NAME: KIZZA JULIUS

REG NO.: AS21B11/137

ACCESS NUMBER: A94885

COURSE UNIT: CLINICAL LEGAL EDUCATION.

COURSE: LLB

STREAM: LLB 3A

LECTURER: MADAM ACHIENG MIRIAM

TUTOR: MADAM RITAH IMALINGAT.

JOURNAL 3
QUESTIONS:
i) Explain how the negotiation took place and what you basically learnt from the negotiation
reflecting what is in the chapter.
ii) ii) Discuss whether the students who role played displayed, incorporated the principles in chapter
one of the book ‘’Getting to yes ‘’ giving examples of what took place in the role play.
iii) iii) As you give your sought, analysis, you should have the chapter in perspective.
At the end of chapter two of Getting to Yes, the authors emphasize all negotiators to apply
principled negotiation skills which includes; separating people from the problem, focusing on
interests instead of positions, optimizing and maximizing options and being objective in order to
reach a wise agreement.

Chapter 3 of the Getting to yes under the topic of Yes, But… provides that one may apply the
principled negotiation but when the Other Party Is More Powerful, when the Other Party Won't
Play and when the Other Party Uses Dirty Tricks. Fisher and Ury in this chapter provide how
someone can negotiate well in such circumstances.

It is important to note that under chapter three of the book the first element given by the author is
when the Other Party Is More Powerful. Fisher and Ury under this chapter note that no
negotiation method can completely overcome differences in power. However, Fisher and Ury
suggest ways to protect the weaker party against a poor agreement, and to help the weaker party
make the most of their assets. The first one is a "bottom line principle". The bottom line is what
the party anticipates as the worst acceptable outcome. In the role play acted in class this principle
was brought out by Ms. Ropani (buyer) of the house in Mengo who insisted on buying the house
not exceeding 120 million and she finally bought it at 115 million.

The authors also advise that when the other part is more powerful, the weaker party should
concentrate on assessing their best alternative to a negotiated agreement (BATNA). This
principle calls the weaker party to reject agreements that would leave them worse off than their
BATNA. It is worth noting that, BATNA helps the negotiators in making the most of existing
assets. This in the role play was brought by the Broker to the buyer who immediately after the
buyer called her informing her of how she is not satisfied with the house they bought after
receiving an inspector’s report showing latent defects. The broker immediately informed her that
she had an alternative house they can buy which is good and meets the standard of what the
buyer wanted.

Another key principle addressed by the authors under chapter three is when the Other Party
Won't.

The authors asserted in this chapter that sometimes the other side refuses to budge from their
positions, makes personal attacks, seeks only to maximize their own gains, and generally refuses
to partake in principled negotiations. They describe three approaches for dealing with opponents
who are stuck in positional bargaining. First, one side may simply continue to use the principled
approach. The authors point out that this approach is often contagious. Second, the principled
party may use "negotiation jujitsu" to bring the other party in line. This in the role play was
expressed by the Buyer’s lawyer Mr. Kasirye when they first met the seller’s Lawyer Mr. Dogo.
In their negotiation the seller’s Lawyer was insisting on his position, maximizing only his clients
gains but Mr. Kasirye responded to him in the calm way, embarked on mutual gains of both
parties and was calling for a principled negotiation. This clearly brought the elements given by
Fisher and Ury in chapter three under the principle of When the other party won’t play and use
principled negotiation.

The last key principle addressed by Fisher and Ury in chapter three is when the Other Party Uses
Dirty Tricks

The authors in this chapter note that sometimes parties will use unethical or unpleasant tricks in
an attempt to gain an advantage in negotiations such as good guy/bad guy routines,
uncomfortable seating, and leaks to the media. According to Fisher and Ury the best way to
respond to such tricky tactics is to explicitly raise the issue in negotiations, and to engage in
principled negotiation to establish procedural ground rules for the negotiation. In this chapter
they identify the general types of tricky tactics. Parties may engage in deliberate deception about
the facts, their authority, or their intentions. The best way to protect against being deceived is to
seek verification the other side. Another common type of tactic is psychological warfare, this is
when the tricky party uses a stressful environment. The Chapter suggests that when such tricks
have been applied, the principled party should identify the problematic element and suggest a
more comfortable or fair change. In the role play during the negotiation I observed the seller Ms.
Murungi applying dirty tricks when she was threatening to call her father who she was referring
to as “Ogaa” and her father also applied dirty tricks by intimidating the buyer trying to make her
and her Lawyer uncomfortable. It is paramount to note that the principal negotiator Mr. Wahanze
Remmy failed to bring out the element of responding to dirty tricks very well since he was just
looking at the seller and her father intimidating the buyer and her Lawyer thus failure by group
one to bring the element of dirty tricks and response to dirty tricks as it is discussed by Fisher
and Ury in Chapter three of Getting to Yes book.
In conclusion, chapter three of Getting to yes tells us that there is no negotiation method can
completely overcome differences in power. In such negotiations we should to apply Bottom line
Principle, BATMA, sticking on principled negotiation and responding to dirty tricks the same
way.