested to answer the question of ‘what if they won’t play along.’ The principle of Taming the Hard Bargainer is suggested for the question of ‘what if they use dirty tricks.’

Critique of the Book

The book is very well laid and the principles discussed are chronologically arranged for a smooth flow and following by the reader. Even though the authors are either lawyers or essential persons in Law Schools, they have used simplified English that can be easily understood by any reader. The book is thus free of legal jargons that would have otherwise made it hard to guess. Also, the outlay of the book is decorative, and each principle as well as points of emphasis are either bolded or are given sub-titles (Fisher & Patton, 2011). This makes the book also easy to navigate and find the exact place of interest.

However, the book can be quickly criticized by any law practitioner as well as a scholar on the basis that the principles illustrated are mostly ideal and impracticable in cases where positional or adversarial negotiation is necessary. First, the book assumes that all conflicts and interests are reconcilable; this is incorrect because the approach cannot work in a case where the interests of the parties involved are incompatible (Fisher & Patton, 2011). The reality is that most parties in a dispute are always interested in a settlement that would favour their interests without considering the benefits of the other parties. Additionally, most disputes end up in exemplifying the monetary value of the decisions reached; in such a case, it is difficult to satisfy both parties as most cases cannot end in mutual benefit.

The principled negotiation is practicable in situations where both parties adopt the methodology but may not work in a case where one is an adversarial negotiator who is not willing to change tactics. Additionally, under normal circumstances, it may be difficult to distinguish ‘positions’ and ‘interests’ (Fisher & Patton, 2011). Furthermore, interests can be either objective or subjective, and when such investments do not align, difficulties arise when using principled bargaining. Likewise, benefits may not take into consideration the values and beliefs, which are also fundamental in understanding the needs of the partner. The different value and opinions of people make it difficult for a negotiator to seek objective criteria illustrated in the book. There cannot exist objective criteria for every situation considering the dynamics of situations (Fisher & Patton, 2011). For instance, most disputes are usually entangled with emotions such that being objective would be merely being subjective. Negotiations involve discussions about positions because it is the differences in situations that result in conflicts. Therefore, it is not practical to state that talks on posts should not take place during negotiations (it should be rather a discussion on the interests).

The principles discussed in the book, the authors failed to capture the critical role of power in negotiations. The authors assumed that the parties bargaining are at a more or less equal power status – this is not usually the case. Therefore, in a situation where one partner is superior financially or personally, the other party may be incapable of adopting principled bargaining because there is a likelihood of the ruling party to take advantage of the weaker party (Fisher & Patton, 2011). Additionally, it would be challenging for a lawyer to adopt and utilize the principled negotiation methodology if he must protect the interests of his/her client. This is because it would force a negotiator to make concessions to be a reasonable negotiator at the expense of the client’s interests.

The final three chapters of the book attempt to answer possible questions regarding principled bargaining. However, it fails to deal with the problem of when one party refuses to adopt a principled bargaining approach. The suggestion not to react, disarm the opponent, and to change the game if the other side plays dirty tricks may not provide a better solution because if such instruction is followed, it would be easier to say yes and challenging to say no.

Personal Evaluation and Lessons Learned from the Book

The book is written in a strange forward manner and data are presented accurately. I believe that the book findings can be used to help in negotiating professional disputes without depicting the feelings of anger. The book has managed to provide a step by step strategy that the business managers and business leaders can use to come to terms and make mutually acceptable agreements in their business deals. I believe that the findings presented in the book are informative and relevant. Students, politicians and world leaders should read the book and apply it in resolving conflicts around the world. I believe that the book findings can also be used in resolving family disputes and other international disputes. This is because it presents several ideas on how to divide and separate people from the problem or the conflict at hand. The author argued that conflict resolution and negotiation should focus on interests, not positions. Effective negotiation and conflict resolution should result in a win-win situation. The conflict resolution leaders should also focus on people needs and avoid cases or issues that can divide the conflicting parties. The leaders should also focus on collaborating with the parties to ensure that all are satisfied with the decision reached. In the negotiating process, the group leader should avoid using dirty tricks and only focus on models that will improve the maximum satisfaction of both parties.

Moreover, the book presents a concise way that can help negotiators to avoid bargaining over positions. Negotiation works best when the people are separated from the problem, and the leader has adopted an objective view towards the problem-solving. I believe that this book can provide leaders with practical business leadership skills, proper job hunting skills and general negotiation skills and experiences. The negotiation principles presented in the book are easy to remember. The key strength of the book is that the author uses up to date information and it is presented in a simple language which is easier to understand. The book includes opinions of world leaders, and it offers several plans and models on promoting peace in the world. Organizations can use the book findings to shape and solve their problems with their employees.

Individual businessmen and women can also use the book findings to play their life. The book indicates that the first step to solving problems and conflicts involves accepting that there is a problem by getting to yes. The book also provides a formal negotiation framework, and it insists that the negotiator must avoid soft skills during the negotiation process. The negotiator must consider both parties needs and ensure that the ultimate goal is success and satisfaction of both the parties.

From my evaluation of the book, I believe that I can use its findings to be a master in negotiation as well as to improve my relationship with others in society. I have learned that trust is the number one factors that should be considered during consultation. This is because the parties will not be willing to share their emotions and issues unless they trust the negotiator. I have also learned that with proper negotiation skills, I can get what I want from others. I only need to have practical communication skills and focus on the needs of others.

Furthermore, the authors provide several issues that escalate conflicts in the world. He noted that everyone participates in decision making and few individuals are willing to accept the decisions of others. Using soft negotiation skills may be dangerous. This is because the smooth negotiator will want to avoid personal conflict and will reach an agreement faster without the consideration of the long term effects. A conflict negotiator should not feel bad and should show interest to both the parties. However, a hard negotiator is dangerous since he or she will make the ultimate decision that may harm the relationship among the parties involved. Thus, the author noted that the best negotiator is a principled one. This is because a principled negotiator looks for issues present on both sides and identifies the leading cause of conflict. He then adopts ethical and fair standards in solving the dispute in question. The adoption of an all-purpose strategy is essential according to the author findings.

The author also provided factual information and noted that a wise agreement includes a fair model, durable solution and considers the broader needs of the community. The agreement reach during a negotiation should also be amicable and efficient to all parties involved. For one to avoid lock-ins, it is essential defending position be the last resort. The negotiator should avoid any ego-related issues and avoid paying attention to places. This is the only way negotiator can reach a legitimate interest and increase their chances of reaching an acceptable agreement to all parties involved. Adopting extreme positions is also dangerous. Thus, one should avoid positional bargaining and only make a wise decision after careful analysis of the parties’ needs and desires.

I have also learned that each move that a negotiator makes is important. Negotiation is meta-game, and the negotiator should consider all the steps as critical. This includes focusing on the criteria, the options available as well as interests and the parties involved. The only attacking the people involved can do is attacking the problem. Benefits are part of human needs and should be considered during the negotiation process. However, the model or criteria adopted should be objective rather than subjective. The negotiator should plan, analyze and discuss the problems. This should be done after a careful gathering of information and planning on how to generate new ideas that will improve the outcome expected. The negotiator should understand that he is dealing with human beings who value social relationships. In that sense, the negotiator should be sensitive to the social and emotional needs of the parties involved. The negotiator should consider that he will require a future relationship with the parties involved. The only link they can destroy is the problem. This can be achieved by avoiding personal attack and adopting positive attitudes towards one another.

I have also learned that one should change how he deals and treat people to deal with the people problems. A negotiator should adopt an open mind viewpoint and understand the perceptions of others. This is possible through the adoption of two-way communication models and expressing one’s emotions without the blame game. The negotiator should have a forward-looking viewpoint and conform to the parties involved that the amicable agreement will be the outcome. I believe that the author is right where he indicates that perception, communication, and emotions are the key factors to be considered during the negotiation process.

By adopting objective perception, the negotiator can see the reality at hand and influence the other parties to do the same. Influencing others is possible if you take their viewpoint and communicate with them without personal attacks or judging them. The negotiator must talk loudly and accurately to convince the parties involved to accept the best alternative provided. In some cases, the negotiator is allowed to offer incentives to the parties to reach an acceptable outcome. Additionally, the negotiator must enable both the parties involved to share their ideas and opinions.

Issues associated with personal feelings, fears, and attitudes should be avoided. It is also evident from the book that to build rapport with the parties, the negotiator must consider their interest and appreciate their opinions. This will allow them to see that they are valued and acknowledged during the negotiation process. The negotiation process should promote self-respect and self-image of the parties involved. With effective communication systems, the parties can share their emotions with an outburst. The negotiator should be willing to listen to both sides and avoid any misinterpretation of the information provided. The negotiator should only speak about himself and avoid talking about the parties involved. This will make it difficult for the parties to argue with the negotiator.

I have also learned from the book that prevention is the best strategy to use. The negotiator should try to build a good relationship with the parties. This will start even before the negotiation process begins. For example, the negotiator can find ways to meet the parties informally and know their names. While negotiating, it is advisable that the negotiator sits on the same side of the table. The parties involved may not want to be controlled, and they must share some similarities with the negotiator. This can be achieved by the negotiator putting himself on the party’s shoes and believing that negotiation is two-way communication. The negotiator should also consider the importance of basic human needs during the negotiation process. All people require shelter, security, recognition, and social well-being and considering these factors may improve social interest among the parties. I have also learned that the negotiator should be sympathetic and should appreciate others. The negotiator should be reasonable and should only talk about the future. There is no need to blame others, and only the problem should be condemned.

In the future, I will employ the negotiation skills I have learned from the book to promote mutual gain during the negotiation process. I will also analyze the conditions leading to the problem before making a decision. I have learned that premature judgment is dangerous. I also believe that there is no single answer during negotiation. I will avoid emotional investment as a negotiator, and I will consider adopting a flexible perspective. I will invent new ways of solving conflicts by brainstorming from others in society. I believe that the negotiation process should also include a facilitator that can help t keep the process on the track. I will avoid criticisms and ensure that several ideas are used in solving conflicts. I will create a negation climate full of collaboration and democratic or participatory problem-solving. All the groups involved will be allowed to air their views and ideas. We will jointly decide on the best option to take as a group. I believe that the negotiation process should start with the identification of the problem and diagnosing the symptoms and devising the best options to solve the problem. I think that the issue should be reviewed and evaluated from a different professional point of view. Notably, I fully support the author viewpoint that practical suggestions should be followed in the negotiation process.

The book also helps me to understand that the negotiator should look for solutions that will ensure that all sides are satisfied. This is possible if the negotiator focuses on shared interest, values and opportunities for both parties. I will pick one hand and take his point of view and come with the solutions and then do the same for another group. The authors noted that this form the best way towards the in-depth analysis of the problems at hand (Fisher & Patton, 2011). I believe that people will always have questions and conflicts in the world and there is a need for the adoption of practical negotiation skills to resolve these problems. In my negotiation settings, I will explain to both the parties the consequences of the decisions provided. I will insist on using an objective model and ensure fairness standards are maintained. I believe that using an actual framework can help me reach possible solutions. I will allow both sides to decide on what they consider the best solution before providing a final input.

Moreover, I have learned that any decision in the negotiation process should be supported by theory. I will consider my weakness and strengths during the negotiation process as indicated by the author. I will avoid pressures associated with bribes and other manipulative appeals from the parties involved. However, if the load is beyond my control, I will indicate to the party required to provide logical reasoning behind his or her idea (Fisher & Patton, 2011). In cases where the parties involved are more powerful than me, I will protect my principles. I will provide the best solution and give the parties included a chance to decide. I will use an imaginative framework and intuition to collaborate with the parties. I will also use practical solutions and procedures that I can defend in the future. However, if the parties fail to comply, I will invite a third party. I believe that a third party can provide alternative solutions that will satisfy both the parties (Fisher & Patton, 2011). I will try to use questions to allow them to express their emotions. I will avoid the use of statement since this is a hard way of negotiating. I provide different suggestions to eliminate any form of dirty trick.

I believe that recognizing a dirty trick is essential. Some parties may use a dirty tactic to take advantage of the situation. However, I will provide the rules to be followed to avoid falling into their trap. I will prevent psychological tricks and deception techniques during the process (Fisher & Patton, 2011). In cases where extreme demands are created, I will inform the group about the consequences of using dirty tricks. I will also ensure credibility and high levels of accountability during the negotiation process.

Conclusion

The book ‘Getting to Yes by Roger Fisher and William Ury was intended to act as a guide to negotiators, and it is indeed one of the works that have offered a practical approach to negotiations. Principled bargaining propagated by the book promotes objective bargaining criteria that should give the best possible solution for both parties. It provides a set of four simple steps to apply in a negotiation; the steps should help a negotiator put emotions away from the problem, focus on interests, invent options, and develop objective criteria for making a decision. However, principled bargaining has been found to harbour some shortcomings especially in practical negotiation situations that cannot be overlooked. It is practically not workable in the case of an irreconcilable conflict where interests are opposed. Likewise, a contest with an adversarial negotiator may further be complicated due to the uncompromising nature of the negotiator. Generally, it is a useful model that should be tested in diverse situations in addition to other models.

References

Fisher, R., Ury, W., & Patton, B. (2011). Getting to Yes: Negotiating an agreement without giving in. Penguin Books: New York. 1-200.