Negotiation INTER-AMERICAN DEFENSE COLLEGE USIP -OAS WASHINGTON, DC MAY 20, 2008
KEY POINTS • WHAT IS NEGOTIATION? • WHY NEGOTIATE? • PRINCIPLES OF NEGOTIATION
REMEMBER… • Negotiation is not giving in or giving up • Negotiation is a process, not an outcome • Negotiation is another way to achieve your objective
Draft GuidelinesUN Rules of Engagementalternatives to the use of force.Whenever the operational situation permits, every reasonable effort must be made to resolve a potential hostile confrontation or to prevent the commission of a crime or to prevent the escape of someone who has been apprehended by means other than the use of force (e.g. through negotiations or assistance from local authorities).
War Victory Surprise Combat “Peace” Both sides achieve some goals Visibility Negotiation Why do you need it?
Purposes of Negotiation • Changing behaviour = end/limit violence, stabilize situation • Avoiding use of force = since parties often comply only as long as force is applied • Using communication = achieve cooperation voluntarily • Achieving goal = without putting your power to the test and at least cost
Key Principles of Negotiation • Preparation • Relationships • Positions and interests • Best alternative to a negotiated outcome (BATNA) • Leverage
Preparation : • Pre-negotiate, when you can • Know history, culture and conflict • Use, build on experience of others • Collect information • Continue preparing, even while you are negotiating
Focus on interests…rather than positions • Positions • What people say they want • Concrete demands on specific issues • Interests • What people need • Concerns and aspirations underlying positions • Focus on positions can lead to deadlock • Focus on interests can help you achieve solutions to problems which are not what the other side first demanded
BATNA YOUR BEST ALTERNATIVE TO A NEGOTIATED AGREEMENT
Do you have leverage? LEVERAGE IS ADVANTAGE • MILITARY • ECONOMIC • INFORMATION • OTHER
Structure Three Stages of Negotiations • Stage 1: Introduction (start) • Stage 2: Substance (discussion) • Stage 3: Conclusion (end)
Introduction (The Start) Opening and welcome • Follow custom and protocol • Introductions • Agree on rules • Agree on what you are going to discuss (agenda)
The Discussion Opening Statements • Let the others start • Give your view, if you think necessary • If you/your organization is criticized, do not take it personally • Identify issues parties want to discuss (agenda)
Seek to understand before you try to persuade • Don’t think only about justifying your demands • Understand the other side’s point of view • ask questions • restate and clarify • empathize • Present your ideas in a way which can appeal to them • build on their proposals • ask for their thoughts • show the benefits to them
WAYS TO GET WHAT YOU WANT • Reaching agreement is not only about identifying commonalities (common interests) • Sometimes the key is differences between what parties need and value • Take advantage of different priorities • Sometimes you can mix your common interests and your different interests to come up with a package deal.
The Discussion Substance • Each side make statement • Consider use of breaks • Reduce number of options • Agreement • Consider implementation & monitoring
The DiscussionConclusion (The End) • Summarize & next steps • Adoption/signing of agreement • Next meeting
Key Points to Remember • Preparation • Relationships • Positions and Interests • BATNA • Leverage