A book review by Melinda S. Gehris

In the book Beyond Reason, Roger Fisher and Daniel Shapiro, Director and Associate Director of the Harvard Negotiation Project, provide a model for using emotion in negotiations.  Beyond Reason includes theory, easy-to-follow advice, and examples from negotiations in which the authors have been involved.  Although written for negotiators, it is also helpful for mediators. 

Fisher and Shapiro remind us that emotion is always present in conflict, regardless of the type of conflict.  It is impossible for people to halt their emotions, and often an effort to ignore emotion simply causes it to spiral.  The authors provide a model for turning emotion into a productive negotiating tool.  They explain that it is not generally effective to address emotion directly, and instead they recommend that negotiators focus on five “core concerns” which generate emotion.  They identify these concerns as: appreciation, affiliation, autonomy, status and role.  These concerns generally exist in all our relationships with others.

The authors suggest that, as parties prepare for a negotiation, those involved take time to identify what emotions are triggered by these core concerns.  They recommend that the negotiator make the same effort toward all participants, believing that a negotiator who proactively addresses the core concerns can avoid the strong negative emotions that might be generated if they are ignored. 

Fisher and Shapiro devote a chapter to each of these core concerns.  The chapter titles provide a glimpse of the advice they offer:  Express Appreciation; Build Affiliation; Respect Autonomy; Acknowledge Status; and Choose a Fulfilling Role.  These aren’t just catchy titles; each chapter has substance.

For instance, in the chapter on expressing appreciation, the authors first identify obstacles to feeling appreciated.  These obstacles include failing to understand another’s point of view, criticizing the merit of another’s position, and failing to communicate any merit you might see in that position.  To overcome these obstacles, the negotiator should find ways to express some appreciation.  Listen for “meta-messages,” meaning, be aware of which words in the sentence are emphasized.  Communicate your appreciation and whatever you see of merit, even if it involves only a minor point.  Showing appreciation for another’s position does not mean giving in. 

The section of the book called “Some Additional Advice” is particularly interesting.  It includes a chapter on preparing for strong negative emotion.  Fisher and Shapiro offer insight into understanding this negative emotion and harnessing it, rather than allowing it to inappropriately control behavior; they suggest several useful techniques for negotiators and mediators to use to diffuse negative emotion.  They suggest negotiators have an emergency plan ready before negative emotions arise.  That plan should include how to cool down, how to cool others down, considering likely triggers of strong emotion and how to respond if the triggers do lead to strong emotion. 

Another chapter provides a checklist for preparing for negotiations.  For new negotiators, this checklist is invaluable.  For more seasoned negotiators, it is an important refresher.  The list alone is worth the price of the book.  At the end of the book, the authors also present a series of charts, lists, and other resources for negotiators.  These provide easy reference for negotiators who are looking for one idea that will help them through a tough negotiation.

Fisher and Shapiro do not simply introduce concepts; they also offer illustrations from negotiations from their own lives.  The examples are interesting, concise and illustrative of the points they are making.  In my favorite part of the book, Jamil Mahoud, former President of Ecuador, describes a negotiation with the President of Peru.  Mahoud  was familiar with Fisher and Shapiro and their theories.  His chapter demonstrates the use of the authors’ ideas in the real world. 

Beyond Reason focuses on negotiators getting ready for negotiation; examining their own emotional ties to the situation; considering the emotions of others; and demonstrating how to deal with these emotions in order to move the negotiation forward.  For mediators, the book provides more tools to use in difficult mediations.  The book is easy to read, but it provides truly substantive ideas and demonstrates how to implement them.

Melinda S. Gehris is an attorney with Devine, Millimet & Branch in Manchester.  She has been a member of the NH Bar since 1992 and is chair of the NHBA Alternative Dispute Resolution Section.

Beyond Reason was published in 2005 by Viking Penguin Books, New York, NY.  Readers gave this book a five-star rating (source: Amazon.com).  It may be purchased new for $25.95.  Amazon has sources for used copies also at about half the list price.

For additional resources on negotiation, consult the Summer 2005 issue of the NH Bar Journal which addresses ADR topics in the context of the practice of law. The articles are online at the Publications Archives at www.nhbar.org.

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