May 14, 2014 Negotiating from the getting to yes approach
Soon after starting college, I sat transfixed as Roger Fisher gave a talk about negotiating on goals versus positions, in any conflict from global to local to litigation. It all makes sense, but many prosecutors seem not to have heard of such an approach to negotiations, or else not have taken it seriously.
Negotiating on goals versus positions is essential. I know some of my opposing prosecutors read my blog, so I give them an opportunity in today’s blog entry to learn more at their leisure about the this goal-oriented getting to yes negotiating approach.
– Most important is to read Fisher and Ury’s Getting to Yes: Negotiating Agreement Without Giving In.
– A conflict training group summarizes Getting to Yes.
– Here is my 2006 article on the getting to yes approach.
– Getting to Yes’s William Ury’s TED Talk.
– Article on applying getting to yes, to litigation negotiations.
– William Ury’s negotiations page.
– OAS manual on ten questions about getting to yes.
– Criminal defense lawyer Luke Newman on the increased challenge of getting to yes after a "no".
– Getting to Yes talks about reminding the other party about our negotiating-related obligations to our relevant community. For instance, Nasser acknowledged the challenges Meir would have faced if she had agreed to unconditional territorial withdrawal.
Trials may provide for more fascinating viewing and newspaper articles. However, no trial should go forward without all parties giving full time and attention to try to resolve the conflict through settlement negotiations.