Getting To Yes Ch 5 7

							                  Getting to Yes
Negotiating Agreement Without Giving In
                             (Chapters 5-7)




                             Group #5
                           Colleen Doyle
                         Shayna Pearson
                           Jonathan Sell
                             Jerry Smith
Four points for principled negotiations

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
Agenda

Insist on using objective criteria.
What if they are more powerful?
What if they won’t play?
Recommendations
Using Objective Criteria
Using the Basis of Will
 Positional bargaining
  Focuses on what parties are willing or unwilling to
   accept
 Very costly
 Inefficient and time consuming
 Can create animosity between parties
 Results in a winner and a loser

 Example: ego becomes identified with position
  so it must be defended
Using Objective Criteria

 All parties need to be on the same page
 Principled negotiation
  Use standard terms, precedence
  More efficient – less time wasted
 Parties can defer to a fair solution without
  giving in

 Example: contracting to have a house built and
  using agreed-to safety standards
Developing Objective Criteria

 Prepare in advance
  Develop alternative standards beforehand
  Think through their application to your case
 Fair standards
  Independent of each side’s will
    ideally also legitimate and practical
  Apply to both sides
    test of reciprocal application
Developing Objective Criteria
 Fair Procedures
  “One cuts and the other chooses”
      Cake dividing example
  Parties negotiate fair agreement before determining
   their role
      Divorce negotiation: before custody decided, both parties
       decide visitation rights of other parent
  Other
      Taking turns
        • Dividing heirlooms
      Letting someone else decide
        • Mediation, arbitration (last best offer arbitration)
Objective Criteria in Negotiation
 Frame each issue as a mutual search for
  objective criteria.
  “You want a high price, I want a low price. Lets figure
   out what a fair price would be.”
 Be reasonable and open to reason concerning
  use and application of standards.
  Don’t be biased towards the standards that you
   advance, others can have legitimate obj. criteria.
 Never bend to pressure, only to principle.
  Bribes, threats, manipulative appeals to trust, or simple
   refusal to budge.
What If They Are More Powerful?
 Develop Your BATNA – Best Alternative To a Negotiated Agreement
Protecting Yourself
 The cost of using a bottom line
    Bottom line = Resistance point (ex: the maximum price you are willing to
     pay); it is a position that is not to be changed

    Bottom line makes it easier to resist pressure

    Limits ability to benefit from what you learn during negotiation

    Inhibits imagination and reduces incentive to invent a tailor-made
     solution

    Almost certain to be too rigid

    Likely to be set too high or too low

    Adopting a bottom line may protect you from accepting a very bad
     agreement but it may keep both parties from inventing and agreeing to a
     solution that would be wise to accept.
Protecting Yourself
 Know your BATNA
    Standard against which any proposed agreement should be measured
    Flexible enough to permit the exploration of imaginative solutions
 The insecurity of an unknown BATNA
    Makes you overly pessimistic about what would happen if the
     negotiation broke off
    Having at least a tentative answer to what you would do if no agreement
     is reached is essential to conducting negotiations wisely.
 Formulate a trip wire
    Identify one far from perfect agreement that is better than your BATNA
    Can limit authority of an agent
    Should provide some margin in reserve
 Always keep your BATNA in mind
 Be careful about disclosing your BATNA
Making the Most of Your Assets
   The better BATNA, the more powerful you are
     Relative negotiating power of 2 parties depends on how
      attractive the option of not reaching an agreement is to each
      party
   Develop your BATNA
        1. Invent a list of actions to take if no agreement is reached
        2. Improve some more promising ideas and convert to
           practical alternatives
        3. Tentatively select the alternative that seems best
        – The better the BATNA, the greater the ability to improve
           terms of any negotiated agreement
   Consider the other side’s BATNA
     The more you can learn about their alternatives the better
      prepared you are for negotiation
     Consider what you can do to change their BATNA
     If attractive BATNA for both sides, best option may be to not
      reach an agreement
When the Other Side is Stronger
 Don’t turn a negotiation into a gun fight
 Negotiate on merits
   Having a good BATNA can help to negotiate on merits
 The more easily and happily you can walk away
  from a negotiation, the greater your capacity to
  affect its outcome
 Developing your BATNA is perhaps the most
  effective course of action you can take in dealing
  with a seemingly more powerful negotiator
What if they won’t play?
             Use negotiation jujitsu.
Getting Them to Play
 What if they won’t negotiate?
  Other party might focus on “bargaining” and not
   negotiating
 Three basic approaches
  First, focus on what you can do
      Principled negotiation, concentrate on the issues
  Then, focus on what they may do
      Redirect attacks and use Negotiation Jujitsu
  Third, focus on what a third-party can do
      Third party focuses on interests, options, and criteria for
       both parties involved.
      Example
Jujitsu

What if they still won’t negotiate?
Negotiation Jujitsu

Resort to Negotiation Jujitsu
  Four methods to using Negotiation Jujitsu
Typical attack might include:
  Asserting their own position
  Attacking your ideas
  Attacking you
Negotiation Jujitsu

Don’t attack their position, look behind it
  Neither reject nor accept their position
  Example
Don’t defend your ideas, invite criticism
 and advice
  Ask for their opinions and make them feel as
   though you care
  Example
Negotiation Jujitsu
 Recast an attack on you as an attack on the
  problem
  Accept criticism and ask for more feedback
 Ask questions and pause
  Questions and silences can be used to draw the other
   party out


 Refocus the “bargaining” on problem solving,
  and try to bring the other party into this
  approach.
Money Phrases

3 important money phrases
  Trust is a separate issue
  Let me get back to you…
  One fair solution might be…
Recommendations
 Insist on using objective criteria.
 Develop your BATNA.
 Use negotiation techniques such as jujitsu.