The Global Negotiator’s Checklist

Use this checklist as a guide to preparing for and conducting your negotiations.

I. Prenegotiation and Preparation

A.   Goals

1. What are our goals and interests in this negotiation?
2. What is our best alternative (BATNA) to this deal? At what point is it preferable not to make a deal? What is our walk-away point?
3. What are the goals and interests of the other side? At what point do we think they will walk away?
4. What is our relationship and history with the other side? How will that relationship affect the discussions?
5. Who are our competitors for this deal?
6. What advantages do we have over our competitors?
7. What advantages do our competitors have over us?
8. How will the existence of competition affect our goals, interests, strategies, and tactics in this negotiation?

B.   Environment

1. Where should the negotiation take place?
2. When will the negotiation take place? Have we checked the local calendar for
3. conflicts, holidays, and other events that may affect the negotiation?
4. How long should we plan for the negotiation to last?
5. When should our team plan to arrive at the negotiation site? Will we arrive far enough in advance of the negotiation to adjust to the surroundings and prepare for the talks?
6. When will we leave the negotiation site? Have we informed the other side of our arrival and departure plans?
7. Have we and the other side agreed on where the various negotiating rounds or sessions will take place?
8. Have we designated a home office person to back-stop the negotiations? Have we agreed on a fixed time to communicate with the home office?
9. What language will be used in the negotiation?
10. Will an interpreter be used? Who will provide the interpretation?

C.   Our Negotiating Team

1. Who will be the members of our negotiating team? Who will be our spokesperson?
2. Does our team have the right balance of functional skills, language ability, knowledge of the country, and negotiating experience?
3. Have specific responsibilities been allocated to individual team members for matters such as logistics, communications, note-taking, etc.?
4. Has our team met to prepare our strategy, to formulate necessary draft documents, conduct simulations, etc.?
5. What specific authority does our team have to make commitments in the negotiation?
6. What third persons can help us negotiate this deal?

D.   The Other Side

1. Are we certain we are dealing with the organization that can deliver what we want?
2. Are we dealing with the right persons or departments in that organization?
3. Are there other parties (especially the government) who should be at the negotiating table?
4. Are we fully informed of the other side’s standing within the country and with its government?

E.   Information and Documentation

1. What information do we need about the other country, company, transactions, etc., before we begin negotiations? How will we obtain it?
2. What information do we need about the members of the other team? How will we get that information? By what date do we need that information?
3. What documents, slides, reports, and publications need to be prepared for the negotiations?
4. What books, journals, reports, and equipment need to be sent to the
5. negotiation site?
6. What local consultants and experts will we need to hire? Should they be present at the negotiations?
7. What documents and other information should we send to the other side before negotiations take place?

F.   Agenda

1. Have we agreed on an agenda with the other side?
2. What items are on the agenda?
3. Does the agenda allow for surprises and topics we would rather not discuss?
4. What items do we want to discuss first?

II. Opening Moves

1. Have we fully introduced all the members of our team?
2. Has the other side fully introduced all the members of its team?
3. Do we know the identity of the leader of the other team and the roles played by its other members?
4. What will the physical arrangements for the negotiations be?
5. Have we spent sufficient time on getting to know the members of the other team?

III. Negotiating Dynamics

1. Have we obtained sufficient information from the other side? Are we listening to them carefully? Do they know that we are listening carefully? What questions do we need to ask them?
2. Do we have knowledge of the other side’s culture? How will that culture affect the way we communicate with each other?
3. What are the principal issues in this negotiation? What order of importance does each have on a scale of 1 to 10?
4. What will be our strategy with respect to each issue? In what sequence will we address the issues?
5. At what point do we put forward our draft agreement as a basis for negotiation?
6. If the other side submits its draft agreement to us, how will we respond?
7. Are we watching for nonverbal as well as verbal forms of communication by the other side?
8. What social occasions with the other side will arise during the course of this
9. negotiation? Are we sure we know how to respond and act appropriately according to local culture?
10. To what ideological factors must we be sensitive during the negotiations?
11. Who will bear the foreign exchange risk in this deal? If we are to bear it, how should we protect ourselves?
12. Have we examined the relevant exchange controls? How will they affect our deal? Will countertrade be a part of this transaction?
13. Has our team agreed to meet at the end of each day to review progress and plan for the next day’s activities?
14. Have we prepared an adequate written record of the negotiations? What
15. communication do we need to make with the other side after each negotiating
16. session?
17. What other follow-up will be necessary? Who will be assigned to do it?
18. What options does the other side have to attain its goals and interests?
19. What options do we have to attain our goals and interests?
20. Are we sure that we really understand the other side’s goals and interests?
21. Are we sure that the other side really understands our goals and interests?
22. Have we fully explained the nature of the transactions we are proposing? Do they fully understand the deal and its implications?
23. What kind of dispute resolution processes should we build into this deal? Mediation? Conciliation? A dispute adviser?

IV. End Game

1. If we do make a deal, are we sure it will last?
2. What future events and trends might affect the agreement? How do we protect ourselves against these events?