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Part II: Negotiating Skills 10. Coping Strategies Filling a hollow mandate / Coping with handicapped negotiating power / Coping with handicapped negotiating power: Strategies / Drafting / Submitting / Speaking / Tips and tricks
10.4 Drafting
Negotiators never draft in a vacuum except in the early stages of a negotiation. In general the drafting skills must take the national/regional position and the consolidated negotiating text as a basis.
If the negotiating text is overwhelming: first select all text related to the negotiating position, directly or indirectly. It is on these textual items that the negotiator needs to have a position and draft text. Where the material is neutral the negotiator may wish to ignore it. Where the text goes against the basic position of the negotiator, he or she may need to have alternative drafts ready for the negotiating process.
It is critical to have good drafting skills. There are no quick ways to learn such skills. However, it is important to keep in mind that there should be a combination of:
In drafting, it is important to understand the connotations of specific words (especially in English, since the bulk of the informal negotiations take place in English). There is a hierarchy of words. "Shall" and "decides" are stronger than "should," "may," "recommends," "invites," etc. The effect of strong words in a legally binding document is very high.
It is not enough to draft; one needs to lobby for the draft, circulate drafts and test and improve the language until it gains acceptance amongst coalition partners. Such papers can be circulated informally in corridors, or formally to the sessions of the groups. Then it needs to be officially submitted to the Secretariat.
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