Getting to Yes, Chapter 3 – Focus on Interests, Not Positions

Two men are arguing in the library.  One wants the window open, and the other wants it closed.  They are at an impasse.

The librarian asks the men why they are taking opposing positions.  The man who wants the window open just wants some fresh air.  The man wanting it closed doesn’t want a draft blowing on him.

So the librarian opens the window in the next room, bringing in fresh air without a draft.

Ury and Fisher tell this story in Chapter 3 of Getting to Yes to show how taking a position – without knowing each other’s interests – can lead to an impasse; when exposing interests can lead to mutual agreements that satisfy both parties to a negotiation.

We typically take positions and make proposals in collective bargaining between unions and management.  Those positions often mask the underlying interests of the parties.  We get locked into our positions – we staunchly defend them, giving in to compromise in gradual concessions.  At best, this typical negotiating dance leads to compromise.  At worst, we reach impasse.  It is an adversarial process that often becomes personal and emotional, damaging the parties’ relationship along the way; with neither party getting what they truly need.

A focus on interests without positions, on the other hand, can lead to multiple and creative ways to satisfy those interests.  We can talk about our interests without getting positional and angry. 

Chapter 3 asks us to look hard for people’s interests, then craft a multitude of possible options to satisfy those interests.

But how do we go about identifying interests?

We talk about them together.  Management explains what they hope to fix and improve by negotiating.  The union, in turn, does the same.  Each party must listen attentively.  Quit focusing on past grievances and focus on the future.  Be specific and provide concrete details that illustrate the legitimacy of your interests.

People listen to you when they feel they have been listened to and understood.  If you want the other side to appreciate your interests, demonstrate that you understand and appreciate their interests.  Show empathy – put yourself in their shoes.  Build trust.

Use language in your inquiries, such as, “Correct me if I’m wrong, but I sense…,” or, “As I understand it, your interests are…,” to show that you are flexible, seeking to understand, and have an open mind.  Open dialogue along those lines fulfills the “good faith” bargaining requirements in the National Labor Relations Act. 

Go to the table with several options that may satisfy your interests as well as theirs.  “Options” will resonate more softly and show more flexibility than “positions.”  Fine-tune your options and create new options together after interests have been explored so see if any might work.

It is unwise to commit yourself rigidly to a position – but it is wise to commit to your interests.  Attack problems without blaming people (remember – be hard on the problems, soft on the people).  Listen actively, using repeat-backs and rephrasing.  Show respect, courtesy, and appreciation for their time and effort.  And show your concern for satisfying their basic needs of safety, economic well-being, belonging, recognition and control over their lives.

The authors say a rule of thumb is to give positive support to the people on the other side that is equal in strength to the vigor you display in emphasizing your interests and describing your problems.

None of this is easy.  Interest-based negotiations are hard work – especially for those of us who grew our labor relations careers learning and deploying traditional, position-based approaches.  But this focus on interests and options is a mutually rewarding practice that can strengthen trust and relationships while satisfying all parties’ needs.

We will visit Chapter 4 in the coming months.  In the meantime, please reach out to Gary Kleckner, MARC Vice President: 216-973-7323 and see how MARC can help identify and satisfy your interests in a strong and engaged workforce.