The Odd American View of Negotiation
By Paul R. Pillar
June 21, 2015 "Information
Clearing House" - "National
Interest"
- One of
the unfortunate corollaries of American exceptionalism is a warped
and highly asymmetric conception of negotiation. This conception can
become a major impediment to the effective exercise of U.S.
diplomacy. Although the attitudes that are part of this view of
negotiation are not altogether unique to the United States, they are
especially associated with American exceptionalist thinking about
the supposed intrinsic superiority of U.S. positions and about how
the sole superpower ought always to get its way. The corollary about
negotiation is, stated in its simplest and bluntest terms, that
negotiation is an encounter between diplomats in which the United
States makes its demands—sometimes expressed as “red lines”—and the
other side accepts those demands, with the task of the diplomats
being to work out the details of implementation. Or, if the other
side is not going along with that script and acceding to U.S.
demands, then the United States has to exert more pressure on the
other side until it does accede.This is
markedly different from the rest of the world's conception of
negotiation, in which each side begins with positions that neither
side will get or expects to get entirely, followed by a process of
give-and-take and mutual concession to arrive at a compromise that
meets the needs of each side enough that it is better for each than
no agreement at all.
Americans' domestic experience with negotiation
has been only a partial corrective to their warped view of
international negotiation, and that experience has become even less
of a corrective in recent times. The United States has a long
history of labor-management negotiations that have determined wages
and working conditions of many Americans. But it also was in the
United States that there arose Boulwarism, an approach to labor
relations named after Lemuel R. Boulware, a vice president of
General Electric in the 1950s, consisting of management putting a
single, inflexible, take-it-or-leave-it formula on the table and
refusing to make any concessions to unions. Boulwarism was found to
be an unfair labor practice, but with the decline over the past few
decades of labor unions and of the significance of collective
bargaining for American workers, it in effect has come to prevail in
much of the American economy.
Domestic American politics have followed a similar
trajectory. Once upon a time, give-and-take and finding compromises
were the daily stuff of American politics, including as practiced on
Capitol Hill. Now, in a coarsened and hyper-partisan environment,
they are so rare as to be a news item when they do still occur. What
is now standard is the imposition of red lines—maybe called
something else, such as litmus tests or no-tax pledges—and a focus
on what kinds of pressure or extortion could achieve total defeat of
the other side. Domestic trends, political and economic, thus have
reinforced American ways of thinking about bargaining that have
further entrenched the idiosyncratic and unhelpful American view of
international negotiations.
A consequence of this view is to regard
concessions and compromise not as necessary parts of negotiation but
instead as a source of shame or a badge of weakness. We have seen
this amid the flak the Obama administration is taking from its
political opponents regarding its handling of the nuclear
negotiations with Iran. Among the criticisms, as if this really
should count as criticism, have been observations that the United
States has not rigidly held to what may have been earlier positions
and demands. This sort of flak is found, for example, in a recent
letter to the president from Bob Corker, chairman of the Senate
Foreign Relations Committee. Corker expresses dismay about how the
negotiations have involved movement from the administration's
“original goals and statements,” and he voices “alarm” about reports
of—you'd better sit down before reading this—“potential concessions”
by the United States on some issues on which full agreement has yet
to be reached.
The proper response to such statements is: yes,
the United States has been making concessions, and the Iranians have
been making even more—that's called negotiating.
Americans may not like to think that they are in
the kind of bargaining relationship one might be with a rug
merchant, but a bargaining relationship may exist whether one party
says so or not. Even Boulware was in a bargaining relationship with
labor unions, despite trying to approach the issues at hand as if he
weren't. Inflexibility is an approach toward bargaining, though not
necessarily a good one; it is not a way of making the bargaining
situation go away.
The fallacy of asymmetry in the American
exceptionalist view of negotiation gets exposed when other parties
issue reminders of how negotiation is really a two-way endeavor.
Members of the Iranian majles did so this week with a bill
co-sponsored by a majority of that legislature's members. “At the
moment, the negotiating team is facing excessive demands from the
United States,” said the chairman of the national security and
foreign policy committee. “The bill is being introduced with the aim
of supporting the negotiators,” he said, “and to protect the red
lines drawn up by the supreme leader.” The bill then stated demands
regarding some of the remaining issues regarding international
inspections, research and development, and the timing of sanctions
relief. The majles members probably know as much about rug
merchandising as do legislators in any other country, and it is
unlikely that their bill betokens any failure to understand the need
for compromise. The measure instead is a message being sent to their
counterparts in Washington that two can play the same game and that
no one issued an exclusive license to the United States to draw red
lines.
The give-and-take of negotiation serves at least a
couple of functions that parties on both sides of any issue would be
smart to exploit. One is that this aspect of negotiation is a form
of information gathering, in which the parties feel out what the
other side cares about the most and cares about less, and thus where
within the bargaining space the most mutually advantageous deals can
be struck. Making a particular concession might, of course, be a
dumb move, but it might instead be a prudent response to having
found out more, through the negotiation process, about the other
side's preferences, objectives, and fears.
The give-and-take also means using concessions to
get concessions. However distasteful some Americans may find this
sort of trading, it is a fact of negotiating life, in international
diplomacy as well as in other negotiating situations. Good
negotiators recognize that, which is why they begin with “original
goals and statements” that they fully expect they will not
adhere to rigidly.
The American exceptionalist demand-and-pressure
conception fosters misunderstanding of these realities. And this
failure of understanding can lead to blowing good opportunities to
use diplomacy to the fullest to strike bargains that advance U.S.
interests.
Paul R. Pillar is Nonresident Senior Fellow at
the Center for Security Studies at Georgetown University and
Nonresident Senior Fellow in Foreign Policy at the Brookings
Institution. He is a contributing editor to The National
Interest, where he writes a blog.
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