Chapter 1

Topics: Negotiation, Roger Fisher, Dispute resolution Pages: 9 (2468 words) Published: February 12, 2013
BA 322 Study Guide for Getting to Yes (GTY)
“Introduction” and Chapter 1 Don’t Bargain Over Positions Getting to Yes (Negotiating Agreement without Giving In)
by Roger Fisher and William Ury

1. About GTY
1a. Getting to Yes is based on the work of the Harvard Negotiation Project, a group that deals continually with all levels of negotiation and conflict resolution from domestic to business to international.

1b. About the authors
Roger Fisher teaches negotiation at the Harvard Law School and is director of the Harvard Negotiation Project. William Ury taught negotiation at the Harvard Business School and was co-founder of the Harvard Negotiation Project.

1c. Praise for Getting to Yes
More than two million copies in print in eighteen languages.

“Getting to Yes is a highly readable and practical primer on the fundamentals of negotiation. All of us ... need to improve our skills in conflict resolution and agreement making. This concise volume is the best place to begin.” John T. Dunlop

“Getting to Yes has an unrivaled place in the literature on dispute resolution. No other book in the field comes close to its impact.” National Institute for Dispute Resolution Forum

“The authors have packed a lot of commonsense and good advice into a concise, clearly written little book.” Business Week

2. Introduction to Getting to Yes (pages xvii to xix)
2a. “Negotiation is a fact of life.” Examples where negotiations occur are
- negotiations between employers and unions over wages, working conditions, etc.
- negotiations between lawyers trying for out-of-court settlement of lawsuit - negotiations between seller and potential buyer on price of a house
- negotiations between nations on rules governing international trade “Whether in business, government, or the family, people reach most decisions through negotiation. Even when they go to court, they almost always negotiate a settlement before trial.”

2b. “It is not easy to negotiate well.” The two standard strategies for negotiation, soft or hard, both have major drawbacks. The soft negotiator, wants to avoid personal conflict, typically makes too many concessions, and often ends up feeling exploited and bitter. The hard negotiator, who sees negotiation as a battle of power and whose goal is victory over an opponent, often provokes the other side to an equally hard response, leading to gridlock, exhaustion and hard feelings on both sides. “Other standard negotiating strategies fall between hard and soft, but each involves an attempted trade-off between getting what you want and getting along with people.”

2c. Getting to Yes advocates a third approach (developed at the Harvard Negotiation Project) principled negotiation, in which the goal is to decide issues on their merits. Principled negotiation looks for mutual gains whenever possible, and where interests conflict insists that the result be based on fair standards. “Principled negotiation shows you how to obtain what you are entitled to and still be decent. It enables you to be fair while protecting you against those who would take advantage of your fairness.”

2dGetting to Yes explains the method of principled negotiation, which it claims can be used in any and all types of negotiation, by “United States diplomats in arms control talks with the Soviet Union, by Wall Street lawyers representing Fortune 500 companies in antitrust cases, and by couples in deciding everything from where to go for vacation to how to divide their property if they get divorced. Anyone can use this method.”

Note. From this point on, the Study Guides will refer to Getting to Yes as GTY.

Part I The Problem
Chapter 1 Don’t Bargain Over Positions
3. Contrast: Positional Bargaining and Principled Negotiations 3a. Most negotiating strategies involve positional bargaining. “Each side takes a position, argues for it, and makes concessions to reach a compromise.” The long example in GTY involves a customer and a...
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