Getting to YES

The First Principle: Separate the People from the Problem The foundational argument of principled negotiation, and perhaps the most crucial for transforming a confrontational encounter into a collaborative one, is the directive to “Separate the People from the Problem.” This principle addresses a fundamental, inescapable truth of human interaction: negotiators are people first. They are not abstract representatives of interests or disembodied legal entities; they are complex human beings with deeply ingrained emotions, values, differing backgrounds, and unique perspectives. They are, like all of us, unpredictable creatures of feeling and perception. The failure to recognize and address this human element

The Second Principle: Focus on Interests, Not Positions Following the foundational directive to separate the people from the problem, principled negotiation introduces its most revolutionary and powerful strategic shift: “Focus on Interests, Not Positions.” This principle is the engine of creative problem-solving, moving the negotiation from a confrontational tug-of-war to a collaborative search for a mutually beneficial outcome. To grasp the significance of this shift, one must first understand the crucial distinction between the two concepts. A position is the tangible thing you say you want—a specific price, a set of terms, a particular action. It is the concrete demand you place

The Third Principle: Invent Options for Mutual Gain Once a negotiator has successfully separated the people from the problem and has shifted the focus from rigid positions to underlying interests, the negotiation arrives at its creative and potentially most fruitful stage. This is governed by the third principle: “Invent Options for Mutual Gain.” This principle addresses a common and debilitating failure in most negotiations: a lack of imagination. Parties often arrive at the table with a fixed idea of what they want, see the negotiation as a zero-sum game, and focus all their energy on dividing a seemingly fixed pie.

The Fourth Principle: Insist on Using Objective Criteria The first three principles of principled negotiation—separating the people from the problem, focusing on interests, and inventing options for mutual gain—are designed to transform a negotiation from an adversarial confrontation into a collaborative problem-solving process. They help to create a positive atmosphere, identify the real issues, and generate a rich menu of possible solutions. However, even with the best will in the world, negotiators will almost always face moments where their interests are in direct conflict. A buyer wants a lower price, a seller a higher one. A union wants a larger