ABSTRACT

This chapter discusses both the nature of negotiation and the main characteristics of the negotiating process. Negotiation can be defined as an attempt to explore and reconcile conflicting positions in order to reach an acceptable outcome. The overall concession rate can be considered as consisting of sub-clusters of concessions, the pace of which will be influenced by several variables, whether parts of an issue remain ‘closed’ or non-negotiable and the extent to which decision-makers are operating under time constraints or deadlines. Collegiate-style negotiations are characterised by the subdivision of negotiating issues into blocs or groups, which are allocated on a decentralised basis to sub-committees and working groups reporting to separate chairmen, subordinate to the conference president/plenary. Parliamentary-style multilateral negotiations have been essentially influenced by the procedures, styles and practices of the UN General Assembly. These include extensive use of plenary debate, pluralism through one state one vote and extensive numbers of multi-sponsored resolutions.