Getting to Yes Negotiaion Exercise

2988 Words Apr 12th, 2011 12 Pages
Andrew W. Darlington
Student ID 112635
Mountain State University
School of Graduate Studies

GCJA 504 Transforming Organizational Cultures

Spring 2011 Semester
Submitted in Partial Fulfillment
Getting to Yes Without Giving In
Negotiation Exercise

For Program Requirements


Master of Criminal Justice Administration (M.C.J.A.)

Andrew W. Darlington
March 24, 2011
Negotiations occur in our everyday lives, both in our professional and personal experiences. We must learn to master the art of negotiation not only to get the things we want, but to assist us in dealing with people and separating the person from the problem. One suggested way to do this in the text “Getting to Yes: Negotiating Agreement Without Giving
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After taking who the defendant in the case was out of the equation, I next focused on the interests not the positions. It is good to see someone who has victimized others to be locked away for as long as possible and receive a “just punishment”. As part of the second step, my ultimate goal was to ensure that David received a fair punishment and reduced his likelihood of recidivism for similar actions. The third step involves inventing options for mutual gain. In this type of situation you do not want the defendant to gain anything, but if the defense does not feel they are getting something in return it can drag out the legal process and frustrate both parties. I examined the charges and determined which were the most important and what the ultimate results I wanted from this plea agreement. In the fourth step I used an objective criterion. What do others in this type of situation receive in punishment for these types of crimes? I knew that probation was unacceptable, and that I had to make a suggestion of what a fair amount of incarceration would be based on impartial sources of state code and precedent (Fisher, Ury, & Patton, 1991).
During the negotiation, I attempted to ensure that there were no misunderstandings or emotions that would obstruct agreements or reinforce prejudices. I wanted to ensure that not only the other side, but also the prosecutor and judge in the case understood my perception and basis for

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