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Unformatted text preview: Negotiation Negotiation
Part 1 Fisher, Ury & Patton, 1991 (2nd Ed.) Getting to Yes from What is Negotiation? Why do we do it? When do we do it? How do we do it? With whom? “Diplomacy is the art of letting someone else have your way.” Positional Bargaining Positional “The most common form of negotiation . . . depends on taking and then successively giving up a sequence of positions” (Fisher et al., 1991, p. 4). How do we Select a Position? How It reflects the outcome we want At each turn the parties draw closer or grow more entrenched. Positional Bargaining . . . Positional Wastes time and energy with a sequence of many small decisions Promotes stalling Invests bargainers in saving face and maintaining strict consistency Produces “unwise agreements” “Unwise”? Doesn’t satisfy the parties’ real interests Leaves value (money, results) on the table Leaves parties’ relationship damaged Leads to future breach or fights Negotiating on the Merits Negotiating Basic Framework:
1. Separate the People from the problem Focus on Interests not positions Generate Options first, then decisions Criteria: Agree on objective standards for reaching and carrying out an agreement 1. 1. 1. The People Problem The Emotional, Psychological, Behavioral and Relational (“History”) Fundamental Attribution Error Unrelated to the substantive issues to be negotiated Mask the parties’ interests & cloud identifying the substance BUT cannot be ignored Putting them in Perspective Putting Explicitly acknowledge them Agree that they are not what’s being negotiated Construct a working relationship for purposes of the negotiation Substantive Issues Substantive The questions an agreement needs to answer
• • • • How much? When? Criteria for performance of the agreement Etc. Criteria for Reaching Agreement Criteria Agree on what the substantive issues are. Agree on what the relevant facts are. Agree on time constraints. Surfacing Interests Surfacing Recognize that “People Interests” motivate evaluations of substantive interests Foreground substantive interests Identify mutual interests Making a bigger pie: avoiding the zerosum game Case Study: Case Selling the Family Farm Multiple owners Sentiment Preexisting people problems Surfacing Interests Surfacing Substantive Interests
• • • Financial pressure Aging owners Tax concerns What do they need to accomplish? What’s a wise agreement look like? Generating Criteria: Generating a Bridge to creating options Assess the interests • • • • • Who needs cash? Who wants to stay involved? Involved in what ways? Is the farm a viable business? Is it a home? Limitations and opportunities in the market Evaluate and Prioritize Generate Options That: Generate Maximize the Upsides, Minimize the Downsides, Make a Bigger Pie Sell to a third party? Interowner sale? Divide the property? Cash or seller financed? Create a new structure? ...
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- Spring '08