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“ EFFECTIVE NEGOTIATIONS”
DEFINING NEGOTIATIONS Negotiations - not exact science Some definitions of negotiations: To confer with another with a view to agreement or compromise
DEFINING NEGOTIATIONS Negotiation occurs when two parties are trying to agree on something.  Both have something that they want to gain and something that they are willing to concede  Negotiation is the art of getting what you want by persuading others that they will benefit by reaching an agreement with you
WHY NEGOTIATE Increasing mutual dependence To overcome ‘differences’/conflicts due to increased competition for scarce resources Benefits from cooperative approach vs confrontational approach
5 STYLES OF MANAGING CONFLICT  Competition Collaboration Accommodation Compromise Avoidance
COMPETITION :  strong desire to meet own needs and lack of concern for the needs of others. COLLABORATION :  acknowledge the needs of all parties, desire to meet needs of all parties involved to the maximum.
ACCOMMODATION :  willing to meet the needs of others at the expense of one’s own needs. COMPROMISE :  desire to find a solution that partially meet the needs of all parties involved. AVOIDANCE :  desire to evade the issue at hand.
SUCCESSFUL NEGOTIATION DEPENDS ON: Preparation Knowledge Skills Power
PREPARATIONS Know the subject / agenda Delay accepting agenda if proponents lack general support To influence the agenda, be proactive and not reactive Underlying motivation of parties Strength/weakness of negotiating parties  Possible options for resolution. Teamwork
PREPARATIONS  (contd) Match defensive strategies with offensive demands Consult stakeholders Mandate Knowledge
SKILLS Interpersonal Persuasive Articulate (clarity) Language Leadership
POWER legitimate power reward power coercive power reference power
MULTILATERAL / REGIONAL ASEAN WTO OIC NAM BILATERAL
MULTILATERAL / REGIONAL  (contd) Negotiating in a unipolar world ‘ Like-minded Groups ‘ Friends of the Chair’ Lobbying process  Plenary Retreats
TACTICS Filibustering (delaying) Deflecting draw in other parties draw in other related issues
TACTICS (contd) Coalition Join in and / or create coalition If extreme positions prevail, create moderating coalitions Avoid isolations Veto power before rather than after agenda is set
TACTICS (contd) Bolster negotiating position Lobbyist Legal advice Close consultation with friends and adversaries repeat arguments as-nauseum Negotiating team to consist of different personalities Engage civil society (?)
NEGOTIATING PROCESS Trade Negotiations Committee (TNC) structure, negotiating groups and guidelines already in place at the WTO Need to respond to mandates and keep to tight negotiating deadlines
NEGOTIATING PROCESS (contd) National preparation to firm up positions with inputs from all stakeholders  To lobby support through participation in all related fora and in key capitals Negotiators need to be constantly provided with technical inputs
NATIONAL PREPARATIONS   National Committee on Multilateral Trade Negotiations overseeing domestic consultation of various sub Working Groups Working Groups : Comprising government, private sector, academia and other interest groups Providing input to Malaysia’s negotiators
NATIONAL PREPARATIONS   (contd) Expert Group Meeting on WTO Issues Brainstorm WTO issues critical to Malaysia Briefings on WTO
DOMESTIC CONSULTATION Working Group on Non-Agriculture Products   Working Group on Agriculture   Working Group on Services   Working Group on WTO Rules   Working Group on TRIPS   Working Group on Investment   Working Group on Competition Policy   Working Group on Government Procurement   Working Group on Trade Facilitation Working Group on Trade and Environment   Working Group on  E-Commerce   National Committee on Multilateral Trade Negotiations
DISCUSSION QUESTIONS
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Effective Negotiation

  • 2. DEFINING NEGOTIATIONS Negotiations - not exact science Some definitions of negotiations: To confer with another with a view to agreement or compromise
  • 3. DEFINING NEGOTIATIONS Negotiation occurs when two parties are trying to agree on something. Both have something that they want to gain and something that they are willing to concede Negotiation is the art of getting what you want by persuading others that they will benefit by reaching an agreement with you
  • 4. WHY NEGOTIATE Increasing mutual dependence To overcome ‘differences’/conflicts due to increased competition for scarce resources Benefits from cooperative approach vs confrontational approach
  • 5. 5 STYLES OF MANAGING CONFLICT Competition Collaboration Accommodation Compromise Avoidance
  • 6. COMPETITION : strong desire to meet own needs and lack of concern for the needs of others. COLLABORATION : acknowledge the needs of all parties, desire to meet needs of all parties involved to the maximum.
  • 7. ACCOMMODATION : willing to meet the needs of others at the expense of one’s own needs. COMPROMISE : desire to find a solution that partially meet the needs of all parties involved. AVOIDANCE : desire to evade the issue at hand.
  • 8. SUCCESSFUL NEGOTIATION DEPENDS ON: Preparation Knowledge Skills Power
  • 9. PREPARATIONS Know the subject / agenda Delay accepting agenda if proponents lack general support To influence the agenda, be proactive and not reactive Underlying motivation of parties Strength/weakness of negotiating parties Possible options for resolution. Teamwork
  • 10. PREPARATIONS (contd) Match defensive strategies with offensive demands Consult stakeholders Mandate Knowledge
  • 11. SKILLS Interpersonal Persuasive Articulate (clarity) Language Leadership
  • 12. POWER legitimate power reward power coercive power reference power
  • 13. MULTILATERAL / REGIONAL ASEAN WTO OIC NAM BILATERAL
  • 14. MULTILATERAL / REGIONAL (contd) Negotiating in a unipolar world ‘ Like-minded Groups ‘ Friends of the Chair’ Lobbying process Plenary Retreats
  • 15. TACTICS Filibustering (delaying) Deflecting draw in other parties draw in other related issues
  • 16. TACTICS (contd) Coalition Join in and / or create coalition If extreme positions prevail, create moderating coalitions Avoid isolations Veto power before rather than after agenda is set
  • 17. TACTICS (contd) Bolster negotiating position Lobbyist Legal advice Close consultation with friends and adversaries repeat arguments as-nauseum Negotiating team to consist of different personalities Engage civil society (?)
  • 18. NEGOTIATING PROCESS Trade Negotiations Committee (TNC) structure, negotiating groups and guidelines already in place at the WTO Need to respond to mandates and keep to tight negotiating deadlines
  • 19. NEGOTIATING PROCESS (contd) National preparation to firm up positions with inputs from all stakeholders To lobby support through participation in all related fora and in key capitals Negotiators need to be constantly provided with technical inputs
  • 20. NATIONAL PREPARATIONS National Committee on Multilateral Trade Negotiations overseeing domestic consultation of various sub Working Groups Working Groups : Comprising government, private sector, academia and other interest groups Providing input to Malaysia’s negotiators
  • 21. NATIONAL PREPARATIONS (contd) Expert Group Meeting on WTO Issues Brainstorm WTO issues critical to Malaysia Briefings on WTO
  • 22. DOMESTIC CONSULTATION Working Group on Non-Agriculture Products Working Group on Agriculture Working Group on Services Working Group on WTO Rules Working Group on TRIPS Working Group on Investment Working Group on Competition Policy Working Group on Government Procurement Working Group on Trade Facilitation Working Group on Trade and Environment Working Group on E-Commerce National Committee on Multilateral Trade Negotiations