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

2. What if they are more powerful ?

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

4. 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

5. 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

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

7. 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

8. 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

9. 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 ?

10. 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 ?

11. 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

12. YES, BUT ...
… do you have questions?