A negotiation goes more smoothly if ground rules are adopted. Then if something goes awry at a later time, you can point out the ground rule that has been violated.

There should be two sets of ground rules: 1) ground rules for the negotiations between the two parties and 2) ground rules for the negotiating team itself. This article is about the negotiating team ground rules.

Negotiating Team Ground Rules

1. The Chief Negotiator is the Chief Spokesperson.

Only the chief negotiator can speak on behalf of the team. Others on the team should be discouraged from blurting out comments. The whole point of a team is having a united front so disagreeing with the chief negotiator or saying something that has not been preapproved can be disastrous. Of course, individual members may be an expert for a session. One person may be the one to talk about finance or statistics or health benefits. There should be no surprises.

2. The Chief Spokesperson is the Only Person Authorized to Accept or Reject Proposals and to Make Proposals or Counter-Proposals.

This makes things organized and methodical. This helps keep drafts of the various versions of the agreement as well.

3. Everyone Speaks Though the Chief Spokesperson.

Anyone who wants to speak should send the chief negotiator a note or ask for a caucus. Sometimes a team member gets an idea during the session, but restraint must be used so the idea can be communicated and vetted with the team before it is offered as a proposal.

4. Do Not Discuss Something at a Negotiations Session Unless the Team has Already Agreed.

Even though you have a thought that seems brilliant, keep it to yourself.If you are tempted to say something not previously discussed by the team, remember that once something is said, it cannot be taken back. A misplaced comment can make the whole team look bad.

5. Each Team Member Should Have a Role.

As discussed above, the chief negotiator is the spokesperson. Everyone else should have a role, too. Sometimes it is not that obvious to the other side what that is. There should always be a note taker, who writes verbatim everything that is said. I have found it is almost impossible to keep track of the negotiation and be chief spokesperson at the same time. In the state of Florida, it is state law that minutes be kept of the meetings. One person can look at the other team and their body language. Sometimes a gesture or facial expression will give some indication of the other team's real intent. The words alone can sometimes be meaningless. One person may be in charge of the financial matters or one might be in charge of benefits.This will depend on the size of the team.

6. Nothing is Discussed About the Negotiation Except with the Team.

Confidentiality is very important in negotiations. Any member of the team should not be repeating what has been discussed at a team meeting or at the negotiations with anyone who is not part of the negotiation process.

7. Keep Negotiations Materials Secure.

It is important to keep your negotiations papers organized and in a safe place. Negotiations can be cutthroat and it is important not to invite temptation by leaving them out and not securing them properly.

8. All Team Members Should Attend All Negotiations Meetings.

Of course, there may be times when someone is ill or has an emergency and cannot attend a session. However, a real effort should be made to attend all negotiations meetings. This shows respect and commitment to the process. Once someone misses a couple of meetings, they can lose interest and cease being a useful member of the team. The camaraderie of the team is important and a bond develops when the team works together and makes the effort to attend all meetings.

9. Enjoy the Dynamics of the Negotiations

Sometimes you are stymied by the minutiae of all the different articles, but see if you can sit back and enjoy the dynamics of how negotiations actually works.

Mary Greenwood, Attorney Mediator, and Author of:
How to Negotiate like a Pro, 41 Rules for Resolving Disputes
How To Mediate Like A Pro
Available at https://www.amazon.com.
Visit howtonegotiatelikeapro.blogspot.com
Email: Howtonegotiate@aol.com

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