Essay - Legal Environments of Business Review and Analysis of Roger Fisher...

legal environments of business

Review and Analysis of Roger Fisher and William Ury's Getting to Yes: Negotiating Agreement Without Giving In Introduction

Persuading other people to participate in mediation or another problem-solv*****g process can be an en*****mous challenge, but getting them to agree on a settlement may represent an even bigger ***** (Blackburn & Bruce 1995). Today, as more and more individuals and companies are resorting to litigati***** to solve their differences, alternative conflict resolution methods are emerging to avoid the enormous costs ********** with formal proceedings in busy American courts. In their book, Getting to Yes: Negotiating ***** Without ***** *****, Roger ***** and William Ury provide some timely guidance on how ***** approach negotiations without losing sight ***** what is actually important, as well as several steps that can be followed to help achieve th***** goal. This paper provides a review and analysis of Fisher ***** Ury's *****, followed by the author's personal views and assessment of these issues. A summary of the research will be provided in the conclusion.

Review and Discussion

Background and Overview. *****ccord*****g to Charles R. Epp, it is widely recognized ***** the overall organizational environment in the United States has *****come more and more legalized, in the sense that basic decision-making processes and substantive policies in public organizations are increasingly influenced ***** legal rules ***** procedural requirements that are enforceable in the judicial system (Epp 2000:407). Marc Galanter (1992) likewise observed that life ***** the United States (and ***** o*****r societies) is becoming increasingly subject to legal forms and procedures, ***** by lawyers, and governed by formal regulations. In an essay by Folger et al., the point is made that, "Conflict is, by nature, interactive. It is never wholly under one person's control.... ***** interaction cycles acquire a momentum ***** their own. They tend in a def*****ition direction -- toward esc*****ation, toward ********** and suppression, or toward productive work on the *****" (409). ***** ********** book, Getting to Yes: ***** Agreement Without Giving In, authors *****oger Fisher and William Ury provide an excellent introduction to the key elements of a consensual approach to *****. All *****o frequently, they say, conflicts in the workplace are framed entirely around contrast*****g positions, a tendency that only serves to constrain the scope of possible agreements to ***** range between the two positions. By contrast, a focus on underlying interests or c*****cerns *****s to a much wider set ***** options that take in***** account the fundamental ***** at play. This focus on interests has been widely disseminated through their book, ***** to Yes (Gleas***** 1997).

According to Bernstein (*****), "Principled negotiation accepts that most conflicts can be converted into win-win rather than win-lose games. The essential task of parties engaged in principled negotiation is to identify their common interests in resolv*****g the conflict and distinguish ***** from interests that belong to ***** separate parties" (23). In their *****, Getting to Yes, ***** and Ury provide "the exemplar of effective communication and developed the basic theoretical tenets of principled