A SYSTEMATIC APPROACH FOR NEGOTIATING AGREEMENTS

INTRODUCTION

As long as we are active participants in the world around us, be it socially, professionally, commercially or diplomatically, we are always negotiating. At home it might only be about what movie to watch, and with friends it might be about where to meet for dinner - easy and low risk negotiations to be sure, and often, in these social contexts, we are not even aware that we are negotiating.

However, when we get to the professional, commercial or diplomatic context, negotiations assume a significantly more conscious and deliberate effort due to the potential opportunities and high risks involved. They may be partnership agreements, or about professional services and fees, or perhaps the sale and delivery of goods. They may even involve nuclear non-proliferation treaties or serious international boundary disputes.

In these situations, we are very aware that we are negotiating and take it very seriously. Good negotiators will typically have a systematic methodology that they apply regardless of what the context and object of the negotiation might be. In this column, I would like to share with you a basic systematic approach that you can apply to any negotiation you are currently involved in, or may be in the future.

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NEGOTIATION LESSONS FROM THE RECENT CRIMEAN CRISIS

BACKGROUND

How it looked from the US perspective: A few weeks ago when the Ukrainian President fled the Ukraine and the opposition government seized power, Russian troops moved to take control of the Crimean Peninsula. The overarching issue was a tug-of-war between the European Union and Russia over the allegiance of the Ukraine, which led to extreme protesting and eventual civil war-like violence. Russia's move was immediately interpreted as an act of aggression with the intent to occupy the Ukraine much the same as they did in Czechoslovakia in 1968 (which was a reaction to economic reforms and decentralization of administrative authority taking place in Czechoslovakia at the time, under Alexander Dubcek. This was not well received by neighboring and virulently communist Russia, who had dominated Czechoslovakia since WWII). Russia's move into the Crimean Peninsula was even compared by some, to Hitler's taking of the Sudetenland in 1938.

These historical comparisons and relative assumptions are understandable, and to be sure, there do appear to be compelling parallels. Nevertheless, upon diligent examination and understanding of geo-political context and history of the relationship and disputes one sees that there is really no comparison at all. In fact, it is abundantly clear that Putin's motivations were neither the same as Brezhnev in Czechoslovakia in 1968 nor Hitler's with the Sudetenland in 1938 (an essay in its own right and beyond the scope of this column). Therefore acting upon these assumptions impulsively, without the necessary thought and analysis might be futile at best and dangerous at worst.

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WHY CAN MEDIATION WORK EVEN WHEN NEGOTIATIONS FAIL

INTRODUCTION

Very often, in both civil disputes and international conflict, we find that after all efforts in negotiation have been exhausted and have failed dismally, the dispute goes to mediation where it is magically resolved. Since mediation is defined as "assisted and facilitated negotiation", one must ask what is it about the process of mediation, and the skills of the mediator that can help to resolve a dispute that appeared intractable during negotiations? What additional ingredients are added to the mix that were missing before mediation and appeared to make all the difference? Why and how do the dynamics change once a third neutral party is introduced?

Although there is a range of forces at work and a variety of techniques and disciplines at play when a skilled mediator enters the fray, I will highlight but a few in this column. My intent is to educate the discerning public and to instill confidence on the part of the consumer, in mediation, as a very viable, effective and efficient alternative in the dispute resolution process continuum.

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SYRIAN CIVIL WAR NEGOTIATIONS

THE BACKGROUND

Recently, talks have been convened in Geneva towards negotiating a workable agreement between the Assad regime in Syria and the opposition. According to Al-Monitor, a daily news publication out of Lebanon, claiming to monitor the pulse of the Middle East: "UN and Arab special envoy, Lakhdar Brahimi does not seem very optimistic. Even though he keeps trying, he considers his chance of success to be no more than 10%".

I believe that Brahimi is being overly optimistic in estimating the chances of success at 10%. I would give it a 0% at this point because there is crucial and rigorous pre-negotiation groundwork that is necessary before serious negotiations can begin, and which will obstruct any productive movement as long as it is being neglected.

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SYRIA: NEGOTIATION LESSONS FROM AN INTERNATIONAL CRISIS

INTRODUCTION

Observing diplomatic events, international crises and foreign policy implementation, provides excellent opportunities for the study of negotiation. The recent events in Syria are certainly no exception. The actors in this particular scenario, Assad, Obama and Putin all played their characters so well that, but for the tragic loss of human life and the serious erosion of US credibility and diplomacy, it is hard to believe that this was not a scripted Shakespearean comedy!

Although the lessons of this particular crisis are many, in this column I shall highlight three that we can all apply to our own negotiations.

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