Getting to Yes Negotiaion Exercise

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Andrew W. Darlington
Student ID 112635
Mountain State University
School of Graduate Studies

GCJA 504 Transforming Organizational Cultures

Spring 2011 Semester
Submitted in Partial Fulfillment
Getting to Yes Without Giving In
Negotiation Exercise

For Program Requirements


Master of Criminal Justice Administration (M.C.J.A.)

Andrew W. Darlington
March 24, 2011
Negotiations occur in our everyday lives, both in our professional and personal experiences. We must learn to master the art of negotiation not only to get the things we want, but to assist us in dealing with people and separating the person from the problem. One suggested way to do this in the text “Getting to Yes: Negotiating Agreement Without Giving In”, is to change the game. In my field of criminal justice, negotiating can be a common occurrence. In the specific field of probation, this can occur in a judicial setting or even with probationers. Although as a probation officer you have the final word as to what a probationer must do, it is much like being a leader or supervisor of an organization. You have those who are under you that you must compel to stay within the boundaries and complete their given responsibilities. Sometimes this lies in communication and getting them to come to the realization of not just what they must do, but why it is important and what the consequences are for failing to perform adequately. The area that I chose to perform a negotiation exercise in was in the formal setting in the judicial sector of a Circuit Court case. In these types of settings, you have the presiding judge, a prosecution representative of the state, the charged defendant and his legal representative, and a law enforcement or probation officer who represents the charges against the defendant being presented before the court. Prior to the attendance of the case, I read the book “Getting to Yes: Negotiating Agreement Without Giving In”. I grasped the concept of several key factors that must be present for a successful negotiation. The first of these is to understand the strategic theory of negotiation. It is defined as the “process of communicating back and forth for the purpose of reaching a joint decision” (Fisher, Ury, & Patton, 1991). Of course in this type of judicial setting, the only person on the other side of the table is the defendant and his legal counsel. The judge in this aspect would be viewed as an arbitrator who listens to both sides and makes a final decision. In the text, this would be considered “face saving” where the judge makes a fair decision consistent with principal, law, and precedent. This avoids the concept of winning and losing in negotiation and helps one side avoid the feeling or appearance of backing down (Fisher, Ury, & Patton, 1991). The case I conducted the negotiation exercise in involved a case before Judge Burnside with a twenty-three year old male that we will call “David”. David was facing two counts of petit larceny, two counts of daytime burglary, and three counts of nighttime burglary. In Getting to Yes (1991) the authors break the basics into three stages. The first stage is analysis. In this I had to diagnose the situation, gather information about the case and consider any problems or other positions that may arise in the hearing. The second stage is planning. During this I reviewed my objectives to ensure they were realistic and what was the most important. The third stage is discussion. This of course is the act of negotiation in the communication phase. In this you must understand that each side has a difference of perception of what is fair (Fisher, Ury, & Patton, 1991). When you go into a hearing for any case you understand that when there are numerous charges, there is going to be some type of plea bargaining to move the case along. I did not enter the negotiation with extraordinary or unreal expectations outside of this paradigm. Although I am very familiar with...
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