Getting to Yes Flashcards
- Don’t bargain over positions - three criteria
- Negotiations shoud produce a wise agreement, if agreement is possible
- it meets the legitimate interests of each side to the extent possible
- it resolves conflicting interests fairly
- it is durable
- it takes community interests into account - It should be efficient
- It should improve or at least not damage the relationship between the parties (amicably)
- Don’t bargain over positions - 1. arguing over positions produces unwise outcomes
The more attention is paid to positions, the less attention is devoted to meeting the underlying concerns and legitimate interests of the parties
- Don’t bargain over positions - 2. arguing over positions is inefficient
Bargaining over positions creates incentives that stall settlement (dragging feet, threatening to walk out, stonewalling), with risk that no agreement is reached at all
- Don’t bargain over positions - 3. arguing over positions endangers an ongoing relationship
The task of jointly devising an acceptable solution becomes a battle
- Don’t bargain over positions - 4. when there are many parties, positional bargaining is even worse
Several parties may sit at the table, while each side may have constituents, higher-ups, boards of directors or committees
- Don’t bargain over positions - 5. being nice is no answer
A soft negotiation game tends to be efficient, but it may not be a wise one. A woman sells her hair to buy her husband a watchchain, while the husband sells its watch to buy the wife beautiful combs. Against a hard bargainer the process will produce an agreement, although it may not be a wise one, you will probably lose your shirt.
- Don’t bargain over positions - 6. there is an alternative - at what two levels does the game of negotiations takes place?
- At one level negotiation addresses the substance
- At another level it focuses on the procedure for dealing with the substance - a game about a game; you structure the rules of the game you are playing
- Don’t bargain over positions - 6. there is an alternative - what are the four basic points of principled negotiation?
- People - separate the people from the problem
- Interests - focus on interests, not positions
- Options - invent multiple options looking for mutual gains before deciding what to do
- Criteria - insist that the result be based on some objective standard
- Don’t bargain over positions - 6. there is an alternative - are people objective?
We are creatures of strong emotions who often have radically different positions and have difficulty communicating clearly
- Don’t bargain over positions - 6. there is an alternative - focus on interests, not positions
A negotiation position often obscures what you really want. Compromising between positions is not likely to produce an agreement that will effectively take care of the human needs that led people to adopt those positions
- Don’t bargain over positions - 6. there is an alternative - what are the three stages of principled negotiation?
Analysis, planning and discussion
- Don’t bargain over positions - 6. there is an alternative - what two kinds of interests does every negotiation have?
In the substance and in the relationship - sometimes the ongoing relationship is more important than the outcome of a particular negotiation - positional bargaining puts relationship and substance in conflict
- Separate the people from the problem
2 cases - What is going on in these cases?
- Separate the people from the problem - 1. negotiators are people first
You are dealing with human beings - they have emotions, deeply held values, different backgrounds and viewpoints. They are prone to cognitive biases, partisan perceptions, blind spots and leaps of illogic. This human aspect of negotiations can be either helpful or disastrous
- Separate the people from the problem - 2. every negotiator has two kinds of interests: in the substance and in the relationship
Most negotiations take place in the context of an ongoing relationship where it is import to carry on each negotiation in a way that will help rather than hinder future relations and future negotiations
- Separate the people from the problem - 2. every negotiator has two kinds of interests: in the substance and in the relationship - the relationship tends to become entangled with the problem
We are likely to treat people and problem as one. People draw from comments on substance unfounded inferences, which they then treat as facts about that person’s intentions and attitudes toward them
- Separate the people from the problem - 2. every negotiator has two kinds of interests: in the substance and in the relationship - positional bargaining puts relationship and substance in conflict
Positional bargaining deals with a negotiator’s interest both in substance and in a good relationship by trading ond off against the other
- Separate the people from the problem - 3. disentangle the relationship from the substance; deal directly with the people problem - name the three basic categories
The various people problems all fall into one of the following three categories: perception, emotion, communication
- Separate the people from the problem - 4. perception - what are the 8 rules of engagement?
- Their thinking is what counts
- Put yourself in their shoes
- Don’t deduce their intentions from your fears
- Don’t blame them for your problem
- Discuss each others perceptions
- Look for opportunities to act inconsistently with their perceptions
- Give them a stake in the outcome by making sure they participate in the problem
- Face-saving: make your proposals consistent with their values
- Separate the people from the problem - 4. perception - rule 1: their thinking is what counts
Conflict lies not in objective reality, but in people’s heads - their thinking is the problem - fears, even if ill-founded are real fears and need to be dealt with - hope, even if unrealistic, may cause a war - facts, even if established, may do nothing to solve the problem - it is ultimately the reality as each side sees it that constitutes the problem in negotiation and opens the way to a solution
- Separate the people from the problem - 4. perception - rule 2: put yourself in their shoes
People tend to see what the want to see, they focus on facts that confirm their prior perceptions and disregard or misinterpret those that call their perceptions into question. The ability to see the situation as the other side sees it, is one of the most important skills a negotiator can possess. If you understand empathetically the power of their point of view and feel the emotional force with which they believe in it, you may be able to reduce the area of conflict
- Separate the people from the problem - 4. perception - rule 3: don’t deduce their intentions from your fears
It seems the ‘safe’ thing to do to assume that whatever you fear, the other side intends to do. The cost is that fresh ideas in the direction of agreement are spurned and subtle changes of position are ignored or rejected
- Separate the people from the problem - 4. perception - rule 4: don’t blame them for your problem
Blaming is usually counterproductive - it firmly entangles the people with the problem. Distinguish the symptoms from the person with whom you are talking
- Separate the people from the problem - 4. perception - rule 5: discuss each others perceptions
Communicating loudly and convincingly things you are willing to say that they would like to hear can be one of the best investments a negotiator can make. By taking time to work out the practical arrangements of that what you are willing to offer, you make your offer far more credible and far more attractive to the other side
- Separate the people from the problem - 4. perception - rule 6: look for opportunities to act inconsistently with their perceptions
See if you can surprise, by instead of acting as an enemy, acting as a partner
- Separate the people from the problem - 4. perception - rule 7: make sure they participate in the process, by giving them a stake in the outcome
Even if the terms of an agreement seems favourable, the other side may reject them simply out of a suspicion born of their exclusion from the drafting process. Agreement becomes much easier if both parties feel ownership of the ideas. The whole process of negotiation becomes stronger as each side puts their imprimatur bit by bit on a developing solution. Apart from the substantive merits, the feeling of participation in the process is perhaps the single most important factor in determining whether a negotiator accepts a proposal
- Separate the people from the problem - 4. perception - rule 8: make your proposals consistent with their values (face-saving)
Face-saving reflects people’s needs to reconcile tge stand taken in a negotiation or an agreement with their existing principles and with their past words and deeds. If the substance can be phrased or conceptualized differently so that it seems a fair outcome, it becomes more acceptable - terms negotiated between a major city and its Hispanic community on access to municipal jobs were unacceptable to the mayor, until the agreement was withdrawn and the mayor was allowed to announce the same terms as his own decision, carrying out a campaign promise
- Separate the people from the problem - 5. emotion - what are the 7 rules of engagement?
- First recognize and understand emotions, theirs and yours
- Pay attention to “core concerns”
- Consider the role of identity
- Make emotions explicit and acknowledge them as legitimate
- Allow the other side to let off steam
- Don’t react to emotional outbursts
- Use symbolic gestures
- Separate the people from the problem - 5. emotion - rule 1: first recognize and understand emotions, theirs and yours
The parties may be more ready for battle than for cooperatively working out a solution to a common problem. It may be useful to write down what you feel, do the same for them. Negotiators who represent their organizations have issues on which they are particulary sensitive and other on which they are particulary proud. Why are you angry, why are they angry? What is at stake?
- Separate the people from the problem - 5. emotion - rule 2: pay attention to “core concerns” - what are the 5 core interests that drive many emotions in negotiations?
- Autonomy - the desire to make your own choices, control your fate
- Appreciation - the desire to be recognized and valued
- Affiliation - the desire to belong as an accepted member of some peer group
- Role - the desire to have a meaningful purpose
- Status - the desire to feel fairly seen and acknowledged
- Separate the people from the problem - 5. emotion - rule 3: consider the role of identity
A perceived threat to one’s self-image or self-respect is a driver of negative emotion. Human beings apply their general tendency toward either-or thinking to their self-perception. Is someone’s sense of identity at stake during the negotiation?
- Separate the people from the problem - 5. emotion - rule 4: make emotions explicit and acknowledge them as legitimate
Making feelings on both sides an explicit focus of discussion underscores the seriousness of the problem and makes the negotiation less reactive and more ‘pro-active’. Freed from the burden of unexpressed emotions, people will become more likely to work on the problem
- Separate the people from the problem - 5. emotion - rule 5: allow rhe other side to let off steam
People obtain psychological release through the process of recounting their grievances to an attentive audience. Letting of steam makes it easier to talk rationally later. A negotiator may be given a freer hand by her constituency after making an angry speech
- Separate the people from the problem - 5. emotion - rule 6: don’t react to emotional outbursts
Consider the rule that only one person can get angry at a time
- Separate the people from the problem - 5. emotion - rule 7: use symbolic gestures
A red rose, a note of sympathy, a statement of regret, a small present for a grandchild, shaking hands, embracing, eating together, an apology - I am not wrong but I did something clumsy
- Separate the people from the problem - 6. communication - what are the three big problems in communication
- Negotiators may not be willing to talk to one another
- The sides are not hearing what the other side is saying
- Genuine misunderstanding due to language
- Separate the people from the problem - 6. communication - what can be done about the three big problems in communication? - listen actively and acknowledge what is being said
Listening enables you to understand their perceptions, feel their emotions and hear what they are trying to say. Understanding is not agreeing. One can at the same time understand perfectly and disagree completely with what the other side is saying
- Separate the people from the problem - 6. communication - what can be done about the three big problems in communication? - speak to be understood
Talk, don’t debate, don’t persuade, be like two judges trying to reach agreement on how to decide a case
- Separate the people from the problem - 6. communication - what can be done about the three big problems in communication? - speak about yourself, not about them
A statement about how you feel is difficult to challenge. You convey the same information without provoking a defensive reaction that will prevent them from taking it in
- Separate the people from the problem - 6. communication - what can be done about the three big problems in communication? - speak for a purpose
Know what you want to communicate and know what purpose this information will serve
- Separate the people from the problem - 6. prevention works best - what helps to structure the negotiation game in a way that disentangles the substantive problem from the relationship and protect people’s ego’s? - build a working relationship
The more quickly you can turn a stranger into someone you know, the easier a negotiation is likely to become. Get to know them and find out about their likes and dislikes. Arrive early to chat before the negotiation is scheduled to start and linger after it ends
- Separate the people from the problem - 6. prevention works best - what helps to structure the negotiation game in a way that disentangles the substantive problem from the relationship and protect people’s ego’s? - face the problem, not the people
Think of parties as hardheaded, side-by-side search for a fair agreement advantageous to each. They may have different interests and perceptions, and have an emotional involvement, but jointly face a common task. Deal with the people as human beings and with the problem on its merits
- Focus on interests, not positions - 1. reconcile interests, not positions - why is the difference between positions and interests crucial? - interests define the problem
The basic problem in a negotiation lies not in conflicting positions, but in the conflict between each side’s needs, desires, concerns and fears. Your position is something you have decided upon, your interests are what caused you to so decide
- Focus on interests, not positions - 1. reconcile interests, not positions - why is the difference between positions and interests crucial? - behind opposed positions lie shared and compatible interests, as well as conflicting ones
We tend to assume that because the other side’s positions are opposed to ours, their interests must also be opposed. Agreement is often made possible precisely because interests differ
- Focus on interests, not positions - 2. how do you identify interests, given that the interests underlying positions may well be unexpressed, intangible and perhaps inconsistent? - ask ‘Why?
Figuring out their interests will be at least as important as figuring out yours - put yourself in their shoes and ask yourself “Why do they take this position?” for an understanding of the needs, hopes, fears or desires that it serves
- Focus on interests, not positions - 2. how do you identify interests, given that the interests underlying positions may well be unexpressed, intangible and perhaps inconsistent? - ask ‘Why not?
Identify the basic decision that those on the other side probably see you asking them for, and ask yourself why they have not made that decision - what interests stand in the way? Analyse the consequences of agreeing vs. refusing to make the decision you are asking for
- Focus on interests, not positions - 2. how do you identify interests, given that the interests underlying positions may well be unexpressed, intangible and perhaps inconsistent? - realise that each side has multiple interests
Do not assume that each person on the other side has the same interests. All negotiators have a constituency to whose interests they are sensitive. Try to understand the variety of somewhat differing interests that they need to take into account
- Focus on interests, not positions - 2. how do you identify interests, given that the interests underlying positions may well be unexpressed, intangible and perhaps inconsistent? - the most powerful interests are basic human needs
If you can take care of basic human needs, you increase the chance of reaching and keeping agreement:
- security
- economic well-being
- a sense of belonging
- recognition
- control over one’s life
- Focus on interests, not positions - 2. how do you identify interests, given that the interests underlying positions may well be unexpressed, intangible and perhaps inconsistent? - make a list
Write the various interests down as they occur to you and place them in their estimated order of importance. This may stimulate ideas for how to meet them
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - make your interests come alive
- Be specific, give concrete details
- Try to establish the legitimacy of your concerns
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - acknowledge their interests as part of the problem
In addition to demonstrating that you have understood their interests, it helps to acknowledge that their interests are part of the overall problem you are trying to solve
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - put the problem before your answer
Give you interests and reasoning first, and your conclusions or proposal later
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - look forward, not back
When looking back, neither party is seeking agreement or is even trying to influence the other. They identify a cause, not a purpose. They are not acting in their longterm interest
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - the question ‘Why?’ has two quite different meanings
You will satisfy your interests better if you talk about where you would like to go rather than about where you have come from
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - be concrete but flexible
How can you move from identifying interests to developing specific options and still remain flexible with regard to those options? Treat each option you formulate as simply illustrative > illustrative specificity
- Focus on interests, not positions - 3. talking about interests - if you want to serve your interests, you will have to communicate them - how do you discuss interests constructively? - be hard on the problem, soft on the people
It is usually advisable to be hard in talking about your interests, but separate the people from the problem. A rule of thumb is to give positive support to the human beings on the other side equal in strength to the vigor with which you emphasize the problem. The other side will dissociate herself from the problem in order to join you in doing something about it. Meanwhile you remain open to the other side’s point of view
- Invent options for mutual gain
- Invent options for mutual gain - 1. diagnosis - which four major obstacles inhibit the inventing of an abundance of options?
- Premature judgement
- Search for the single answer
- The assumption of a fixed pie
- Thinking that ‘solving their problem is their problem’
- Invent options for mutual gain - 1. diagnosis - 1. premature judgement
Judgement hinders imagination
- Invent options for mutual gain - 1. diagnosis - 2. searching for the single answer
If the first impediment to creative thinking is premature criticism, the second is premature closing
- Invent options for mutual gain - 1. diagnosis - 3. the assumption of a fixed pie
Each side sees the situation as essentially either/or. Either I get what is in dispute or you do
- Invent options for mutual gain - 1. diagnosis - 4. thinking that ‘solving their problem is their problem’
For you as a negotiator to reach an agreement that meets your own self-interest, you need to develop a solution that also appeals to the self-interest of the other
- Invent options for mutual gain - 2. prescription - what steps facilitate the invention of creative options?
- Separate the act of inventing options from the act of judging them
- Broaden the options on the table rather than look for a single answer
- Search for mutual gain
- Invent ways of making their decisions easy
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding
As a negotiator, you will of necessity do much inventing by yourself. Separate the process of thinking up possible decisions from the process of selecting among them, separate the creative act from the critical one. Judgement hinders imagination. Consider the desirability of arranging an inventing ot brainstorm session with a few colleagues or friends
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - 1. Brainstorm: define your purpose
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - 2. choose a few participants
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - 3. change the environment
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - 4. design an informal atmosphere
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - what to do before brainstorming? - 5. choose a facilitator
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - what to do during brainstorming?
- Seat the participants side by side facing the problem -
- Clarify the ground rules, including the no-criticism rule -
- Brainstorm -
- Record the ideas in full view -
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - what to do after brainstorming?
- Star the most promising ideas -
- Invent improvements for promising ideas -
- Set up a time to evaluate ideas and decide -
- Invent options for mutual gain - 2. prescription - 1. separate inventing from deciding - consider brainstorming with the other side
- Invent options for mutual gain - 2. prescription - 2. broaden your options
- Invent options for mutual gain - 2. prescription - 2. broaden your options - multiply options by shuttling between the specific and the general: The Circle Chart
- Invent options for mutual gain - 2. prescription - 2. broaden your options - look through the eyes of different experts
- Invent options for mutual gain - 2. prescription - 2. broaden your options - invent agreements of different strengths
- Invent options for mutual gain - 2. prescription - 2. broaden your options - change the scope of a proposed agreement
- Invent options for mutual gain - 2. prescription - 3. look for mutual gain
- Invent options for mutual gain - 2. prescription - 3. look for mutual gain - identify shared interests
- Invent options for mutual gain - 2. prescription - 3. look for mutual gain - dovetail differing interests
- Any difference in interests? -
- Different beliefs -
- Different values placed on time? -
- Different forecasts? -
- Differences in aversion to risk? -
- Invent options for mutual gain - 2. prescription - 3. look for mutual gain - ask for their preferences
- Invent options for mutual gain - 2. prescription - 4. make their decision easy
- Invent options for mutual gain - 2. prescription - 4. make their decision easy - whose shoes?
- Invent options for mutual gain - 2. prescription - 4. make their decision easy - what decision?
- Invent options for mutual gain - 2. prescription - 4. make their decision easy - making threats is not enough
- Insist on using objective criteria
- Insist on using objective criteria - 1. deciding on the basis of will is costly
- Insist on using objective criteria - 2. the case for using objective criteria
- Insist on using objective criteria - 2. the case for using objective criteria - principled negotiation produces wise agreements amicably and efficiently
- Insist on using objective criteria - 3. developing objective criteria
- Insist on using objective criteria - 3. developing objective criteria - fair standards
- Insist on using objective criteria - 3. developing objective criteria - fair procedures