Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 NEGOTIATION TECHNIQUES Rob Bakx Twinning advisor

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 2 NEGOTIATION SKILLS The ability to differentiate behavioral reactions and emotions

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 3 NEGOTIATION AS DEALING WITH DILLEMMAS OPEN-CLOSED FRIENDLY-HOSTILE TOUGH-LENIENT SEARCHING-MORE OF THE SAME Toughness dilemma + Flexibility dilemma

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 4 NEGOTIATION AS DEALING WITH DILLEMMAS Toughness dilemma Tension between cooperative behavior versus fighting behavior Flexibility dilemma Tension between exploring negotiating versus avoiding negotiating

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 5 Cooperative Preserving harmony, avoiding disruption. In situations of opposed interests, this often leads to yielding. Important element of cooperative style is the perceived necessity to keep personal relations good above all else. Fighting Pursuing self-interest at the expense of others. Often focused on power. The fighter will resort to all available weapons (e.g. expertise, rank, financial sanctions) in order to win.

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 6 Exploring Trying to find a solution that satisfies the interest of the involved parties as much as possible. This means studying a subject to identify the underlying interests and exploring alternatives that satisfy them. Avoiding Resufing to take on the confrontation. E.g. in the form of diplomatic evasion, postponement, stubbornly sticking to one track ‘as a matter of principle’, or simply evading the entire situation.

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 7 NEGOTIATION AS DEALING WITH DILLEMMAS (Force field of primary impulses) Cooperative Lenient Fighting Aggressive Restraint Avoiding

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 8 Statements I do my best to avoid tension Absolutely not        Absolutely 2 I thoroughly go through a dispute with others Absolutely not        Absolutely 3 I try to avoid conflicts between us Absolutely not        Absolutely 4 I am very compliant Absolutely not        Absolutely 5 I will search together for a solution that satisfies everybody Absolutely not        Absolutely 6 Whatever it costs I will get my ideas through Absolutely not        Absolutely 7 I acknowledge my loss Absolutely not        Absolutely 8 ‘ Mild words will soften the anger ’Absolutely not        Absolutely 9 I will keep talking until we agree Absolutely not        Absolutely 10 I will settle the case to my hand Absolutely not        Absolutely 11 I avoid disagreement as much as possible Absolutely not        Absolutely 12 I explore the mutual points of view until we solved all problems Absolutely not        Absolutely 13 An uncomfortable occurance I will cover with the cloak of charity Absolutely not        Absolutely 14 I hold on to a principle until it will be done my way Absolutely not        Absolutely 15 I trivialize problems Absolutely not        Absolutely 16 I always show that I am right Absolutely not        Absolutely

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/ the jovialthe agressivestyle the ethicalthe analyticalstyle Cooperating Fighting Avoiding Exploring

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 10 The Jovial (co-operative) Style Endearing, appealing, positively influences the sphere, strong in building good relations,sensitive for arguments of the other person, flexibel Less effective side: Avoids trial of strength; poor defence; becomes unclear and hesitating Behavior during conflicts: Agrees, even if he believes that is unreasonable; denies conflict

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 11 The Ethical (convincing) Style Trust in others; basis in common interests; principles and ideals; forwards solid proposals; not to be influenced; preserves his independent thinking Less effective side: Preaching, withdrawal, gets disappointed and inaccessible for new possibilities, lost his ‘change’ Behavior during conflicts: Holds on, because he fundamentally is right, or gives up discouraged or is ruled out

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 12 The Agressive (agile) Style Takes initiative and the lead, also within his team; plays along with unexpected occurances and new developments; keeps negotiations going, even if it hardens Less effective side: Bossy; little chance for others; gets impulsive; creates confusion; can get across as an opportunist Behavior during conflicts: Pushing; fight the conflict to an end; fight like a fighting cock

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 13 The Analytical (agressive) Style Good use of hard facts and figures; logical reasoning; focus on quality of arguments; creates clear and logical procedures; brings clarity; controls the principles; preserves overview; has it all in line Less effective side: Stays on the same track; lack of feeling for the atmosphere of discussion; sticks to ‘old’ arguments and points of view Behavior during conflicts: Continuously gathers evidence that he is right; becomes stubborn and inaccessible

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 14 EXAMPLES You don’t like the proposal and immediately react with criticism or a counter proposal. It is more constructive to first ask for clarification or to wrap up your criticism in the form of a question.

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 15 EXAMPLES You’re annoyed and show an irritable, cool behavior. In general it is better to put your annoyance in words: “I am sorry, but I can’t help saying, that……”.

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 16 Mixing conflicting impulses Voicing one’s demands with consideration for the interest of others Being friendly without giving in Inventiveness in designing creative solutions while retaining to one’s preferences Being hard on issues, soft on persons

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 17 Main elements of the negotiating model Realizing one’s material interests Influencing the power balance Promoting a constructive climate Obtaining flexibility Effective negotiating

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 18 PREPARING NEGOTIATIONS Interests and goals Balance of power Climate Procedural flexibility Constituency

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 19 Negotiation techniques Time Impasses Questions and answers Adjourning Ambition Concessions Agenda Power of persuasion Limit yourself in your arguments Limit yourself in debating Keep in touch with your emotions

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 20 Negotiating as emotion management W.F.G. Mastenbroek Holland Business Publications, 2002 Heemstede, Netherlands ISBN