BOOK SUMMARY IN LLB 254N:

ALTERNATIVE DISPUTE RESOLUTION

PART I: “GETTING TO YES”

BY: Willam Ury and Roger Fischer

PART II:“GETTING PAST NO”

BY: Willam Ury

Submitted by:

HOREB FELIX B. VILLA

EH 403
 Submitted to:
ATTY. JOAN S. LARGO
Professor

March 16, 2019

 PART I: BOOK SUMMARY: GETTING TO YES
Roger Fischer and William Ury

In this book about negotiation written by Fischer and Ury (the

authors) we get a glimpse of how to negotiate successfully in our day
to day lives. The book starts with laying a premise: That we are all
negotiators and that negotiation is a fact of life. That we, as human
beings with different stances, principles and beliefs must learn how to
negotiate well. The book teaches us that negotiation can be done in
many ways. There is soft negotiation where the negotiator tries to
avoid conflict with the one he/she is negotiating, hard negotiation
where the negotiator’s goal is to secure a victory for himself/herself,
and to get the better end of the bargain. Oftentimes, the authors say,
that these tactics leave at least one party dissatisfied. The book
teaches us that there is another way to negotiate. One which is both
hard and soft. The method of principled negotiation, where the focus
is on the issues and the merits of those issues and looking for mutual
gain, rather than giving only one party the benefit of gaining from the
negotiation. And although every negotiation is different, its basic
elements do not change. Each chapter in this book teaches a key
element of negotiation and suggests steps in order to successfully
achieve your goals in negotiation. They are:

People: Separate the people from the problem.

Interests: Focus on interests, not positions.
Options: Generate a variety of possibilities before deciding what to do.
Criteria: Insist that the result be based on some objective standard.

I. The Problem

The first thing the book teaches the reader (and arguably the most
important lesson in the book) is not not bargain over positions. That
such is very inefficient and may ultimately lead to the outright failure of
the negotiations. Instead, the authors suggest, the parties in the
negotiation should focus on the issues at hand and its merits, not on
the various and conflicting positions of the parties which could vary in
very many ways depending on the number of parties, their values,
cultures, and even their various interests. Thus, if the focus would be
on the parties’ various positions rather than the issue at hand, it would

1
be very impossible to negotiate and reach a mutually satisfactory
settlement.

II. The Method

In this chapter, the books lays out various methods on how to

make negotiations successful such as separating people from the
problem, focusing on interests and not positions, inventing options for
mutual gain, and using objective criteria to ensure the success of talks
and negotiations.

The first thing that the book teaches the reader in this chapter is to
separate people from the problem. The authors emphasize the often
overlooked fact that negotiators are people as well. That we also need
to look at the human aspect of negotiation as well. That human beings
are people with needs, emotions, interests and many more. This has
to be taken in consideration when entering into every negotiation. But
although that you must take the person of the one you are negotiating
with seriously, in order for positional bargaining to work, you need to
separate people from the problem. To separate the relationship from
the substance, and to deal directly with the “people” problem. One
way to do that according to the authors is to give them a stake in the
outcome. Allow them to participate in the decision making process so
that all parties will feel included and none will feel left out.

The book continues with a discussion on emotions and

communication. Although it’s important to acknowledge emotions and
to never dismiss them as irrational and illegitimate, It’s also wise if the
parties actually set aside their natural reactions and strong emotions
so as not to railroad the negotiations. And in every negotiation,
communication is always key. You must always listen and never
dismiss so that every party, every stakeholder will be heard so as to
make the conversation more inclusive. Do not also dismiss the
suggestions of others, for these can actually paint you a broader
picture of the problem and from there solutions can be made. To sum
it all up, in negotiations, always come with an open mind and listen to
others.

2
 The book also focuses on the need to reconcile interests and
concerns, not positions. It emphasizes the root problem in every
negotiation. CONFLICTING INTERESTS. That behind opposed
positions lie shared and compatible interests, as well as conflicting
ones. This part of the book teaches that there is a way to reconcile
and balance interests despite differences in opinions and beliefs.

First, you need to identify these interests, talk about them, and
suggest ways for these interests to be met, if possible. In here, it is
vital to acknowledge all of the parties’ interests as PART of the
problem. And if this is acknowledged, then the solution would include
one where all of the parties’ interests are met and satisfied.

The book continues with a discussion about the hindrances from

inventing an abundance of options such as premature judgment,
being closed to a single answer, and the like. The solution to this
according to the authors, is to INVENT your options. This can be done
in many ways: brainstorming, searching for mutual gains, broadening
your options, and many more. One can even invent agreements
based on different strengths.

The book also insists on using objective criteria. But it begs the
question: What exactly is objective criteria? It may differ in its specifics
in every negotiation, but it can really be boiled down into Fair
standards and Fair procedures. These must always be used in every
negotiation to gain gain fair result that is acceptable to all.

III. Yes But…

Developing your BATNA

In this chapter, the book talks about the many apprehensions

and fears of people who refrain from dealing with people and
entering into negotiations because of they think that nothing will
ever happen if they negotiate, or that they would be at the short
end of the stick should they decide to negotiate. This chapter also
tries to debunk all those fears and gives suggestions on how to
deal with people and circumstances in negotiation.

3
 It is in this chapter where the authors teach the reader on how
to develop your Best Alternative to a Negotiated Agreement or
BATNA for brevity. This is also termed as your walkaway
agreement. That if you do not get even the bare minimum of what
you want from the negotiation, you walk away.

First, you must know what your BATNA is, and how you may
utilize it in the deplorable situation that negotiations go nowhere.
Once you’ve already identified your BATNA, then you can begin to
develop it. Remember, the greater your BATNA, the greater your
power in a negotiation. But aside from developing your own
BATNA, you must also recognize the other parties’ BATNA and
how they may utilize it to their advantage. Having a good BATNA,
according to the authors, can help you better negotiate on the
merits. Developing one’s BATNA will not only enable you to
determine a minimally acceptable agreement, it may even raise
that minimum. Developing your BATNA is perhaps the most
effective course of action you can take in dealing with a seemingly
more powerful negotiator.

The book continues that if the other parties refuse to accede to

your requests or to even continue in resorting to positional
bargaining the books says that you can resort to a second strategy
which focuses on what they may do. This counters the basic
moves of positional bargaining in ways that direct the other parties’
attention back to the merits of the negotiation. This strategy is
fondly termed by the authors as negotiation jujitsu.
Negotiation jujitsu basically is accepting the other parties’
positions which may at times be contrary to yours. The main
principle in negotiation jujitsu is not to attack their position, but to
look behind it. That you should never reject the other parties’
positions, but make it part of the negotiation by treating it as one of
the options. That way, the other parties will feel included and in
that way, you can revert the conversation back from positional
bargaining to a discussion on the merits of the issues at hand. It is
also necessary, that in negotiation you should always keep an
open mind, accept other people’s suggestions, be open and
receptive to criticism. To sum it up, the authors advice to every
negotiator is to always keep an open mind, to listen to others, and
to be open to criticism.

4
 The book continues by suggesting phrases that every
negotiator can use in talking to other parties which are non-
offensive and are suggestive of the negotiator being a great
listener and that he/she is being inclusive. Phrases such as
"Please correct me if I'm wrong", "We appreciate what you've done
for us", "We would like to settle this on the basis not of selfish
interest and power but of principle", and other similar phrases can
really go a long way and really make a difference in the
negotiation’s success or failure.

The book further continues with a problem. What if the other

party plays dirty? What if they use deceptive moves and tactics to
throw you off your game? How do you deal with people like this?
The last chapter of the book deals with many deceptive tricks
employed by people in negotiations like resorting to threats,
personal attacks, and the like. The main advice of the books’
authors is to NOT MAKE YOURSELF A VICTIM. The best way for
you to do that according to the authors is recognize these tactics
and be prepared to fight them. Be firm in your positions, even
firmer than the other parties. According to the authors, . It is easier
to defend principle than an illegitimate tactic.

Conclusion

To conclude the book, the authors lay down three points: One, is
that you already knew how to negotiate even from the very beginning.
There are times when trying to negotiate, even the usage of common
sense, which we all have done, is the most sensible thing to do. Two,
that to be skilled at negotiation, you must learn from doing. That the
more you negotiate, the better you become at the skill of negotiation.
And lastly, the book is about how to "win". “Winning”in the sense that
you as a negotiator know how to achieve a better process for dealing
with your differences. To be better, the process must always produce
good substantive results. According to the authors, “Winning on the
merits may not be the only goal, but certainly losing is not the answer.”

Source:

5
Fisher, R., Ury, W., & Patton, B. (1991). Getting to yes: Negotiating
agreement without giving in.

6
 PART II: BOOK SUMMARY
“GETTING PAST NO”
William Ury
Overview

This book, “Getting Past No” by William Ury was first published in
1991 and in this book, the author (Ury) shows listeners how to
overcome serious obstacles in negotiation while using many real life
examples such as negotiating with an unruly teenager, a very strict
boss, and the like. This shows that negotiation, contrary to popular
beliefs, is not limited only to the movie-like hostage situations one
sees in cinemas. No. In fact, the author tells the readers in this book
that we do negotiation almost every single day of our lives, from
bargaining for lower prices, to meetings in the workplace. We just do
not notice it. This book teaches five basic steps in negotiation, or what
the author likes to call as the strategy of breakthrough negotiation, in
which he lays out a strategy of indirect action that requires one to do
the opposite of what one would naturally do in a difficult situation. He
lays out the steps as follows:

1. Go to the Balcony
2. Step to Their Side
3. Reframe
4. Build Them a Golden Bridge
5. Use Power to Educate

7
 The author however, presents a caveat when dealing with these
steps. According to him, it does not mean that if you have already
proceeded to the next step, that you have already completed the
previous step and can forgo with it entirely. In fact, the author says, in
a negotiation, you must constantly go back to the previous steps
throughout the negotiation in order to ensure its success.

Before any negotiation, PREPARE!

The author emphasizes the importance of preparation before

coming to a negotiation. He says that many negotiations are won or
lost even before the talking begins. He lays out a simple, yet
indispensable technique or habit to adopt before and after a
negotiation. Before every meeting, prepare. After every negotiation,
assess your progress, adapt your strategy, and prepare again. The
author emphasizes the need for QUALITY PREPARATION before
entering into a negotiation. You cannot just wing it the author says. He
says that people who just “wing it” miss vital opportunities for joint gain
which they would have gotten if they had prepared. He says that you
cannot afford not to prepare. Thus, emphasizing the need for quality
preparation before talking in a negotiation.
The author also emphasizes the need to map out the way to your
agreement for a “smooth” flow in your negotiations. You need to find
out each of your own Interests, Options, Standards, Alternatives, and
Proposals. He particularly gives emphasis on Best Alternative to a
Negotiated Agreement or BATNA which he terms as your walkaway
alternative if things in the negotiation do not go well. He also advises
the readers to discern whether they should even negotiate in the first
place.

Don’t React: Go to the Balcony

In this part, the author talks about how adversarial people tend to
provoke someone in negotiations, and the three natural reactions of
people when face with difficult situations. First is Striking Back, where
one is tempted to fight back at the person scoffing at you, next is
Giving In, where one just concedes to the proposals of the other party,

8
and the last is Breaking Off or the act of breaking off relations with the
other party. Next, he talks about the dangers of reacting and how
reacting can fuel a vicious cycle of action and reaction which almost
always go bad. He says the solution to that is to go to the balcony or
your mental balcony where you can take a breather and regain control
of your emotions and your rational thinking, before going back to
calmly explain your side of the negotiation.

Don’t Argue: Step to their Side

The next step, according to the author, is to recognize the other

party’s side of the story. To never invalidate the feelings of the other
because they also have legitimate interests and needs that they feel
have been unmet, and that may be the reason why both of you do not
see eye to eye. The trick to getting the other party to see your side of
the picture is to listen to them and not to dismiss them as being
irrational, and to recognize that their feelings are valid and must also
be taken seriously. In here, a listening ear is key. Maybe they just
want to vent out their anger and frustrations at you. You can also ask
questions, paraphrase their problem, so that they will really know that
you are listening to them and that you understand their predicament.

The author says that even if you agree to the other side’s position,
even if you acknowledge that their interests are just as legitimate as
yours- you do not need to concede a thing. You can agree without
ever conceding. Once you’ve listened to their side of the story and
have acknowledged their interests, you can actually get your side of
the story running. You can actually build a working relationship with
the other party and still express your views on the matter. But it is vital
that you also do not provoke the other party into closing their ears to
your proposals, to your side. And when you express your views, make
it all about you- and not about the other person so that he/she would
not feel singled out nor would they feel defensive and angry. In sum,
the best way to get the other party to listen to you is to acknowledge
their concerns, listen, and not refute, while at the same time also not
conceding your part or your stand.

Don’t Reject: Reframe

9
 The next thing you need to do after creating a favorable
atmosphere among the parties is to change the game. In order to
change the game according to the author, you need to do the opposite
of what you may be tempted to do. You need to treat your opponent
as a partner. Instead of rejecting your opponent, accept it and reframe
it as an opportunity to talk about the problem.

The author gives a concrete example of how then United States

Senator Joe Biden successfully negotiated an amendment to a treaty
between the US and the Soviet Union at the height of the Cold War
where instead of rejecting the Soviet’s position on the matter, Biden
acknowledged it, asked advice from the Soviet diplomat and reframed
the conversation as a constructive discussion about the concerns of
the United States and win ratification of the treaty.

This, according to the author, is how to win others and to make

them see your side. Reframe the conversation. Start by asking the
questions that may tend to get to the roots of the problem and try to
solve it. Start by asking “Why?” or if that would prove too difficult, as
“Why not?” You may even ask for their advice to try to make the
conversation more inclusive and to ask open ended questions to get
the other party to think the answer over.

The author acknowledges that although you may go into

negotiations with the best of intentions, you must also be aware of the
other party’s tactics so as not to be misled in the negotiation. You
must be able to detect their various tactics, deflect them, and even
expose tricks if there are any, which the author says may prove very
difficult because you would not know if the other party is employing
tricks to get what they want. They may seem well- intentioned as well,
yet they employ various tricks and deceptions to get what they want to
your detriment. As a negotiator, You must be able to recognize these
tricks and deflect them so as not to be shortchanged in the
negotiation.

Don’t Push: Build Them a Golden Bridge

10
 After all the previous steps have been successfully done, you may
be close to reaching an agreement. But there may still be some
dissatisfaction between parties. They may still be asking themselves,
“What’s in it for me?” and things can still go wrong, as they so often do.
There may still be obstacles to reaching an agreement, such as unmet
interests, the fear of losing faith, and many more. The other party may
be fearful because of the pace at which the negotiation is going, or
they may be overwhelmed by the decision they may have to make.
The challenge for you is to persuade the other side to cross a “golden
bridge” that lies between their position and the agreement you want. It
is by no means easy according to the author, because faced with the
other’s resistance, you might be tempted to fight back, or to even just
walk away. But doing so would just make it more difficult for the
parties to agree.

What you should do as a negotiator is to involve the other side.

Ask for them to build on their ideas. Involve all parties and
stakeholders in the decision making process. Only then can they feel
included and will they feel acknowledged. Satisfy their unmet interests
by giving them what they want, or if that proves difficult or impossible,
suggest a compromise. Never dismiss them as irrational nor should
you ever overlook basic human needs for recognition, affection and
praise. If negotiation proves challenging, involve a third party to make
all of you aware of someone watching you and even to give
independent suggestions which both of you may not have thought
about. It is important to guide all parties to reaching an agreement
step by step and to never rush to finishing an agreement. Because if
you do, negotiations may just reach an impasse or even worse, a
hastily done negotiation or agreement may cause the downfall of
negotiations. Thus, it is important to take time and to include all parties
and stakeholders in the negotiation.

Don’t Escalate: Use Power to Educate

The author emphasizes that if negotiations do not reach a

favorable agreement despite doing your best at reaching one, to never
resort to power play to get what you want. Instead, use the power you
have to educate them and convince them that they are wrong. Let
them know the consequences of reaching no agreement. How costly it
would be financially, emotionally, not to reach an agreement. Warn

11
them, but never threaten them. And you may also demonstrate your
BATNA to neutralize their attacks and reactions, but be careful in
testing your BATNA so as not to let the negotiations fail. It’s best to let
the other party know that they have a way out of the impasse you are
currently in. That is by using your BATNA as leverage to know that
there is a way to get what you want.

The author also emphasizes that after reaching a negotiation, the

game’s not over. You must still forge an agreement and you also have
to ensure that such agreement is lasting and is implemented well. He
says that the goal of negotiations is not victory, but mutual
satisfaction.

Conclusion

To conclude his book, the author, William Ury, says that to make
all negotiations successful, you must be able to turn your adversaries
into partners. To achieve this he says, you must resist your natural
human emotions to strike back and actually bridge your differences
and educate people when you feel like escalating. Breakthrough
negotiation is hard work, he says. Successful negotiators are patient
and persistent. Progress may be slow, but in the end, if done right,
even seemingly impossible negotiations can often yield to a mutually
satisfactory agreement.

Reference:
Ury, W. (1991). Getting Past No: Negotiating With Difficult People.
New York: Bantam Books.

12