The Pros and Cons of Getting to Yes – Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation

Katja Funken

University of Munich School of Law

Zeitschrift fur Konfliktmanagement

Abstract:

This paper examines the alleged shortcomings and limitations of principled bargaining in negotiation and mediation and analyses whether the criticism raised about Getting to YES can withstand closer scrutiny. After a brief introduction to the book, this paper will be divided into seven parts which will deal with the major points of criticism.

The main focus will be on the following issues:

1.  the danger of generalisation
2. the distinction between interests and positions
3. distributional bargaining and zero-sum games
4. the hard bargainer
5. power imbalances
6. objective criteria and
7. perception and cognitive biases.

The Pros and Cons of Getting to Yes – Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation