The Conflict Expert

Getting to Yes: Negotiating Agreement Without Giving In by Roger Fisher, William Ury, and Bruce Patton is a classic book on negotiation that introduces the principled negotiation method, developed at the Harvard Negotiation Project. The book provides a framework for reaching mutually beneficial agreements without resorting to hard bargaining or giving in to pressure.

I read this book several times during my studies of negotiation techniques and loved it for its straight forward, accessible language that breaks down the basic principles of good negotiating. It’s a leading text on the subject and anybody interested in it, should be reading this!

Key Principles of Principled Negotiation

1. Separate the People from the Problem
   • Focus on the issue, not personal emotions or relationships.
   • Recognize different perspectives and address emotions constructively.
2. Focus on Interests, Not Positions
   • Identify underlying needs and concerns rather than sticking to rigid demands.
   • Look for common ground to build solutions that satisfy both sides.
3. Invent Options for Mutual Gain
   • Brainstorm multiple solutions before deciding on an agreement.
   • Expand the pie rather than fighting over limited resources.
4. Insist on Using Objective Criteria
   • Base decisions on fair, independent standards (e.g., market value, legal precedents).
   • Avoid power struggles by appealing to reason and facts.
5. Know Your BATNA (Best Alternative to a Negotiated Agreement)
   • Understand your backup plan if negotiations fail.
   • The stronger your BATNA, the better your bargaining position.

In short, the book is about finding mutually beneficial solutions by being creative, openly communicating with your counterpart to identify interests and needs. This requires preparation and an understanding of what information is required, should be retained and should be disclosed. These are basic and fundamental principles of any negotiation.

However, it’s never as simple as the authors make out. Negotiations can be complex and require several stages, and they may involve many stakeholders with conflicting interests and needs. The assumption of the book is that parties are on an equal footing but power does feature in any relationship and influences conflict. What is also obvious is that everyone should know what they will do if talks fail and for many commercial parties, that means litigation. This isn’t a secret in most cases as lawyers will threaten this prior to talks or to induce talks. So, it’s not really in your back pocket and you probably don’t feel very secure about incurring costs. In some cases, you may not have any alternative.

Finally, the book misses out what I see as a crucial element of conflict resolution. Understanding and responding to the emotions of the parties in the negotiation. In an important discussion involving personal and professional reputation, millions of dollars, stress, future losses, and relationships, it’s absolutely normal that parties might be angry ! They may or may not express it but it’s a good idea to be alert to this as it could mean the difference between success or failure.

In short, this is an excellent reference book for any negotiator and a great starting point for further reading.