The International Negotiations Handbook - Baker & McKenzie

PILPG and Baker & McKenzie
Considering Confidentiality
In any negotiation, all parties will have confidential information that will both help
and hurt their causes. Consider in advance what information needs to remain
confidential and what can be used to bargain with later. Also think about what
confidential information your delegation believes is in the other party’s possession,
and how the delegation might get it.
• If the delegation does not trust the other parties or is concerned that confidential
information disclosed at the negotiation may be divulged, test the other parties
before the negotiation by passing along non-confidential (or benign) information
and see if it is shared with others (“leaked”).
• Assume that anything your delegation says to the other parties will not remain
confidential – no matter what assurances are given.
• Never conduct your delegation’s private discussions in the other parties’
presence. The only absolute way to make sure that your delegation’s
confidential conversations remain confidential is to have them in a private
secure room away from the other parties.
• Once your delegation decides to disclose some confidential information:
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– Do not disclose it all at once. Sharing information should be used in
a strategic way and can be very effective. Reserve some information
to release throughout the day at strategic times (i.e. when it can help
reach agreement on an issue).
– Consider releasing information when the other parties disclose information
to your delegation (reciprocity).