4 Working Towards More Effective Negotiations

4.3 Different Modes of Negotiation: Oral, Written, Direct, Indirect

Each instance of humanitarian negotiations requires consideration of the best approach (direct or indirect) and medium (oral or written) given the particular context. In many cases, a combination of approaches and media may be required.

To assist in deciding how best to employ these approaches and media, humanitarian negotiators should consider the following points.

Figure 1—Summary of 3 phases, 9 steps in humanitarian negotiations

4.3.1 Direct versus Indirect Negotiation

• Direct negotiation with the armed group helps to foster personal relationships that can assist in building consensus and securing agreement. Direct negotiation can help to build trust and respect between negotiating parties, and a strong relationship can bring personal commitment to ensuring implementation of an agreed outcome. In many instances, strong personal relationships can overcome differences on substantive issues.
  
• Indirect negotiations using an intermediary can leverage the negotiating experience and contacts of that intermediate organization, and can free up resources (such as personnel, logistics, time) within a delegating humanitarian organization to enable it to focus on other aspects of its humanitarian work.
  
• In using an intermediate negotiator (often called an “agent”), humanitarian organizations must ensure that the intermediary shares the humanitarian motivations, ethos and interests of the delegating organization. Intermediate agents bring their own interests to the negotiations, and the delegating agency must ensure that its interests are adequately represented in the negotiations.
  
• Building a relationship with the armed group and maintaining direct control of the negotiating strategy are two factors that suggest direct negotiations with armed groups are preferable to indirect negotiations. However, humanitarian organizations may wish to consider entering into indirect humanitarian negotiations when: (1) political or security concerns favor indirect negotiations with the armed group; (2) the intermediary humanitarian organization has ongoing negotiations/contacts with the armed groups and can effectively represent the organization's interests; and (3) the intermediary has experienced negotiators available to lead the process.

4.3.2 Oral and Written Communications

• Humanitarian negotiators can employ a combination of oral and written communications in advance of, during and following humanitarian negotiations. While written statements of negotiating process — for example, statements of intent (to negotiate)—may be useful Humanitarian Negotiations with Armed Groups 53 tools to keep the process of negotiations ‘on track', the benefits of such agreements need to be balanced with the time investment required to jointly develop them, and to secure agreement on them with the armed group.
  
• Written communications bring significant added value when it comes to concluding an agreement. Many armed groups will be reluctant to 'sign on' to any written agreement. However, a written agreement has the potential to capture unambiguously the scope and objectives of the agreement; the obligations of each party; and mechanisms for implementation, dispute resolution and enforcement.
  
• Written agreements can also assist in communicating the substance of the agreed outcome to members of the armed group, to other armed groups and to other humanitarian partners.
  
• When drafting a written agreement two options present themselves: negotiators can either use a ‘single text' method, or can compile a document working from two draft agreements that are developed separately by the parties. Using the ‘single text' approach, the negotiating parties work together on a single text and include inputs and concerns simultaneously or sequentially. The benefit of a single text method is that it gathers the concerns/provisions of both parties in a single document, and allows for quick review of the provisions suggested by the other party.