Getting To Yes Chapter 4

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 4
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 Three of the book Getting to yes, Fisher and Ury tells us, that when the
other party is more powerful, the other party is supposed to apply the Bottom-line principle, the
negotiator also needs to know his BATNA and should know how to handle the other party which
applies dirty tricks.
Chapter 4 of the book getting the book Getting to yes tells us that when two persons are
negotiating there is no way that both persons are really satisfied. It is important to note that
regularly negotiations are only conducted on one dimension and the search for mutual interests
adds dimensions to the negotiations. For example, a disadvantage on a dimension can be
compensated by an advantage.
Fisher and Ury in chapter three assert that during negotiations, four obstacles prevent parties
from success which include; Premature judgments, the search for the single answer, assuming a
fixed quantity and thinking that 'his problem is to solve his problem.
The authors of the book Getting to Yes tells us that, to overcome these obstacles, four elements
are important and must be applied.
The first one is to Separate inventing solutions from deciding which solution to choose. The
chapter tells us that creative process is not hampered by the critical arguments. These arguments
have an important role at a later stage. Brainstorming is a good way to work towards a solution
that was not on the table. This element was brought very during the role play where we saw Mr.
Isaac Kwemboi who acted as the head of the Cement company workers when he met the
secretary of the Company director. He insisted on inventing solutions which included providing
workers with Head elements and increasing the worker’s salaries by 2000 per hour.
The chapter also advise us to increase the number of possibilities. It is important to note that
looking for that one good idea is very difficult. It also implies that only one solution is possible.
If there is a long list of solutions, chances are that there is a solution that is acceptable to all
parties. In four steps a method is given to create possibilities. First you should define what the
problem is. Then make an analysis. After that get a look at the possible approaches and at least
think about action ideas. In the class role play this element was brought by the by the company
secretary who showed her boss a number of possibilities of how the company can meet the costs
of providing helmets to all company workers to ensure their safety while working.
Chapter 4 also tells us to look for mutual gain. Fisher and Ury tells us in chapter three that
interests are more consistent than people think, the chapter tells us to start the conversation by
taking stock of these joint interests and write them down. The chapter also tells us that the way in
which parties value things is very different. What do parties think about the time that something
may take place? Do they want to risk, or not? How do parties deal with their liquidity? Are there
sufficient storage options? When are peaks in production? Can it be postponed to a quiet
moment? The strength of a negotiator lies in all differences of appreciation. This in the role play
was brought out by the negotiation between the Company secretary and Company Director
whereby the company director was prioritizing the interests of the company whereas the
Company secretary was fronting the worker’s safety first.
Lastly Fisher and Ury under chapter three tells negotiators to make the other party decide
easily. Chapter three is to the effect that it is not a contest that wins one and loses the other; if
there is no agreement, there are only losers. The chapter tells us that as a negotiator you want the
other party to make the decision as easy as possible, make a proposal that he can agree with. It is
easier to say yes or no than to have to make a counter-proposal. It is good to note that a proposal
is more easily accepted if it gives a fair impression. The chapter calls us to think of this when we
are to formulate a proposal. In the proposal this element was clearly brought out by the Company
secretary who made it easy for the Company Director to make a decision of buying helmets to all
the workers. She convinced her that when the worker’s working condition is okay the work of
the company will be done smoothly since the workers will be motivated and there will be no
more deaths of company workers hit by company equipment.
In conclusion, Fisher and Ury in chapter three of Getting to Yes tells us that while negotiating we
must think about one of the four elements to get what we want. It further tells us that with this
method both parties will be satisfied. For both parties every dimension has a different value. It is
paramount to note that when the four obstacles, premature judgments, the search for the single
answer, assuming a fixed quantity and thinking that ‘his problem is to solve his problem’ is
avoided and the four elements is used to overcome the obstacles, then a better solution will be
found for the mutual interests of both parties.

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NAME: KIZZA JULIUS

REG NO.: AS21B11/137

ACCESS NUMBER: A94885

COURSE UNIT: CLINICAL LEGAL EDUCATION.

LECTURER: MADAM ACHIENG MIRIAM

TUTOR: MADAM RITAH IMALINGAT.

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