Getting to Yes
Getting to Yes negotiating an agreement without giving in (Third Edition - 2011)
Rodger Fisher & William Ury (and for the revised editions Bruce Patton)
Introduction
“The challenge is not to eliminate conflict but to transform it. It is to change the way we deal with our differences – from destructive, adversarial battling to hard-headed side, side by side problem-solving.”[1]
The statement above is in a nutshell what the book sets out to do, challenge the reader to learn a skillset that resolves problems, from agreeing a child’s bedtime to freeing hostages in Iran, the theoretical tools can apply to all situations where there is a dispute, debate or problem that needs to be resolved by one or more parties.
What Works Well
The book is set out in sections that are in the order for which parties would focus on in a negotiation. The parties first focus on the people, then the positions, then present options to be agreed and finally of the parties need to test the objectivity of the options.
Fisher & Ury take these four areas and provide the method of how to effectively negotiate in a simple four step process:
1. separate the people from the problem,
2. focus on interests (not positions),
3. invent multiple options that focus on mutual gain, and
4. have objective criteria to test what you are proposing.
The first section on separating the people from the problem identifies key ‘human’ issues such as emotion and perception.
The second section deals with positional bargaining, and this is one of the major themes of the book. In all conflicts people have a position. Fisher & Ury start by giving the best advice – don’t bargain over positions. They explain why this is fruitless. In essence you end up with a dumb result, you spent way to long getting there and you invariably damage the ongoing relationship.
“Your position is something you have decided upon. Your interests are what caused you to so decide.”[2]
In the ‘Invent Options for Mutual Gain’ options there is a key idea that really hit home. Parties tend to look for a single solution when it is important to ‘search’ for mutual gains for each party.
The final step is using objective criteria and although this is logical in theory, in real life it can lead to a battle of the experts, however Fisher & Ury discuss what is really ‘objective’ criteria. Objective can be tested through asking is it truly independent, legitimate, and practical? This is a section in the book that all negotiators can use to gain a better understanding of objective criteria.
In each of the steps there are obstacles and the book outlines what they are and how to address them. If you have ever negotiated anything ever you will immediately recognise the behaviours and beliefs that are discussed.
Fisher & Ury also dedicate an entire section to “Yes, But…”, which deals with three common difficulties that arise in a negotiation. These are the power imbalance, the party that just puts up a wall and the dirty negotiator.
My favourite advice in this section was:
“If the other side has big guns, you do not want to turn a negotiation into a gunfight.” [3]
These simple but powerful reminders of how to approach a negotiation are incredibly compelling. Fisher & Ury introduce the well known BATNA tool - the Best Alternative to a Negotiated Settlement. This is not ‘any’ alternative but needs to be analysed to ensure it is the ‘best’ alternative.
For a party who simply stonewalls the negotiation the idea of the ‘one-text procedure” is introduced. With this method an independent third party creates a written solution that each party reviews and adds their feedback, it will take more than one go, but eventually (in theory) each party will reach a consensus. Having used this approach in previous roles I have seen it work well.
One of the key features of the book is the large number of sample questions that Fisher & Ury provide throughout. They do not limit the book by simply stating the theory but give the reader an example with actual questions that can be used. This is particularly so in dealing with the ‘dirty negotiator’ section.
Questioning versus making statements can make or break a negotiation and the reason is summed up as follows,
“Statements generate resistance, whereas questions generate answers.” [4] [4]
The final section is set out as a question and answer session. It covers ten questions that people ask such as, “Should I negotiate even with terrorists or someone like Hitler?”. I am not sure if these are real questions, but I would be interested to meet the person who is facing numerous ‘Hitler’ like people. The answers build on the previous themes set out in the book and to find out the answer on the Hitler question I would encourage you to read the book.
What Could be Improved
Since the book originally came out there has been significant discoveries in the how our brains operate in ‘real life’. These findings, in part defunct some of the premises for which Getting to Yes was based on, mainly to do with the idea that people are rational thinkers. The latest version includes aspect on the psychology of how people respond and behave, especially in threatening situations but I would not limit myself to this text in understanding the power of people to act irrationally.
The book refers to the Egyptian-Israeli negotiations as well as the Iran terrorist negotiations to illustrate examples of negotiation tools. Both events were in the 1970’s and possibly will be unknown to younger readers. Although the points are made through using these events there is a great deal of underlying history and complexity that is missed out. I would contend, these examples may be too far removed from day-today negotiations.
Having said that the book does use the sale & purchase of a house, a tenant and landlord disputes and also an insurance settlement as well as several other everyday events. My main issue is that some of the key concepts rely on the international events noted above.
Conclusion
The book is still the ‘go-to’ text for anyone interested in upskilling in negotiations, with each new edition there is opportunity to expand and improve on the ideas. The art of negotiation will continue to develop as we learn more about our human drivers. However, the core principles and tools covered in Getting to Yes will always be invaluable.
[1] Preface to the Third Edition, Page xi
[2] Focus on Interests, Not Positions, Page 43
[3] What if they Are More Powerful?, page107
[4] What if they Won’t Play?, page 113