Rules of Engagement by Brian Buck
I’ve been working recently with a client on a large formal negotiation. In fact, there are 70 people in the negotiating room. Given the size and scope, the negotiation teams agreed on some rules of engagement to keep things organized and orderly. Their approach to the engagement can provide great lessons for even the smallest negotiations. Very few negotiations begin with a discussion around the rules of engagement. If anything, most people will assume unspoken, culturally accepted norms between parties. However, discussing how parties will go about a negotiation can help eliminate unnecessary strain, consternation, or other or other potential deal-derailing Issues. The rules they made about the large negotiation focused on key areas including publicity about the negotiation, how information and proposals will be shared, and the flow of how the talks will progress. Who’s involved — and when? The negotiation has a significant profile in its industry. As such, both parties wanted to ensure when and how certain information is made public to protect the ability of all parties to freely discuss and debate ideas at the negotiating table without fear of public scrutiny. Very few negotiations begin with a discussion around the rules of engagement
Teams working on smaller negotiations might not need to be concerned about dynamics related to publicity, but they might need to care about the dynamics related to when the negotiation gets attention from others not directly involved in the negotiation like stakeholders or decision makers. Involvement from others not sitting at the table negotiating can have an impact on the negotiation. Once others get involved, relationship dynamics among the negotiators can change. So, the more negotiators can be made aware of, or control, the timing of their involvement, the easier it will be for them to adjust and not assume bad intentions. What are the rules? The larger negotiation laid out rules for both parties, including how to introduce proposals, the appropriate times for questions and rebuttals, and topics considered to be on — and off — the record. The team clarified how larger sessions would be used versus the purpose of smaller, sidebar conversations and how they would be reported. Clarifying the rules and agreements about how the negotiation would work was crucial because the outcomes of the negotiations are binding: anything contained within them could be used for litigation or dispute- resolution. Typical negotiations may not need to be as detailed regarding rules of engagement. However, getting an understanding of what’s acceptable and important can help you avoid confusion or frustration. For instance, being very specific about what’s discussed in person versus via email might be beneficial to structuring expectations regarding information exchange. Have an understanding of how proposals are made — are they a package of items that must be considered together, or can individual proposals be made with each line item being accepted or rejected on its own? Knowing the rules can speed up the negotiation.
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