9. Make agreements you WANT to keep
The vital importance of negotiating deals you not only accept but WANT to keep has rarely been clearer
The recent announcement of the Windsor Framework agreement between UK Prime Minister Rishi Sunak and EU Commission President Ursula von der Leyen is notable in several ways. Not only does it make trade easier between Great Britain and Northern Ireland post-Brexit, it marks a new phase of UK/EU relations where trust and pragmatism seem to be regaining their rightful place in the functioning of diplomacy. And, perhaps even more importantly, it’s an agreement that both sides will WANT to keep.
You might think that’s an obvious quality for the results of a negotiation. It isn’t. Sometimes deals are struck reluctantly, with one or even both sides dissatisfied. In those cases anger persists, people try to wriggle out of what they agreed, and rancour can continue for many years. A case in point is the Northern Ireland Protocol negotiated by former Prime Minister Boris Johnson during Brexit (and now expanded by the new framework).
The protocol was agreed in order to ensure no trade border between Northern Ireland and Ireland. There are three ways to do this; UK and Ireland both in the EU (which used to be the case), the whole UK following EU rules (proposed by Johnson’s predecessor Theresa May and roundly rejected), and Northern Ireland only following EU rules, which necessitates a trade border in the Irish Sea between Great Britain and NI. Having tried and failed to negotiate many other fanciful possibilities (electronic tagging for goods, airships patrolling the border, unspecified ‘alternative arrangements’), Johnson unexpectedly agreed to this third option in October 2019.
There were immediate clues that he didn’t do so wholeheartedly. He immediately spread confusion having agreed that customs forms would be required by assuring people in NI they could ‘throw any customs forms in the bin’. The UK government repeatedly refused to implement the processes and checks they’d agreed by unilaterally extending deadlines. They failed to build agreed customs infrastructure. They attempted to blame the EU for the arrangements (despite having agreed to them). The disagreements spread to other UK-EU affairs including the Horizon science research programme. The UK government even started legislation to over-ride their own agreement (which is pretty much impossible under international law).
Trust is key
This is all an unfortunate example of how a poorly negotiated agreement can poison relations between the parties for years. After Johnson was deposed by his own MPs in disgrace and the short-lived debacle of Liz Truss as PM, Sunak steadied the ship and started to build better relations. He had worked out (as had most negotiation experts) that trust between the parties is key. If one party doesn’t trust the other to even implement what’s agreed, they have no incentive at all to offer any concessions and things just get stuck. Former Swedish Prime Minister Carl Bildt has been very open about this in recent days.
It seems to me that Johnson’s negotiation strategy was doomed to failure. Attempting to exert hard power you don’t have, threatening retaliation you can’t deliver and side-lining anyone with knowledge of your negotiation partner are three great ways to mess up. Using what you know, and what you can sensibly guess, about your partner’s position is the way to start preparing for negotiations.
Solution Focused negotiating
At SFWork we looked at Solution Focused ways to tackle negotiations some years ago. My colleague and friend Roy Marriott led the work. Roy is among other things an ordained Buddhist and sometimes wrote under his Buddhist name of Shakyakumara. Roy quickly identifies this aspect of ‘agreements you’ll WANT to keep’ as crucial in finding useful end points in even very tough situations.
We started by looking at what was already working in negotiating. At that time (and even now) most people think of Getting to Yes by Roger Fisher and William Ury of the Harvard Negotiation Project. First published in 1981, this has quite rightly become a classic text, and has changed the way we think about negotiating. Other books have followed from this school of Principled Negotiation, including Getting Past No in 1991, and more recently Beyond Reason and The Power of a Positive No.
When we set about finding ways to build and transform negotiations with Solutions Focus, we found in these books a wealth of wonderful ways to move negotiations forward. We also found some confusion – many people told us that the ideas weren’t “sticking”, and they weren’t quite sure how to actually go about negotiating.
We evolved a way of approaching difficult negotiations with an eye on simplicity and effectiveness (as one might expect from the pragmatic, what’s working SF approach). We devised three ART criteria for effective negotiation: Agreement, Relationship and Time. This was coupled with a five-part process ingeniously called MAGIC.
What makes a useful negotiation?
We thought that the best result from a negotiation is an Agreement that all sides want to keep, with an improvement in Relations between parties, and effective use of Time. Agreements that the people involved want to keep are very effective. Agreements can of course be enforced, but that is costly and time consuming. This is even more important in a world which functions less in terms of organisational hierarchy and increasingly in terms of negotiated relationships and agreements - with more and more pressure to deliver results quickly.
A novel element of SF negotiation was the role of Negotiation Partner. This can be a member of the team or it can be someone brought in especially. The Negotiation Partner looks after the process and guides through the MAGIC elements (even when others at the table wish to use adversarial techniques, tricks or power). The Negotiation Partner helps develop the Agreement, Relationship and Time-efficiency dimensions of the negotiation, leaving the primary interested parties free to focus on their interests and aspirations for the deal.
It's MAGIC!
So how to achieve these ART results? Solutions Focused negotiation takes the form of MAGIC; Mapping, Aspirations, Ground, Innovations and Closure. These can be used as a process or as individual tools to help move a negotiation forward. Let’s look at these one by one.
Mapping: Before negotiating, it is important to map out the territory, to get the ‘lie of the land’. MAGIC offers a very clear structure for how to do this mapping - to get a clear picture of your desired outcome, how you might achieve this through this negotiation, and under what conditions you should simply walk away.
This mapping process is most effectively done through coaching – either within a negotiating team or even with an outside coach. We have found the results of this can be remarkable, especially in terms of the confidence with which people can then approach their negotiation.
Aspirations: The key to getting what you want from a negotiation is knowing what you want! This obvious fact is easy to overlook in the heat and pressure of the negotiating table. Solutions Focus tools provide ways of clarifying interests and aspirations, in such a way that they are both concrete and meaningful, while maximizing room to manoeuver at the table. These tools ease the way to the collaborative relationship that is the key to achieving good Agreement, Relationship and Time results.
Ground refers to two things. The first is the importance of beginning with common ground. After all, what’s being sought is agreement, and that is best built on whatever agreement is already in place. Neglecting this stage results in time wasted in needless disputes. Ground also refers to the separate ground of each party – where they stand if negotiations fail. SF gives us efficient ways to build on this ground – which is the key to leverage and power in negotiation.
Innovations refers to the creative problem solving process that negotiators have aspired to since “Getting to Yes” was first published. It is far from easy to get from the natural adversarial negotiating position to the position of trust in which genuinely creative problem solving is possible – and SF tools can really help make this happen.
Closure is the final stage of a negotiating process. Sometimes difficulties remain, and there are many ways of dealing with these, but sometimes all it takes is a simple handshake to recognise that we have innovated our way to agreement. Closure draws together all that has gone before in building the MAGIC and makes it real. Taken together, these ideas offer a genuine leap forwards in negotiation technology.
Three key aspects of Solution Focused negotiating
I’d like to point at three particular facets of this approach to negotiating.
1. Look at the benefits of a great agreement – at the start
When we start negotiating we can have little idea about where things might actually end up. Flexibility is key and the final position may well evolve considerably during the process. So, trying to start out with a firm idea of the shape of the final outcome is, we think, pretty hopeless. The UK Brexit negotiators under both Theresa May and Boris Johnson were very fond of publicly declaring their ‘red lines’, things they would never agree to. This was meant mostly for home consumption, but of course the EU can read the British press as well as anyone.
A finer way of making things more difficult can scarcely be imagined. The main impact of public red lines is to box oneself in, remove flexibility and, most likely, give your supporters a stick with which to beat you when you’ve conceded a little to get a lot. You may have things you’re determined not to concede – but much better to keep these private and see how matters emerge around the table.
One of Roy’s brilliant innovations was to start out not by thinking about the shape of a good agreement, but instead looking at the benefits of getting a good deal. Suppose we reached an excellent outcome… what would be the benefits to us? And to the other side? It’s a kind of Platform building (in SF terms) for the negotiation. Having a first attempt at marrying up benefits for both sides with what they are known to value is a terrific way to set out. It starts to bring more clarity on what we are really seeking to achieve, not what soundbites we can send to supportive journalists.
2. Establish common ground early
What is already agree-able without much difficulty? This is a good way of building relationships early in the process and it gives a sense of positive movement. And of course if something you thought would be clear turns out not to be, then it can be factored in rather than sticking with assumptions what have proven unfounded. This has the effect both of getting something down, and of also starting to bring the more difficult areas into focus.
Of course having agreed something, it is not good for trust to then go back on it. This happened early in the Brexit negotiations when the EU insisted that ‘sufficient progress’ was shown on three key areas (the rights of EU citizens in the UK after Brexit, the money settlement and (again) the Irish Border). In December 2017 an initial agreement was reached on these aspects, which would allow things to progress to other issues. The agreement was announced on the Friday. By the Sunday morning, Brexit minister David Davis was on TV saying it wasn’t a real agreement and he didn’t necessarily intend to keep it. A more damaging own-goal is hard to conceive in terms of undermining trust.
3. Innovate using SF tools to make progress at the final stages
Genuinely creative negotiating is not possible under conditions of mistrust. Any suggestion from one side may well be shot down by the other more as an act of flag-waving (or waving of other members). This is where connecting what both parties value (and particularly what they value differently) can be very important, and patience to stick at things pays off. One of my key Solution Focus sayings is that ‘change is happening all the time’. What is not quite acceptable now may look different in an hour’s time, especially if one or two small things have also shifted. Once again, ‘red lines’ are the enemy of a good agreement.
David Davis has blamed the UK Civil Service for reaching a bad Brexit deal. He apparently thinks that a good atmosphere in the room is a sign of failure and submission. He is wrong, of course. He seems to be worried that good relationships can lead to advantage being taken. This is a classic confusion of putting the cart before the horse. Nobody has to agree anything they don’t want to, and to insist that bad blood leads to better agreements is – how can I put this in civil service terms – an ‘interesting’ position. (Which means it’s bonkers.)
In conclusion
At the time of writing it seems as if the Windsor Framework will stick (perhaps with theatrical mumblings of disgruntlement from die-hard Brexiters). A bad situation has been made (at least a little) better). And it turns out that trust could only be rebuilt not by changing the agreement but first by changing the negotiator. To organise both humanely and effectively, negotiate agreements you want to keep. And don’t be a David Davis and equate aggression with strength. More about that another time.
Please feel free to make comments and ask questions below. I read them all. And ‘like’ the post if, well, you liked it.
Dates and mates
Roy Marriott is an outstanding Master Certified ICF coach, facilitator and consultant. He brings together rare qualities; the incisiveness of a Cambridge mathematician and the openness and patience of a long-term Buddhist practitioner. I’ve known him for over 30 years and he is unmatched in terms of skill, alignment and downright usefulness. If only he wasn’t so busy… More about Roy and his work at https://www.roymarriott.com/.
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Very good article Mark. I like the way you compared the SF approach to the example, it was enlightening.
Thank you and what a great way to bring more MAGIC inte work⭐️!