““EFFECTIVE EFFECTIVE NEGOTIATIONS”NEGOTIATIONS”

DEFINING NEGOTIATIONSDEFINING NEGOTIATIONS

Negotiations - not exact scienceNegotiations - not exact science

Some definitions of negotiations:Some definitions of negotiations:

To confer with another with a view to To confer with another with a view to agreement or compromiseagreement or compromise

DEFINING NEGOTIATIONSDEFINING NEGOTIATIONS

Negotiation occurs when two parties are Negotiation occurs when two parties are trying to agree on something. Both have trying to agree on something. Both have something that they want to gain and something that they want to gain and something that they are willing to concede something that they are willing to concede

Negotiation is the art of getting what you Negotiation is the art of getting what you want by persuading others that they will want by persuading others that they will benefit by reaching an agreement with you benefit by reaching an agreement with you

WHY NEGOTIATEWHY NEGOTIATE

Increasing mutual dependenceIncreasing mutual dependence

To overcome ‘differences’/conflicts To overcome ‘differences’/conflicts due to increased competition for due to increased competition for scarce resourcesscarce resources

Benefits from cooperative approach Benefits from cooperative approach vs confrontational approachvs confrontational approach

5 STYLES OF MANAGING 5 STYLES OF MANAGING CONFLICT CONFLICT

CompetitionCompetition CollaborationCollaboration AccommodationAccommodation CompromiseCompromise AvoidanceAvoidance

COMPETITIONCOMPETITION: : strong desire to meet own needs and lack strong desire to meet own needs and lack of concern for the needs of others.of concern for the needs of others.

COLLABORATIONCOLLABORATION: : acknowledge the needs of all parties, acknowledge the needs of all parties, desire to meet needs of all parties involved desire to meet needs of all parties involved to the maximum.to the maximum.

ACCOMMODATIONACCOMMODATION: : willing to meet the needs of others at the willing to meet the needs of others at the expense of one’s own needs.expense of one’s own needs.

COMPROMISECOMPROMISE: : desire to find a solution that partially desire to find a solution that partially meet the needs of all parties involved.meet the needs of all parties involved.

AVOIDANCEAVOIDANCE: : desire to evade the issue at hand.desire to evade the issue at hand.

SUCCESSFUL NEGOTIATION SUCCESSFUL NEGOTIATION DEPENDS ON:DEPENDS ON:

PreparationPreparation KnowledgeKnowledge SkillsSkills PowerPower

PREPARATIONSPREPARATIONS Know the subject / agendaKnow the subject / agenda Delay accepting agenda if proponents Delay accepting agenda if proponents

lack general supportlack general support To influence the agenda, be proactive To influence the agenda, be proactive

and not reactiveand not reactive Underlying motivation of partiesUnderlying motivation of parties Strength/weakness of negotiating parties Strength/weakness of negotiating parties Possible options for resolution.Possible options for resolution. TeamworkTeamwork

PREPARATIONSPREPARATIONS (contd) (contd)

Match defensive strategies with offensive Match defensive strategies with offensive demandsdemands

Consult stakeholdersConsult stakeholders MandateMandate KnowledgeKnowledge

SKILLSSKILLS InterpersonalInterpersonal PersuasivePersuasive Articulate (clarity)Articulate (clarity) LanguageLanguage LeadershipLeadership

POWERPOWER

legitimate powerlegitimate power

reward powerreward power

coercive powercoercive power

reference powerreference power

MULTILATERAL / REGIONALMULTILATERAL / REGIONAL ASEANASEAN

WTOWTO OICOIC NAMNAM

BILATERALBILATERAL

MULTILATERAL / REGIONALMULTILATERAL / REGIONAL (contd)(contd)

Negotiating in a unipolar worldNegotiating in a unipolar world ‘‘Like-minded GroupsLike-minded Groups ‘‘Friends of the Chair’Friends of the Chair’ Lobbying process Lobbying process PlenaryPlenary RetreatsRetreats

TACTICSTACTICS

Filibustering (delaying)Filibustering (delaying) DeflectingDeflecting

draw in other partiesdraw in other partiesdraw in other related issuesdraw in other related issues

TACTICS (contd)TACTICS (contd)

CoalitionCoalition– Join in and / or create coalitionJoin in and / or create coalition– If extreme positions prevail, create If extreme positions prevail, create

moderating coalitionsmoderating coalitions– Avoid isolationsAvoid isolations– Veto power before rather than after Veto power before rather than after

agenda is set agenda is set

TACTICS (contd)TACTICS (contd) Bolster negotiating positionBolster negotiating position

– LobbyistLobbyist– Legal adviceLegal advice– Close consultation with friends and Close consultation with friends and

adversariesadversaries– repeat arguments as-nauseumrepeat arguments as-nauseum– Negotiating team to consist of different Negotiating team to consist of different

personalitiespersonalities– Engage civil society (?)Engage civil society (?)

NEGOTIATING PROCESSNEGOTIATING PROCESS

Trade Negotiations Committee Trade Negotiations Committee (TNC) structure, negotiating (TNC) structure, negotiating groups and guidelines already in groups and guidelines already in place at the WTOplace at the WTO

Need to respond to mandates Need to respond to mandates and keep to tight negotiating and keep to tight negotiating deadlinesdeadlines

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NEGOTIATING PROCESS (contd)NEGOTIATING PROCESS (contd)

National preparation to firm up positions National preparation to firm up positions with inputs from all stakeholders with inputs from all stakeholders

To lobby support through participation To lobby support through participation in all related fora and in key capitalsin all related fora and in key capitals

Negotiators need to be constantly Negotiators need to be constantly provided with technical inputsprovided with technical inputs

NATIONAL PREPARATIONSNATIONAL PREPARATIONS

National Committee on Multilateral National Committee on Multilateral Trade Negotiations overseeing Trade Negotiations overseeing domestic consultation of various sub domestic consultation of various sub Working GroupsWorking Groups

Working Groups :Working Groups :– Comprising government, private Comprising government, private

sector, academia and other interest sector, academia and other interest groupsgroups

– Providing input to Malaysia’s Providing input to Malaysia’s negotiatorsnegotiators 20

NATIONAL PREPARATIONSNATIONAL PREPARATIONS (contd)(contd)

Expert Group Meeting on WTO IssuesExpert Group Meeting on WTO Issues– Brainstorm WTO issues critical to Brainstorm WTO issues critical to

MalaysiaMalaysia

Briefings on WTO Briefings on WTO

DOMESTIC CONSULTATIONDOMESTIC CONSULTATION

Working Group on Non-Working Group on Non-Agriculture ProductsAgriculture Products

Working Group on Working Group on AgricultureAgriculture

Working Group on Working Group on ServicesServices

Working Group on WTO Working Group on WTO RulesRules

Working Group on Working Group on TRIPSTRIPS

Working Group on Working Group on InvestmentInvestment

Working Group on Working Group on Competition PolicyCompetition Policy

Working Group on Working Group on Government Government ProcurementProcurement

Working Group on Working Group on Trade FacilitationTrade Facilitation

Working Group on Working Group on Trade and EnvironmentTrade and Environment

Working Group on Working Group on E-CommerceE-Commerce 22

National Committee on Multilateral Trade Negotiations

DISCUSSIONDISCUSSION

QUESTIONSQUESTIONS

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Thank YouThank You