AKM ZAKIR HOSAIN BHUIYAN

Additional Secretary
 Elements and Type of Negotiations.
 Factors of Negotiation.
 Techniques.
 Steps in and out of Negotiating Table.
 Practical Tips.
 Complexities of Multilateral Negotiations.
 Conclusion.
 Negotiations is the best peaceful option to ensure
a better deal in exchanges and thereby protect and
promote one’s interests. Negotiation is a basic
means of getting what we want from others.
 Globalized world needs more negotiations as we
go closer, both at individual level as well as
collective level.
 For developing countries such as Bangladesh, this
is the first and last defense line and we need to
reinforce it.
 Those who are mangers and policy makers,
regardless of their positions, need to be fully aware
of the intricacies of entire range of negotiations-
bilateral, multilateral, regional and global.
 Diplomats have an advantage in this exercise as
they are perennial negotiators, but other officials
are almost equally engaged in variety of
negotiations.
 Herb Cohen defined it as ‘a field of knowledge and endeavour
that focuses on gaining the favour of people from whom we
want things.’
 Diplomatic negotiation is practically an extension of such a
process within a formal setting.
 Raymond Cohen observed it, “as a process of communication
between states seeking to arrive at a mutually acceptable
outcome on some issue or issues of shared concern.”
 Two or more parties involved;
 Presence of competition and compromise;
 Desire to resolve the issue/problem through
consultation/dialogue;
 Mutuality of interest; no unilateralism;
 Generally produces mutually beneficial outcome.
 Negotiations is an exercise in power. Four factors
generate power in negotiations:
 Normative Power
 Time
 Information, and
 Structure of negotiation.
 How do we generate power?
-Power of Legitimacy,
-Risk taking,
-Expertise,
-Commitment,
-Reward or Punishment,
-Morality,
-Precedent, Persistence- Persuasive Capacity, Attitude.
 Time-deadlines- US goes by deadline, Chinese
and Japanese have different outlook.
 Information- Data, documents, positions.
 Structure of negotiations- Internal and External;
 External factor includes country’s geopolitical
situation, political system, economic strength,
demographic makeup, legal and educational
system and domestic system of governance.
 Internal dynamic includes elements such as
agenda setting, order of items in the agenda,
parties involved and negotiating rules and
venue, among others.
 What is my interest?
 What are the interests of the opponent (s)?
 What are the sources of power for each
side?
 What are all the possible options?
 What strategy do I wish to adopt?
 What is the “Best Alternative to a Negotiated
Agreement (BATNA)?”
 How to follow up on the agreement?
 Most powerful interests are basic human needs-
dignity, equality, money.
 Start with a belief that you do not already know
the answer/solution to the to the problem/issue;
 Constantly ask yourself and others: “Why?” “What
is the background to that?” “Can you elaborate on
that?” “What is driving that?” “Can you give me an
example?”
 Use questioning as a genuine tool for learning
more and refining understanding.
 Practice effective listening- when others are
describing their interests, concentrate on listening
to achieve a full understanding;
 Realize that other side(s) have interests and try to
identify that interest; interest could be multiple
dimensions and constituencies.
 Communicate positions clearly, logically and
systematically.
 Make your interests come alive- concrete details are
useful to establish legitimacy of one’s case.
 Problem may be put before searching for an answer-
reasoning and then conclusion.
 Produce evidence, endorsement and examples to
reinforce your position/stand.
 Leave a forward looking clue to build up by you or the
other side.
 Acknowledge interests of other side as legitimate part of
the problem. Look forward, not backward.
 Be concrete but flexible. Be hard on problem, soft on
people.
 Negotiators tend to gravitate toward positions, and it
may generate heat. It is prudent to keep focus on
interests.
 Brain storming;
 Look through the eyes of other side;
 Identify shared interests;
 Look for mutual gains;
 Multiply Options;
 Change the scope of agreement;
 Threats may not be enough.
 Several handicaps may create obstacle to
developing options:
-Premature judgment;
-Searching for single answer;
-Assumption of a fixed pie;
-Shifting the burden on other side.
 Game of negotiations involves two staged
interactions: substance and procedure;
 Argument over positions unwise and
inefficient;
 It endangers relationship;
 Positional bargaining has limited value;

difficult in multilateral setting;

 Principled bargaining.
 Go for a mutually beneficial outcome.
 Negotiations end up in texts- Outcome
document.
 Interests have to be reflected and protected.
 Language is a vehicle for this purpose.
 Attention to detail is equally important.
 Note follow up actions.
 Time line, implementation procedure are

extremely important.
 Universality.
 Inclusiveness.
 Equity and Fairness.
 Fair standard.
 Fair procedure.
 Reason and be open to reason.
 Not to yield to pressure.
 Ethical, trustworthy
 Appropriately courteous
 Prepared
 Creative, realistic
 Perceptive, self-controlled
 Linguistically competent
 Strong sense of diplomatic environment
 Strategy/Framework/defining the issue?
Forward Looking/ Going through the
motion?
 Fighting spirit. Am I ready to take the
process to the conclusion and obtain an
acceptable outcome?
 Flexibility. Am I ready to see and accept the
points of other sides?
 Follow up. Is there any mechanism to follow
up? Am I ready to participate in the process?
 Coalition building, particularly for
multilateral negotiations.
 Preparation:
- Know your issues thoroughly.
- Identify positions and assess their
strength.
- Learn about the interests of opponents
and guess their strategy.
- Study similar situations and compare
your situation.
- Build up a team to pursue negotiation.
- Understand your mandate and motivation-
will political boss stand behind you or it is
an activity of going through the motion?
- Is there any consensus on the issue at
hand?
- Are all stakeholders on board?
- Have you consolidated your team behind
you? Are they properly briefed?
- Have you worked out your strategy and
possible options? BATNA?
- Could you obtain any information about
the strategy and expectation of your
opponent?
- How to you begin the process? Is your
outline of opening remarks ready?
- Are your points clear, precise and
understandable?
- Do you think they will set the stage for a
fruitful outcome?
- Did you listen carefully the remarks of the
other side (s)?
How wide is the gap between the two sides or
multiple stakeholders? Is this bridgeable?
- Have you made queries about their
information or position?
- Have you tried to understand their
underlying interests/concerns?
- What is the bottom line of the other side?
- Have you given concrete suggestions which seem
attractive to both sides?
- Can you build up on any point/ element?
- Do you have your inputs ready for the draft text?
- How the draft looks? Does it protect your
interests?
- Is the other side reasonably happy or equally
unhappy?
- Are you committing anything which you or the
other side can not deliver?
- Will the outcome acceptable back home?
 Group dynamics.
 Coalition formation.
 Cross cutting cleavages.
 Different outlook, urgency, priorities of

participating members.
 Asking clarifications on definitions;
 Expanding the issue;
 Raising technical questions;
 Hiding behind procedure; nothing is agreed
until everything is agreed;
 Blocking under consensus principle;
 Putting brackets;
 Leveraging on numbers.
 Negotiations is a multi stakeholder, multi layered
exercise and we get what we negotiate, not what we
desire!
 Like any other power game, one has to articulate a
strategy for negotiations.
 A team has to work to make such a process
successful and a good understanding about the
opponent’s strategy and the ability to be creative and
flexible could make the difference.
 Negotiation is not a stand alone event. Many
elements surround it and a good negotiator has to
understand, appreciate and utilize the opportunities.
 Both personal skills and institutional support is
required to be successful in this pursuit.
 Roger Fisher and William Ury, Getting to Yes:
Negotiating Agreement without Giving In.
 Michael Watkins, Breakthrough International
Negotiation: How Great Negotiators
Transformed the World's Toughest Post-Cold
War Conflicts,
 Brigid Starkey, Mark Boyer, Negotiating a
Complex World: An Introduction to
International Negotiation.
 Raymond Cohen, Negotiating Across Cultures.
 David A Lax and James K. Sebenius, The
Manager as Negotiator.
Thank you!