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Introduction:
Joshua Weiss, Associate Director, Global Negotiation Project, Program on Negotiation, Harvard University, discusses his research that suggests a gradual approach to negotiation that tackles the less contentious issues first is not the only way forward.
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This rough transcript provides a text alternative to audio. We apologize for occasional errors and unintelligible sections (which are marked with ???).
Gradual Approach to Negotiation
Joshua Weiss
Associate Director, Global Negotiation Project, Program on Negotiation, Harvard University
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A: Well, I should probably just explain what I mean by sequencing, because
there are a few different conceptions out there. I mean, the reason I actually
chose to study this topic for my dissertation was because I felt like it was a
very understudied, almost assumed kind of idea, particularly in that larger
intractable conflict realm. And what I mean by sequencing is that mediators tend
to have a plan in their head about how to go about ordering the issues involved,
and about when to deal with the issues in the process that are considered by the
parties to be the most contentious. In other words, the traditional method in
intractable conflicts is what I call a gradualism approach, an incremental, step
by step kind of thing. I think the Oslo process between the Israelis and the
Palestinians is a very good example of that.
Q: Which means you start small, you agree on process, you agree onÂ…
A: You start with the easier issues and you work your way up to the harder
ones eventually. I mean that's the theory behind it all, and it makes sense,
because there's not trust between the parties. In the literature I kept seeing
that this was the way you would do it, and I never really saw a deep analysis of
what we mean by sequencing and of whether we are sure that that's the only way
to do this. I guess if there's anything that I would say characterized some of
my work, it's to look at the fundamental assumptions that we make about
different processes and to ask if those are accurate or not. With regard to
sequencing, I just wasn't convinced that it was. That doesn't mean that
I don't think a gradual process can't work. I think for most people in this
field, if they work on divorce mediations or more interpersonal kind of things,
a gradual approach may very well be the best.
I think part of the decision about
how to sequence issues is dependent on the context of the conflict. It's
dependent on the relationship between parties. There are a lot of variables, and
so what I set out to do was to ask, is this actually the only way to try to make
peace in these situations? And what I ended up finding was that there are
actually three main models on how to do this., There were a few more peripheral
ones that need some more research, and there could quite possibly be other
models as well. I think there is an "A" way to sequence negotiations.
I think that's point number one. And I think a lot of the ways in which people
try to sequence these issues depends on their experience in the past, or
habituation. I mean, if they've used something in the past and it's succeeded,
if it's tended to work, that becomes our general approach until it disproves
itself.
Q: Isn't that fairly limiting?
A: There are some conflicts that different processes have been tried and the
level of frustration is high. Let me just use Oslo for an example because the
core of the conflict, the final status issues were left essentially to be dealt
with at a later date. And there was an attempt to get there but the reality was
that they never really got to the final status issues, and by the time that they
were making the attempt there was a lot of frustration on the ground, because
they've been fighting for decades and the core of what they're fighting about
hasn't really been addressed. One of the premises of the gradual approach is
that you build trust along the way. The problem is that there are a lot of
spoilers and other people who don't want the process to succeed. On one level, I
felt like the gradual approach doesn't really take that into consideration, or
if it does it minimizes the importance of that. You know, one thing that I
believe in is that there is a natural momentum once you sign a peace agreement.
I think one of the conclusions, or a tentative conclusion, that I came away from
my dissertation with was that you don't have to resolve the core issues of the
conflict right away. I think what you have to do is you have to start working on
them and show the people on the ground, who ultimately make this thing work or
not, that progress is being made on those issues. Otherwise, their ability to
support the process or their desire to support the process is going to wane
quickly. You also have to make certain that some changes are happening on the
ground so people can see that their lives are improving from peace processes.
Gradual approaches don't often tend to do a lot of that. I'll go back to Oslo
for a minute. One of the premises was this sort of "Oslo spirit" that
was developed in the negotiation process, and that's fine between the parties
involved, but very little was done to bring the societies along in the same way.
Q: The grassroots, the sort of lower levels?
A: Yeah, because they're the bridges that are going to make this thing stick
when problems exist. In fact I heard similar complaints about the process in
Northern Ireland, that there really seems to be a gap between the people at the
top who negotiate the agreement and the people at the bottom who need to support
it and maintain it and sustain it over time. One of the other strategies, and I
borrowed the term from McCormick???, who was talking about it in a public policy
context, is sort of a "boulder in the road" approach, where one of the
major issues is at the beginning. It's a boulder that has to be moved before
anything else can really happen, and you can't work your way up to it. A good
example of that was apartheid in South Africa. It was fairly hard to not do away
with apartheid before you would deal with everything else.
To be fair,
they reverted to more of a boulder in the road process after they had tried
gradual approaches that didn't really seem to get them there. So there is almost
a sequence of sequencing strategies, or there can be. Then in Northern Ireland
and in other places there was sort of a committee approach, where instead of
trying to deal with easy to hard or hard to easy issues, they determined what
the core issues were in the conflict. They sort of divided the teams to deal
with them simultaneously and move forward with the agreement that there was no
agreement until everything was agreed to, basically. And there are a few other
approaches, but those were the three dominant ones that emerged. And part of the
reason why I think it's helpful to have that is because now the mediator can
look at a situation and say, okay, I know in the past I've used a gradual
approach, but let me gage the level of frustration here. How many issues are
involved in this problem? Maybe one of these other strategies is worth trying.
Still, the gradual approach is one that is safer, and it is also one that the
more dominant party tends to want to use because they can control it more
easily.
Q: Because they don't have to make big concessions on the real issues?
A: Right, exactly, whereas the boulder in the road approach is sort of high
risk, high gain. If the process collapses, it's going to be hard to start a new
one, and it may in fact even lead to renewed fighting. It's hard to know. So
there are different challenges with each one, but I think my dissertation was in
some ways, at least in my mind, a way of laying a foundation to really study
this topic, because people had mentioned it but there wasn't really a deep
assessment of it all. And there is a lot more. I mean, the value at the end of
the day is to be able to say which sequencing strategy is most appropriate in
which conflict. Well, if I could do that I probably wouldn't be sitting here,
I'd be advising some people. And the problem is that there are naturally so many
variables involved in peace processes, and sequencing is just one. It doesn't
determine success, but I will tell you for sure that if you don't get the
sequencing right, it's certainly going to lead to failure.
Q: If you get it rightÂ…
A: If you get it right, nobody notices. If you don't get it right it can
collapse the process.
Q: And how do you know you had it right if it didn't work anyway?
A: Potentially, it may not have been the cause of the failure, but it could
be. You know, the best analogy I could give, if I was explaining this to the
layperson, is to say look, when you get up in the morning you don't put your
shoes on first, because then you can't get your pants on. If you realize that,
you put your pants on first and then you put your shoes on, and after a while it
becomes second nature and it becomes something that you do and you don't think
about it. That's sort of what sequencing is about, that it's a hidden kind of
issue, and until it doesn't work, you don't notice it. So I think that was part
of my purpose, was to draw attention to the fact that that's how we see
sequencing as well.
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