Harvard Negotiation Method

Roger Fisher & William Ury

Oxcam
 Elements of the Harvard Negotiation Method

1. Separate the people from the problem

2. Focus on interests not on positions
3. Invent options for mutual gain
4. Insist on using objective criteria

Oxcam
Elements of the Harvard Negotiation Method

II Focus on interests not on

positions
I. Separate the people from
the problem

III. Invent option for

mutual gain
IV. Insist on using objective
criteria

Oxcam
Elements of the Harvard Negotiation Method

II Focus on interests not on

positions
I. Separate the people from
the problem

Oxcam
 Focus on Interests NOT Positions
•Positions: Simple statements about what you want. No reasons, no
subtlety, no justification. Just a demand:
– I want the orange!

•Interests: The reasons underlying the position

—what you really want or need
—the answer to the question WHY.
– I need the rind to bake a cake.
– I'm hungry. I want to eat the orange.

Oxcam
 Focus on Interests NOT Positions
• there are usually multiple interests for
any issue
• you don’t have to have common
interests to find a solution that meets
them all
• the more you understand your
interests and the other party’s
interests, the better able you are to
find a solution or solutions that will
produce mutual and lasting
satisfaction.

Oxcam
 Focus on Interests NOT Positions
• Interests define the problem
• Behind positions lie interests
• Interest categories
– Shared
– Compatible
– Conflicting

Oxcam
 Focus on Interests NOT Positions

• Identify their interests

• Reconcile interests

• Talk openly about interests

Oxcam
 Focus on Interests NOT Positions
 What are the positions?
 What are the interests?
 Why does it matter?
 Is there a way to meet both sides’ interests at once?

Oxcam
 Identify their interests
• Ask “Why?”
• Ask “Why not?”
– What are their other choices?
• Multiple interests
– Recall our earlier class
discussions of this
• Interests: the power of basic
human needs
• Making lists

Oxcam
 Talk openly about interests
• Show concern for their interests
• Put their problem ahead of your
answer
• Make your interests come alive
• Look ahead, not behind
• Be concrete but flexible
• Hard on problem, soft on people

Oxcam
Elements of the Harvard Negotiation Method

II Focus on interests not on

positions
I. Separate the people from
the problem

III. Invent option for

mutual gain

Oxcam
Invent Options for Mutual Gain

Oxcam
 Invent Options for Mutual Gain
• Prescription Method:
– Separate inventing from
deciding
– Broaden your options
– Look for mutual gains
– Make their decision easy

Oxcam
 Separate inventing from deciding

1.
2.
Invent Options First 3. Decide which is best
4.
5.

Oxcam
 Invent Options for Mutual Gain
• Brainstorms:

– This is a process of creating as many solutions as possible BEFORE

you evaluate them to decide which are the best options.
– Otherwise, good ideas never have a chance to be suggested and
discussed because people are too busy arguing over the first ideas
introduced.

Oxcam
 Invent Options for Mutual Gain
• Brainstorm:

– Separate the “invention” process from the evaluation stage

– After generating ideas, then evaluate the most promising
ones
– Look for shared interests
– Look for items that are low cost to you but high value to
them

Oxcam
 Broaden your options
• Look for help from a variety of experts
• Invent agreements of different strengths
• Change the scope of a proposed agreement
• Multiply options: the Circle Chart exercise (next)

Oxcam
Circle Chart for Inventing Options
What is wrong
Step II. Analysis Step III. Approaches
In Theory • Diagnose the problem
• Sort symptoms into
categories
• Suggest causes
• Observe what is lacking
• Note barriers
• What are the possible
strategies or
prescriptions?
• What are some
theoretical cures?
• Generate broad ideas
about what might be
done.

Step I. Problem
• What’s wrong?
• What are current
symptoms? Step IV. Action Ideas
• What are disliked • What might be done?
facts contrasted with • What specific steps
a preferred solution? might be taken to deal
with the problem?
In the real world

Oxcam
 Look for mutual gains
• Identify shared interests
• Merge differing interests
– What is the difference?
– Different beliefs?
– What is their value of time?
– Different forecasts about the future?
– Risk aversion differences?
• What are their preferences?

Oxcam
 Make their decision easy
• Whose shoes?

• What decision?

• When threatening is not

enough

Oxcam
Elements of the Harvard Negotiation Method

II Focus on interests not on

positions
I. Separate the people from
the problem

III. Invent option for

mutual gain
IV. Insist on using objective
criteria

Oxcam
 Use Objective Criteria
Criteria: insists that the results be based on some
objective standard
• for example, market value, expert opinion, custom,
precedence or law
• both parties can defer to a fair solution without
giving in to each other

Oxcam
 Case for objective criteria
• Principled negotiations
– Smarter
• Finding data, information that help inform a better decisions for
both parties
– Efficient
• No time wasted in testing each other’s will
– Less hostility
• No need to get angry if we looking for objective data
– Protects the relationship
• Mutual hunt for an objective basis

Oxcam
 Developing objective criteria
Fair standards Fair procedures
– Market value – Coin flips
– Precedent – Cut and choose
– Scientific judgments – Veil of ignorance choices – not
– Professional standards knowing your part
– Efficiency – Taking turns
– Costs – Drawing lots
– Court decisions – Letting a third party decide
– Equal treatment – Choosing the last best offer

Criteria need to be independent of each side’s will

Oxcam
Negotiating with objective criteria

• Frame each issue as the joint search for objective measures

of value, facts, etc.

• Reason and be open to reason as to what to accept as

appropriate standards

• Never yield to pressure, only to principle.

Oxcam
 The joint search for objective criteria
• What is fair to both sides?

• What is your theory about

what is fair?

• Agree first on principles.

Oxcam
 Reason and be open to reason
• Keep an open mind

• Possibility of multiple criteria

of fairness
– What objective basis is
there to decide?
– Splitting the difference or
compromising

Oxcam
 Never yield to pressure

• Pressure to yield takes many

forms
– Bribes
– Threats
– Stubbornness
• Question the process, look for
objective criteria
• This is why you have a
BATNA!!!!

Oxcam
 Yes, but . . .
• What if they

– are more powerful?

– won’t negotiate?
– won’t negotiate fairly?

Oxcam
 Modelo Simplificado

Relación y
Reflexión
Comunicación

Intereses
Intereses nuestros
de ellos

Opciones de
mutuo beneficio

Oxcam