GettingtoYes英-談判力無需讓步的說服藝術(shù)

1、Getting+to+Yes+（ 英 ）+-+ 談判力無需讓步的說服藝GettingtoYESNegotiating an agreement without giving inRoger Fisher and William UryWith Bruce Patton, EditorSecond edition by Fisher, Ury and PattonRANDOM HOUSE BUSINESS BOOKSGETTING TO YESThe authors of this book have been working together since 1977.Roger Fisher t

2、eaches negotiation at Harvard Law School, where he is Williston Professorof Law and Director of the Harvard Negotiation Project. Raised inIllinois, he served in WorldWar II with the U.S. Army Air Force, in Paris with the Marshall Plan, and in Washington, D.C.,with the Department of Justice. He has a

3、lso practiced law in Washington and served as aconsultant to the Department of Defense. He was the originator and executive editor of theaward-winning series The Advocates. He consults widely withgovernments, corporations, andindividuals through Conflict Management, Inc., and the Conflict Management

4、 Group.William Ury, consultant, writer, and lecturer on negotiation and mediation, is Director ofthe Negotiation Network at Harvard University and Associate Director of the HarvardNegotiation Project. He has served as a consultant and third party in disputes ranging from thePalestinian-Israeli confl

5、ict to U.S.-Soviet arms control to intracorporate conflicts to labormanagementconflict at a Kentucky coal mine. Currently, he is working on ethnic conflict in theSoviet Union and on teacher-contract negotiations in a large urban setting. Educated inSwitzerland, he has degrees from Yale in Linguistic

6、s and Harvard in anthropology.Bruce Patton, Deputy Director of the Harvard Negotiation Project, is the Thaddeus R. BealLecturer on Law at Harvard Law School, where he teaches negotiation. A lawyer, he teachesnegotiation to diplomats and corporate executives around the world and works as a negotiatio

7、nconsultant and mediator in international, corporate, labor-management, and family settings.Associated with the Conflict Management organizations, which he co founded in 1984, he hasboth graduate and undergraduate degrees from Harvard.Books by Roger FisherInternationalConflict and Behavioral Science

8、: The CraigvillePapers editor and co-author,1964International Conflict for Beginners 1969Dear Israelis, Dear Arabs: A Working Approach to Peace1972International Crises and the Role of Law: Points of Choicethe1978International Mediation: A Working Guide; Ideas forPractitioner with William Ury,1978Imp

9、roving Compliance with International Law 1981 GettingTogether: BuildingRelationships As We Negotiate 1988Books by William UryBeyond the Hotline: HowCrisis Control Can Prevent Nuclear War 1985Windows of Opportunity: From Cold War to Peaceful Competitionin U.S.-SovietRelations edited with Graham T. Al

10、lison and Bruce J. Allyn, 1989Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict with JeanneM. Brett and Stephen B. Goldberg, 1988Getting Past No: Negotiating with Difficult People 1991ContentsAcknowledgments the Second4Preface toEdition 5Introduction6I THEPROBLEM7CRITERIA IVI

11、NTHETHENOTMUTUAL7IIMETHOD 132. SEPARATE THE PEOPLE FROMPROBLEM 133. FOCUSON INTERESTS,POSITIONS 234. INVENT OPTIONS FOR GAIN IIIBUT. 496.WHAT IFTHEY AREPOWERFUL? 507.WHAT IFTHEYPLAY?548. WHAT IFTHEY USETRICKS?6442YES,MOREWONTDIRTY5.INSISTONUSINGOBJECTIVECONCLUSION PEOPLETOpeople71V TEN QUESTIONSASK7

12、2ABOUT GETTINGYES .723AcknowledgmentsThis book began as a question: What is the best way forto deal with theirdifferences? For example, what is the best advice one could give ahusband and wife gettingdivorced who want to know how to reach a fair and mutually satisfactory agreement withoutending up i

13、n a bitter fight? Perhaps more difficult,what advice wouldyou give one of them whowanted to do the samething? Every day, families, neighbors, couples, employees, bosses,businesses, consumers, salesmen, lawyers, and nations face this same dilemma of how to get toyes without going to war. Drawing on o

14、ur respective backgrounds in international law andanthropology and an extensive collaboration over the years with practitioners, colleagues, andstudents, we have evolved a practical method for negotiating agreement amicably without givingin.We have tried out ideas on lawyers, businessmen, government

15、 officials, judges, prisonwardens, diplomats, insurance representatives, military officers, coal miners, and oil executives.Wegratefully acknowledge those who responded with criticism and with suggestions distilledfrom their experience. We benefited immensely.In truth, so many people have contribute

16、d so extensively toour learning over the years thatit is no longer possible to say precisely to whomwe are indebted for which ideas in what form.Those whocontributed the most understand that footnotes were omitted not because we thinkevery idea original, but rather to keep the text readable when we

17、owe so much to so many.We could not fail to mention, however, our debt to HowardRaiffa. His kind but forthrightcriticism has repeatedly improved the approach, and his notions on seeking joint gains byexploitingdifferences and using imaginativeprocedures for settlingdifficult issues have inspiredsect

18、ions on these subjects.Louis Sohn, deviserand negotiatorextraordinaire, was alwaysencouraging, always creative,always looking forward.Amongour manydebts to him, we oweour introductionto the idea of using a single negotiatingtext, whichwe call the One-TextProcedure. And we would like to thank Michael

19、 Doyle and David Straus for their creative ideason running brainstorming sessions.Good anecdotes and examples are hard to find. We are greatly indebted to Jim Sebenius forhis accounts of the Law of the Sea Conference as well as for his thoughtful criticism of themethod , to Tom Griffith for an accou

20、nt of his negotiation with an insurance adjuster, and toMary Parker Follett for the story of two menquarreling in a library.We want especially to thank all those who read this book in various drafts and gave us thebenefit of their criticism, including our students in the January Negotiation Workshop

21、s of 1980and 1981 at Harvard Law School, and Frank Sander, John Cooper, and William Lincoln whotaught those workshops with us. In particular, we want to thank those members of HarvardsNegotiation Seminar whomwe have not already mentioned; they listened to us patiently theselast two years and offered

22、 many helpful suggestions: John Dunlop, James Healy, David Kuechle,Thomas Schelling, and Lawrence Susskind. To all of our friends and associates we owe morethan we can say, but the final responsibility for the content of this book lies with the authors; ifthe result is not yet perfect, it is not for

23、 lack of our colleagues efforts.Without family and friends, writing would be intolerable. Forconstructive criticism andmoral support we thank Caroline Fisher, David Lax, Frances Turnbull, and Janice Ury.Without Francis Fisher this book would never have been written. He had the felicity ofintroducing

24、 the two of us some four years ago.Finer secretarial help wecould not have had. Thanks to Deborah Reimel for her unfailingcompetence, moral support, and firm but gracious reminders, and to Denise Trybula, who neverwavered in her diligence and cheerfulness. And special thanks to the people at Word Pr

25、ocessing,led by Cynthia Smith, who met the test of an endless series of drafts and near impossibledeadlines.Then there are our editors. By reorganizing and cutting this book in half, Marty Linskymadeit far more readable. To spare our readers, he had the good sense not to spare our feelings.4Thanks a

26、lso to Peter Kinder, June Kinoshita, and Bob Ross. June struggled to make the languageless sexist. Where we have not succeeded, we apologize to those who may be offended. We alsowant to thank Andrea Williams, our adviser: Julian Bach, our agent;and Dick McAdoo and hisassociates at Houghton Mifflin,

27、who madethe production of this book both possible andpleasurable.Finally, we want to thank Bruce Patton, our friend and colleague, editor and mediator. Noone has contributed more to this book. From the very beginning he helped brainstorm andorganize the syllogism of the book. He has reorganized almo

28、st every chapter and edited everyword. If books were movies, this would be known as a Patton Production.Roger FisherWilliam UryPreface tothe Second EditionIn the last ten years negotiation as a field for academic and professional concern has growndramatically. Newtheoretical works have been publishe

29、d, case studies have been produced, andempirical research undertaken. Ten years ago almost no professional school offered courses onnegotiation; now they are all but universal. Universities are beginning to appoint faculty whospecialize in negotiation. Consulting firms now do the same in the corpora

30、te world.Against this changing intellectual landscape, the ideas in Getting to Yes have stood up well.They have gained considerable attention and acceptance from a broad audience, and arefrequently cited as starting points for other work. Happily, theyremain persuasive to the authorsas well. Most qu

31、estions and commentshave focused on places where the book has provenambiguous, or where readers have wanted more specific advice. Wehave tried to address themost important of these topics in this revision.Rather than tampering with the text and asking readers whoknow it to search forchanges , we hav

32、e chosen to add new material in a separate section at the end of this secondedition. The main text remains in full and unchanged from the original, except for updating thefigures in examples to keep pace with inflation and rephrasing in a few places to clarify meaningand eliminate sexist language. W

33、e hope that our answers to Ten Questions People Ask AboutGetting to YES prove helpful and meet some of the interests readers have expressed.We address questions about 1 the meaning and limits of principled negotiation itrepresents practical, not moral advice ; 2 dealing with someonewho seems to be i

34、rrational orwho has a different value system, outlook, or negotiating style; 3 practical questions, such aswhere to meet, who should make the first offer, and how to move from inventing options tomaking commitments; and 4 the role of power in negotiation.More extensive treatment of sometopics will h

35、ave to await otherbooks. Readers interestedin more detail about handling people issues in negotiation in ways that tend to establish aneffective working relationship might enjoy Getting Together: Building Relationships as WeNegotiate by Roger Fisher and Scott Brown, also available from Business Book

36、s. If dealing withdifficult people and situations is more your concern, look for Getting Past No: Negotiating withDifficult People by William Ury, published by Business Books. Nodoubt other books willfollow. There is certainly muchmore to say about power, multilateral negotiations, cross-culturaltra

37、nsactions, personal styles, and many other topics.Once again wethank Marty Linsky, this time for taking a careful eye and a sharp pencil toour new material. Our special thanks to Doug Stone for his discerning critique, editing, andoccasional rewriting of successive drafts of that material. He has an

38、 uncanny knack for catchingus in an unclear thought or paragraph.For more than a dozen years, Bruce Patton has worked with us in formulating andexplaining all of the ideas in this book. This past year he has pulled the laboring oar in5converting our joint thinking into an agreed text. It is a pleasu

39、re to welcome Bruce, editor of thefirst edition, as a full co-author of this revised edition.Roger FisherWilliam UryIntroductionofhouse.Likeit or not, you are a negotiator. Negotiation is a factlife. You discuss a raise withyour boss. You try to agree with a stranger on a price for his Two lawyers t

40、ry to settle alawsuit arising from a car accident. A group of oil companies plan a joint venture exploring foroffshore oil. A city official meets with union leaders to avert a transit strike. The United StatesSecretary of State sits down with his Soviet counterpart to seek an agreement limiting nucl

41、eararms. All these are negotiations.Everyone negotiates something every day. Like Molieres Monsieur Jourdain, who wasdelighted to learn that he had been speaking prose all his life, people negotiate even when theydont think of themselves as doing so. A person negotiates with his spouse about where t

42、o go fordinner and with his child about when the lights go out. Negotiation is a basic means of gettingwhat you want from others. It is back-and-forth communication designed to reach an agreementwhen you and the other side have some interests that are shared and others that are opposed.More and more

43、 occasions require negotiation; conflict is a growth industry. Everyonewants to participate in decisions that affect them; fewer and fewerpeople will accept decisionsdictated by someoneelse. People differ, and they use negotiation to handle their differences.Whether in business, government, or the f

44、amily, people reach most decisions throughnegotiation. Even whenthey go to court, they almost always negotiate a settlement before trial.Although negotiation takes place every day, it is not easy to do well. Standard strategiesfor negotiation often leave people dissatisfied, worn out, or alienated a

45、nd frequently all three.People find themselves in a dilemma. They see two ways to negotiate: soft or hard. Thesoft negotiator wants to avoid personal conflict and so makes concessions readily in order toreach agreement. He wants an amicable resolution; yet he often ends up exploited and feelingbitte

46、r. The hard negotiator sees any situation as a contest of wills in which the side that takes themore extreme positions and holds out longer fares better. He wantsto win; yet he often ends upproducing an equally hard responsewhichexhaustshim and hisresources and harms hisrelationship with the other s

47、ide.Otherstandardnegotiatingstrategies fall between hard and soft,but each involves an attempted trade-offbetween gettingwhat you wantand getting along withpeople.There is a third way to negotiate, a way neither hard nor soft, but rather both hard and soft.The method of principled negotiation develo

48、ped at the Harvard Negotiation Project is to decideissues on their merits rather than through a haggling process focused on what each side says itwill and wont do. It suggests that you look for mutual gains wherever possible, and that whereyour interests conflict, you should insist that the result b

49、e based on some fair standardsindependent of the will of either side. The method of principled negotiation is hard on the merits,soft on the people. It employs no tricks and no posturing. Principled negotiation shows you howto obtain what you are entitled to and still be decent. It enables you to be

50、 fair while protectingyou against those who would take advantage of your fairness.This book is about the method of principled negotiation. The first chapter describesproblems that arise in using the standard strategies of positional bargaining. The next fourchapters lay out the four principles of th

51、e method. The last three chapters answer the questionsmost commonly asked about the method: What if the other side is more powerful? What if theywill not play along? And what if they use dirty tricks?Principled negotiation can be usedby United States diplomatsin arms control talks withthe Soviet Uni

52、on, by Wall Street lawyers representing Fortune 500 companies in antitrust cases,and by couples in deciding everything from where to go for vacation to how to divide their6property if they get divorced. Anyone can use this method.Every negotiation is different, but the basic elements do not change.

53、Principled negotiationcan be used whether there is one issue or several; two parties or many; whether there is aprescribed ritual, as in collective bargaining, or an impromptu free-for-all, as in talking withexperienced or less, a hardbargainer or a friendly one. Principled negotiation is an all-pur

54、pose strategy. Unlike almost allother strategies, if the other side learns this one, it does not become more difficult to use; itbecomes easier. If they read this book, all the better.IThe Problem1.Dont Bargain Over PositionsWhether a negotiation concerns a contract, a family quarrel, or a peace set

55、tlement amongnations, people routinely engage in positional bargaining. Each side takes a position, argues forit, and makes concessions to reach a compromise. The classic example of this negotiating minuetis the haggling that takes place between a customer and the proprietor of a secondhand store:CU

56、STOMERSHOPKEEPERHow much do you want for this brass dish?That isa beautiful antique, isnt it? I guess I couldlet itgo for $75.Oh come on, its dented. Ill give you $15.Really!I might consider a serious offer, but $15certainly isnt serious.Well, I could go to $20, but I would never pay You drivea hard

57、 bargain, young lady. $60 cash,anythinglike $75. Quote mea realisticprice.rightnow.$25.Itcost me a great deal more than that. Makemeaserious offer.$37.50.Thats the highest I will go.Haveyounoticed the engraving on that dish?Nextyear pieces like that will be worth twicewhat you pay today.And so it goes, on and on. Perhaps t