The International Negotiations Handbook - Baker & McKenzie

Setting The Setting: Where To Conduct The Negotiation
In preparing for a negotiation, the setting can make a difference. Using physicality
and logistics strategically and understanding how the setting can affect the parties
involved and the negotiation itself is an integral part of preparation. By making
decisions based on those understandings, the delegation should be able to choose
a setting strategically that will help the delegation meet the delegation’s goals.
• What setting would help achieve the delegation’s interests?
– Determine which aspects of the setting the delegation is willing to compromise,
and which the delegation is not.
• Evaluate various aspects of the setting and ask how each aspect can help the
delegation to achieve a successful negotiation.
– Geographic setting.
• Home location vs. other parties’ location vs. neutral location – weigh the
importance of having all parties feel comfortable against the advantage
of gaining or losing a subtle psychological advantage (and potentially leaving
the other party at a slight psychological disadvantage).
• Ask whether the location allows for the safety, security and confidentiality
of all parties involved.
– Accessibility.
• Remote location vs. easily accessible.
The International Negotiations Handbook
– Ask whether the delegation wants the negotiation to be free from
distractions and whether the delegation wants the media to have access.
– Does the setting allow each party the ability to confer privately
in comfortable surroundings?
• Does the delegation want access to the media, or to avoid media scrutiny?
• Would the delegation benefit from access to external assistance, such as
embassies, consulates, etc.?
17