1. Getting to Yes Negotiating Agreement Without Giving In Chapter 6 & 7
Presentation by Ida Kongsgaard and Leah Berking
18th of October 2016

2. Agenda
Chapter 6: What If They Are More Powerful? (Develop Your BATNA – Best Alternative To a Negotiated Agreement) Chapter 7: What If They Won‘t Play? (Use Negotiation Jujitsu)

3. Key Concept BATNA – Best Alternative To a Negotiated Agreement
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
Key Concept
BATNA – Best Alternative To a Negotiated Agreement

4. Why not use a bottom line?
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
Why not use a bottom line?
A bottom line: “the worst acceptable outcome”
Downsides of using a the bottom line approach
It limits your imagination
It’s almost certain to bee too rigid

5. Why do you need a BATNA? To protect yourself
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
Why do you need a BATNA?
To protect yourself
Avoid accepting turns too unfavorable
Avoid rejecting terms you ought to accept
To make the most of your assets
Convert your assets into a powerful BATNA
 The better your BATNA the greater power

6. Chapter 6: What If They Are More Powerful
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
Know your Batna
Spend time and resources to develop your BATNA beforehand
Be flexible
Consider developing a Trip Wire as a reference point
“a far from perfect agreement that is better than you BATNA”
Don’t see your alternatives in the aggregate

7. Know your opponent’s Batna
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
Know your opponent’s Batna
Gauge the strength of your BATNA in relation to your opponent’s BATNA
Don’t underestimate your opponent’s BATNA
Define the bargaining zone

8. Chapter 6: What If They Are More Powerful
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
How to develop a batna?
Invent a list of possible actions if no agreement is made
Improve some of the most promising ideas and make them into tangible alternatives
Select the best - your BATNA
Once you know your BATNA  Judge every proposed agreement against it

9. How to play with more powerful players?
Chapter 6: What If They Are More Powerful? Ida Kongsgaard & Leah Berking
How to play with more powerful players?
You want your counterpart to think you have a good BATNA, but what if you don’t?
Try to strengthen your BATNA
Try to reduce your opponent’s BATNA
Developing a BATNA is the best strategy to deal with a more powerful player

10. Agenda
Chapter 6: What If They Are More Powerful? (Develop Your BATNA – Best Alternative To a Negotiated Agreement) Chapter 7: What If They Won‘t Play? (Use Negotiation Jujitsu)

11. How to get the opponents to focus on the merits?
Chapter 7: What If They Won‘t Play? Ida Kongsgaard & Leah Berking
How to get the opponents to focus on the merits?
Three possible methods:
Principled Negotiation
Negotiation Jujitsu
One-text Procedure

12. Negotiation Jujitsu – Break the vicious circle
Chapter 7: What If They Won‘t Play? Ida Kongsgaard & Leah Berking
Firm position
Vicious circle of attack & defense
Refusal to react
Negotiation Jujitsu – Break the vicious circle
Negotiation Jujitsu

13. Negotiation Jujitsu – Three Maneuvers of Attacking
Chapter 7: What If They Won‘t Play? Ida Kongsgaard & Leah Berking
Negotiation Jujitsu – Three Maneuvers of Attacking
Asserting their position forcefully
 Look behind and discuss the underlying principles
Attacking your ideas
 Invite criticism and advice to improve your ideas
Attacking you
 Recast an attack on you as an attack on the problem

14. Negotiation Jujitsu – Key Tools
Chapter 7: What If They Won‘t Play? Ida Kongsgaard & Leah Berking
Negotiation Jujitsu – Key Tools
Ask questions
Create silence

15. One-text procedure Tasks of a third party:
Chapter 7: What If They Won‘t Play? Ida Kongsgaard & Leah Berking
One-text procedure
Tasks of a third party:
Separate the people from the problem
Helps to invent new options
Simplifies the decision-making process

16. One-Text procedure – The Method
Chapter 7: What If They Won‘t Play? Ida Kongsgaard & Leah Berking
One-Text procedure – The Method
Step 1
Ask about parties‘ interests
Step 2
Propose a draft and get criticism to improve it (Repeat)
Step 3
Make a decision

17. questions?

18. Thank you for your attention!