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Getting to Yes

abbreviated
notesFisher and
UryChapter 1:
Dont bargain
over
positionsMost
people negotiate
by staking out

extreme positions
in the beginning
and
then negotiatingto
wards a middle
ground
compromise
(positional
bargaining). This

is bad for several


reasons:-If
explicit demands
are made in
the beginning,
both sides become
personally
committed to
their positions

and will defend


them with
unnecessary
and counterprodu
ctive force. Egos
becomeintertwine
d with issues, and
people start
feeling the

need to save
face.-Large
amounts of time
can be wasted
during the process
of haggling
towards a middle
ground.-Such
negotiating styles

can make enemies


of people if one
side feels it has
lost at the expense
of the other
party.There are
soft and hard
styles of
negotiation. Some

people try to
escape the
problems
of positional
negotiation by
adopting a soft
style, which leads
them to make
more

concessions.Such
does not
necessarily lead to
quality deals.This
book details a
new way manner
of negotiation:
principled
negotiation or

negotiation
on themerits. It
has several
components:Disentangle the
negotiators from
the problems they
are negotiating
over so people

dont fight
to protect their
egos.-Focus on
interests and not
positions. The
positions are
merely a means
to realize
broader interests.-

Take a lot of time


to generate
mutually
beneficial
agreements, and
be creative in the
process.-Insist on
using some fair,
objective criteria

for judging
potential
agreements.Divid
e the negotiating
process into three
phases:-AnalysisPlanningDiscussion (only
now do the parties

speak face-toface)It is
important that
both sides fully
understand the
others goals,
feelings and
frustrations
beforethey even

begin speaking to
each
other.Chapter 2:
Separate the
people from the
problemRemembe
r that all
negotiators are
human and can

become offended,
tired, vengeful,
tied to
their positions
thanks to ego, and
might confuse
their own
perceptions of the
world with

objectivereality.In
most cases,
negotiators have
an interest
in preserving
personal relations
with each
other because
they will often

repeatedly deal
with each other.
This also greatly
speeds and
improvesfuture
negotiations.Peop
les perceptions
are very important
and cant

be dismissed
because they
dont fully
concordwith all
the objective
facts. Often,
different people
will focus
on different

factors and will


usethose to define
the situation
each will have
half the picture.
You must
understand what
the twosides
think.Realize that

your own
perceptions
and fears color
your impressions
of the other sides
actionsand
motives.
Make sure both
sides are

involved in the
negotiations at
every stage so
they will know
what iscoming in
the deal (both
good and bad)
and so they will
feel as if they are

making
the decisionfor
themselves and
not being dictated
to.Find ways to
construct the
agreement so as
to save face for all
involved

parties.Have both
sides discuss their
emotions and
their causes
beforehand.Peopl
e gain
psychological
release from
recounting their

grievances and
complaints. As
anegotiator, you
can vent these
feelings in
private, which
will calm
your side
somewhat for

thenegotiations.S
mall symbols and
tokens of
goodwill (a kiss, a
rose, a written
apology, etc) can
carry
adisproportionate
amount of

significance, so
use them.Most
people dont
listen well and
cant repeat what
someone else has
just said to them.
It is alsofrequent
to have

misunderstanding
s between people,
especially when
they are from
differentcultures
with different
values and
languages.It helps
to frequently stop

the other side


and ask: To be
clear, are you
trying to sayIt
helps to create a
smaller subgroup
of chief
negotiators from
both sides to meet

in private. A lotof
progress can be
made through
such groups.It
helps enormously
for negotiators to
become friends or
to at least offer
some gift or

friendlygesture to
the other side
before talks
begin. This will
produce goodwill
and a feeling
of reciprocal
obligation.Chapte
r 3: Focus on

interests, not
positionsPeoples
positions during
negotiations are
meant to
achieve certain
interests they
hold,
but positions and

interests are not


the same. Figure
out what both
sides interests
are, and find
newways to
satisfy them with
new positions that
please both

parties.To
understand
the other sides
positions, put
yourself in their
shoes and keep
asking Why?
andWhy not?
Construct a chart

that shows what


they stand to lose
or gain.
Remember
thatimportant
factors are-What
other people
(including peers
and constituents)

will think of them


if they pursue a
certain positionWhether a given
negotiated
outcome will set a
precedent-Shortand long-term
consequencesDuri

ng negotiations,
realize that one
sides demands
might merely be
meant to meet
their basicneeds
(security, food,
self-esteem, etc)
and they might

not be trying to
screw over the
other side, or that
goal might at
least just be
ancillary.Realize
that each side will
have multiple
goals and

interests.Write
down
both sides interes
ts as you
learn them.Make
sure all sides are
aware of
the interests of all
others.Commit

yourself to your
interests and do
not sacrifice them
for anything. Do
not get
personalduring
negotiations, and
be willing
to change

positions, but
never sacrifice
your
interests.Chapter
4: Invent options
for mutual
gainMost
negotiations seem
at first to revolve

around zero-sum
issues where both
parties cant
walk away happy
at the same time
one must
win and the other
lose.There are
usually four

obstacles to
coming up with
mutually
beneficial
solutions to
problems:
-Premature
judgmentAssumption that

there is a single
possible solution
to the problemAssumption that
the negotiation is
zero-sum, and
there is no way to
be compensated
for apparent

losses one is
focused upon
in the negotiationView that its the
responsibility of
the other side to
solve their
own problemsCo
ming up with

creative solutions
to problems:-Do a
brainstorming
sessions with
some skilled
people in an
informal
environment.
Have afacilitator

to keep things on
track.-Do not
judge the viability
of the proposals
during the session
just focus on
generating ideas.Seat everyone
facing a

blackboard to
psychologically
reinforce the idea
of solving a
problemtogether
and not
confronting
each other.Strictly abide by

the no criticism
rule. (That is done
after the options
have been
created)Afterward,
identify the best
options and come
up with ways to

improve upon
them.[Might
knowledge of past
negotiations and
how they were
resolved be
valuable as
well?]-Consider
having the two

sides brainstorm
together, with
each taking turns
to offer ideas.-Use
the shown Circle
ChartAlways
hope for the best,
but be prepared
for making

second-best,
stopgap deals in
lieu of a finaldeal
that pleases
everyone.Look
for common
ground and
common interests
between parties,

and focus on
ways to
satisfythose. Such
a strategy might
lead to
creative and
mutually
beneficial
solutions to the

problem.Come up
with ways the
opposing side
could justify an
unpopular
deal.Chapter 5:
Insist on using
objective
criteriaReach

agreements based
on principles and
agree to principles
beforehand. For
instance,
agreewith a seller
of an item to
whatever the
market price is

instead of
haggling, or agree
to conformto legal
standards.[These
are still open to
interpretation.]Do
not give in
to pressure or
threats from the

other side: insist


on using the fair
criteria.Continuall
y ask the other
side what type of
objective standard
they are using and
what their calculat
ions were to

arrive at their
offer. Through
this tactic, you
can expose poor
logic andattempts
to take advantage
of you, which will
serve your
interests.Chapter

6: What if they
are more
powerful?
(Develop you
BATNAbest
alternative to
anegotiated
agreement)When
negotiations drag

out, parties often


become desperate
just to end them
and take
whatever deal
they can, which
often produces
bad
agreements.Peopl

e often try to
protect
themselves from
falling into such
a trap by setting
minimumrequire
ments for a deal,
like a bottom line
price for

something theyre
trying to sell
through bidding.
This, however,
reduces
bargaining
flexibility and
often causes the
side to reject

lowballoffers
outright without
creatively looking
for ways to make
the agreement
worth it to them
inother
ways.Before
entering into

negotiations, ask
yourself what
your best
option/course
of action will be
if negotiations fail
and you are stuck
in the
predicament you

currently find
yourself in (i.e.
If you