Making Negotiation Win-Win

Using current negotiation models, people feel they are giving up more than they want in exchange for receiving less than they deserve. As part of standard practice, negotiation partners going into a negotiation calculate their bottom line – what they are willing to give up, and what they are willing to accept – and then fight, argue, cajole, or threaten when their parameters aren’t met. People have been killed for this. But there is another way.

In 1997, Bill Ury and I had to read each other’s books (my book was Selling with Integrity) in preparation for working together for KPMG. Before our introductory lunch meeting in Santa Fe, I read Getting To Yes (where BATNA – Best Alternative to a Negotiated Agreement – originated), marked the areas I disagreed with in red, and sent the marked book back to Bill. There was a lot of red: his book teaches how to get what you want (potentially win-lose) rather than how everyone can walk away satisfied (win-win). After much discussion during lunch he agreed with me.

Beliefs

Win-lose is an incongruity. If one person loses, everyone loses – hence there is only win-win or lose-lose. Yet in the typical negotiation process it’s hard to find a win when the ‘things’ being bartered are not ‘things’ at all but representations of unconscious, subjective beliefs and personal values (termed Criterial Equivalents in NLP). And neither negotiation partner understands the values these items represent to the other: a house in the country might represent a lifetime goal to one person, and just a place to live to another; a $1,000,000 settlement might illustrate payback for a lost, hard-won reputation to one person, and extortion to another. When much younger, I spent a fortune on a 14K gold waist chain, believing that this decadent indulgence defined me as ‘making it.’ Seriously.

It’s possible to take the negotiation beyond the ‘things’ being bartered, away from the personal and defended ‘representation’ factor, and chunk up to find mutually shared values agreeable to both – and then find ‘things’ that represent them. So it might be initially hard to agree who should get ‘the house’, but it might be possible to agree that it’s important everyone needs a safe place to live.

Focus On Shared Values First

Try this:

enter the negotiation with a list of somewhat generic high-level values that are of foundational importance, such as Being Safe; Fair Compensation;
share lists and see where there is agreement. Where there is no agreement, continue chunking up higher until a set of mutually comfortable criteria are found. A chunk up from Fair Compensation might be ‘Compensation that Values Employees’;
list several possible equivalents that match each agreeable criterion. So once Compensation that Values Employees is agreed upon during a salary negotiation, each partner should offer several different ways it could be achieved, such as a higher salary, or extra holidays, or increased paid training days, or a highly sought-after office, or higher royalties;
continue working backward – from agreement with high-level, foundational criteria, down to the details and choices that might fulfill that goal, with all parties in agreement.

Discussions over high level values are often more generic, and far less likely to set off tempers than arguments over ‘things’: if nothing else, it’s easier for negotiation partners to listen to each other without getting defensive. And once values are attended to and people feel heard they become more flexible in the ‘things’ they are willing to barter: once Compensation that Values Employees is agreed to, it’s possible to creatively design several choices for an employee to feel fairly valued without an employer stretching a tight budget.

About the Author

Sharon Drew Morgen is founder of Morgen Facilitations, Inc. (www.newsalesparadigm.com). She is the visionary behind Buying Facilitation^®, the decision facilitation model that enables people to change with integrity. A pioneer who has spoken about, written about, and taught the skills to help buyers buy, she is the author of the acclaimed New York Times Business Bestseller Selling with Integrity and Dirty Little Secrets: Why buyers can’t buy and sellers can’t sell and what you can do about it.