Getting to Yes: Negotiating Agreement Without Giving In
by Roger Fisher, William L. Ury, and Bruce Patton
Contents
4 Invent Options for Mutual Gain
Overview
The chapter explains how to escape zero-sum bargaining by inventing options that expand the pie. It diagnoses four obstacles—premature judgment, hunting a single answer, fixed-pie thinking, and neglecting the other side’s problems—and prescribes brainstorming, broadening choices, dovetailing interests, and easing the other side’s decision through legitimacy, precedent, and yesable propositions.
Summary
The chapter opens with the Sinai demilitarization example and the “orange” parable to show that apparent either/or disputes can be reframed to create mutual gains. Many negotiations stall because parties view choices along a single line, fearing win–lose outcomes or resentment after a narrow split.
The authors diagnose four barriers to creativity: premature judgment that stifles ideas, a rush to the single answer, a fixed-pie assumption, and the belief that solving the other side’s problem is their problem. These mindsets cause parties to leave value on the table.
They prescribe separating inventing from deciding via brainstorming. Guidelines cover purpose, small diverse groups, relaxed settings, facilitation, side-by-side seating, no-criticism rules, visible recording, and staged evaluation. A joint union–management session about unauthorized strikes illustrates how protected ideation yields many options without premature commitment.
Next, they urge broadening options: generate many distinct paths, shuttle between specifics and theory using the Circle Chart, and view the problem through multiple expert lenses. Prepare agreements of varying strength (procedural, provisional, second-order) and adjust scope (partial, phased, fewer parties, limited geography or time) to create negotiating room.
They show how to look for mutual gain by surfacing shared interests and managing the relationship. The Townsend Oil–Pageville example reveals joint goals (industrial growth) that suggest tax holidays and joint promotion. Differences can be dovetailed—interests, beliefs, time preferences, forecasts, and risk aversion—by trading low-cost/high-benefit items and iteratively asking for preferences among acceptable options.
Finally, they explain how to make the other side’s decision easy: focus on a specific decision-maker, draft clear agreements early, reduce implementation burdens, invoke legitimacy and precedent, favor offers over threats, and test proposals against likely criticism. Aim for “yesable propositions” that meet their constraints while satisfying your interests. The chapter concludes: invent first, decide later, seek shared and differing interests, and ease their path to yes.
Who Appears
- FacilitatorGuides joint brainstorming between union and management, enforces no-criticism rule, records ideas.
- Tom (Union)Union participant proposing foremen settle grievances; offers team-building ideas.
- Jim (Management)Management participant suggesting workers consult foremen before action.
- Jerry (Union)Union participant proposing immediate bathhouse meetings and faster grievance steps.
- Roger (Management)Management participant offering bathhouse access and family picnic ideas.
- Carol (Management)Suggests rule requiring leaders to attempt on-the-spot resolution before strikes.
- Karen (Union)Proposes joint training for union members and foremen.
- Phil (Union)Suggests recognizing good performance to reduce stoppages.
- John (Management)Advocates building friendly relations; proposes a softball team.
- Mayor of PagevilleSeeks higher taxes; shares interest in economic growth enabling mutual-gain options.
- Manager of Townsend OilWorries about tax hikes; explores shared goals to craft win-win tax and growth measures.
- Employee negotiating a raiseIllustrates fear of premature commitment and disclosure when inventing options.