The International Negotiations Handbook - Baker & McKenzie

PILPG and Baker & McKenzie
Identify The Delegation’s Best Alternative To A Successful
Negotiation
In setting the delegation’s goals, keep in mind what will happen if the delegation is
unable to reach a negotiated solution. The delegation’s best alternative to a successful
negotiation sets a standard against which proposed settlements should be measured;
it is more flexible than the ultimate “bottom line.” The delegation’s best alternative
to a successful negotiation should remind the negotiator that there are other objectives
that may be achieved even without a negotiated resolution.
• Define the alternatives to participating and achieving a negotiated solution.
– It may be that it is not necessarily in your delegation’s best interest to negotiate
at all, or even to reach agreement with the other parties.
– It is key that your delegation recognize that a negotiation is part of a longer
peace-building process.
• Prioritize the alternatives.
• Determine the best alternatives to a successful negotiation of all other parties
to determine each of the other parties’ relative positions in the negotiation.
(This is an example of a task for the “red team.”)
Determining and evaluating the delegation’s best alternative to a successful negotiation
must be accomplished while the delegation is in the goal-setting stage to help the
delegation choose the most successful strategy in the negotiation. It will help the
delegation determine which short and long-term goals should be prioritized.
Managing Expectations
A negotiation is an imperfect process. The delegation’s efforts may not result in
the process or even the outcome the delegation planned and hoped for. When the
delegation does reach the delegation’s goals, it may be later in the process than the
delegation expected. The delegation will consider and plan for as many variables
as possible in planning for the delegation’s negotiation. When setbacks take place,
it is essential to have managed the expectations of the delegation that the delegation
does not lose its focus or the delegation’s commitment to its goals and strategies
from simple, temporary, and inevitable setbacks.
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