Planning the Process and Structuring the Context by Which Information Is Presented (2)

What is the time period of the negotiation?

If negotiators expect long, protracted deliberations, they might want to negotiate the time and duration of sessions. When do we start? How long do we meet? When do we need to end? When can we call for coffee breaks or time to caucus with our team?

What might be done if negotiation fails?

What will happen if we deadlock? Can we “redo” the deal? Will we go to a third-party neutral? Might we try some other techniques?

How will we keep track of what is agreed to?

Many negotiators don’t consider the importance of recording exactly what was discussed and agreed to. Being a recording secretary may be perceived as a tedious and uninteresting job. Experienced negotiators know that this role is critical, however. First, the person with the best notes often becomes the “memory” of the session because her or his notes are later consulted to determine what was said and discussed. Second, the person with the best notes may also volunteer to draft the initial agreement; this person may have some latitude in how the agreement is stated and what points are emphasized or deemphasized. Finally, if the agreement is highly technical or complex, the agreement should certainly be reviewed by experts and specialists-attorneys, financial analysts, accountants, engineers, and so on.

Have we created a mechanism for modifying the deal if necessary?

Finally, do we have a process in place for ensuring that once the negotiation has concluded, we can refine the agreement if necessary? We can’t anticipate all the future situations we might run into, nor can we get every detail right the first time. So we may periodically want to evaluate how our deal compares with (1) our initial plan and (2) how things are working out as we try to implement the agreement.