What failed negotiations teach us
Process matters, the time must be ripe—and other wisdom from discussions gone wrong
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Rockets and mortars have stopped flying over the border between Gaza and Israel, a temporary lull in one of the most intractable, hot-and-cold wars of our time. The hostilities of late November ended after negotiators for Hamas and Israel—who refused to talk face-to-face, preferring to send messages via Egyptian diplomats—agreed to a rudimentary cease-fire. Their tenuous accord has no enforcement mechanism and doesn’t even nod to discussing the festering problems that underlie the most recent crisis. Both sides say they expect another conflict; experience suggests it’s just a question of when.
Generations of negotiators have cut their teeth trying to forge a peace agreement between Israel and the Palestinians, and their failures are as varied as they are numerous: Camp David, Madrid, the Oslo Accords, Wye River, Taba, the Road Map. For diplomats and deal-makers around the world—even those with no particular stake in Middle East peace—Israel and Palestine have become the ultimate test of international negotiations.
For Guy Olivier Faure, a French sociologist who has dedicated his career to figuring out how to solve intractable international problems, they’re something else as well: an almost unparalleled trove of insights into how negotiations can go wrong.
For more than 20 years, Faure has studied not only what makes negotiations around the world succeed, but how they break down. From Israel and the Palestinians to the Biological Weapons Convention protocol to the ongoing talks about Iran’s nuclear program, it’s far more common for negotiations to fail than to work out. And it’s from these failures, Faure says, that we can harvest a more pragmatic idea of what we should be doing instead. “In order to not endlessly repeat the same mistakes, it is essential to understand their causes,” he says.
In a recent book, “Unfinished Business: Why International Negotiations Fail,” Faure commissioned case studies and analysis from more than a dozen academics and actual negotiators, which he then used to make a systematic survey of the causes of failure. Some of the most important conclusions they reach are as simple as they are surprising. Their most important is that the seemingly boring matter of the process is much more likely to cause a negotiation to fail than the difficulty of the problem itself. Failed negotiations can sometimes be the precursors to a later success. There are also times when negotiations make a problem worse, especially when it is not “ripe” for settlement yet. And finally, despite their commitment as a group to coming up with something akin to an international negotiator’s handbook, Faure and his collaborators argue that sometimes negotiations are simply the wrong tool in the first place.
Today’s international order turns on successful negotiation. When we think about what’s right in the world, we’re often thinking about the results of agreements like the START treaties, which ended the nuclear arms race between the United States and the Soviet Union; the Geneva Conventions, which govern the conduct of war; or even the General Agreement on Tariffs and Trade, drafted in 1948, which still underpins globalized free trade.
But in negotiations over the most vexing international problems—a hostage situation, a war between a central government and terrorist insurgents, a new multinational agreement—such successes are few and far between. Failure is the norm. Understandably, experts tend to focus on the wins. From US presidents to obscure third-party diplomats, negotiators pore over rare historical successes for tips rather than face the copious and dreary overall record.
Faure wants to change that focus. As an expert he straddles two worlds: He studies diplomacy academically as a sociologist at the Sorbonne, in Paris, and has also trained actual negotiators for decades, at the European Union, the World Trade Organization, and UN agencies. Over his career, he has produced 15 books spanning all the different theories behind negotiation, and ultimately concluded that negotiations that failed, or simply sputtered out inconclusively, were the most interesting. Each failure had multiple causes, but it was possible to compile a comprehensive list, and from that, consistent patterns.
“Unfinished Business” takes a look at what happened during a number of high-profile failures, and examines the underlying conditions of each set of talks: trust, cultural differences, psychology, the role of intermediaries, and outsiders who can derail negotiations or overload them with extraneous demands.Continued...