Getting to Yes: Analytical Table of Contents

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I took two negotiation classes in college, and they were both my favorite of the dozens that I took while at Stanford. While two classes do not make me an expert in negotiation, I have used the lessons I learned in them, as well as from my short life, many times. I've even helped friends get through tough talks by passing on my collective knowledge. One of the best tools, my favorite book from ES250: Negotiation was Getting to Yes.

I read every word and scrupiously took notes in the margins when I needed them the most. It's a quick read. I'm a slow reader and I finished it in a couple of days. If you don't have time to read it, I HIGHLY suggest looking over the Analytical Table of Contents, reproduced below.

Adapted from: Getting to Yes: Negotiating Agreement Without Giving In – Roger Fisher & William Ury

Analytical Table of Contents

I. The Problem

1. Don't Bargain Over Positions

Arguing over positions produces unwise agreements 4

Arguing over positions is inefficient 5

Arguing over positions endangers an ongoing relationship 6

When there are many parties, positional bargaining is even worse 7

Being nice is no answer 7

There is an alternative 9

II. The Method

2. Separate the People from the Problem

Negotiators are people first 18

Every negotiator has two kinds of interests: in the substance and in the relationship 19

The relationship tends to become entangled with the problem 20

Positional bargaining puts relationship and substance in conflict 20

Separate the relationship from the substance; deal directly with the people problem 21

Perception 22

Put yourself in their shoes 23

Don't deduce their intentions from your fears 25

Don't blame them for your problem 25

Discuss each other's perceptions 26

Look for opportunities to act inconsistently with their perceptions 26

Give them a stake in the outcome by making sure they participate in the process 27

Face-saving: Make your proposals consistent with their values 28

Emotion 29

First recognize and understand emotions, theirs and yours 29

Make emotions explicit and acknowledge themas legitimate 30

Allow the other side to let off steam 31

Don't react to emotional outbursts 31

Use symbolic gestures 32

Communication 32

Listen actively and acknowledge what is being said 34

Speak to be understood 35

Speak about yourself, not about them 36

Speak for a purpose 36

Prevention works best 36

Build a working relationship 37

Face the problem, not the people 37

3. Focus on Interests, Not Positions

For a wise solution reconcile interests, not positions 40

Interests define the problem 40

Behind opposed positions lie shared and compatible interests, as well as conflicting ones 42

How do you identify interests? 44

Ask "Why?" 44

Ask "Why not?" Think about their choice 44

Realize that each side has multiple interests 47

The most powerful interests are basic human needs 48

Make a list 50

Talking about interests 50

Make your interests come alive 50

Acknowledge their interests as part of the problem 51

Put the problem before your answer 51

Look forward, not back 52

Be concrete but flexible 53

Be hard on the problem, soft on the people 54

4. Invent Options for Mutual Gain

Diagnosis 57

Premature judgment 57

Searching for the single answer 58

The assumption of a fixed pie 59

Thinking that "solving their problem is their problem" 59

Prescription 60

Separate inventing from deciding 60

Before brainstorming 61

During brainstorming 61

After brainstorming 62

Consider brainstorming with the other side 63

Broaden your options 65

Multiply options by shuttling between the specific and the general: The Circle Chart 66

Look through the eyes of different experts 69

Invent agreements of different strengths 69

Change the scope of a proposed agreement 70

Look for mutual gain 70

Identify shared interests 71

Dovetail differing interests 73

Any difference in interests? 74

Different beliefs? 74

Different values placed on time? 75

Different forecasts? 75

Differences in aversion to risk? 75

Ask for their preferences 75

Make their decision easy 76

Whose shoes? 76

What decision? 77

Making threats is not enough 79

5. Insist on Using Objective Criteria

Deciding on the basis of will is costly 81

The case for using objective criteria 82

Principled negotiation produces wise agreements amicably and efficiently 83

Developing objective criteria 85

Fair standards 85

Fair procedures 86

Negotiating with objective criteria 88

Frame each issue as a joint search for objective criteria 88

Ask "What's your theory?" 88

Agree first on principles 88

Reason and be open to reason 89

Never yield to pressure 90

"It's company policy" 92