Wednesday, November 28, 2018

Advancing Negotiations that Appear to be Stalled



Introduction
The British diplomat, Harold Nicolson (1886-1968) begins his diary of the 1919 Paris Conference which ended World War I with the following words: “Of all branches of human endeavor, diplomacy is the most protean”. This protean quality is true of negotiation also, which lies at the core of effective diplomacy.

Although negotiation can be simply defined as the process of seeking joint solutions to conflicting needs, the path to get there is often circuitous, bumpy and even treacherous with many twists and turns along the way. An inexperienced negotiator will often lose heart at these challenging moments and give up. The experienced and skilled negotiator will recognize these bumps in the road as part of the protean nature of negotiation and will persevere until a successful outcome has been reached. (For a paradigm example of this sort of tenacity, read “To End a War” by Richard Holbrooke – an account of the 21 day negotiations that eventually lead to the Dayton Agreement and the end of the Balkans war).

In this column I share a story where we successfully broke through what appeared to be a stalled negotiation and how we did it. I hope this inspires other negotiators not to be discouraged by apparent obstacles, but rather to persevere with patience and persistence.

The Stalled Negotiation
I was contacted by a potential buyer who asked me to assist him in negotiating the purchase of a ranch. It was a beautiful piece of land with an enchanting creek running through it. This creek was, in the words of my client, described as “a child’s water wonderland!” It was owned by an older woman who had put it on the market for sale and the potential buyer wanted it badly.

He had put in several offers, progressively increasing the purchase price with each. The seller was resisting any offer the buyer was proposing despite displaying a clear intent to sell. The buyer was left confused and concluded that the seller was greedy, unreasonable and unrealistic. He assumed her motivations to be entirely money driven. The negotiations were at an impasse and appeared to be catastrophically stalled. The buyer faced with this, was at his wits end and about to walk away from this deal, feeling very disappointed not to be able to own the land of his dreams.

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