Getting to Yes: Focus on Interests Not Positions

Bob Meynardie Mediation Theory

By far the most often quoted tenet of “the Method” is to avoid positional bargaining and instead focus on the underlying interests of the opposite sides. Fisher & Ury illustrate their point with the story of two people in a library arguing over whether a window should be open or closed. The opposing positions are open on the one hand …

Bob MeynardieGetting to Yes: Focus on Interests Not Positions

Getting to Yes: Separate the People from the Problem

Bob Meynardie Mediation Theory, Negotiation

The first tenet of what Fisher & Ury call “The Method” is to separate the people from the problem. Although I think I understood their point when I first read the book, over time what stuck with me was the title not the underlying principal. As an advocate and mediator dealing primarily with business disputes, it is tempting to try …

Bob MeynardieGetting to Yes: Separate the People from the Problem

Back To The Basics

Bob Meynardie Mediation Theory, Negotiation

I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without naming names, each new source has been insightful and a new perspective on the negotiation process that every one of us is involved in every day. Almost without exception, however, each new source compares itself …

Bob MeynardieBack To The Basics

Different Strokes

Bob Meynardie Mediation Experiences, Negotiation

At one mediation I heard counsel accuse the plaintiffs of lying and engaging in “litigation lottery,” hoping for a big payoff. This mediation was over before it began. At another mediation, counsel for one party repeatedly accused the other party of lying under oath. That mediation resulted in a settlement favorable to the party making the accusation. So, what’s the …

Bob MeynardieDifferent Strokes

Decision-Making In The Face Of Uncertainty

Bob Meynardie Negotiation

It is the rare successful mediation that does not lead one party or both to wonder whether they could have gotten more or given up less. What makes mediated settlement conferences so interesting (and difficult) is the need to make important decisions in a confined period of time without knowing what the other side is willing to accept or give …

Bob MeynardieDecision-Making In The Face Of Uncertainty