Principle based NEGOTIATION & Consultation Course number: PSD01 Lecturer:

1. Principle based NEGOTIATION & Consultation Course number: PSD01 Lecturer:

2. NEGOTIATION Back to Basics

3. Interview your neighbour Their name and where they are from What they do in their work One thing they would like to improve in their own negotiating skills

5. F ig h t ! N e g o t i a t e !

6. The F r a m e ! This Photo by Unknown Author is licensed under CC BY-SA

7. The two sisters & the orange Compromise often gives unwise agreements

8. If all you have is a hammer … … then all your problems look like nails

9. Roger Fisher: Samuel Williston Professor of Law emeritus at the Harvard Law School and Director of the Harvard Negotiation Project (now the Harvard Programme on Negotiation)

10. “While collaboration is something we all say we desire, we end up in combative negotiations time and time again. Our winning philosophy comes at the expense of the other person. This is exactly the opposite of the mutual-gain approach that Getting to Yes preaches.” Keld Jensen former chair of the Centre for Negotiation at Copenhagen Business School

11. “we now have negotiations founded upon low trust, irrationality, and displeasure.” “To make our negotiations more successful, we need to change our mentality.” Keld Jensen former chair of the Centre for Negotiation at Copenhagen Business School

12. Keld Jensen former chair of the Centre for Negotiation at Copenhagen Business School “While collaboration is something we all say we desire, we end up in combative negotiations time and time again. Our winning philosophy comes at the expense of the other person. This is exactly the opposite of the mutual-gain approach that Getting to Yes preaches.”

13. Separate the People from the Problem Focus on Interests not Positions Invent Options for Mutual Gain Insist on Objective Criteria and the B A T N A the best alternative to a negotiated agreement

14. Separate the People from the Problem Focus on Interests not Positions Invent Options for Mutual Gain Insist on Objective Criteria and the B A T N A the best alternative to a negotiated agreement

15. Separate the People from the Problem Focus on Interests not Positions Invent Options for Mutual Gain Insist on Objective Criteria and the B A T N A the best alternative to a negotiated agreement

16. Separate the People from the Problem Focus on Interests not Positions Invent Options for Mutual Gain Insist on Objective Criteria and the B A T N A the best alternative to a negotiated agreement

17. ?

18. Quick Arena Scan What do we want, andwhy do we want it? What do they want, and Why do they want it? Where do we agree? Where is it neutral? Where do we disagree? What issues will need creative solutions to be invented? Are we, or they, in danger of crossing trip wires?

19. So let’s make a quick arena scan of the following case: Who are the players? And What are the issues?

20. Who are the players? And What are the issues?

21. Making a “Quick Arena Scan” • First complete the framework of the matrix on the wall • parties involved (stakeholders) down the side There are different categories of users: Local government, national government, citizens, business and • All the issues involved, across the top (Please choose no more than nine issues)

22. Analyzing with a “Quick Arena Scan” • Use the matrix of the parties involved (stakeholders) down the side and the issues involved across the top. • Analyse what we think are the standpoints, arguments and interests of the other parties (you need to talk to people) It’s all about listening

23. Back to your group to add to the quick arena scan • Issues / arguments: • own positions and interests • other parties positions and interests • Standpoints of parties (colours on their position relative to your own) and their interests (reasons) • Own strategies / tactics to deal with these

24. "Constituencies" Parties absent 3. Champion Parties present • Inform your constituency about the parties and their position and interests regarding the issues, as well as your recommendation on the own negotiating position and the underlying interests. 2. Represent party 1. Mandate Lobbying Agree-ments Scan Negoti-ating and solve issues • Then negotiate a useable mandate from your constituency which is in your negotiation instructions (or directive)

25. Separate the People from the Problem Focus on Interests not Positions Invent Options for Mutual Gain Insist on Objective Criteria and the B A T N A the best alternative to a negotiated agreement

26. Separate the People from the Problem Focus on Interests not Positions Invent Options for Mutual Gain Insist on Objective Criteria and the B A T N A the best alternative to a negotiated agreement

27. "Constituencies" Parties absent 3. Champion Parties present 2. Represent party 1. Mandate Lobbying Agree-ments Scan Negoti-ating and solve issues

28. Lobbying

29. Assignment: Draft points you want a mandate for: points format for three issues on a flipchart for the Kievan Rus case

30. Example Directives for the negotiation of an agreement with the United Kingdom of Great Britain and Northern Ireland setting out the arrangements for its withdrawal from the European Union … 11. Safeguarding the status and rights of the EU27 citizens and their families in the United Kingdom and of the citizens of the United Kingdom and their families in the EU27 Member States is the first priority for the negotiations because of the number of people directly affected and of the seriousness of the consequences of the withdrawal for them. The Agreement should provide the necessary effective, enforceable, non-discriminatory and comprehensive guarantees for those citizens' rights, including the right to acquire permanent residence after a continuous period of five years of legal residence and the rights attached to it.

31. Some further reading Roger Fisher, William Ury, with Bruce Patton, 2011.Getting to Yes: Negotiating agreement without giving in. Revised Edition. Penguin Books. ISBN: 978-0143118756. William Ury, 1999. Getting Past No: Negotiating with difficult people. Revised Edition. Bantam. ISBN: 978-0553371314. Douglas Stone, Bruce Patton, Sheila Heen, 2010. Difficult Conversations: How to discuss what matters most. Updated Edition. Penguin Books. ISBN: 978-0143118442. Roger Fisher, Daniel Shapiro, 2006. Beyond Reason: Using emotions as you negotiate. Penguin Books. ISBN: 978-0143037781.

32. William Ury, 2008. The Power of A Positive No: How to say no and still get to yes. Hodder Paperbacks; First Edition. ISBN: 978-0340923801. G. Richard Shell, 2006. Bargaining for Advantage: Negotiation Strategies for Reasonable People. 2nd Edition. Penguin Books. ISBN: 978-0143036975. Gavin Kennedy, 2010. Essential Negotiation. The Economist. Second Edition. Bloomberg Press. ISBN: 978-1576603529

34. M. P. C. M. (Rinus) van Schendelen, 2014. Machiavelli in Brussels: The Art of Lobbying the EU -- Updated New Edition. ISBN: 978-9053567661. Rinus van Schendelen, 2014. More Machiavelli in Brussels: The Art of Lobbying the EU. Amsterdam University Press; 3rd Updated, Revised edition. ISBN: 978-9089641472.