The International Negotiations Handbook - Baker & McKenzie

PILPG and Baker & McKenzie
Some methods to develop this trust include:
• Be attentive to the physical comfort of all the parties in the negotiation.
• Be polite, courteous and receptive to the statements, ideas and positions taken
by the other parties from the outset.
• Engage in some casual discussion prior to starting the day’s negotiations and
during the breaks, if appropriate, to establish a rapport with the other parties.
• Observe the culture and customs of the other parties where appropriate.
• Demonstrate the delegation’s trustworthiness by substantiating what the
delegation says with substance (i.e., documents, video, or statements from
a neutral third party who is trusted by the other parties).
• Do not mislead or otherwise exaggerate claims when the facts and claims are
well known to the other parties – lying will not establish trust and continued
exaggeration will only harm the delegation’s credibility.
Whatever methods your delegation uses, they must always be part of a thoughtful
and purposeful choice selected to achieve the delegation’s overall goals.
Before The Negotiation
The negotiation process begins long before the delegation and the other parties
arrive at the negotiation location on the scheduled date. Early decisions, seemingly
routine and simple (including selecting a date and location, determining who should
and will participate (on the delegation’s side and theirs), and structuring the agenda),
can be as important as the negotiation itself. These decisions will set the stage for
and define the scope of the negotiation, establish power and control and, ultimately,
position the delegation for success. Embrace every opportunity to define
the negotiation parameters.
• Any delegation, regardless of relative strength or positions of power, can (and
should) be prepared to take the initiative.
• By some manner of preliminary communication (phone call, letter or otherwise),
take the initiative to begin the negotiation process on your delegation’s terms.
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– Establish basic rules.