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Negotiation Strategies
April 2019
Small Steps and Quantum Leaps in Negotiation
Dear Clients and Friends,

In a recent news item which went much unnoticed due to the concurrent release of the Mueller Report, the president reversed a decision of his Treasury Department to impose further "large-scale" sanctions on North Korea. Was this a good decision from a negotiation standpoint?

Read this month's edition of Negotiation Strategies for an analysis and lessons to be gleaned from this unusual reversal of policy.

For your reading convenience, this column is also summarized in the Lessons Learned bullet points at the bottom of the page.

With Best Wishes

Raphael Lapin
Small Steps and Quantum Leaps in Negotiation
Introduction
A couple of weeks ago an item of news received little attention, being eclipsed by the release of the Mueller Report. Although perhaps not very significant in its own right, it provides an important opportunity for negotiation scholars and practitioners to analyze and learn from.

On March 22 nd, 2019, President Trump reversed a decision by his Treasury Department to impose additional large-scale sanctions on North Korea. “I have today ordered the withdrawal of those additional sanctions!” tweeted the president without much further explanation.

A New York Times article on March 22 nd   stated: “[This Decision] created confusion at the highest levels of the federal government, just as the president’s aides were seeking to pressure North Korea into returning to negotiations over dismantling its nuclear weapons program”.    
   
Cogent arguments were contended against the president’s decision. Some argued that the reversal of the Treasury Department’s decision conveyed a state of disarray in U.S policy – not an image that we wish to project to friends or foes. Others were concerned about not exerting a policy of maximum pressure on the North Korean regime, without which they are unlikely to unwind their nuclear weapon program. Another reservation expressed was that the reversal would tarnish and undermine the world’s opinion about American resolve.

Can an argument be made in favor of the president’s reversal of the Treasury Department’s “large-scale sanctions” decision?
Be Consistent in a Dispute Resolution Process
When embroiled in a dispute of any kind, careful and deliberate consideration needs to be given as to the appropriate process best suited to resolve that dispute. Is it to be negotiation or mediation? Or is it perhaps litigation or war? Is diplomacy more appropriate or would a campaign of threats, pressure and intimidation be more effective? (See also: Choosing the Appropriate Dispute Resolution Process ).

Once an appropriate process has been decided upon, it is important to implement that particular process exclusively, without contaminating it with elements of other processes. For example, when mediating a civil or commercial dispute, always request a moratorium on any further legal proceedings for the duration of the mediation. Otherwise the negotiation will be undermined and confused by an adversarial litigation process, which will destabilize negotiation efforts and lead to certain failure.
As such, the president needed to clearly identify which dispute resolution process he was engaging and to make sure not to confuse it with any other process. Even after the failed negotiations in Hanoi in February, both sides committed to continue talking. The chosen process it appeared, was still to be negotiation.
Take Small Steps
A critical element of negotiation in general, and in the North Korean negotiations in particular, is to consistently introduce trust and confidence building measures. Small trust building steps now can potentially generate quantum leaps later.

President Trump, still being committed to a process of negotiation, reversed a decision made by his own Treasury Department, to send a message of trust, confidence and goodwill to his counterpart. It immediately produced reciprocity on the other side, with the North Koreans returning to the joint liaison office with the South, overturning a decision to defiantly abandon that symbol of peace just a day earlier.

The importance of small steps towards demonstrating trust, confidence, reliability and goodwill in contentious negotiations cannot be over emphasized. These small steps are the key to quantum leaps!
Lessons Learned
  • In any dispute, think carefully about the most appropriate process for resolving the dispute. This may require consultation with a dispute resolution professional.
  • Once the appropriate process has been determined, stick to that process exclusively and do not contaminate it with elements of other processes.
  • When negotiation is the chosen process, be willing to use small trust building measures to help advance talks.
  • Remember: Small steps lead to quantum leaps!

Lapin Negotiation Services offers training, consulting, advising and executive coaching in negotiation, business diplomacy and dispute resolution services.

Our proprietary and aggressively results oriented services are designed to help your leadership, teams and individuals master the essential negotiation, relationship-building and conflict management skills that increase revenues, decrease the high cost of conflict and build strong working relationships.
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