10.6 Speaking

The negotiator must always have permission from the head of delegation and from the Chair before he or she may speak. It is a daunting task to speak coherently and clearly in a room full of negotiators. It is thus very important to have a written text that is either already submitted or ready for submission, as the basis for the interventions. Time is also very precious, so it is vital that the comments raised are to the point, brief, and crisp. Avoid repetition. This is easier when you have the written text before you. It is also better to spend less time on opening statements and more on textual suggestions. Make sure that the proposal you have submitted is the subject of discussion and does not get brushed away without at least some consideration. If others object to your text, try to enter into a discussion of the reasons why you proposed the text.

When statements made by others are not clear, ask clarifying questions to understand what the statements actually mean. Don't assume that everyone else in the room has understood. This gives you and other negotiators time to consider a response. Do not just ask: "what does this mean?" Instead, ask "does this mean?..." This way you can ensure that you are not given a response that does not really answer your questions. Ask exploratory questions. Discuss the pros and cons of an issue openly. This helps to increase the bargaining space for yourself, while also serving to clarify the issue for colleagues. This enhances the degree of comprehension and the ability to respond.

In addition, you need to watch out for every single addition made to the text. For example, if you are insisting on a clause to include compensation for adaptation, and the other Party insists on including the word "proven" you have to understand what that means. It means that only when the cause-effect link is proved beyond reasonable doubt, is it possible to request compensation from other countries! Be wary of accepting vague concessions. Make them specific by including content, targets and timetables before accepting!

When unhappy with the suggestions of other countries, remember that silence is consent: did you want to consent? If not, you need to speak. In doing so, avoid repeating yourself. In negotiating, don't assume that the Chair is your friend in the meeting, even if he or she comes from your region. The Chair will get annoyed if you keep repeating your text, without making changes in wording to reach consensus. Avoid using words like "delete." Keep proposing to use new compromise language. Go from "discourage" to "consider"; from "assist" to "explore." As the opening to your intervention, try to avoid statements like "we disagree," "we hold to our own position" and instead try to think in terms of "in the spirit of compromise," "in order to take account of...," "in the interest of reaching agreement," "to promote consensus," "can agree with," "to meet our own interests and yours," etc. Disagreement on a text is usually expressed by putting it in square brackets‹[ ], through footnotes and through optional versions.

If you want the other side to accept something, use your bargaining chips; but never give in without demanding something else in return. Make temporary reservations when you are not sure if the package as a whole will be acceptable. Summarize what has been agreed, when you think you may have secured a concession or when you have refused a concession. Make sure that there is no room for misunderstanding.

During the negotiation process, the bracketed text will be slowly "unbracketed." Never agree to remove one text in one place without adding something at the end of another sentence or text. If the clause includes a "shall" up-front and there is heavy negotiation on the following text, then it is vital that in the process of negotiation the Parties do not trade the substance for the "shall," because this will weaken the intent of the clause. Add "if appropriate," "if necessary," wherever you want to weaken the text. Remove these kinds of clauses when you want to strengthen the text. Keep alert if the other Party wants to include such language. In negotiation theory there is often talk of splitting the job of negotiating between a "good guy" and a "bad guy." If the other side has a good guy and a bad guy, get into discussion with the good guy.