AYA AMIRA HADDAD

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I THE PROBLEM ……. ………………………………………………………………p.3

1.DON'T BARGAIN OVER POSITIONS ...........................................................p.3

II THE METHOD ...........................................................p.4

2. SEPARATE THE PEOPLE FROM THE PROBLEM .................................p.4

3 FOCUS ON INTERESTS, NOT POSITIONS........................................p.4

4 INVENT OPTIONS FOR MUTUAL GAIN........................................................................p.5

5. INSIST ON USING OBJECTIVE CRITERIA ........................................................p.5

III YES, BUT... .........................................................................................p.5

6. WHAT IF THEY ARE MORE POWERFUL?

..............................................................................................................p.6

7. WHAT IF THEY WON'T

PLAY?..............................................................................................................................p.6

8. WHAT IF THEY USE DIRTY

TRICKS?..........................................................................................................p.6

CONCLUSION……………………………………………………………8
I THE PROBLEM

1.DON'T BARGAIN OVER POSITIONS

This chapter sheds light on the problems associated with positional bargaining, where parties
take rigid positions and make concessions to reach a compromise. It illustrates this through
scenarios such as bargaining over the price of a brass dish, showing how positional
negotiation can lead to unwise agreements, inefficiency, and strained relationships.

Positional bargaining often results in agreements that fail to address the underlying interests
of both parties, as negotiators become entrenched in their positions and are reluctant to change
them. This rigidity can hinder negotiations, as seen in the failure of talks between the Soviet
Union and the United States over nuclear testing.

Furthermore, positional bargaining is inefficient, prolonging negotiations and increasing the

time and effort required to reach agreements. It also risks compromising relationships by
turning negotiations into a battle of wills.

The challenges of positional bargaining are exacerbated in negotiations involving multiple

parties, where forming coalitions and seeking consensus become even more difficult.

In contrast, the book proposes principled negotiation as an alternative approach, emphasizing

the separation of people from the problem, focusing on interests rather than positions, and
generating various options before deciding on a course of action. This method aims to
produce wise outcomes efficiently and amicably, addressing the shortcomings of positional
bargaining.
II THE METHOD

2. SEPARATE THE PEOPLE FROM THE PROBLEM..

The book section highlights five key principles for conducting effective negotiations. Firstly,
it is crucial to separate the people from the problem to defuse tensions and misunderstandings.
Secondly, rather than clinging to rigid positions, it is advisable to focus on the underlying
interests of the parties involved, thereby paving the way for mutually beneficial solutions.
Additionally, inventing creative options based on objective criteria fosters the search for win-
win outcomes. Finally, constructive management of emotions plays a vital role in maintaining
an environment conducive to conflict resolution and strengthening interpersonal relationships.
By following these principles, negotiators can effectively navigate through challenges and
obstacles to achieve agreements satisfactory to all parties involved.

3 FOCUS ON INTERESTS, NOT POSITIONS

The book highlights the importance of focusing on interests rather than positions in
negotiations. It illustrates this through the anecdote of two men quarreling in a library over an
open or closed window. Instead of clinging to their respective positions, the librarian finds a
solution by addressing each person’s underlying interests: fresh air and avoiding drafts. This
distinction between positions and interests is crucial, as interests define the real problem. For
example, in the peace negotiations between Egypt and Israel, resolution was made possible by
identifying and reconciling their fundamental interests of security and sovereignty. Identifying
interests involves asking questions like “Why?” and “Why not?” to understand the needs,
hopes, fears, and desires at play. Additionally, each party often has multiple interests, and
recognizing these mutual interests can facilitate finding creative and mutually beneficial
solutions. Finally, negotiating hard for one’s interests doesn’t mean being closed to the other
party’s perspective; rather, it’s essential to strike a balance between asserting one’s interests
and being open to the other party’s ideas and alternative solutions.

4. INVENT OPTIONS FOR MUTUAL GAIN

Negotiation’s effectiveness relies on four fundamental steps in inventing options. Firstly, it’s
crucial to examine the problem from various angles by putting oneself in the shoes of diverse
experts to generate multiple options. Secondly, creating agreements of different strengths
increases the likelihood of finding common ground. Altering the scope of proposed
agreements by fractionating the problem or expanding their applicability can make the
agreement more appealing. Lastly, seeking mutual gains by identifying shared interests and
aiming for solutions beneficial to both parties, focusing on cooperation rather than a fixed-pie
mentality. By following these steps, negotiators can maximize their chances of reaching
agreements satisfying to all involved parties.

5. INSIST ON USING OBJECTIVE CRITERIA

Using objective criteria in negotiation is essential for reaching fair and efficient agreements.
Conflicting interests are common, and relying solely on willpower or positional bargaining
often leads to costly and contentious outcomes. Instead, negotiators should focus on
identifying and applying objective standards, such as market value, scientific judgment, or
professional standards, to resolve disputes. Negotiating with objective criteria involves
framing each issue as a joint search for fairness, being open to reason, and never yielding to
pressure. By adhering to principled negotiation principles, negotiators can protect
relationships, increase efficiency, and achieve mutually satisfactory outcomes. This approach
was exemplified in the Law of the Sea Conference, where the use of an objective economic
model helped resolve a deadlock and reach a mutually beneficial agreement. Developing
objective criteria and fair procedures, as well as engaging in reasoned discussions, are key
steps in principled negotiation. Ultimately, principled negotiation fosters fairness, efficiency,
and enduring agreements, making it a superior approach to positional bargaining.

III YES, BUT

6. What If They Are More Powerful?

This part discusses the importance of developing a BATNA (Best Alternative to a Negotiated
Agreement) when negotiating, especially when the other party seems more powerful. It
highlights that negotiations should aim to protect against accepting unfavorable agreements
and to maximize the assets one has. Developing a BATNA involves considering alternatives if
no agreement is reached, improving those alternatives, and selecting the best option. A strong
BATNA enhances negotiating power and allows for negotiation on the merits rather than
being swayed by the other party's apparent power. It's crucial to understand and disclose one's
BATNA while considering the other party's alternatives to achieve the best outcome in
negotiations.
7. WHAT IF THEY WON'T PLAY?

This part it focused on negotiation strategies when the other party refuses to engage in
principled negotiation. It introduces negotiation jujitsu, which involves redirecting attacks on
positions towards focusing on interests and options. This method encourages deflection of
attacks on ideas and personal attacks, inviting criticism instead. The one-text procedure is also
explained as a way to simplify negotiations by focusing on interests rather than positions. The
example of a landlord-tenant negotiation illustrates these principles in practice. The
negotiation is conducted with openness to persuasion, support for the other party, and a focus
on fairness and principle, despite initial resistance from the landlord.

8. WHAT IF THEY USE DIRTY TRICKS?

Turnbull's approach throughout the negotiation focuses on fundamental principles rather than
personal emotions or individual trust. Rather than directly questioning trust in Mrs. Jones,
Turnbull reframes the discussion around the principle of fairness regarding the amount paid.
His communication is open and constructive, seeking to understand Mrs. Jones's viewpoint by
restating her arguments to ensure their correct understanding. By expressing his willingness to
circle back to her after consulting with his roommate, Turnbull demonstrates his commitment
to finding a fair solution and his respect for the negotiation process.

Turnbull's proposals are presented as equitable options worthy of consideration together,

rather than as non-negotiable demands. He integrates Mrs. Jones's interests into the final
agreement, allowing her to save face and feel satisfied with the solution. By ending the
negotiation on a conciliatory note and expressing gratitude to Mrs. Jones, Turnbull
strengthens the relationship and avoids future resentment. In summary, an approach focused
on principles, open communication, and the pursuit of equitable and cooperative solutions
leads to a mutually satisfactory agreement while preserving the relationship between the
parties.
CONCLUSION

In conclusion, the book emphasizes three key points. Firstly, it acknowledges that much of the
content might already be familiar to readers at some level, aiming instead to organize
common sense and experiences into a practical framework for effective negotiation. Secondly,
it emphasizes the importance of learning from practice, highlighting that while the book can
guide individuals in a promising direction, skill in negotiation ultimately comes from personal
effort and experience. Lastly, the book addresses the concept of "winning" in negotiation,
stressing the importance of achieving substantive outcomes while also maintaining positive
relationships and a fair process. It argues that principled negotiation, focusing on interests,
options, and objective criteria, offers a more effective and sustainable approach to negotiation,
likely to yield better results over time while preserving relationships. The book concludes by
posing ten questions commonly asked about negotiation, addressing issues such as fairness,
dealing with people, practical strategies, and the role of power. Through these questions, it
provides further insights into the principles and practices outlined in the book, aiming to equip
readers with a deeper understanding of effective negotiation strategies.