negotiation a 'yes' agreement by derek hendrikz

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Negotiating Yes by Derek Hendrikz summarises the book "getting to yes - negotiating an agreement without giving in" by authors William Ury and Roger Fisher. Don't bargain over positions, separate people from the problem, focus on interest not positions, invent options for mutual gain, insist on using objective criteria, develop your BATNA, best alternative to negotiated settlement.

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Page 2: Negotiation a 'YES' Agreement by Derek Hendrikz

5 laws ofgetting to

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Page 3: Negotiation a 'YES' Agreement by Derek Hendrikz

(1) Don’t Bargain over Positions

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Page 4: Negotiation a 'YES' Agreement by Derek Hendrikz

Don’t Bargain Over Positions…

• Produces unwise agreements;

• Is inefficient;

• Endangers an ongoing relationship; and

• Leads to deadlocks.

Arguing over positions:

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Page 5: Negotiation a 'YES' Agreement by Derek Hendrikz

change the game…… usePrincipled Negotiation

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Principled Negotiation

boils down to 4 Basic Points…

People: Separate the people from the problem

Interests: Focus on interests, not positions

Options: Generate a variety of possibilities before deciding what to do

Criteria: Insist that the result be based on some objective standard

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(2) Separate People from the Problem

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Separating People from the Problem…

• Negotiators put people first

• Every negotiator has two kinds of interests: substance

and relationship

• Separate relationships from substance, and deal directly

with people problems

• Prevention works best

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Page 9: Negotiation a 'YES' Agreement by Derek Hendrikz

Adjust your Perception…

• Put yourself in their shoes• Don’t deduce their intentions from your fears• Don’t blame them for your problems• Discuss each other’s perceptions• Look for opportunities to act inconsistently with their

perceptions• Give them a stake in the outcome by making sure

they participate in the process• Face-saving: Make your proposals consistent with

their values

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Page 10: Negotiation a 'YES' Agreement by Derek Hendrikz

Working with Emotion…

• First recognise and understand emotions (theirs and yours)

• Make emotions explicit and acknowledge them as

legitimate

• Allow the other side to let off steam

• Don’t react to emotional outbursts

• Use symbolic gestures

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Page 11: Negotiation a 'YES' Agreement by Derek Hendrikz

Effective Communication…

• Listen actively

• Speak to be understood

• Speak about yourself, not them

• Speak for a purpose

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(3) Focus on Interest NOT Positionswww.derekhendrikz.com

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Focus on Interests, not Positions…

• For wise solutions reconcile interests, not

positions

• How do you identify interests?

• Ask “Why?”

• Ask “Why not?”

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Page 14: Negotiation a 'YES' Agreement by Derek Hendrikz

Talk about Interests…

• Make your interests come alive

• Put the problem before your

answer

• Look forward not back

• Be concrete but flexible

• Be hard on the problem, soft on

the people

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(4) Invent Options for Mutual Gainwww.derekhendrikz.com

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Invent Options for Mutual Gain…

• Premature judgement

• Searching for the single answer

• The assumption of a fixed pie

• Thinking that “solving their problem is their problem”

In most negotiations, four major obstacles inhibit an abundance of options:

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To invent creative options, you will have to…

• Separate inventing from deciding

• Broaden the options

• Search for mutual gains

• Invent ways of making their decisions easy

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(5) Insist on using Objective Criteriawww.derekhendrikz.com

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Insist on using objective criteria…

• Commit yourself to reaching a solution based on

principle, not pressure.

• Principled negotiation produces wise agreements

amicable and efficiently

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Develop objective criteria by establishing…

• Fair standards

• Fair procedures

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Negotiating with objective criteria…

• Frame each issue as a joint search for objective

criteria

• Reason and be open to reason as to which standards

are most appropriate and how they should apply

• Never yield to pressure, only on principle

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(6) Develop your BATNAwww.derekhendrikz.com

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BATNA…

The difference between a BATNA and a bottom line is

that the BATNA leaves you options whilst bottom line

leaves you with a deadlock, if your negotiating partner

is not prepared to give in.

Best Alternative To a Negotiated Agreement:

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The better your BATNA the greater your power…

• Invent a list of actions you might conceivably take if no agreement s reached.

• Improve some of the more promising ideas and convert them into practical alternatives.

• Select, tentatively, the one option that seems best.

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Make your case

stronger by considering the other

sides BATNA

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How did Cyril and Roelf get to YES?Watch the video and learn how applying these principles has changed the fate of South Africa

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Page 27: Negotiation a 'YES' Agreement by Derek Hendrikz

What was the ANC’s Position?

Immediate majority

rule.

Immediate release

of political

prisoners on death

row.

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What was the NP’s Position?

No total surrender

to majority rule.

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Separate people from the problem?

Worked hard on building a personal

relationship.

Developed a common vision that they

could both work towards.

Spent hours on understanding each

others fears and expectations.

Filled the gaps for each other where the

one did or could not understand.

Kept the communication lines open – met

privately in a place called the “channel”…www.derekhendrikz.com

Page 30: Negotiation a 'YES' Agreement by Derek Hendrikz

Focus on interest, not positions?

Developed ‘Face Saving’ mechanisms in

the form of ‘safe’ one-on-one discussions

where they could speak openly and

honestly about interests and needs.

Conceded the weaknesses of their own

case.

Constantly negotiate towards a common

vision.

Collectively held the belief that every

problem has a solution.www.derekhendrikz.com

Page 31: Negotiation a 'YES' Agreement by Derek Hendrikz

Invent options for mutual gain?

Apart for the formal mandate, also had a

‘open’ mandate that allowed for some space

and exploration.

Allowed positions to evolve towards a place

of realism.

They negotiated on various levels (Cyril

negotiated with Roelf, the masses and the

ANC… Roelf negotiated with Cyril and the

NP, etc..)

They sold ideas and common interest to their

constituencies.www.derekhendrikz.com

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Insisted on using objective criteria?

Looked at various constitutions around

the world, and in doing so created

various bench marks.

Used experts and advisors who

consulted them on what would work and

not work in a conflict ridden society.

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PMBOK 6 point Star Variables

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Triangle 1 Triangle 2

Scope Risk

Cost Quality

Time Resources