Why Ground Rules are Important in Negotiations

A negotiation between two parties 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 are two types 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 1) ground rules for the negotiations between the two parties.

Ground Rules

1. Preliminaries: The Logistics should be Discussed at the First Meeting

A. Location: Sometimes both parties may agree to meet at the same place for all meetings. In some cases, location is a show of power and the parties may insist that one meeting be held at the Union Hall and the next at City Hall. Some may want to meet at a neutral place.

B. Table set-up: This can be very important. In the 1967 Paris Peace Talks about the Vietnamese War, there was a month-long discussion about the size and shape of the negotiating table. The North wanted a circular table and the South wanted a rectangular table. The issue was not about the table itself, but about respect and saving face and how to set the stage for the negotiations.

C. Number of Negotiators: You may need to limit the number of negotiators. Whatever the number is should be the same for both parties.

D. Starting time and length of sessions.

If there is not a set time such as 2:00 PM to 4:00 PM, there is a tendency to fill the vacuum of time, especially if employees on the teams are on the clock. Of course, if things are going well, you can go beyond the time to close out some articles, but this does help keep things on target.

2. There will be an agenda for each meeting.

This gives form and structure to the meeting and everyone knows what is expected. I prefer to prepare this myself so I can control what is on the agenda.

3. There will only be one spokesperson for each team; the spokesperson is the only one who will negotiate and accept and reject proposals.

4. Everyone will speak with civility and there will be no profanity. One person will speak at a time and no one will be interrupted.

You would think this would not be necessary, but I have been to negotiations where four letter words were used, tempers flared, and voices were raised. I have found it helpful to step back and calmly say that Rule #3 has been broken and remind the parties why we are here. Then I also mention it again at the next meeting.

5. Give specific deadlines: Otherwise parties will come up with new proposals at the end of negotiations.

A. All proposals will be submitted by the fourth meeting

B.Topics to be negotiated will be selected by the second meeting

6. Either party can call a caucus whenever it wishes, but it will let the other party know if it will last more than 30 minutes.

This allows either party to meet on its own to respond to proposals. By giving an estimated time, the other party can decide whether to wait or do something else.

7. Both parties agree to exchange information and comply with reasonable requests for information. The party requesting the information agrees to pay reasonable reproduction costs.

8. Cell phones will not be brought to the negotiations. If one needs to make a phone call, a request for a break will be made.

9. The parties agree to discuss and confirm the date of their next negotiation session at the close of every session.

Setting the ground rules at the first session helps to set the tone for the negotiations. The parties know what is expected and the negotiations are more professional.




Mary Greenwood, Mediator, Attorney and Author ofHow To Negotiate LIke A Pro: 41 Rules for Resolving Disputes, Winner of six book awardsBest How To Book, DIY FestivalRunner Up, New York Book Festival, E-Book and Self-Help CategoryFinalist ForeWord Magazine Book of the Year AwardsFinalist, Best National Book Awards, Self-Help CategoryHonorable Mention, London Book FestivalHow To Mediate Like A Pro: 42 Rules for Mediating DisputesWinner of five book awardsBest National Book AWard, Law CategoryBest E-Book, New York Book FestivalBest How To Book, Beach Book FestivalBest E-Book, Indie Excellence AwardsSpirit AWard, South Florida Writers AssociationEmail: howtonegotiate@aol.comwww.marygreenwood.com