"Separate the people from the problem." Members of the Harvard Negotiation Project, Fisher and Ury focused on the psychology of negotiation in their method, "principled negotiation," finding acceptable solutions by determining which needs are fixed and which are flexible for negotiators. "Focus on interests, not positions." "Invent options for mutual gain." "Insist on using objective criteria." "Know your BATNA (Best Alternative To Negotiated Agreement)"

1. Memorandum
To:
Future Employer
CC:
Econ490
From:
Justin Fenwick
Date:
12/18/2013
Re:
Getting to YES; Negotiating Agreement Without Giving In
Getting to YES!
“Yes,” is an answer you can get to while still achieving mutually acceptable agreements.
negotiation is the reaching of agreement through discussion and compromise.
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In the position of a negotiator, lack of information and ideas are your worst enemy. The terms on
which your agreement might be made should be dependent on the fullest deck of cards you can think
of. Use aspects of time, capital, and other non-monetary resources to your advantage.
Maximize utility (mutually successful negotiation) between the two of you by recognizing basic
human needs: economic well-being, a sense of belonging, recognition, and control over one’s life.
You will be most successful if you are able to fill their shoes and during negotiation help them fill
yours. Asking “Why?” and “Why not?” can be good general aids in gathering this type of
information.
Separate position from principle. Allow many different options and to shine so the parties involved
work more side-by-side then against each other. The encouragement of criticism is one more step
into a pile of information. The goal being to eventually separate the people from the problem.
Decide in detail on a best alternative to a negotiated agreement (BATNA).
Prepare, in the same way, everything for each side you will be negotiating with. As useful as
looking for objective reality can be, it is ultimately the reality as each side sees it that constitutes the
problem in negotiation and opens the way to a solution.
Know yourself, them, and the options
Take the time to create as much non-official space as is possible before and during the negotiation.
Communication with the other group(s) is encouraged if appropriate.
Create a BATNA in an effort to avoid creating a bottom line. As much time spent on preparing
options should be put into preparing your best alternative. Have all the details available so you can
(1) decide if it is appropriate to disclose and (2) know a far from perfect agreement, close to but still
better than your BATNA, to use as a trigger line.
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2. December 18, 2013
You are dealing with humans and principals of the negotiation. Take both into account. Such
skills as active listening, avoiding attacks, cognitive dissonance, and not yielding to outside and
unrelated pressure will greatly encourage arguing over human issues. Fair settings are important,
consider a third party to mediate.
Mid-negotiation, remember that the time put into preparing for the negotiation will exhibit itself in
the ease of the negotiation, so do not rush into it if at all possible. Showing concern for their interests
can help decipher a situation. It is as easy as restating them and tackling them as if they were your
own. If you expect anything, they can’t be privy to it unless you tell them and vise versa. Refuse to
react in powerful situations.
Pauses and breaks are necessary
In the heat of a negotiation taking a pause or break can be advantageous and help prevent impulse
reactions. You will have prepared to the best of your ability but if something new comes up quickly
apply your preparation tactics by taking a break to do so.
Obstacles to keep in mind
Although these goal seems straight forward, appropriately preparing and reaching an agreement could
very well be inhibited by your or someone else’s own obstacles. Don’t let these get in the way of a
successful agreement.
Premature judgment can inhibit creative thinking and imagination. It is the immediate pressures,
doubts, and reservations.
Searching for a single answer is caused by premature criticism, censorship, and closure.
Fixed figures focus only on one fixed amount that can be exchanged back and forth. Win or lose.
Assuming their problem is only their problem can and will influence your thought in situations
where positions are clear in sight or mind. A blind-side of any argument.
Fix your situation
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Separate inventing from deciding in a brainstorming session which could be a meeting or
just revisions of a document online. All ideas are saved and later sorted through into the
best options or categories. The key ground rule is to postpone all criticism and evaluation.
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Broaden options by addressing the problem, analysis, approaches, and ideas for action in
succession. This will give you an objective and personal look at what is wrong and
eventually a solution hopefully by tying in things like past precedents and results.
•
Look for mutual gain in identifying interests underlying a position. Define shared interests
and differing interests. They might not interfere and dovetailing could be possible.
RESOURCE: NEGOTIATION
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RESOURCE: NEGOTIATION

3. December 18, 2013
•
Make their decision easy by knowing their side as well as yours will give you the power to
create options you are happy with. They now feel like they have the power of picking the
option themselves.
“Successful negotiation requires being both firm and open”
Sincerely,
Justin Fenwick
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