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Negotiations in Times of Crises The Wharton School Challenges in Strategic Negotiations August 2011 Gilead Sher.

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Presentation on theme: "Negotiations in Times of Crises The Wharton School Challenges in Strategic Negotiations August 2011 Gilead Sher."— Presentation transcript:

1 Negotiations in Times of Crises The Wharton School Challenges in Strategic Negotiations August 2011 Gilead Sher

2 The Art and Practice of Negotiations Some practical advices…  Relate to needs, rather than positions  Never accept the first offer  Never lose your temper: use a neutral and relaxed language  In other words: keep calm and carry on  Always give only against consideration  Stay focused on final objective  Express appreciation to the other party  Understand your deal before signing

3 Phase I Preparations, Diplomacy, Staff Work

4 Phase II

5 Phase III Legitimacy Advocacy

6 Phase IV The Negotiation – Team Work OPPOSITION SPOILERS CONFLICTING INTERESTS AFFECTED GROUPS and INDIVIDUALS EXTREMISTS

7 Phase V Reporting-Addressing spoilers-Concluding

8 How to create VALUE on a lasting basis  The right parties?  The right issues?  The right sequence?  The right table?  And then: 1. tactics (AT the table) 2. deal design (creative agreement on the surface and below it) 3. set up (extends to actions AWAY from table, to create most promising situation)

9  Identifying the problems and barriers; Depersonalize them  Strategic policy design and goal definition  Setting priorities, accommodating public interests  Sequential targeting; specific objectives  Media, consensus building and public opinion  Constituencies: legitimize “the other”  Perceptions and gap analysis; standards, norms  Process management in multi-issue, multi-party, multi-level set ups; Discipline  Signing  Timing: identifying opportunities; time issues  Mandates, coalitions, spoilers – participants, opponents and other players… Reference List

10  Personalities; Mindsets  Momentum and leverage; walk away alternatives  Improving options; Creating a larger pie  Adapting to changes in conditions and circumstances, reframing; fresh thinking  Creativity in general; Being purposive, neither reactive nor passive  Psychological and social dimensions  Rolling re-assessment  The behavior of leaders and principals  Getting commitments and certainty  The International Arena  Getting to Closing. Reference List (Cont.)

11 Different Approaches to Resolving a Complex Conflict Key negotiation issues:  What is the immediate and long-term purpose of the negotiations; and then -  What decisions need to be made now in order to achieve those aims?  Who can influence those who possess power (political parties, interest groups, media, individuals);  Who has the formal power and who is in fact the decision maker.

12 Planning the Negotiations Gaps and comments potential agreement areas positions presented by counterparts our counterpats’ interests our positionsour interests

13 Roger Fisher, Beyond Machiavelli Seven Elements of Negotiation in a Conflict Situation 1. Interests 2. Options 3. Legitimacy 4. Relationship 5. Communication 6. Commitment 7. Alternatives Have the parties explicitly understood their own interests? Do the parties understand each other priorities and constraints? Are sufficient options being generated? Is the process of inventing separated from the process of making commitments? Have relevant precedents and other outside standards of fairness been considered? Can Principles be found that are persuasive to the other side? To us? What is the ability of the parties to work together? Is there a working relationship between their negotiators? Are the parties paying attention to the kind of relationship they want in the future? Is the way the parties communicate helping or interfering with their ability to deal constructively with the conflict? Are mechanisms in place to confirm that what is understood is in fact what was intended? Are potential commitments well-crafted? Does each party know what it would like the other party to agree on? If the other side said yes, is it clear who would do what tomorrow morning? Verint March 2010 Strategic Negotiations Does each side understand its Best Alternative to Negotiated Agreement – its BATNA? Are the negative consequences of not settling being used to bring the parties together?

14 Media, Consensus Building and Public Opinion  Preparation of Public Opinion  Advocacy; lobbying; gaining legitimacy (internally and externally)  In critical negotiations, concerted effort and attention must be given to continuous, comprehensive public relations  Leadership must keep in touch with the groups that would be likely to experience the heaviest loss as a result of any agreement

15 Perceptions and Symbolism  Perceptions vs. Objective Facts and Evidence  Symbolic Images  In such negotiations one always needs to keep in mind the dignity, symbolism, tradition and heritage that the other party is concerned with.  The key to close a deal would not be the “truth”, the "justice" or the objective facts, but what’s in the minds of the respective parties.  If you mistakenly analyze the other side’s perception regarding its own objectives, you will constantly misread its conduct throughout the negotiation process

16 Negotiation in times of Crisis Process Management Binding Mechanism Clear Benchmarking Perceptions Mindsets Symbolism Tradition Narratives

17 How words can help negotiation

18 Process Management  Process management may be as vital as the substance and content of the negotiations themselves  Primarily when there is a high-level third party involvement, a rigid framework that ensures progress is needed with a binding agenda from which the parties cannot be allowed to depart  It is essential that the facilitator require all negotiating parties to give their responses at every stage; to dictate a clear agenda, to compose a check list of who does what, when, and follow up its implementation.

19 Signing and Timing

20  Never leave the negotiation table before signing a document, once you have the final agreed draft ready  Constantly read the battlefield map, plan ahead  Simplify closing procedures  Identify windows of opportunity and aim at focusing events

21 Oslo Declaration of Principles - Israel and PLO agree to mutual recognition.Oslo Declaration of Principles - Israel and PLO agree to mutual recognition. Sept. 13, 1993Sept. 13, 1993 Oslo Interim Agreement signed. Palestinian Authority to be established. Oslo Interim Agreement signed. Palestinian Authority to be established. Sept 28, 1995Sept 28, 1995 Israeli PM Yitzhak Rabin assassinated by right-wing Israeli fanatic Yigal Amir. Rabin is replaced by Shimon PeresIsraeli PM Yitzhak Rabin assassinated by right-wing Israeli fanatic Yigal Amir. Rabin is replaced by Shimon Peres Nov. 4, 1995Nov. 4, 1995 Right-Wing Likud leader Benjamin Netanyahu elected Prime Minister in Israel, replacing Shimon Peres. Right-Wing Likud leader Benjamin Netanyahu elected Prime Minister in Israel, replacing Shimon Peres. June, 1996June, 1996 "Al-Aksa tunnel riots - Arab sources spread the false rumor that a gate opened in an underground tunnel tourist attraction by the Israeli government, endangered the foundations of the Al-Aqsa mosque. This caused several days of rioting and numerous casualties."Al-Aksa tunnel riots - Arab sources spread the false rumor that a gate opened in an underground tunnel tourist attraction by the Israeli government, endangered the foundations of the Al-Aqsa mosque. This caused several days of rioting and numerous casualties. Sept, 1996Sept, 1996 Israel and Palestinians reach agreement on Israeli redeployment in the West-Bank city of HebronIsrael and Palestinians reach agreement on Israeli redeployment in the West-Bank city of Hebron Jan 18, 1997Jan 18, 1997 Wye River Plantation talks result in an agreement for Israeli redeployment and release of political prisoners and renewed Palestinian commitment to correct its violations of the Oslo accords including excess police force, illegal arms and incitement in public media and education.Wye River Plantation talks result in an agreement for Israeli redeployment and release of political prisoners and renewed Palestinian commitment to correct its violations of the Oslo accords including excess police force, illegal arms and incitement in public media and education. Oct. 1998Oct. 1998 Israel elects Labor party leader and Former General Ehud Barak as Prime Minister in a landslide. Barak promises rapid progress toward peace. Israel elects Labor party leader and Former General Ehud Barak as Prime Minister in a landslide. Barak promises rapid progress toward peace. May 17, 1999May 17, 1999 Israeli-Syrian peace negotiations fail when Hafez Assad rejects an Israeli offer relayed by US President Clinton in Geneva. Israeli-Syrian peace negotiations fail when Hafez Assad rejects an Israeli offer relayed by US President Clinton in Geneva. March, 2000March, 2000 Palestinians initiated riots after Israeli opposition leader Ariel Sharon visited the Temple Mount, which is also the location of the Haram as Sharif holy to Muslims. Start of Second Intifada See Second Intifada Timeline Second IntifadaPalestinians initiated riots after Israeli opposition leader Ariel Sharon visited the Temple Mount, which is also the location of the Haram as Sharif holy to Muslims. Start of Second Intifada See Second Intifada Timeline Second Intifada Sept. 28, 2000Sept. 28, 2000 Right-wing Likud leader Ariel Sharon elected Prime Minister in Israel replacing Ehud Barak and promising "peace and security."Right-wing Likud leader Ariel Sharon elected Prime Minister in Israel replacing Ehud Barak and promising "peace and security." Feb 6, 2001Feb 6, 2001 Terror attacks on World Trade Center in NYC and the Pentagon carried out by fanatic Islamic Al-Qaida group headed by Osama Bin Laden initiate US war on terror. Israel and Palestinians agree to a cease fire, but it is not implemented. Terror attacks on World Trade Center in NYC and the Pentagon carried out by fanatic Islamic Al-Qaida group headed by Osama Bin Laden initiate US war on terror. Israel and Palestinians agree to a cease fire, but it is not implemented. Sept. 11, 2001Sept. 11, 2001 Israel conducts operation Defensive Shield in the West Bank, following a large number of Palestinian suicide attacks on civilian targets. Saudi peace initiative adopted at Beirut summit.Israel conducts operation Defensive Shield in the West Bank, following a large number of Palestinian suicide attacks on civilian targets. Saudi peace initiative adopted at Beirut summit. March-April 2002March-April 2002 Elections in Israel give wide margin (40 seats) to right wing Likud party, returning PM Ariel Sharon for another term. Elections in Israel give wide margin (40 seats) to right wing Likud party, returning PM Ariel Sharon for another term. Jan 28, 2003Jan 28, 2003 US begins invasion of Iraq by a strike against a building where Saddam Hussein and other leaders are meeting. Baghdad falls, April 9. US begins invasion of Iraq by a strike against a building where Saddam Hussein and other leaders are meeting. Baghdad falls, April 9. March 19,2003March 19,2003 International court of Justice (ICJ) rules that the Israeli security barrier violates international law and must be torn down. International court of Justice (ICJ) rules that the Israeli security barrier violates international law and must be torn down. July 9, 2004July 9, 2004 Palestinian Authority President Yasser Arafat dies. Palestinian Authority President Yasser Arafat dies. Nov 11, 2004Nov 11, 2004 Mahmoud Abbas elected President of the Palestinian National Authority.Mahmoud Abbas elected President of the Palestinian National Authority. Jan 9, 2005Jan 9, 2005 Ariel Sharon forms unity government with Labor and United Torah Judaism parties in Israel.Ariel Sharon forms unity government with Labor and United Torah Judaism parties in Israel. Jan 10, 2005Jan 10, 2005 Ariel Sharon visits US President George Bush at his Texas ranch. Syrian Army leaves Lebanon, officially ending Syrian occupation. Ariel Sharon visits US President George Bush at his Texas ranch. Syrian Army leaves Lebanon, officially ending Syrian occupation. April 2005April 2005 June, 2005June, 2005 Mahmud Abbas visits US President George Bush at the White House, an important symbolic gesture signaling US backing for Abbas and Palestinian aspirations. Israel releases 400 Palestinian prisoners including some with blood on their hands. Britain confirms "low level" negotiations with Hamas. Mahmud Abbas visits US President George Bush at the White House, an important symbolic gesture signaling US backing for Abbas and Palestinian aspirations. Israel releases 400 Palestinian prisoners including some with blood on their hands. Britain confirms "low level" negotiations with Hamas. May 26, 2005May 26, 2005 Violence flares in Gaza. US Secretary of State Condoleezza Rice visits Palestinian and Israeli leaders to ensure coordination of Israeli withdrawal from Gaza. Israeli PM Ariel Sharon and Palestinian President Mahmoud Abbas meet in Jerusalem June 21. Sharon announces that Palestinians have promised to coordinate regarding Gaza withdrawal. PM Abbas postpones Palestinian legislative elections in order to change the election law, amidst growing concern that Hamas will trounce Abbas's Fatah party in the elections. Lebanese elections give a decisive majority to the opposition to Syria, led by Saad Hariri, son of slain leader Rafiq Hariri. Violence flares in Gaza. US Secretary of State Condoleezza Rice visits Palestinian and Israeli leaders to ensure coordination of Israeli withdrawal from Gaza. Israeli PM Ariel Sharon and Palestinian President Mahmoud Abbas meet in Jerusalem June 21. Sharon announces that Palestinians have promised to coordinate regarding Gaza withdrawal. PM Abbas postpones Palestinian legislative elections in order to change the election law, amidst growing concern that Hamas will trounce Abbas's Fatah party in the elections. Lebanese elections give a decisive majority to the opposition to Syria, led by Saad Hariri, son of slain leader Rafiq Hariri. Disengagement - Israeli evacuation of Gaza settlements and four West Bank settlements began on August 15 and was completed August 24. Disengagement - Israeli evacuation of Gaza settlements and four West Bank settlements began on August 15 and was completed August 24. Aug. 15, 2005Aug. 15, 2005 Oslo Declaration of Principles - Israel and PLO agree to mutual recognition.Oslo Declaration of Principles - Israel and PLO agree to mutual recognition. Sept. 13, 1993Sept. 13, 1993 Oslo Interim Agreement signed. Palestinian Authority to be established. Oslo Interim Agreement signed. Palestinian Authority to be established. Sept 28, 1995Sept 28, 1995 Israeli PM Yitzhak Rabin assassinated by right-wing Israeli fanatic Yigal Amir. Rabin is replaced by Shimon PeresIsraeli PM Yitzhak Rabin assassinated by right-wing Israeli fanatic Yigal Amir. Rabin is replaced by Shimon Peres Nov. 4, 1995Nov. 4, 1995 Right-Wing Likud leader Benjamin Netanyahu elected Prime Minister in Israel, replacing Shimon Peres. Right-Wing Likud leader Benjamin Netanyahu elected Prime Minister in Israel, replacing Shimon Peres. June, 1996June, 1996 "Al-Aksa tunnel riots - Arab sources spread the false rumor that a gate opened in an underground tunnel tourist attraction by the Israeli government, endangered the foundations of the Al-Aqsa mosque. This caused several days of rioting and numerous casualties."Al-Aksa tunnel riots - Arab sources spread the false rumor that a gate opened in an underground tunnel tourist attraction by the Israeli government, endangered the foundations of the Al-Aqsa mosque. This caused several days of rioting and numerous casualties. Sept, 1996Sept, 1996 Israel and Palestinians reach agreement on Israeli redeployment in the West-Bank city of HebronIsrael and Palestinians reach agreement on Israeli redeployment in the West-Bank city of Hebron Jan 18, 1997Jan 18, 1997 Wye River Plantation talks result in an agreement for Israeli redeployment and release of political prisoners and renewed Palestinian commitment to correct its violations of the Oslo accords including excess police force, illegal arms and incitement in public media and education.Wye River Plantation talks result in an agreement for Israeli redeployment and release of political prisoners and renewed Palestinian commitment to correct its violations of the Oslo accords including excess police force, illegal arms and incitement in public media and education. Oct. 1998Oct. 1998 Israel elects Labor party leader and Former General Ehud Barak as Prime Minister in a landslide. Barak promises rapid progress toward peace. Israel elects Labor party leader and Former General Ehud Barak as Prime Minister in a landslide. Barak promises rapid progress toward peace. May 17, 1999May 17, 1999 Israeli-Syrian peace negotiations fail when Hafez Assad rejects an Israeli offer relayed by US President Clinton in Geneva. Israeli-Syrian peace negotiations fail when Hafez Assad rejects an Israeli offer relayed by US President Clinton in Geneva. March, 2000March, 2000 Palestinians initiated riots after Israeli opposition leader Ariel Sharon visited the Temple Mount, which is also the location of the Haram as Sharif holy to Muslims. Start of Second Intifada See Second Intifada Timeline Second IntifadaPalestinians initiated riots after Israeli opposition leader Ariel Sharon visited the Temple Mount, which is also the location of the Haram as Sharif holy to Muslims. Start of Second Intifada See Second Intifada Timeline Second Intifada Sept. 28, 2000Sept. 28, 2000 Right-wing Likud leader Ariel Sharon elected Prime Minister in Israel replacing Ehud Barak and promising "peace and security."Right-wing Likud leader Ariel Sharon elected Prime Minister in Israel replacing Ehud Barak and promising "peace and security." Feb 6, 2001Feb 6, 2001 Terror attacks on World Trade Center in NYC and the Pentagon carried out by fanatic Islamic Al-Qaida group headed by Osama Bin Laden initiate US war on terror. Israel and Palestinians agree to a cease fire, but it is not implemented. Terror attacks on World Trade Center in NYC and the Pentagon carried out by fanatic Islamic Al-Qaida group headed by Osama Bin Laden initiate US war on terror. Israel and Palestinians agree to a cease fire, but it is not implemented. Sept. 11, 2001Sept. 11, 2001 Israel conducts operation Defensive Shield in the West Bank, following a large number of Palestinian suicide attacks on civilian targets. Saudi peace initiative adopted at Beirut summit.Israel conducts operation Defensive Shield in the West Bank, following a large number of Palestinian suicide attacks on civilian targets. Saudi peace initiative adopted at Beirut summit. March-April 2002March-April 2002 Elections in Israel give wide margin (40 seats) to right wing Likud party, returning PM Ariel Sharon for another term. Elections in Israel give wide margin (40 seats) to right wing Likud party, returning PM Ariel Sharon for another term. Jan 28, 2003Jan 28, 2003 US begins invasion of Iraq by a strike against a building where Saddam Hussein and other leaders are meeting. Baghdad falls, April 9. US begins invasion of Iraq by a strike against a building where Saddam Hussein and other leaders are meeting. Baghdad falls, April 9. March 19,2003March 19,2003 International court of Justice (ICJ) rules that the Israeli security barrier violates international law and must be torn down. International court of Justice (ICJ) rules that the Israeli security barrier violates international law and must be torn down. July 9, 2004July 9, 2004 Palestinian Authority President Yasser Arafat dies. Palestinian Authority President Yasser Arafat dies. Nov 11, 2004Nov 11, 2004 Mahmoud Abbas elected President of the Palestinian National Authority.Mahmoud Abbas elected President of the Palestinian National Authority. Jan 9, 2005Jan 9, 2005 Ariel Sharon forms unity government with Labor and United Torah Judaism parties in Israel.Ariel Sharon forms unity government with Labor and United Torah Judaism parties in Israel. Jan 10, 2005Jan 10, 2005 Ariel Sharon visits US President George Bush at his Texas ranch. Syrian Army leaves Lebanon, officially ending Syrian occupation. Ariel Sharon visits US President George Bush at his Texas ranch. Syrian Army leaves Lebanon, officially ending Syrian occupation. April 2005April 2005 June, 2005June, 2005 Mahmud Abbas visits US President George Bush at the White House, an important symbolic gesture signaling US backing for Abbas and Palestinian aspirations. Israel releases 400 Palestinian prisoners including some with blood on their hands. Britain confirms "low level" negotiations with Hamas. Mahmud Abbas visits US President George Bush at the White House, an important symbolic gesture signaling US backing for Abbas and Palestinian aspirations. Israel releases 400 Palestinian prisoners including some with blood on their hands. Britain confirms "low level" negotiations with Hamas. May 26, 2005May 26, 2005 Violence flares in Gaza. US Secretary of State Condoleezza Rice visits Palestinian and Israeli leaders to ensure coordination of Israeli withdrawal from Gaza. Israeli PM Ariel Sharon and Palestinian President Mahmoud Abbas meet in Jerusalem June 21. Sharon announces that Palestinians have promised to coordinate regarding Gaza withdrawal. PM Abbas postpones Palestinian legislative elections in order to change the election law, amidst growing concern that Hamas will trounce Abbas's Fatah party in the elections. Lebanese elections give a decisive majority to the opposition to Syria, led by Saad Hariri, son of slain leader Rafiq Hariri. Violence flares in Gaza. US Secretary of State Condoleezza Rice visits Palestinian and Israeli leaders to ensure coordination of Israeli withdrawal from Gaza. Israeli PM Ariel Sharon and Palestinian President Mahmoud Abbas meet in Jerusalem June 21. Sharon announces that Palestinians have promised to coordinate regarding Gaza withdrawal. PM Abbas postpones Palestinian legislative elections in order to change the election law, amidst growing concern that Hamas will trounce Abbas's Fatah party in the elections. Lebanese elections give a decisive majority to the opposition to Syria, led by Saad Hariri, son of slain leader Rafiq Hariri. Disengagement - Israeli evacuation of Gaza settlements and four West Bank settlements began on August 15 and was completed August 24. Disengagement - Israeli evacuation of Gaza settlements and four West Bank settlements began on August 15 and was completed August 24. Aug. 15, 2005Aug. 15, 2005 Oslo Declaration of PrinciplesOslo Declaration of Principles - Israel and PLO agree to mutual recognition.Sept. 13, 1993 Oslo Interim AgreementOslo Interim Agreement signed. Palestinian Authority to be established.Sept 28, 1995 Israeli PM Yitzhak Rabin assassinated by right-wing Israeli fanatic Yigal Amir. Rabin is replaced by Shimon PeresNov. 4, 1995 Right-Wing Likud leader Benjamin Netanyahu elected Prime Minister in Israel, replacing Shimon Peres.June, 1996 "Al-Aksa tunnel riots - Arab sources spread the false rumor that a gate opened in an underground tunnel tourist attraction by the Israeli government, endangered the foundations of the Al-Aqsa mosque. This caused several days of rioting and numerous casualties. Sept, 1996 Israel and Palestinians reach agreement on Israeli redeployment in the West-Bank city of HebronJan 18, 1997 Wye River Plantation talks result in an agreementWye River Plantation talks result in an agreement for Israeli redeployment and release of political prisoners and renewed Palestinian commitment to correct its violations of the Oslo accords including excess police force, illegal arms and incitement in public media and education. Oct. 1998 Israel elects Labor party leader and Former General Ehud Barak as Prime Minister in a landslide. Barak promises rapid progress toward peace. May 17, 1999 Israeli-Syrian peace negotiations fail when Hafez Assad rejects an Israeli offer relayed by US President Clinton in Geneva. March, 2000 Palestinians initiated riots after Israeli opposition leader Ariel Sharon visited the Temple Mount, which is also the location of the Haram as Sharif holy to Muslims. Start of Second Intifada See Second Intifada Timeline Second IntifadaAriel SharonSecond Intifada Timeline Second Intifada Sept. 28, 2000 Right-wing Likud leader Ariel Sharon elected Prime Minister in Israel replacing Ehud Barak and promising "peace and security."Ariel Sharon Feb 6, 2001 The Oslo Process timeline

22 Terror attacks on World Trade Center in NYC and the Pentagon carried out by fanatic Islamic Al-Qaida group headed by Osama Bin Laden initiate US war on terror. Israel and Palestinians agree to a cease fire, but it is not implemented. Al-QaidaOsama Bin Laden Sept. 11, 2001 Israel conducts operation Defensive Shield in the West Bank, following a large number of Palestinian suicide attacks on civilian targets. Saudi peace initiative adopted at Beirut summit.Defensive ShieldSaudi peace initiative adopted at Beirut summit March-April 2002 Elections in Israel give wide margin (40 seats) to right wing Likud party, returning PM Ariel Sharon for another term.Ariel Sharon Jan 28, 2003 US begins invasion of Iraq by a strike against a building where Saddam Hussein and other leaders are meeting. Baghdad falls, April 9. March 19,2003 Palestinian Authority President Yasser Arafat dies.Nov 11, 2004 Mahmoud Abbas elected President of the Palestinian National Authority.Jan 9, 2005 Violence flares in Gaza. US Secretary of State Condoleezza Rice visits Palestinian and Israeli leaders to ensure coordination of Israeli withdrawal from Gaza. Israeli PM Ariel Sharon and Palestinian President Mahmoud Abbas meet in Jerusalem June 21. Sharon announces that Palestinians have promised to coordinate regarding Gaza withdrawal. PM Abbas postpones Palestinian legislative elections in order to change the election law, amidst growing concern that Hamas will trounce Abbas's Fatah party in the elections. Lebanese elections give a decisive majority to the opposition to Syria, led by Saad Hariri, son of slain leader Rafiq Hariri. HamasFatah June, 200 5 Disengagement - Israeli evacuation of Gaza settlements and four West Bank settlements began on August 15 and was completed August 24. Aug. 15, 2005

23 The Theory of Constraints

24 Mandates and Coalitions  When you have a number of negotiating counterparts, you need to know their place in their system that has sent them, their authority within that administration and the amount of leeway they have  Mobilizing resources, constituencies and stakeholders;  Identifying policy allies, looking for natural coalitions and shared interests; asking yourself how motivated these potential coalition partners are/might be;  Relationship mapping – locating who the real decision maker is. Who influences him;

25 Bridging the Gaps through Creativity  Every person comes to the negotiations they’ve been sent to with his/her own vision, made up of their beliefs, interests and personal experience  Gain empathy, reverse roles  Harvard’s Professor Robert Mnookin: Problem Solving is an orientation that seeks to create value both by minimizing transaction costs and by actively and creatively searching for trade-offs. The goal is to search for solutions that best serve your interests, while also respecting the legitimate needs and interests of the other side.

26 Momentum and Leverage  Maintaining positive momentum  Confidence building measures:  It is essential to create the momentum of conceding little things along the way, in order to bring the other side to closing event  Seek to show visible, tangible change  One needs to know that one has “earned” concessions from the other side; it is deeply rooted in human nature

27 Adapting to Changes in Conditions & Circumstances  Situations are constantly changing and you have to adapt yourself to such changes in accordance with the conditions and the mood of the people on the opposite side  Think quickly, systematically and functionally  Every change is important – but nothing is more significant than getting the substantive agreement concluded and, subsequently, implemented  Follow your intuition

28 Leadership  Negotiations from the leaders’ perspective are merely a mechanism for communicating in order to implement strategies  A leader should be concentrating on leadership, setting out principles and general policy, not on the actual mechanics of the negotiations  The loneliness of the leader at the decisive moment should be addressed sensibly

29 International and Political Negotiators  All negotiators need to strive for the pie to be potentially enlarged  Waiting for ever more ripeness versus the risk of failing and then overcome the heavy price of resuming negotiations after such failure

30 Getting to Closing  In the best-case scenario, the negotiators might be able to bring the parties to a point from which an agreement is achievable  This is the point of balance where the compromises of one side meet the interests of the other and vice-versa

31 August 2011 Thank you, Shalom, Salam


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