University of San Carlos

School of Law and Governance

College of Law
P. del Rosario St., Cebu City

Book Summary on:

Getting to Yes:
Negotiating an Agreement Without Giving in

Submitted to:
Dean Joan Largo
Alternative Dispute Resolution Professor

Submitted by:
Dungog, Helen Camille G.
EH Room 405

January 15, 2016

One of the constant struggles in life is dealing and interacting with other
people. More often than not people have contradicting theories and principles.
We all know that disputes and controversies relating to conflicts inevitable in
life. However the real concern on this matter is not the continuous and
unending conflicts among human being but rather the resolution of the same.
We never notice it but humans undergo negotiations in their daily life. It is not
recognizable because the ones we face day to day are just common and
sometimes so minor that we tend to overlook it and mind more important
matters. Now theres this book entitled Getting to Yes: Negotiating an
Agreement Without Giving in that somehow best discusses the process of
negotiating in a way that is healthy and not harmful to both parties. The book
discusses the different suggested processes of coming up to an agreement in
the process of negotiation that need not result and arrive to violence and high
tempered reactions. Instead of negotiating based on power and positions
using compromises, it details how both sides can gain a better deal from
negotiating through principled agreement; basing negotiations on
understanding each others interests, looking for mutual wins, using objective
criteria and comparing any deal to your best alternative if you dont negotiate.

First of all the book is about the fact of negotiation. It emphasizes that conflict
is a growth industry. And along with it is the demand of resolving these
conflicts wherein the pathway to such may depend on the different cases
people are situated in. With this, negotiations are much required in order to
wind-up or possibly avoid the struggles arising from conflict. Everyone wants
to participate in decisions that affect them; fewer and fewer people will accept
decisions dictated by someone else. People differ, and they use negotiation to
handle their differences. 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. Although negotiation
takes place every day, it is not easy to do well.

In this classic text, Fisher and Ury describe their four principles for effective
negotiation. Principled negotiation provides a better way of reaching good
agreements. Their process of principled negotiation can be used effectively on
almost any type of dispute. Their four principles, which are also methods, are
1) separate the people from the problem; 2) focus on interests rather than
positions; 3) generate a variety of options before settling on an agreement;
and 4) insist that the agreement be based on objective criteria.

The separate the people from the people step basically says that negotiators are
people and it is innate in humans to be emotional. Every negotiator has two
kinds of interest and these are substance and relationship. Every negotiator
wants to reach an agreement that satisfies his substantive interests. That is
why one negotiates. Beyond that, a negotiator also has an interest in his
relationship with the other side. However, the presence of both sometimes
would result to a hard time in resolving a conflict. Relationships get entangled
with the problem and people draw from comments on substance unfounded
inferences which they then treat as facts about that person's intentions and
attitudes toward them.

In this step it is important to separate relationship from substance and deal

directly with the people problem. In order to do so parties must base the
relationship on accurate perceptions, clear communication, appropriate
emotions, and a forward-looking, purposive outlook. Deal with people
problems directly; don't try to solve them with substantive concessions. Also,
they must deal with psychological problems using psychological techniques
and also be aware of his and others people problems by always trying to put a
hold on ones emotions.

In order to divulge and figure things out in the midst of the jungle of people
problems, it is useful to think in terms of three basic categories: perception,
emotion, and communication. The various people problems all fall into one of
these three baskets.

Perception is more than just understanding the thinking of the other side.
There is always a difference in both parties thinking and principle that
creates the gap resulting to a conflict. Accordingly, in order to resolve the
same, one must put himself in the shoes of the other and try to think of the
possible ideas, values and principles that the other party aspires in order to
possibly meet them. Following this is the process of discussing each others
perceptions. Every party must explicitly make it even if it may seem to block
the path to a desired agreement. As long as you do this in a frank, honest
manner without either side blaming the other for the problem as each sees it,
such a discussion may provide the understanding they need to take what you
say seriously, and vice versa. Perhaps the best way to change their
perceptions is to send them a message different from what they expect and
this is where the next step comes in: Look for opportunities to act
inconsistently with their perceptions. It is a strategy of persuading them
which must be accompanied by giving out a little taste of what are possible
outcomes to the negotiation if the have an active participation. Lastly, make
your proposals consistent with their values. This is a grave misunderstanding
of the role and importance of face-saving. Face-saving reflects a person's need
to reconcile the stand he takes in a negotiation or an agreement with his
principles and with his past words and deeds.

Next is emotion, which initiates that in negotiations, feelings may be more

important than talking. In this principle it is important to recognize and
understand your emotions as well as that of the others. Make emotions
explicit and acknowledge them as legitimate, one that is proactive and not
reactive. In addition, allow the other side to let off steam. Often, one effective
way to deal with people's anger, frustration, and other negative emotions is to
help them release those feelings. People obtain psychological release through
the simple process of recounting their grievances. Do not react to outburst. It
is very important to be always on hold and to compose ones self in dealing
with their temper. Be patient and considerate with a mind that is already
prepared to handle calmly possible provocations. And lastly, use symbolic
gestures.

Communication plays if not the most important, a very vital role in the process
of negotiation. Remember to always listen actively and acknowledge what has
or is being said by the other party. Speak in a sense that you can be
understood. Speak as an equal to the other with matters about yourself and
not about them. Also speak for a purpose because it is very significant to know
the reason why you are speaking in the first place. If possible, build a working
relationship and get to know the other person personally.

Next step is the focus on interest and not positions. For parties to come up with
a wise solution, reconcile interests and not positions. Interests define
problems because the basic problem is not the position but the needs, wants,
fears, and alike. Interests motivate people while positions are decided on. In
the book it was discussed that negotiators fail to realize that behind opposed
positions lie shared and compatible interests as well as contrasting ones
because they cannot set aside their positions and face interests beforehand. In
relation to communication, in order to know the interest of the other party it
is important to ask the questions why and why not taking into consideration
that there are various and multiple interests of both parties but the most
important ones should be attended with high regards, which are the human
basic needs. Lastly it is also equally important to stay firm and concrete on
your interests but as much as possible try to be flexible and consider the other
persons interests.

Invent options for mutual gain. In this method, creative options can make the
difference between deadlock and agreement. In order to do so, one must
broaden options by laying down specifics from the general ones. Think of
problems you dislike and diagnose on what could possibly be the causes of
these. Know what is ought to be done and come up with specific and
actionable suggestions to resolve. The book also suggests for negotiators to
look through the eyes of different experts, invest agreements of different
strength and change scope of proposed agreement. Looking for a mutual gain
is a must that is why focusing on interest is very prominent because there are
always shared interests and negotiators must make use of them. Make the
other partys decision easy and dont make threats. In this way parties may
provide for options and thus reach with a highest possibility of agreement.

Lastly, insist on using objective criteria. Typically, negotiators try to resolve

such conflicts by positional bargaining in other words, by talking about
what they are willing and unwilling to accept. Deciding on basis of will is
costly that is why it is more practical to use objective criteria. To produce an
outcome independent of will, you can use either fair standards for the
substantive question or fair procedures for resolving the conflicting interests.
Principled negotiations produce wise agreements amicably and efficiently,
less relationship threat and quicker solutions. The more you bring standards
of fairness, efficiency, or scientific merit to bear on your particular problem,
the more likely you are to produce a final package that is wise and fair. The
more you and the other side refer to precedent and community practice, the
greater your chance of benefiting from past experience. Whatever method of
negotiation you use, you will do better if you prepare in advance. This
certainly holds true of principled negotiation. So develop some alternative
standards beforehand and think through their application to your case.

Now from here, negotiators can start on arriving at their desired goals. One
must know that getting to yes must be a process where both parties doesnt
give in to the other. Both interests must be equally and fairly obtained
however it doesnt mean that their optimum goals are attained but those ones
that are fair for them. However learn to protect yourself. Getting yes is the aim
but remember not to be too accommodating. Another thing to consider is that
the opponent may say yes nonetheless with reservations.

In conclusion, under the book, there are three points laid down: You knew it
all the time, Learn from doing and Winning. All these three are like light bulbs
lighting up after you have read the book. Know that these principles discussed
are not new to you, you have, one way or another, known these and what the
book did is just to organize them and put them in a manner that is less
complicated and more effective. Know that these are not just theories but
must be applied in order to determine it yourself that they are indeed relevant
and useful. And finally, it is the desire of the authors for negotiators and even
those that are just observers to be aware that winning the conflict is not an
appropriate concept. What is actually to be won in negotiation is on how to
achieve a better process for dealing with your differences.