The International Negotiations Handbook - Baker & McKenzie

• Once the delegation is at the negotiation:
The International Negotiations Handbook
– Use the delegation’s greeting (and the tone of the delegation’s greeting) to
become acquainted.
– Observe and adapt to the personalities, tempo and goals of the other parties.
Be sure to pursue the delegation’s overall strategy or tone, established in the
pre-negotiation planning sessions with your technical experts, counsel.
• Once the negotiation has started, be prepared to adjust if new information
is presented. However, any alteration of the prepared strategy should be
done with a similar amount of planning and consideration.
– The delegation’s spokesperson should lead the negotiation by reminding the
participants of the rules and goals. By taking charge of the discussion, your
delegation will maintain its control.
– Make some strategy decisions before delving into substantive issues:
• Does the delegation want to invite the other party to talk substantively
first (so that your delegation can learn before having to present its positions)?
• Does the delegation want to start with easy substantive issues or areas
of agreement (so that the delegation will have success early on and create
good momentum)?
• Does the delegation want to present its most important issues first?
– If the other parties are in control of the discussion, your delegation can try
to regain, or establish, control without educating the other parties about
your delegation’s strategies:
• Say very little and let the other parties express themselves to help your
delegation learn about the other parties.
• Answer questions and use the opportunity to direct the conversation
towards issues that your delegation deems more important (or areas
where your delegation has more confidence). Know your delegation’s
strengths and weakness and move the conversation away from its weaknesses.
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