Negotiation Process: The Game Before the Game

Syed Ameer Ali

What is a negotiation?
More than one actor
Conflict of interest Interdependent relationship No pre-existing mechanism for dispute resolution Attitude of actors desire to resolve the conflict peacefully

Definition of Negotiation
Negotiation is an interpersonal decisionmaking process, necessary whenever we cannot achieve our objectives single-handedly.

Negotiation Phases
Before the Table
Pre-Negotiation Planning the negotiation

At the Table
Negotiation Strategies Negotiation Tactics

After the Table

Implementation of the Agreement BATNAs Best Alternative to Negotiated Agreement

Pre-Negotiation
Why pre-negotiation?
Agreement sought on 3 matters:
a) on the possibility that negotiation may prove advantageous to all parties concerned b) agreement on an agenda for talks c) agreement on the manner in which the talks should be conducted

Pre-Negotiation The Game Before the Game

Setup for negotiation is critical It is possible to win or lose before negotiations begin
Whats the problem with agreeing to negotiate?
You seem weak, you lose face in front of the domestic hardlinersit signals that you believe you cannot win through force.

Pre-Negotiation
Setting the Agenda Procedure Location Delegation

Timing

Setting the Agenda

Aren't the issues clear?
Are we negotiating over everything or issue by issue (holistic vs. sequencing) ?

Issue order
Major issues first or minor issues first. Whos issues go first?

Parsing words and meanings.

Is it FYR Macedonia negotiating with Greece or Macedonia? (the conflict over the name)

Procedure
Format of talks
Direct negotiations (between the conflict parties) Indirect negotiations (with the assistance of a 3rd party facilitator, mediator etc.)

Who is invited?
Bilateral negotiations? Multilateral negotiations?

Who talks to whom, when and where?

Venue
Location, location, location
Usually neutral locations are chosen Geneva, Vienna, the demilitarized zone between two conflict parties, a friends house for couples having a bad streak of fights

Home field advantage

Symbolism and access

What type of room, table? What type of seating arrangement? Who sits where? How big is my chair?

Delegations
Who will attend?
High-ranking officials? Low-ranking officials? Other officials?

How many people in the delegation? What expertise will the people in the delegation have?

Timing
Both parties availability
When do we start the negotiations? When will future rounds of negotiations be scheduled?

Symbolic dates and times

Dates with negative connotations are avoided (9/11 no major negotiations will be held on this day)
Make sure the date is not a bad date for the other

Scheduling concerns
Deadlines or open-ended negotiations?