One of Faure’s insights concerns the mindset of negotiators—a factor negotiators themselves often believe is irrelevant, but which Faure and his colleagues believe can often determine the outcome. Incompatible values on the two sides of the table, he says, are much harder to bridge than practical differences, like an argument over a boundary or the mechanics of a cease-fire. As Faure says, “A quantity can be split, but not a value.” This is what Faure saw at work when the Palestinians and Israelis embarked on a rushed negotiation at the Egyptian seaside resort of Taba during Bill Clinton’s final month in office. The two sides had already reached an impasse at a lengthier negotiation in 2000 at Camp David. With the end of his presidency looming and Israeli elections coming up, Clinton summoned them back to the table for a no-nonsense session he hoped would bring speedy closure to disputes over borders, Jerusalem, and refugees. The Palestinians, however, felt that the two sides simply didn’t share the same view of justice and weren’t truly aiming at the same goal of two sovereign states—and so didn’t feel driven to make a deal. That mismatch of long-term beliefs, Faure says, doomed the talks.
There are other warning signs that emerge as patterns in failed talks. Time and again, parties embark on tough negotiations already convinced they will fail—a defeatism that becomes a self-fulfilling prophesy. In interviewing professional negotiators, Faure and his colleagues found that they often don’t pay that much attention to the practical aspects of how to run a negotiation—a surprising lapse.
Faure and his team have found that a well-planned process is one of the best predictors of success, and that many negotiations are terrible at it. When the European Union and the United States talked to Iran about its nuclear program, various European countries kept adding extraneous issues to the talks, for instance linking Iran’s behavior with nukes to existing trade agreements. The additions made the negotiations unwieldy, and provoked crises over matters peripheral to the actual subject. In the case of the mediation over Cyprus, the Greek and Turkish sides didn’t bother coming up with any tangible proposed solution to negotiate over, instead talking vaguely about a Swiss model. Negotiations failed in part because neither side knew what that would mean for Cyprus.
Ultimately, Faure argues, mistrust and inflexibility tangle up negotiators more than any other factor. Negotiators often end up demonizing the other side, and as a result might embark on a process that by its structure encourages failure. For instance, Israeli and Palestinian reliance on mediators to ferry messages—even between delegations in the same resort—maximizes misunderstandings and minimizes the possibility that either side will sense a genuine opening.
What emerges from Faure’s work, overall, is that the outlook for negotiations is usually pretty bleak—certainly bleaker than Faure himself prefers to highlight. In some cases, he suggests that diplomats should put off an outright negotiation until they’ve dealt with gaps in trust and cultural communication, or until the conflict feels “ripe” for solution to the parties involved. There’s no point, he suggests, in embarking on a negotiation if all the stakeholders are convinced it’s a waste of time—indeed, a failed negotiation can sometimes exacerbate a problem.
The most promising scenarios occur when both sides are suffering under the status quo, which creates what social scientists call a “mutually hurting stalemate,” with soldiers or civilians dying on both sides, and a “mutually enticing opportunity” if there’s a peace agreement or a prisoner swap. In that case, a decent deal will give both sides a chance to genuinely improve their lot.
Unfortunately for the many whose hopes are riding on negotiations, the truly challenging international problems of our age don’t always come with a strong incentive to compromise. In military conflicts, there is little incentive to resolve matters when a conflict is lopsided in one side’s favor (Shia versus Sunni in Iraq, Israel versus Hamas, the Taliban versus the United States in Afghanistan). The same holds in broader international agreements: They’re complicated and intractable largely because the states involved are—no matter what they say—quite comfortable with the status quo. Think about climate change: The biggest gas-guzzlers and polluters, the ones whose assent matters the most for a carbon-reduction treaty, are often the last states that will pay the price for rising oceans. Meanwhile, the poorer nations whose populations are most at the mercy of sea levels or changing weather have little clout. Just as it’s easy for a relatively secure Israel to stand pat on the Palestinian question, there are few immediate consequences for the United States and China if they sit out climate talks.Continued...