YES, BUT ... Getting To Yes Presentation Chapter 6 & 7

What if they are more powerful ?

You have to meet 2 objectives : Protect yourself against making an agreement you should reject Making the most of your assets

First objective : Protect yourself from an agreement you should not accept Establish a bottom line = worst acceptable outcome ? PROS CONS Easier to resist to pressure and temptations to close the deal Unflexible = whatever the other side will say, you will not change your mind No Imagination for a more advantageous solution Biaised = set the bottom line to high The good alternative is the BATNA = Best Alternative To Non Agreement

Second objective : Making the most of your assets = Develop your BATNA 1) Invent a list of action if no agreement 2) Improve the better ideas and converting them into practical alternatives 3) Select the best option /!\ Don’t see all the alternatives as a sum and don’t be too optimistic /!\ Consider the other side’s BATNA and hide/expose your BATNA

INTERNATIONAL NEGOTIATIONS & STRATEGY What if they won’t play? INTERNATIONAL NEGOTIATIONS & STRATEGY PRESENTED BY: Claude Pascal Koster

Counterparty lacks Principled Negotiation Problem: Counterparty lacks Principled Negotiation Positional Bargaining Separate the People from the Problem Focus on Interests, not Positions Personally Offending “Threatening Counterparty” -recap principled negotiation -counterparty not following the rules of principled negotiation  Simply said, a positional bargaining counterparty Insist on Using Objective Criteria Invent Options for Mutual Gain “Profit Maximizer” Emotional & Irrational Argumentation

01 02 03 Focus on the Merits! Start to play a new Game Potential Solutions Focus on the Merits! Start to play a new Game What can YOU do? “Tabula Rasa” & Restart with principled negotiation Negotiation Jujitsu Focus on what THEY may do & redirect THEIR attention to the Merits What YOU can do // previous weeks, we had this. WORKING LIKE A LADDER: next step What they may do. direct THEIR ATTENTION to the merits 01 02 03 How can a Mediator / an independent third party efficiently impact a negotiation? Include a Third Party

01 Start to Play a New Game Principled Negotiation Potential Solutions Start to Play a New Game 01 If principled bargaining does not help, increase a step on the latter Principled Negotiation Separate the People from the Problem Invent Options for Mutual Gain Focus on Interests, not Positions Insist on Using Objective Criteria Unchanged Situation ?

02 Negotiation Jujitsu Do not push back, but take a sidestep! Potential Solutions Negotiation Jujitsu 02 Do not push back, but take a sidestep! Do not reject or defend the arguments and try to escape the vicious circle No positional bargain / do not defend yourself / attack back when attacked personally  reduce arousal Usual attack on three steps: asserting positions forcefully / attacking your ideas / attacking you 2. ASSUME every position & argument is a genuine attempt to adress basic concerns E.G. Kids at school and teacher 3. let them share their opinion on the topic & treat it as potential OPTION 4. 1 Use questions instead of Statements, RESISTANCE vs. Generating ANSWERS (no position to attack) 4. 2 counterparty feels impelled to break silence with answer & new offer Do not attack their position, look behind it Do not confirm or neglect positions, but treat it as a potential option and strive for higher common goals (e.g. Fairness, General Welfare..) Foster to include the other’s advice & understand their underlying interest  Create Mutual Empathy Don’t defend your ideas, but invite criticism and advice Ask questions and pause. - Use Questions instead of Statements - Use silence as your Weapon Unchanged Situation ?

03 One-Text Procedure One-Text Procedure Include a Third Party Potential Solutions One-Text Procedure 03 Include a Third Party A Mediator can separate the People from the Problem 3rd party: right questions, reasoning behind / same rationale as in positional bargaining ONE TEXT PROCEDURE -abandon positions, sit together and jointly critizise draft -repeat until final draft (successful way in various negotiations: husband/wife/ architect // law of sea negotiation, singapore diplomat // 1978 Carter (israel, egypt) One-Text Procedure = Generation of Drafts Mechanical technique limiting number of decision & reducing Uncertainty Asks about Interests instead of Positions Tries to learn out of received Information List of Interests Let the others criticize his Draft The Third Party Wisdom

YES, BUT ... … do you have questions?