BACHELOR OF LAWS

PERSONAL JOURNAL
COURSE UNIT: CLINICAL LEGAL EDUCATION(CLE)

CHAPTER 2
Getting to YES:by Roger Fisher, William Ury and Bruce
Patton

This paper has been compiled and submitted by;

ARINDA OSBERT llb3

M22B11/017
arindaosbert123@gmail.com
UCU- SCHOOL OF LAW
JOURNAL ON CHAPTER 2 OF GETTING TO YES.

Analysis of Chapter 2 of Getting to YES:by Roger Fisher, William Ury and Bruce Patton

9:20 AM Thursday, 26 th September 2024

INTRODUCTION

The book “Getting to yes” is a seminal book by Roger Fisher, William Ury and Bruce Patton,

on negotiating and reaching to a yes, which is a viable agreement in a negotiation .This book

has since become a classic tool of negotiations and conflict resolution. The heart and soul of

this seminal literature is to get the readers mind from what the authors term “the underhanded

methods of positional bargaining to the esteemed Harvard Negotiation Project Model”.

This journal labours ;to scrutinize lessons form Chapter 2 of the book and the Thursday, 26 th

September 2024 Negotiation role play by members of the group ;and to judge the the

impressions of the roles by the Group members incorporated in Chapter 2 of the book with

examples from the play illustrated with high regard to the standards set by authors Roger

Fisher and William Ury

First things 1st, chapter 2 talks emphasizes that separate the people from the problem. The above clearly

means treating the other party as a partner, not an adversary, showing respect and empathy for their

perspective and feelings. It is therefore important that during preparation, and throught the negotiation

process, we pay attention not only to our goals but also how we interact with others involved in the

negotiation. Squarely, and with reference to the role play, both the buyer(Mugisha) and the

seller(Zavuga) didn’t not separate themselves from the problem, but rather looked at one another as the

problem instead of understanding the other’s perception. At some point the lawyer for the buyer took it

personal when he stated that “we shall get the money back” instead of convincing him that they will

come up with a better solution. The chapter 2 elucidates about the interests, and its clear that every

negotiator has two interests to wit; in substance and in the relationship. Basically when people are

trying to come to an agreement they want the outcome of the negotiation to benefit them in some way,

therefore successful negotiation require mutual understanding and respect for each other’s interest

while maintaining positive relationships for future dealings together. This was reflected in the role paly

when the negotiator(Atim Catherine Hope) settled the issues between the buyer and seller (Zavuga
Leon Mark and Mugisha Joseph) amicably so as to maintain a good relationship and ably represented

both their interests.

Roger Fisher in chapter 2 further emphasizes the principle of perception, and that one way to deal

with differing perceptions is to make them explicit and discuss them with the other side. This was so

vivid in the role play when the seller and buyer (Zavuga Leon Mark and Mugisha Joseph) stated their

perception. The buyer(Mugisha) wanted his money back because the house he had partially paid for

was in a devastating state with a licking rook as it rained on the inspector(Mr charles) while he

inspected the house, whereas on the seller(Zavuga) didn’t want to give back the money but rather

expected his balance. On this note, the group must be commended for being innovative of the rain

water they show cased.

Roger Fisher further verbalizes inventing options for mutual gain which points to working together to

create options that will satisfy both parties. He says that inventing is not part of peoples’ minds hence

they think that bringing in new ideas will confuse them and take more of their time or delay the process.

With reference to the role play, the negotiator invented options to wit; “either the buyer pays the whole

sum of the house and the seller repairs the house or the seller reduces the money of the house so that

the buyer can incur the expenses of repairing.” The chapter 2 is unequivocal that separate the invention

from the decision, which implies that one should come up with a variety of options, then decide later

which option is best best. This allows brainstorming which can produce as many ideas as possible to

solve the problem at hand. During this brainstorming give them a stake in the outcome by making sure

they participate in the process therefore an agreement becomes easier if both parties feel ownership of

the ideas, if they are not involved in the process they are hardly likely to approve the product.

The chapter teaches me to separate people from the problem . It is very important to put aside our

emotions, personal feelings so as to work out any agreement which may produce a psychological

commitment to a mutually satisfactory outcome. The failure to put yourself in other people’s shoes

while dealing with others can be disastrous for negotiations and it is worth asking yourself “and paying

attention to the people’s problem”. I learnt that the problem in negotiations is not only focused on

conflicting positons but rather the conflict between each side’s needs, desires and concerns. The

chapter also talks about making your interests known which mugisha did as he made his offer to

Zavuga and finally, that negotiation is not only about winning but also focused on inventing options for

mutual gain.