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PRAISE FOR

Getting to
YES

“Getting to YES has an unrivaled place in the literature of dispute resolution. No other book in the
field comes close to its impact on the way practitioners, teachers, researchers, and the public
approach negotiation.”

— NATIONAL INSTITUTE FOR DISPUTE RESOLUTION FORUM

“Getting to YES is a highly readable and practical primer on the fundamentals of negotiation. All
of us, as negotiators dealing with personal, community, and business problems, need to improve our
skills in conflict resolution and agreement making. This concise volume is the best place to begin.”

—JOHN T. DUNLOP

“This splendid book will help turn adversarial battling into hardheaded problem solving.”
—AVERELL HARRIMAN

“Getting to YES is a highly readable, uncomplicated guide to resolving conflicts of every
imaginable dimension. It teaches you how to win without compromising friendships. I wish I had
written it!”

—ANN LANDERS

“Getting to YES is powerful, incisive, persuasive. Not a bag of tricks but an overall approach.
Perhaps the most useful book you will ever read!”

—ELLIOT RICHARDSON

“Simple but powerful ideas that have already made a contribution at the international level are here
made available to all. Excellent advice on how to approach a negotiating problem.”

—CYRUS VANCE

2

PENGUIN BOOKS

Getting to

YES
The authors of this book have been working together since 1977.

ROGER FISHER is Williston Professor of Emeritus at Harvard School, Founder and Director
Emeritus of the Harvard Negotiation Project, and the Founding Chair of the Program on Negotiation at
Harvard School. Raised in Illinois, he served in World War II with the U.S. Army Air Force, in Paris
with the Marshall Plan, and in Washington, D.C., with the Department of Justice. He has also practiced
law in Washington and served as a consultant to the Department of Defense. He was the originator and
executive editor of the award-winning television series The Advocates. He has consulted widely with
governments, corporations, and individuals. He is the author or coauthor of numerous prize-winning
scholarly and popular books, including his most recent: Beyond Reason: Using Emotions as You
Negotiate.

WILLIAM URY is cofounder of Harvard’s Program on Negotiation and Distinguished Fellow of the
Harvard Negotiation Project. Raised in California and Switzerland, he is a graduate of Yale and Harvard,
with a doctorate in social anthropology. Ury has served as a mediator and advisor in negotiations ranging
from wildcat strikes to ethnic wars around the world. He was a consultant to the White House on
establishing nuclear risk reduction centers in Washington and Moscow. His most recent project is
Abraham’s Path, a route of cross-cultural travel in the Middle East that retraces the footsteps of
Abraham, the progenitor of many cultures and faiths. Ury’s most recent book is The Power of a Positive
No: Save the Deal, Save the Relationship, and Still Say No.

BRUCE PATTON is Cofounder and Distinguished Fellow of the Harvard Negotiation Project, cofounder
of the Program on Negotiation at Harvard School, and a founder and partner of Vantage Partners,
LLC, a consulting firm that helps Global 2000 companies negotiate and manage their most critical
relationships. As a mediator, he helped structure the settlement of the U.S.–Iranian hostage conflict,
worked with Nobel Peace Prize winner Óscar Arias to ensure the success of the Arias Peace Plan for
Central America, and worked with all parties in South Africa helping to create the constitutional process
that ended apartheid. A graduate of Harvard College and Harvard School, he is also coauthor of the
New York Times bestseller Difficult Conversations: How to Discuss What Matters Most.

3

BOOKS BY ROGER FISHER

Beyond Reason: Using Emotions as You Negotiate
(with Dan Shapiro, 2005)

Lateral Leadership: Getting Things Done When You’re NOT the Boss
(with Alan Sharp, 1998)

Coping with International Conflict: A Systematic Approach to Influence in International
Negotiation (with Andrea Kupfer Schneider,
Elizabeth Borgwardt, and Brian Ganson, 1996)

Beyond Machiavelli
(with Elizabeth Kopelman and Andrea Kupfer Schneider, 1994)

Getting Together: Building Relationships As We Negotiate
(with Scott Brown, 1988)

Improving Compliance with International (1981)

International Mediation: A Work ing Guide; Ideas for the Practitioner
(with William Ury, 1978)

International Crises and the Role of : Points of Choice (1978)

Dear Israelis, Dear Arabs: A Work ing Approach to Peace (1972)

International Conflict for Beginners (1969)

International Conflict and Behavioral Science: The Craigville Papers
(editor and coauthor, 1964)

BOOKS BY WILLIAM URY

The Power of a Positive No:
Save the Deal, Save the Relationship, and Still Say No (2007)

Must We Fight? (editor and coauthor, 2001)

The Third Side: Why We Fight and How We Can Stop (2000)

Getting Past No: Negotiating in Difficult Situations (1991, revised edition 1993)

Windows of Opportunity: From Cold War to Peaceful Competition in U.S.–Soviet Relations
(edited with Graham T. Allison and Bruce J. Allyn, 1989)

Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict
(with Jeanne M. Brett and Stephen B. Goldberg, 1988)

Beyond the Hotline: How Crisis Control Can Prevent Nuclear War (1985)

BOOKS BY BRUCE PATTON

Difficult Conversations: How to Discuss What Matters Most
(with Douglas Stone and Sheila Heen, 1999, 2nd Edition 2010)

4

5

Getting to
YES

NEGOTIATING AGREEMENT
WITHOUT GIVING IN

by ROGER FISHER

and WILLIAM URY

with BRUCE PATTON, EDITOR

• REVISED EDITIONS BY •
FISHER, URY, AND PATTON

PENGUIN BOOKS

6

PENGUIN BOOKS
Published by the Penguin Group

Penguin Group (USA) Inc., 375 Hudson Street, New York, New York 10014, U.S.A.
Penguin Group (Canada), 90 Eglinton Avenue East, Suite 700, Toronto,
Ontario, Canada M4P 2Y3 (a division of Pearson Penguin Canada Inc.)

Penguin Books Ltd, 80 Strand, London WC2R 0RL, England
Penguin Ireland, 25 St Stephen’s Green, Dublin 2, Ireland (a division of Penguin Books Ltd)

Penguin Group (Australia), 250 Camberwell Road, Camberwell,
Victoria 3124, Australia (a division of Pearson Australia Group Pty Ltd)

Penguin Books India Pvt Ltd, 11 Community Centre, Panchsheel Park, New Delhi – 110 017, India
Penguin Group (NZ), 67 Apollo Drive, Rosedale, Auckland 0632,

New Zealand (a division of Pearson New Zealand Ltd)
Penguin Books (South Africa) (Pty) Ltd, 24 Sturdee Avenue,

Rosebank, Johannesburg 2196, South Africa
Penguin Books Ltd, Registered Offices:
80 Strand, London WC2R 0RL, England

First published in the United States of America by Houghton Mifflin Company 1981
Published in Penguin Books 1983

Second edition published 1991
This third edition published 2011

1 3 5 7 9 10 8 6 4 2
Copyright © Roger Fisher and William Ury, 1981, 1991

Copyright © Roger Fisher, William Ury, and Bruce Patton, 2011
All rights reserved

Research at Harvard University is undertaken with the expectation of publication. In such publication the
authors alone are responsible for statements of fact, opinions, recommendations, and conclusions

expressed. Publication in no way implies approval or endorsement by Harvard University, any of its
faculties, or by the President and Fellows of Harvard College.

LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA
Fisher, Roger, 1922–

Getting to yes : negotiating agreement without giving in / by Roger Fisher, William Ury,
and Bruce Patton. — 3rd ed.

p. cm.
ISBN 9781101539545

1. Negotiation. I. Ury, William. II. Patton, Bruce. III. Title.
BF637.N4F57 2011

158′.5—dc22 2011006319
Except in the United States of America, this book is sold subject to the condition that it shall not, by way of
trade or otherwise, be lent, resold, hired out, or otherwise circulated without the publisher’s prior consent in

any form of binding or cover other than that in which it is published and without a similar condition
including this condition being imposed on the subsequent purchaser.

The scanning, uploading, and distribution of this book via the Internet or via any other means without the
permission of the publisher is illegal and punishable by law. Please purchase only authorized electronic

editions, and do not participate in or encourage electronic piracy of copyrighted materials. Your support of
the author’s rights is appreciated.

7

8

To our fathers,
WALTER T. FISHER, MELVIN C. URY,

and WILLIAM E. PATTON,
who by example taught us the power of principle.

9

Preface to the Third Edition

Thirty years have now passed since the initial publication of Getting to YES.
We are delighted and humbled that so many people from so many places
around the world continue to find it helpful in transforming their conflicts and
negotiating mutually satisfying agreements. Little did we know at the time of its
publication that this slender book would become a reference point in a quiet
revolution that has over the course of three decades changed the way we make
decisions within our families, organizations, and societies.

The negotiation revolution

A generation ago, the prevailing view of decision-making in most places was
hierarchical. The people at the top of the pyramids of power—at work, in the
family, in politics—were supposed to make the decisions and the people at the
bottom of the pyramids to follow the orders. Of course, the reality was always
more complicated.

In today’s world, characterized by flatter organizations, faster innovation,
and the explosion of the Internet, it is clearer than ever that to accomplish our
work and meet our needs, we often have to rely on dozens, hundreds, perhaps
thousands of individuals and organizations over whom we exercise no direct
control. We simply cannot rely on giving orders—even when we are dealing
with employees or children. To get what we want, we are compelled to
negotiate. More slowly in some places, more rapidly in others, the pyramids of
power are shifting into networks of negotiation. This quiet revolution, which
accompanies the better-known knowledge revolution, could well be called the

10

“negotiation revolution.”
We began the first edition of Getting to YES with the sentence: “Like it or

not, you are a negotiator.” Back then, for many readers, that was an eye opener.
Now it has become an acknowledged reality. Back then, the term “negotiation”
was more likely to be associated with specialized activities such as labor
talks, closing a sale, or perhaps international diplomacy. Now almost all of us
recognize that we negotiate in an informal sense with just about everyone we
meet from morning to night.

A generation ago, the term “negotiation” also had an adversarial
connotation. In contemplating a negotiation, the common question in people’s
minds was, “Who is going to win and who is going to lose?” To reach an
agreement, someone had to “give in.” It was not a pleasant prospect. The idea
that both sides could benefit, that both could “win,” was foreign to many of us.
Now it is increasingly recognized that there are cooperative ways of
negotiating our differences and that even if a “win-win” solution cannot be
found, a wise agreement can still often be reached that is better for both sides
than the alternative.

When we were writing Getting to YES, very few courses taught
negotiation. Now learning to negotiate well is accepted as a core competence
with many courses offered in law schools, business schools, schools of
government, and even in quite a few primary, elementary, and high schools.

In short, the “negotiation revolution” is now in full sway around the world,
and we take heart that the commonsense tenets of principled negotiation have
spread far and wide to good effect.

The work ahead

Still, while progress has been considerable, the work is far from done. Indeed,
at no time in the last three decades can we recall a greater need for negotiation
based on a joint search for mutual gains and legitimate standards.

A quick survey of the news on almost any day reveals the compelling need
for a better way to deal with differences. How many people, organizations, and
nations are stubbornly bargaining over positions? How much destructive
escalation results in bitter family feuds, endless lawsuits, and wars without
end? For lack of a good process, how many opportunities are being lost to find
solutions that are better for both sides?

11

Conflict remains, as we have noted, a growth industry. Indeed, the advent
of the negotiation revolution has brought more conflict, not less. Hierarchies
tend to bottle up conflict, which comes out into the open as hierarchies give
way to networks. Democracies surface rather than suppress conflict, which is
why democracies often seem so quarrelsome and turbulent when compared
with more authoritarian societies.

The goal cannot and should not be to eliminate conflict. Conflict is an
inevitable—and useful—part of life. It often leads to change and generates
insight. Few injustices are addressed without serious conflict. In the form of
business competition, conflict helps create prosperity. And it lies at the heart
of the democratic process, where the best decisions result not from a
superficial consensus but from exploring different points of view and searching
for creative solutions. Strange as it may seem, the world needs more conflict,
not less.

The challenge is not to eliminate conflict but to transform it. It is to change
the way we deal with our differences—from destructive, adversarial battling
to hard-headed, side-by-side problem-solving. We should not underestimate
the difficulty of this task, yet no task is more urgent in the world today.

We are living in an age that future anthropologists might look back on and
call the first human family reunion. For the first time, the entire human family is
in touch, thanks to the communications revolution. All fifteen thousand or so
“tribes” or language communities on this planet are aware of one another
around the globe. And as with many family reunions, it is not all peace and
harmony, but marked by deep dissension and resentment of inequities and
injustices.

More than ever, faced with the challenges of living together in a nuclear
age on an increasingly crowded planet, for our own sake and the sake of future
generations, we need to learn how to change the basic game of conflict.

In short, the hard work of getting to “yes” has just begun.

This edition

We have often heard from readers that Getting to YES continues to serve as an
accessible guide to collaborative negotiation in a wide variety of fields. At the
same time, we realize a younger audience is sometimes puzzled by stories and
examples that were common knowledge thirty years ago, and many readers are

12

curious about contemporary cases. So in this edition we have undertaken a
careful revision and updating of examples and added some new ones where
appropriate.

We have added to our toolbox considerably in thirty years, as captured in
such books as Getting Past No, Difficult Conversations, Beyond Reason, and
The Power of a Positive No, each of which explores important challenges in
dealing collaboratively and effectively with serious differences. We’ve made
no attempt to summarize all of that material here, since one of the virtues of
Getting to YES is that it is short and clear. Instead, in this revision we have
added a few relevant ideas where they help clarify our intent, and in other
places made slight revisions to update our thinking. For example, we have
made our answer to the final question in the book about negotiation power fully
consistent with the “seven elements of negotiation” framework we teach at
Harvard School.

One adjustment we considered, but ultimately rejected, was to change the
word “separate” to “disentangle” in “separate the people from the problem,”
the powerful first step in the method of principled negotiation. Some readers
have taken this phrase to mean leave aside the personal dimension of
negotiation and just focus on the substantive problem, or to ignore emotional
issues and “be rational.” That is not our intent. Negotiators should make
dealing with people issues a priority from the beginning to the end of a
negotiation. As the text states at the start, “Negotiators are people first.”

Our belief is that by disentangling the people from the problem you can be
“soft on the people” while remaining “hard on the problem.” So long as you
remain respectful and attentive to people issues, you should be able to
strengthen a relationship even as you disagree about substance.

Finally, we have added a bit of material on the impact of the means of
communication in negotiation. The growth of email and texting and the creation
of global “virtual” organizations has made this an important variable,
especially in light of research showing its impact on negotiation dynamics and
results.

Our human future

We are each participants in a pioneering generation of negotiators. While
negotiation as a decision-making process has been around since the beginning

13

of the human story, never has it been so central to human life and the survival
of our species.

As the negotiation revolution unfolds, our aspiration is that the principles in
this book continue to help people—individually and collectively—negotiate
the myriad dilemmas in their lives. In the words of the poet Wallace Stevens:
“After the final no there comes a yes and on that yes the future world depends.”

We wish you much success in getting to that yes!
Roger Fisher
William Ury
Bruce Patton

14

Preface to the Second Edition

During the last ten years negotiation as a field for academic and professional
concern has grown dramatically. New theoretical works have been published,
case studies have been produced, and empirical research has been undertaken.
Ten years ago very few professional schools offered courses on negotiation;
now they are all but universal. Universities are beginning to appoint faculty
who specialize in negotiation. Consulting firms now do the same in the
corporate world.

Against this changing intellectual landscape, the ideas in Getting to YES
have stood up well. They have gained considerable attention and acceptance
from a broad audience and are frequently cited as starting points for other
work. Happily, they remain persuasive to the authors as well. Most questions
and comments have focused on areas in which the book has proven ambiguous,
or where readers have wanted more specific advice. We have tried to address
the most important of these topics in this revision.

Rather than tampering with the text (and asking readers who know it to
search for changes), we have chosen to add new material in a separate section
at the end of the second edition. The main text remains complete and unchanged
from the original, except for updating the figures in examples to keep pace with
inflation and rephrasing in a few places to clarify meaning and eliminate sexist
language. We hope that our answers to “Ten Questions People Ask About
Getting to YES” prove helpful and meet some of the interests readers have
expressed.

We address questions about (1) the meaning and limits of “principled”
negotiation (it represents practical, not moral, advice); (2) dealing with

15

someone who seems to be irrational or who has a different value system,
outlook, or negotiating style; (3) questions about tactics, such as where to meet,
who should make the first offer, and how to move from inventing options to
making commitments; and (4) the role of power in negotiation.

More extensive treatment of some topics will have to await other books.
Readers interested in more detail about handling “people issues” in negotiation
in ways that tend to establish an effective working relationship might enjoy
Getting Together: Building Relationships as We Negotiate, by Roger Fisher
and Scott Brown, also available from Penguin Books. If dealing with difficult
people and situations is more your concern, look for Getting Past No:
Negotiating in Difficult Situations, by William Ury, published by Bantam
Books. No doubt other books will follow. There is certainly much more to say
about power, multilateral negotiations, cross-cultural transactions, personal
styles, and many other topics.

Once again we thank Marty Linsky, this time for taking a careful eye and a
sharp pencil to our new material. Our special thanks to Doug Stone for his
discerning critique, editing, and occasional rewriting of successive drafts of
that material. He has an uncanny knack for catching us in an unclear thought or
paragraph.

Roger Fisher
William Ury
Bruce Patton

For more than a dozen years, Bruce Patton has worked with us in
formulating and explaining all of the ideas in this book. This past year he has
pulled the laboring oar in converting our joint thinking into an agreed text. It is
a pleasure to welcome Bruce, editor of the first edition, as a full coauthor of
this second edition.

R.F.
W.U.

16

Acknowledgments

This book began as a question: What is the best way for people to deal with
their differences? For example, what is the best advice one could give a
husband and wife getting divorced who want to know how to reach a fair and
mutually satisfactory agreement without ending up in a bitter fight? Perhaps
more difficult, what advice would you give one of them who wanted to do the
same thing? Every day, families, neighbors, couples, employees, bosses,
businesses, consumers, salesmen, lawyers, and nations face this same dilemma
of how to get to yes without going to war. Drawing on our respective
backgrounds in international law and anthropology and an extensive
collaboration over the years with practitioners, colleagues, and students, we
have evolved a practical method for negotiating agreement amicably without
giving in.

We have tried out ideas on lawyers, businessmen, government officials,
judges, prison wardens, diplomats, insurance representatives, military officers,
coal miners, and oil executives. We gratefully acknowledge those who
responded with criticism and with suggestions distilled from their experience.
We benefited immensely.

In truth, so many people have contributed so extensively to our learning
over the years that it is no longer possible to say precisely to whom we are
indebted for which ideas in what form. Those who contributed the most
understand that footnotes were omitted not because we think every idea
original, but rather to keep the text readable when we owe so much to so many.

We could not fail to mention, however, our debt to Howard Raiffa. His kind
but forthright criticism has repeatedly improved the approach, and his notions

17

on seeking joint gains by exploiting differences and using imaginative
procedures for settling difficult issues have inspired sections on these subjects.
Louis Sohn, deviser and negotiator extraordinaire, was always encouraging,
always creative, always looking forward. Among our many debts to him, we
owe our introduction to the idea of using a single negotiating text, which we
call the One-Text Procedure. And we would like to thank Michael Doyle and
David Straus for their creative ideas on running brainstorming sessions.

Good anecdotes and examples are hard to find. We are greatly indebted to
Jim Sebenius for his accounts of the of the Sea Conference (as well as for
his thoughtful criticism of the method), to Tom Griffith for an account of his
negotiation with an insurance adjuster, and to Mary Parker Follett for the story
of two men quarreling in a library.

We want especially to thank all those who read this book in various drafts
and gave us the benefit of their criticism, including our students in the January
Negotiation Workshops of 1980 and 1981 at Harvard School, and Frank
Sander, John Cooper, and William Lincoln, who taught those workshops with
us. In particular, we want to thank those members of Harvard’s Negotiation
Seminar whom we have not already mentioned; they listened to us patiently
these last two years and offered many helpful suggestions: John Dunlop, James
Healy, David Kuechle, Thomas Schelling, and rence Susskind. To all of
our friends and associates we owe more than we can say, but the final
responsibility for the content of this book lies with the authors; if the result is
not yet perfect, it is not for lack of our colleagues’ efforts.

Without family and friends, writing would be intolerable. For constructive
criticism and moral support we thank Caroline Fisher, David Lax, Frances
Turnbull, and Janice Ury. Without Francis Fisher this book would never have
been written. He had the felicity of introducing the two of us some four years
ago.

Finer secretarial help we could not have had. Thanks to Deborah Reimel
for her unfailing competence, moral support, and firm but gracious reminders,
and to Denise Trybula, who never wavered in her diligence and cheerfulness.
And special thanks to the people at Word Processing, led by Cynthia Smith,
who met the test of an endless series of drafts and near impossible deadlines.

Then there are our editors. By reorganizing and cutting this book in half,
Marty Linsky made it far more readable. To spare our readers, he had the good
sense not to spare our feelings. Thanks also to Peter Kinder, June Kinoshita,

18

and Bob Ross. June struggled to make the language less sexist. Where we have
not succeeded, we apologize to those who may be offended. We also want to
thank Andrea Williams, our adviser; Julian Bach, our agent; and Dick McAdoo
and his associates at Houghton Mifflin, who made the production of this book
both possible and pleasurable.

Finally, we want to thank Bruce Patton, our friend and colleague, editor and
mediator. No one has contributed more to this book. From the very beginning
he helped brainstorm and organize the syllogism of the book. He has
reorganized almost every chapter and edited every word. If books were
movies, this would be known as a Patton Production.

Roger Fisher
William Ury

For the second edition of this book we would like to thank Jane von
Mehren, our long-time editor at Penguin Books, for her support,
encouragement, and enthusiasm in making the second edition happen. With the
third edition, Rick Kot has admirably filled that role and we are grateful for
his patience, good sense, and fine editorial hand. Without Rick, this update
might not have seen the light of day.

We also thank Mark Gordon, Arthur Martirosyan, and our friends at Mercy
Corps for the account of Iraqi farmers negotiating with the national oil
company.

R.F.
W.U.
B.P.

19

Contents

Preface to the Third Edition
Preface to the Second Edition
Acknowledgments
Introduction

I THE PROBLEM
1 Don’t Bargain Over Positions

II THE METHOD
2 Separate the People from the Problem
3 Focus on Interests, Not Positions
4 Invent Options for Mutual Gain
5 Insist on Using Objective Criteria

III YES, BUT …
6 What If They Are More Powerful?

(DEVELOP YOUR BATNA—BEST ALTERNATIVE TO A NEGOTIATED AGREEMENT)
7 What If They Won’t Play?

(USE NEGOTIATION JUJITSU)
8 What If They Use Dirty Tricks?

(TAMING THE HARD BARGAINER)

IV IN CONCLUSION

V TEN QUESTIONS PEOPLE ASK ABOUT GETTING TO YES
QUESTIONS ABOUT FAIRNESS AND “PRINCIPLED” NEGOTIATION
QUESTIONS ABOUT DEALING WITH PEOPLE
QUESTIONS ABOUT TACTICS
QUESTIONS ABOUT POWER

ANALYTICAL TABLE OF CONTENTS

20

A NOTE ON THE HARVARD NEGOTIATION PROJECT

21

Introduction

Like it or not, you are a negotiator. Negotiation is a fact of life. You discuss a
raise with your boss. You try to agree with a stranger on a price for his house.
Two lawyers try to settle a lawsuit arising from a car accident. A group of oil
companies plan a joint venture exploring for offshore oil. A city official meets
with union leaders to avert a transit strike. The United States Secretary of State
sits down with his Russian counterpart to seek an agreement limiting nuclear
arms. All these are negotiations.

Everyone negotiates something every day. Like Molière’s Monsieur
Jourdain, who was delighted to learn that he had been speaking prose all his
life, people negotiate even when they don’t think of themselves as doing so.
You negotiate with your spouse about where to go for dinner and with your
child about when the lights go out. Negotiation is a basic means of getting what
you want from others. It is back-and-forth communication designed to reach an
agreement when you and the other side have some interests that are shared and
others that are opposed (as well as some that may simply be different).

More and more occasions require negotiation; conflict is a growth industry.
Everyone wants to participate in decisions that affect them; fewer and fewer
people will accept decisions dictated by someone else. People differ, and they
use negotiation to handle their differences. Whether in business, government,
or the family, people reach most decisions through negotiation. Even when they
go to court, they almost always negotiate a settlement before trial.

Although negotiation takes place every day, it is not easy to do well.
Standard strategies for negotiation often leave people …

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