Mapping the Negotiating Environment

An Analysis

M. Humayun Kabir
Former Ambassador /Secretary
BIAM
20 October 2022
Outline
• Prelude, Principles
• Process of negotiations
• Multilateral dynamics
• External actors
• Challenges
Prelude
• Negotiations is a complex process of exercise to protect or promote
interest of a nation, interest group and common interests.
• Both internal and external elements influence the process of
negotiations.
• A solid understanding on the delicate interactions among those
elements is essential to successfully navigate through the maze of this
process.
Principles
Negotiations is essentially a power game framed by certain principles. Let us have a look
at principles for best outcome:
 Separate people from the problem. Every problem involves both substantive issues
and relationship issues. By separating these issues, individuals come to see themselves
as working side by side, attacking the problem, not each other. improve
communication.”
 Focus on interests, not positions. Understanding the difference between positions and
interests is crucial to problem solving. Interests, not positions, define the problem.
Positions are something that individuals decide they want; interests are the underlying
motivations behind the positions they take.
Principles-II
• Invent options for mutual gain. A brainstorming process is used to
invent a wide range of options that advance shared interests and
creatively reconcile differing interests.
• Use objective criteria. Fairness, justice, equity instead of the arbitrary
will of either side.
Process
Process
• Interest identification
• Communication strategy
• Options
• Outcome
• Implementation
Interest
• Interest is what the involved parties want to achieve. These must be two interests at least- Self
and counterpart;
• Five elements surround basic human needs- dignity, equality, money; human and national values,
such as value, identity.
• Understanding counterpart’s interest set is equally important.
• Skills in understanding:
 Esteem and fears: Identifying them. Iranians fear that US wants regime change and may do so
forcefully. US fears Iran will cheat.
 Experiences: Historical experiences frame outlook, positions and underpin interest. Islamic
revolution in Iran and US sanctions on Iran.
 Effective listening: Tools include: words, messages and body language. Questioning and
research could be ways to discover inner thoughts.
 Nature and areas of interests- converging, diverging, colliding and bridgeable ones.
Communication
• Communication: Two audiences
Framing the issue;
Transforming information into influence;
Turning disputes/conflicts into solutions.
How do we do it?
Self: Segregation/ separation of issues, ‘Miniaturization,’ articulation, logical and solution
oriented proposal.
Counterpart: Empathy, Treating problem, not people, building relationship.
• Create condition/offer incentives to generate a solution. Demonizing the counterpart does
not help!
• Translating ideas into positions, and then to agreed text. Example: Both sides recognized that
they should continue their dialogue to reach a solution.
Exploring options
• Research and brainstorming
• Best Alternative to Negotiated Agreement (BATNA).
• Explore Zone of Possible Agreement (ZOPA), Look through the eyes of
other side.
• Negotiations demands concession, compensation, reconstruction,
reframing to meet in the middle, even if it is uncomfortable.
Outcome
• Any negotiations end up in an outcome, which is documented for implementation and future
reference.
• It could take any form:
 Agreed Minutes,
 MOU
 Declaration
 Agreement,
 Treaty,
 Convention etc. Four elements are important:
• Zero draft:
 Context/Host/Venue,
 Principles/Preamble- Recalling, taking note of etc.
 Actions/Operative part- Decides, Requests etc.
Multilateral negotiations
Multilateral negotiations
• Principally a group exercise; group dynamics. Asian group, African group, NAM, G-77
and China. In this context they are: Core group, Directly affected Group, Indirectly
affected group, International organizations.
• More complex due to large number of participants with their different outlook, urgency,
and priorities.
• It has two major dimensions- Procedure and substance.
• More parliamentary in nature and hence more open and lengthy in process.
• It could also integrate bilateral or even trilateral negotiations.
• Process wise, Multilateral negotiations could have formal segment, informal segment,
informal-informal, and other casual interactions.
Formats
• Formal-Formal speeches
• Informal-Committee/Break out group/Statements/Positions
• Drafting group- Negotiating draft/Position on text
• Informal-Informal-Text
• Small group discussion-Text
• Corridor/Coffee shop discussion-Text
• Group discussion-Support on position/text
• Bilateral discussion-Text
External factors
External
• Domestic political and decision making process
Constitutional obligations- US Congress role
Political dynamics- Political parties role, public opinion mobilization capacity
either for or against any initiative.
Interest groups-Agriculture in US and Europe, WTO Doha Round challenges.
Modi RCEP difficulties.
Bureaucratic tussle- Competing positions, NBR and Ministry of Commerce, for
example.
External
• Media-Framing, analyzing, supporting or opposing.
• Think Tanks/CSO- Analysis and justification
• Regional and global players- RCEP and India, for example.
Challenges
• Complexity generated out of multi dimensionality, and multilayered
complex and creative exercise;
• Competing interests and reconciling them pose a big challenge, both
within the negotiating format and outside.
• Attitude, ability and expertise to navigate through this complex
process is an acquired skill, which is often in short supply.
Conclusion
• Negotiations is a power game and it has to be played in a calibrated
way to reach a mutually acceptable solution.
• It follows a trajectory either sequentially or simultaneously, which
demands efficient and effective handling.
• Both internal and external factors could weigh in to either help or
hinder the process of negotiations.
• A good understanding of such a complexity is a staring point for the
success in a negotiating process.
• Any question, comment?

Thank you!