School of Law and Governance

College of Law

Getting to Yes

Submitted to:
Dean Joan Largo

Submitted by:
Rochelle Ann P. Reyes
EH 402
 This paper is a summary of the book entitled “Getting to Yes”
by Roger Fisher, William Ury, and Bruce Patton. This book deals with
negotiation, ways or strategies to negotiate, problems which may
arise in using the ways of bargaining and other principles related to
negotiation. Negotiation can be use when there are differences
between parties whether in a contract, dispute between family
members or in an organization and the likes.

In Chapter One, the author discussed the importance of

negotiation because the parties in dispute will have their own
position on a certain matter and will definitely argue for their
position or point. Negotiation takes place for the parties to reach a
compromise. Compromising or even negotiating with each other will
be difficult when there are a lot of persons involved. The bigger the
parties involved in the dispute, the harder for them to compromise or
even negotiate their positions to each other. There are also instances
when negotiators bargain and the more they are determined to clarify
and defend their position the more it is difficult for the parties to
reconcile or compromise because the parties’ attention will be more
on the positions rather than in meeting the concerns or interests of
the parties. It can also lead to less satisfactory agreement between the
parties. Bargaining or arguing your point delays the parties to
compromise and can also affects the parties’ relationship. People tend
to use a more gentle style of negotiation called soft positional
bargaining so that they will not affect the relationship however this
type of positional bargaining favors the hard positional bargaining
and the soft positional bargaining party will probably will lose.

There are two levels of negotiation these are: first, when it

addresses the substance and second, when it focuses on the
procedure to deal with the substance. When a person cannot decide
whether to use the soft or hard positional bargaining, there is another
method that can be use. This method is called “Principled negotiation
or negotiation on the merits” which is “designed to produce wise
outcomes efficiently and amicably” (pg.10, Getting to Yes). In this
method, there are four points that can be use as method of
negotiation and these are: People, Interests, Options, and Criteria. In
the first point, people are emotional beings and must attack the
problem and not each other. In the second point, the focus must be
the interest and not the positions of the parties for them to reach a
compromise agreement. In the third point, thinking of variety of
possible solutions or giving the party choices before arriving into a
decision. As for the fourth point, parties cannot impose to each other
things that they are willing or not willing to do. In this method, there
are three stages in a period and these are: Analysis, Planning, and
Discussion. The analysis stage is about the identification of interests
of the parties, and gathering of information. The planning stage is
when ideas are being created and deciding what to do. The
discussion stage is about the understanding the interests of each
parties. In each of these stages, they will still use the four elements.
The methods that can be use are the soft and hard positional
bargaining or the principled negotiation.

In Chapter Two, it discusses the method to be use in

negotiation. It further elaborated the four elements. First, in
separating the people from the problem, there are instances people
tend to deal with the problems personally. In a positive note, the
negotiation goes on smoothly and efficiently when the parties built
trust, understanding, respect and friendship. People must deal with
each other with sensitively so that they will not hurt each other’s ego
or feelings for them to reach an agreement. Relationship of the parties
can be affected and it is likely to become entangle with the problem.
Statement of the problem can become a personal attack to the other
party and that it when the ego/s of the other party gets hurt. In
dealing with problem, people should “separate the relationship from
the substance” for people should deal with the problem not the
people. Perception can affect your view in a problem. A party must
understand the each others’ perception by letting them discuss it in a
manner not blaming each other so that they can agree on what are
their issues or problems by asking the other party of their advice and
proposal. Parties should not let their emotions be a hindrance in
finding a solution to their problem. Emotions must be acknowledge
by the parties but should not hinder or interfere the parties from
talking or reconciling. Emotions can get in the way in negotiation, let
it cool down and the other party must control their emotions by not
responding to the other party’s emotional outburst. Parties must
communicate to negotiate and must listen to understand the other
party. Talk when it is time to talk but listen when it is time to listen
for the parties to compromise. Each party will take turns in talking
and also listening.

Second, it focuses on the interests of the parties rather than the

positions. Interest is different from position for the former is the
cause of the decision while the latter is something a party decides
upon. Interest is unexpressed and inconsistent as compared to a
position which is concrete and explicit. Also, reconciling interest
works better than compromising positions. Know that each party has
variety of interests. Figuring out the interest helps in the chances of
reaching an agreement such as the basic human needs.
Acknowledging the interests and understanding them too can help
the parties in achieving a compromise.

Third is when the negotiator invents option for the mutual

gain. However, there are barriers such as: premature judgment,
searching for the single answer, the assumption of a fixed pie, and
thinking that “solving their problem is their problem. The “Circle
Chart” can help in inventing options. Step One is to identify the
problem. Step Two is the analysis of the problem. Step Three is the
time for the possible strategies that may be done. Lastly, Step Four is
for the specific steps to deal with the problem. A problem is the result
of disagreement, while disagreements came from the parties’
differences.

Last is insisting on the using objective criteria. In this approach,

the parties tend to reach a solution or an agreement which is based
on principle. The approach can produce a fair agreement between the
parties because of fair standards, procedures, being open to reasons,
and never yielding to pressure.

In the third chapter, it discusses that there are agreement that

parties should accept and should reject and “BATNA” or Best
Alternative To A Negotiated Agreement. BATNA is a standard
which protects parties from accepting unfavorable agreements. There
are instances that parties will fail to reach an agreement. BATNA not
only can be use when the parties fail to reach an agreement but also
to compare with the proposal to see if which of the them best reflect
the parties interests. Other party’s BATNA should also be consider in
formulating a fair solution to a conflict or dispute which should be
efficient. Another topic is the “Negotiation jujitsu” in this approach
instead of attacking their position a party should explore the
interests, invents options for mutual gain since it will lead to a never
ending cycle of attack and defense and a waste of time. If this
approach will not work, then the next approach will include third
party which is skilled in focusing to the discussion on interests,
options, and criteria. There are also instances that parties uses tricky
bargaining to win which one must be prepared to deal with. There
are three categories of tricky tactics and these are: deliberate
deception, psychological warfare, and positional pressure tactics.

The last chapter is the Conclusion, which sums up the contents

if the book plus some questions people ask about getting to yes, and
dealing with people. This book is about winning, winning in
achieving a better process of dealing with parties’ differences. It is
about figuring out the better way to negotiate. In negotiation, parties
must know the importance of interest and understanding the interest
of each party could really help the parties to reach an agreement that
is not just favorable to one party but fair for the both of them. The
power of the BATNA and the power of commitment in enhancing the
negotiation powers of a party. Also, the offer made by a party must
be concrete. Again, commitment is really important not only to what
a party will do but also to what a party will not do. Telling the other
party an offer of what you will do, what you will not do, and what
you want the other party to do. For the parties to reach an agreement,
they must say “YES”. As a negotiator, one must believe in himself.
Believe in what you say and do.