5 Laws of Principled Negotiation for Mutual Gain

5laws of
getting to
…
www.derekhendrikz.com

(1) Don’t Bargain over Positions

Don’t Bargain Over Positions…
• Produces unwise agreements;
• Is inefficient;
• Endangers an ongoing relationship; and
• Leads to deadlocks.
Arguing over positions:

change the game…… use
Principled Negotiation

Principled Negotiation
boils down to 4Basic 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

(2) Separate People from the Problem

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

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

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

Effective
Communication…
• Listen actively
• Speak to be understood
• Speak about yourself, not them
• Speak for a purpose

(3) Focus on Interest NOT Positions

Focus on Interests,
not Positions…
• For wise solutions reconcile interests, not
positions
• How do you identify interests?
• Ask “Why?”
• Ask “Why not?”

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

(4) Invent Options for Mutual Gain

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:

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

(5) Insist on using Objective Criteria

Insist on using
objective criteria…
• Commit yourself to reaching a solution based on
principle, not pressure.
• Principled negotiation produces wise agreements
amicable and efficiently

Develop
objective criteria
by establishing…
• Fair standards
• Fair procedures

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

(6) Develop your BATNA

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:

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.

Make your
case
stronger by
considering
the other
sides
BATNA

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

What was the ANC’s Position?
Immediate majority
rule.
Immediate release
of political
prisoners on death
row.

What was the NP’s Position?
No total surrender
to majority rule.

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”…

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.

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.

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.

Triangle 1 Triangle 2
Scope Risk
Cost Quality
Time Resources

5 Laws of Principled Negotiation for Mutual Gain

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