IR 312 DIPLOMACY UNDERSTANDING ASPECTS OF DIPLOMATIC NEGOTIATION

IR 312 DIPLOMACY UNDERSTANDING ASPECTS OF DIPLOMATIC NEGOTIATION Dr. Jared O. Bell, Assistant Professor of International Relations and Public Administration Faculty of Business and Administration International University of Sarajevo

Announcement!! NO CLASS Monday DECEMBER 26, 2016 NO CLASS Monday JANURY 2, 2017

Who Engages in Diplomatic Negotiations? Who do you think engages in Diplomatic Negotiations?

Diplomatic Negotiations are… carried out by people who usually act for International organizations or on behalf their respective countries. Diplomats, the official representatives of their countries, bring all of their country’s power and prestige to the negotiating table, putting the negotiations under extra pressure, but also bringing risks with it that must be limited.

Vienna Convention and Diplomatic Negotiation The diplomatic negotiator is protected by many rules and procedures, which see to it that no one state can be raised above the other. The Vienna Convention of 1961 put into black-letter law the accumulation of European practices, norms, values and regulations assembled over the centuries.

Why are Diplomatic Negotiations Different from other types? The difference between the official representative of a state, whether this person is a diplomat or an internationally functioning civil servant, and the negotiator who represents a company or other group, is based on the formal character of the negotiation mandate of the first. The instruction that the diplomat gets as a negotiator carries the status of the state. This almost emotional dimension of the empowered negotiator of a country is often an obstacle in searching for and finding the most rational and effective solution for differences.

Why are Diplomatic Negotiations Different from other types? (Cont. ) After all, in addition to the ‘honour’ of the country, issues such as public opinion, the political position of ministries and parliament and, sometimes, military leaders play a great role. The political dimension, with its emotional aspects, often leads to negotiation results that, mildly stated, are ‘unbalanced’ and ‘not carefully thought out’.

Planning for Negotiations Coming together to Negotiate means Planning for Negotiations. Parties have to be ready to discuss their interests and what they are willing to compromise and do.

Negotiation Strategies The negotiation strategy of states is, in part, determined by the state’s structure and the hierarchy within the ministries. Differences influence the process of negotiation its outcome, and can make communication difficult. This explains why there has been so much discussion going on for some time about a certain harmonization of the structure of the different ministries of foreign affairs, up to the point of proposals for radical change. Diplomats who negotiate for a federation, such as the Federal Republic of Germany, often have to deal with a long negotiation process within their country, whereby their instructions often arrive late and their position is inflexible. Centralized countries with a clearer command structure, such as France, can operate much more quickly, but the basis of acceptance of the decision taken is sometimes too narrow. This may lead to decisions that will be rejected by segments of the population, with strikes and boycotts as a consequence.

Bargaining States may used Interest or Positional bargaining to get what they want in a the process of a negotiation.

Positional bargaining is a negotiation strategy that involves holding on to a fixed idea, or position, of what you want and arguing for it and it alone, regardless of any underlying interests. Example: Israel and Palestine

Interest based Bargaining Interest-based bargaining “win-win bargaining”) is a negotiation strategy in which parties collaborate to find a “win-win” solution to their dispute. This strategy focuses on developing mutually beneficial agreements based on the interests of the disputants. Interests include the needs, desires, concerns, and fears important to each side. Example: Iranian Nuclear Power Deal

Progress in Inter-state Negotiations Progress in inter-state negotiations depends on a number of factors: the mutual dependence of the countries involved; the quality of their political relations; power relations between the states; and the priority that states give to the subjects under negotiation. In addition, the skills and prestige of the diplomats play a role, but they must still operate within the four named parameters and must thereby use the negotiating space to the best of their ability in order to find a solution or to undermine the negotiate

Outcome Predictability The unpredictability of diplomatic negotiations and their outcomes is problematic. Unpredictability is bad for stable relations between states and is bad for effective negotiations. It is up to the diplomat to demonstrate his abilities and to improve predictability. In order to do this, the diplomat must be formal and flexible at the same time. He or she must maintain relations and continue to work precisely in those instances in which the conflicts threaten to become the most serious.

Outcome Predictability (Cont. ) Power must be used in situations in which states consider themselves inviolable, which calls for great knowledge of the dossiers. Diplomats work in extremely complex situations, making it necessary for them to have a lot of professionalism and general skills and knowledge. In negotiating, which by definition is a paradoxical method because of competitive and cooperative elements at the same time, the diplomat is confronted with difficult situations for which an acceptable solution must be found

Tasks of Diplomatic Negotiators Diplomatic negotiators not only have the task of problem-solving; sometimes their task is to conceal problems, to introduce uncertainty and ambiguity instead of clarification. Diplomats should also know their BATNA (Best Alternative to a Negotiated Settlement).

BATNA ( Best Alternative TO A Negotiate Agreement is the most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached. BATNA is the key focus and the driving force behind a successful negotiator. A party should generally not accept a worse resolution than its BATNA. Care should be taken, however, to ensure that deals are accurately valued, taking into account all considerations, such as relationship value, time value of money and the likelihood that the other party will live up to their side of the bargain.

(BATNA Continued) The BATNA is often seen by negotiators not as a safety net, but rather as a point of leverage in negotiations. Although a negotiator's alternative options should, in theory, be straightforward to evaluate, the effort to understand which alternative represents a party's BATNA is often not invested. Options need to be real and actionable to be of value however without the investment of time, options will frequently be included that fail on one of these criteri

Determining your BATNA Attractive alternatives are needed to develop a strong BATNA. In the best-selling book Getting to YES: Negotiating Agreement Without Giving In, the authors give 3 suggestions of how to accomplish this: Inventing a list of actions one might take if no agreement is reached Converting some of the more promising ideas and transforming them into tangible and partial alternatives Selecting the alternative that sounds best

Important Aspects for Negotiators to Understand when Negotiating Across Cultures Negotiations are rarely easy, mainly because they tend to consist of two sides trying to “beat” the other. However, if you ever find yourself working internationally or cross-culturally, negotiating can be even harder.

Important Tips when Negotiating Across Culture Everything from language barriers to body language to how you meet-and-greet can have an impact on your negotiations. Should the two parties get off on the wrong foot or be working from two completely different cultural premises, there is potential for things to go wrong. That’s why it’s important to enter such negotiations with a certain amount of knowledge and preparation beforehand. If you go in thinking that you can effectively use tactics that are specific to your country or culture, then you’re probably in for a reality check.

Learn a bit about the culture you are going to be negotiating with – go online, read books or even better find someone from that culture willing to answer questions.

Understand their expectations from the negotiation process prior to the meeting, pick up the phone or send an email with an agenda and some ideas on what you seek to achieve in order to prompt similar preferences from the other side.

Don’t jump to assumptions and conclusions in the negotiation process if someone says or does something that seems really odd, the chances are it isn’t. Think about possible cultural reasons behind the behavior and try not to rationalize according to your own view of the world.

If you sense confusion always clarify and re-check for understanding when it’s impossible to work out what’s going on, put the brakes on and ask. Simply expressing your willingness to learn or show sensitivity can lead to good things.

Speak slower, avoid fancy language and keep it simple Always, always temper your language. Think how you would feel being in another country trying to negotiate in another language.

Use your active listening skills it’s always a good policy to ask questions, sit back and listen to the answers. The more you let the other party speak, the more information you will have to use to your advantage.

Explain the decision making process from your side and ask for them to clarify theirs who makes the decisions tends to differ from culture to culture. In more hierarchical countries, it is usually always the boss who has the final say. Outline how it works from your end and elicit the same from them so you are able to plug any potential gaps in terms of information or next steps.

Pay attention to potential gender dynamics If you are working across cultures and genders, make sure you are fully aware of any sensitivities. For example, some Muslims tend not to shake hands with the opposite sex. In some cultures they may assume that the woman present is not of consequence whereas in reality they may be the decision maker.

Keep it professional no matter how challenging it may get Even if the negotiations are testing your patience always remain courteous and keep it to business. Some cultures like to test and prod the other party to gauge their trustworthiness factor. Others may take any loss of temper as disrespectful and soon kill off any further discussions.

Readings Raman, Smutko (2015). pp. 1 -38