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Editorial Reviews

About the Author

Roger Fisher is the Samuel Williston Professor of Law Emeritus and director emeritus of the Harvard Negotiation Project.

William Ury cofounded the Harvard Negotiation Project and is the award-winning author of several books on negotiation.

Bruce Patton is cofounder and Distinguished Fellow of the Harvard Negotiation Project and the author of Difficult Conversations, a New York Times bestseller.

Excerpt. © Reprinted by permission. All rights reserved.

 Chapter 4: Invent Options for Mutual Gain

The case of Israel and Egypt negotiating over who should keep how much of the Sinai Peninsula illustrates both a major problem in negotiation and a key opportunity.

the pie that leaves both parties satisfied. Often you are negotiating along a single dimension, such as the amount of territory, the price of a car, the length of a lease on an apartment, or the size of a commission on a sale. At other times you face what appears to be an either/or choice that is either markedly favorable to you or to the other side. In a divorce settlement, who gets the house? Who gets custody of the children? You may see the choice as one between winning and losing- and neither side will agree to lose. Even if you do win and get the car for $12,000, the lease for five years, or the house and kids, you have a sinking feeling that they will not let you forget it. Whatever the situation, your choices seem limited.

option like a demilitarized Sinai can often make the difference between deadlock and agreement. One lawyer we know attributes his success directly to his ability to invent solutions advantageous to both his client and the other side. He expands the pie before dividing it. Skill at inventing options is one of the most useful assets a negotiator can have.

Yet all too often negotiators end up like the proverbial children who quarreled over an orange. After they finally agreed to divide the orange in half, the first child took one half, ate the fruit, and threw away the peel, while the other threw away. the fruit and used the peel from the second half in baking a cake. All too often negotiators "leave money on the table" - they fail to reach agreement when they might have, or the agreement they do reach could have been better for each side. Too many negotiations end up with half an orange for each side instead of the whole fruit for one and the whole peel for the other. Why?

DIAGNOSIS

As valuable as it is to have many options, people involved in a negotiation rarely sense a need for them. In a dispute, people usually believe that they know the right answer - their view should prevail. In a contract negotiation they are equally likely to believe that their offer is reasonable and should be adopted, perhaps with some adjustment in the price. All available answers appear to lie along a straight line between their position and yours. Often the only creative thinking shown is to suggest splitting the difference.

inventing of an abundance of options: (1) premature judgment; (2) searching for the single answer; (3) the assumption of a fixed pie; and (4) thinking that "solving their problem is their problem." In order to overcome these constraints, you need to understand them.

Premature judgment

Inventing options does not come naturally. Not inventing is the normal state of affairs, even when you are outside a stressful negotiation. If you were asked to name the one person in the world most deserving of the Nobel Peace Prize, any answer you might start to propose would immediately encounter your reservations and doubts. How could you be sure that that person was the most deserving? Your mind might well go blank, or you might throw out a few answers that would reflect conventional thinking: "Well, maybe the Pope, or the President."

pounce on the drawbacks of any new idea. Judgment hinders imagination.

sense is likely to be sharper. Practical negotiation appears to call for practical thinking, not wild ideas.

on the other side. Suppose you are negotiating with your boss over your salary for the coming year. You have asked for a $4,000 raise; your boss has offered you $1,500, a figure that you have indicated is unsatisfactory. In a tense situation like this you are not likely to start inventing imaginative solutions. You may fear that if you suggest some bright half-baked idea like taking half the increase in a raise and half in additional benefits, you might look foolish. Your boss might say, "Be serious. You know better than that. It would upset company policy. I am surprised. that you even suggested it." If on the spur of the moment you invent a possible option of spreading out the raise over time, he may take it as an offer: "I'm prepared to start negotiating on that basis." Since he may take whatever you say as a commitment, you will think twice before saying anything.

piece of information that will jeopardize your bargaining position. If you should suggest, for example, that the company help finance the house you are about to buy, your boss may conclude that you intend to stay and that you will in the end accept any raise in salary he is prepared to offer.

Searching for the single answer

In most people's minds, inventing simply is not part of the negotiating process. People see their job as narrowing the gap between positions, not broadening the options available. They tend to think, "We're having a hard enough time agreeing as it is. The last thing we need is a bunch of different ideas." Since the end product of negotiation is a single decision, they fear that freefloating discussion will only delay and confuse the process.

the second is premature closure. By looking from the outset for the single best answer, you are likely to short-circuit a wiser decision-making process in which you select from a large number of possible answers.

The assumption of a fixed pie

A third explanation for why there may be so few good options on the table is that each side sees the situation as essentially either/or - either I get what is in dispute or you do. A negotiation often appears to be a "fixed-sum" game; $100 more for you on the price of a car means $100 less for me. Why bother to invent if all the options are obvious and I can satisfy you only at my own expense?

Thinking that "solving their problem Is their problem"

A final obstacle to inventing realistic options lies in each side's concern with only its own immediate interests. For a negotiator to reach an agreement that meets his own self-interest he needs to develop a solution which also appeals to the self-interest of the other. Yet emotional involvement on one side of an issue makes it difficult to achieve the detachment necessary to think up wise ways of meeting the interests of both sides: "We've got enough problems of our own; they can look after theirs." There also frequently exists a psychological reluctance to accord any legitimacy to the views of the other side; it seems disloyal to think up ways to satisfy them. Shortsighted self- concern thus leads a negotiator to develop only partisan positions, partisan arguments, and one-sided solutions....
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Product Details

  • Paperback: 240 pages
  • Publisher: Penguin Books; Upd Rev edition (May 3, 2011)
  • Language: English
  • ISBN-10: 0143118757
  • ISBN-13: 978-0143118756
  • Product Dimensions: 5.1 x 0.6 x 7.7 inches
  • Shipping Weight: 5.6 ounces (View shipping rates and policies)
  • Average Customer Review: 4.4 out of 5 stars  See all reviews (836 customer reviews)
  • Amazon Best Sellers Rank: #396 in Books (See Top 100 in Books)

Customer Reviews

Top Customer Reviews

By Lisa Shea HALL OF FAMETOP 500 REVIEWERVINE VOICE on July 2, 2012
Format: Paperback Verified Purchase
The title of Fisher and Ury's book is Getting to Yes - Negotiating Agreement without Giving In. It's a case where the title clearly lays out what the book is about. In Getting to Yes the authors present, step by step, how to find your way to a win-win solution that helps meet your goals while at the same time preserving the relationship so that future negotiations also go smoothly.

This book was the assigned textbook for a college course I took on negotiation, but it's one of those fairly rare cases where the material that's useful for a college course is also immensely useful for off-the-street people in a variety of situations. This book avoids complicated jargon and long, droning background chapters. Instead, it plunges into helpful information to assist people in negotiating for a new car, negotiating issues with their landlords, and all the many ways we all negotiate for our position throughout life.

Negotiation isn't just for union leaders trying to avert a strike. All of us negotiate each day as we try to juggle our many roles. We negotiate with our co-workers over assignments. We negotiate with our family members over chores. In an ideal world all of those discussions would go quickly, smoothly, and with as little strife as possible.

Getting to Yes provided numerous helpful examples which made their points more easy to understand. It is so true that people tend to remember stories where they might not remember dry text. When I think about this book I do remember several of the stories clearly, and those help to represent the points the authors were making. The stories help remind me to focus on the issues when negotiating and to look for objective standards to work with.

The information presented is wonderful, and immediately useful in life.
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This is the first book I ever read on negotiating, and at the time I found it extremely good. However, since then, I have read both Shell's "Bargaining for Advantage" and Cialdini's "Influence", and found those two books immensely better than Getting to Yes, for a few different reasons.
Number of stories - in Getting to Yes, the authors do not offer enough stories to burn the concepts into the reader's mind. I personally think stories are the best way to communicate something like negotiating.
Actual psychological concepts explained - Getting to Yes is a summary of findings, and it never explains why certain things work. Without a deep understanding, it is not clear when the concepts work and when they don't. Especially in Influence, you really get to understand how to persuade someone by remembering the core psych concepts.
If you are just looking for a quick intro to negotiating, this is a decent book. If you would like to actually understand people and how to influence them, this is too basic.
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The book, GETTING TO YES, by Roger Fisher and William Ury is perhaps the most important book on negotiation I have ever read. I have personally benefitted from this book simply because I am even more aware of the importance of preparation and identifying shared interests and taking advantage of them. Respect, always respect, the other person's interests. More importantly, know them well.

Highlights:
The book is on principled negotiation, which is essentially negotiation on merits. The aim is to reach a wise agreement, defined as meeting the legitimate interests of all parties to the extent possible, resolving conflicting interests fairly, and ensuring the agreement is durable and takes community interests in account.

The factors of principled negotiation include:

PEOPLE: separting people from the issues/problems.
INTERESTS: focus on them, particularly mutual interests, and not on "positions." E.g., the expression of "you are in no position to negotiation" is absolutely absurd. One, it is an assumption unless the person stating that carefully prepared. Two, it can generally only hurt the person stating that, generating hostility and conflict. A principled negotiator probes interests, raises questions. The question, then, is "what are your interests in this deal?" and "Why do you suppose that is a fair proposal?"
PLANNING: a skilled negotiator will gather, organize, and weigh all information carefully relating to a negotiation. If there is one concept I could share with you, it is "prepare."
CRITERIA: prior to reaching an agreement, the parties should agree to using objective criteria to measure an agreement; these include market value, precedent, and so forth.
OPTIONS: generate a variety of options to reach an agreement.
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The foundation of all great negotiation books, Getting to Yes gives you the real essence of mutual gains negotiation. It's a neat, concise, little paperback, and a fast read. It's so neat and concise, in fact, that you should buy multiple copies and hand them out to people you like - or to people you want to like you. I've read it a dozen or so times and I keep finding new insights. The main ideas of the book are that positional negotiation is pointless, and that our negotiations should focus on interests rather than positions. As far as I'm concerned, if that's the only thing you recall from reading this book, you'll have learned something indispensable. But, by the time you finish Getting to Yes, you'll be convinced that negotiation is a simple matter of figuring out what you really want, what the other side wants, and working out the space where those interests intersect -- despite the generalizations, deletions, and distortions the other side might use to confuse you. One of the leading fundamental constructs presented in Getting to Yes - which differs radically from my own number one tenet - is "separate the people from the problem." Getting to Yes proposes that problems exist objectively and can be analyzed on their own merits, independent of people's perceptions, attributions, and relationships. My contention is that a problem only exists to whatever extent it is perceived by the beholder. As such , there is no problem if you separate the people from it. In real life, it's impossible to disentangle people issues from discussions of "concrete substance." Regardless of the prescriptive in Getting to Yes, real problem solving negotiations require constant simultaneous attention to the problem and the people.Read more ›
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