The International Negotiations Handbook - Baker & McKenzie

Chapter 7: Responses To Other Parties
No one approach to responses from other parties can be used for all situations. In
general, responses should come after the other party completes its presentation. In
other words, force the other party to give your delegation an overall view of their
complete position before your delegation responds. This will give your delegation
better insight into the other party’s positions and will allow your delegation to respond
by maintaining its theme and reiterating your delegation’s arguments to the other
party. Once your delegation has heard the other party’s points, do not start to
negotiate until your delegation understands all of the points, making sure to clarify
any points that your delegation does not understand with its overall goals in mind.
Negotiating With An Inexperienced Party
• Your delegation cannot assume that the inexperienced negotiator is a beginner
or that they are going to be somehow “easier” to work with. Often times
inexperienced negotiators are more difficult. Recognizing their experience
level should help your delegation gauge the delegation’s responses and choose
the delegation’s strategies.
• Provide a simple guide to the other side of your delegation’s response so that
they may understand what your delegation’s point of view is – i.e. an outline,
or a verbal roadmap.
• Exploit their first time experience – understand the other party’s background
and the context they are familiar with/relate to, including, for example, their
constituency. Internet searches are very useful for this.
• Be prepared for the other party’s emotional responses. First time negotiators
do not have as much experience with taking their emotions out of their
presentation/response.
• Consider providing a written agenda to guide the discussion.
• Establish the process early. Set a singular tone, e.g. “no,” then make concessions
to allow the other party to feel as if they are getting small gains.
• Demand explanations from the other parties as they respond.
The International Negotiations Handbook
• Gain their trust. Empathize and perhaps tend toward more collegiality by explaining
the benefit of the negotiations to the other parties.
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