home  /  library  /  getting-to-yes
Books

Getting to Yes: Negotiating Agreement Without Giving In

Roger Fisher and William Ury, with Bruce Patton · 1981; revised editions since · Penguin Books

Structure & financingPreparing to sellPrincipals negotiating the deal of their life against professionals
Why it is on the shelf. The canonical text of principled negotiation, interests over positions, options before commitments, objective criteria, and the BATNA, and the fastest structural education for an owner about to negotiate a letter of intent against people who negotiate for a living.

The Institute's reading

Fisher and Ury’s method replaces positional haggling with four disciplines: separate the people from the problem; negotiate over underlying interests rather than stated positions; invent options for mutual gain before dividing value; and insist on objective criteria so agreement rests on standards rather than stamina. Above all sits the BATNA, the best alternative to a negotiated agreement: power in a negotiation is the ability to walk away well, and it is built before the table, not at it.

The Institute’s reading: acquisition negotiations are interest-rich terrain where this framework genuinely pays: a seller’s position of “more cash at close” may be an interest in certainty that an escrow structure serves better; a buyer’s indemnity demand may be an interest a representations and warranties policy satisfies. And the BATNA doctrine is this site’s standing advice wearing its original clothes: the prepared seller’s alternative buyer and the disciplined buyer’s walk-away number are the same weapon. Read it before the LOI, when your leverage is at its peak.

Key propositions

  • Negotiate interests, not positions; most deal impasses are position collisions hiding compatible interests.
  • The BATNA is the source of negotiating power, and it is constructed before the negotiation.
  • Objective criteria, market studies, benchmarks, appraisals, convert arguments of will into arguments of standards.

In practice

  • Before the LOI, write your interests, your BATNA and your criteria on one page; negotiate from the page.

Where authorities disagree

Voss, on this shelf, argues the rational-agreement frame underweights emotion and that “yes” is often meaningless; read Fisher for the structure and Voss for the human across the table, and notice how often they converge in practice.

Acquisition Conciergeorientation · not legal, tax or valuation advice
Happy to dig into it. What would you like to pressure-test from Getting to Yes: Negotiating Agreement Without Giving In: one of its propositions, how it applies to your situation, or where it disagrees with the rest of the shelf?