The Negotiator

       According to the authors of the best-selling book “Getting to Yes”, negotiation is an act that we practice in our everyday lives.
This could occur in a situation such as: a father discussing curfew time with his fourteen-year-old daughter, a college couple conversing on where to go for dinner, two giant companies fighting over the rights to a product or idea, or, in a more intense situation whereby a detective trying to convince a bank robber that releasing the hostages is the smart and right thing to do. The authors of “Getting to Yes”, Roger Fisher, William L. Ury, and Bruce Patton have been able to identify these traits in our everyday lives. However little or immense the situation may be, there is a form of negotiation taking place at almost every moment, and even though a vast majority of us are unaware that we are constantly involved in this act, it safe to say that we are all negotiators. 

       The authors discuss different negotiating techniques, and common challenges that usually occur during negotiations. One of these techniques is positional bargaining. This form of negotiation usually focuses on “what” each party wants, and not “why” they want what they are requesting. In a recent Boston Radio interview with William Ury, he states that using positional bargaining does not focus on the underlying interests of both parties involved in a negotiation. He also points out that parties involved in positional bargaining usually end up with a suboptimal agreement because they are unable to see the bigger picture in terms of their individual needs. Mr. Ury elaborates further by using an example of two young sisters quarrelling over an orange. In terms of position each sister wanted the whole orange; however, what both sisters failed to realize is that they both had different interests, and needs for the orange. One sister wanted the orange so that she could eat the fruit, and the other sister wanted the orange so that she could bake a cake with its pills. At the end of the day the two sisters decided to share the orange 50/50. If only the two sisters had identified their underlying interests, they would have both walked away with their core interests satisfied.

       Another negotiating technique discussed is separating the people from the problem. In the same radio interview, high-level negotiation expert Irma Tyler Wood was asked by the radio host, “In a negotiation what if the people are the problem?” Irma responded by saying, “If the people are the problem, then you don’t start by trying to negotiate anything.” She elaborates by stating that the negotiators involved should start by communicating and addressing the issues that have been stumbling blocks in the past. In addition, Irma encourages both parties involved to discuss, and address past issues not by pointing fingers or throwing accusations, but rather by looking for ways to ensure that the same mistakes are not repeated. Setting ground rules, or bringing in third parties to help facilitate the elephants in the room are ways that this could also be achieved. Irma Tyler Wood states that the ultimate goal of this technique is not discussing what each party wants, but rather by analyzing how both parties can communicate in ways that are productive.

       Another technique discussed in the book “Getting to Yes” is having a best alternative to a negotiated agreement also known as BATNA.  A BATNA can be used as a power tool, or a backup plan that eliminates various forms of intimidation when going into a negotiation. Having a BATNA usually ensures that a negotiator does not walk out with a deal that is unsatisfactory. In addition, during an advanced negotiation presentation, Emory School of Law professor Paul Zwier highlights some other benefits of having a BATNA. He states that during negotiation a party’s ability to argue under the law in determining whether a situation is a legal issue or a factual one gives that party an advantage. Also being able to prove the facts by bringing in exhibits that could be referenced if needed could certainly give a negotiator an upper hand. Essentially a BATNA is a negotiator's armor (think Tony Stark/Iron Man).

       In conclusion, understanding different negotiation techniques and how to utilize them is very useful to individuals and corporations in the creation of partnerships, and contractual agreements.