The International Negotiations Handbook - Baker & McKenzie

PILPG and Baker & McKenzie
• If possible, your delegation’s interpreter should be experienced
in international negotiations. At a minimum, the interpreter should be
an experienced translator.
• The interpreter is a technical expert that should be hired to be a part
of your delegation. The interpreter must recognize that they are acting
on behalf of, and at the direction of, your delegation.
• Assess the legal rights and positions of all parties involved.
• Evaluate the respective power, as well as the constraints of all parties.
– Political, cultural, economic, social, intellectual.
• Understand the cultures, customs and formalities of the other parties,
and the relative importance of adhering to such formalities.
– Formalities can include when, and in what form, the delegation set out
the delegation’s “demands.”
– Formalities may include the custom of communication in negotiation.
• Know and respect the other delegation’s sensitivity points and “breaking points.”
– The delegation may be able to get a sense of the other party’s deal breakers
by forwarding an agenda in advance of the meeting for their comments.
If the other delegation simply refuses to speak about certain agenda items,
that is a good indication that those items are breaking points.
– The other delegation may have legitimate breaking points. It is worthwhile
to put some effort into finding a way to accommodate their breaking points,
if reasonable.
Although thoroughly researching the parties involved is essential, the importance
of communicating with the other parties and looking at the negotiation from their
perspective cannot be overstated. Sometimes, important information can be gleaned
from informal conversations. If timing allows, consider having preliminary
conversations before the actual negotiation to become familiar with all aspects
described above.
16