{"id":705,"date":"2010-10-26T17:54:58","date_gmt":"2010-10-26T21:54:58","guid":{"rendered":"http:\/\/businessconflictmanagement.com\/blog\/?p=705"},"modified":"2010-10-26T17:54:58","modified_gmt":"2010-10-26T21:54:58","slug":"pushing-the-boundaries-negotiating-with-kidnappers-and-pirates","status":"publish","type":"post","link":"http:\/\/www.businessconflictmanagement.com\/blog\/2010\/10\/pushing-the-boundaries-negotiating-with-kidnappers-and-pirates\/","title":{"rendered":"Pushing the Boundaries: Negotiating with Kidnappers and Pirates"},"content":{"rendered":"<p>A sobering &#8212; even frightening &#8212; panel at the IBA&#8217;s Vancouver conference addressed negotiation in volatile, politically charged and dangerous circumstances &#8212; pushing the boundaries of mediation past the purely commercial, into a world where lives may depend on the skill and success of the negotiator or mediator.<\/p>\n<p>Maritime pirates off Somalia, for example, do not rationally seek and underlying political or even monetary interests, and their behavior is not deliberative.\u00a0 <a href=\"http:\/\/www.adrgambassadors.com\/ambassadors.asp?ambassador=2&amp;jsearch=&amp;jtype=&amp;jLoc=\" target=\"_self\">Charles Crawford CMG<\/a> reflected on his years of service in the UK Foreign Office and concluded that, in Somalia and in the Balkans, a terrorist&#8217;s irrationality is his strength.\u00a0 It&#8217;s like a bankrupt buying a suite at the Plaza, or a dog chasing a car: the pirate, the kidnapper and the terrorist seek to introduce chaos into order.\u00a0<\/p>\n<p style=\"text-align: center;\"><a id=\"aimgMain\" href=\"http:\/\/rds.yahoo.com\/_ylt=A0WTeffFScdMkWsATdmjzbkF\/SIG=137aj1d7h\/EXP=1288215365\/**http%3a\/\/www.theepochtimes.com\/n2\/images\/stories\/large\/2009\/10\/06\/1a1soma91421363.jpg\" target=\"_top\"><img loading=\"lazy\" decoding=\"async\" id=\"imageMain\" style=\"margin-top: 34px; margin-left: 0px;\" title=\"View Full Size Image\" src=\"http:\/\/ts3.mm.bing.net\/images\/thumbnail.aspx?q=276931615970&amp;amp;id=0cade4accd3725781494b37668188238&amp;amp;index=ch1\" alt=\"View Image\" width=\"157\" height=\"104\" \/><\/a><\/p>\n<p>What are the principles of negotiation when the counterparty does not have an identifiable and rational underlying interest, and when the thing being negotiated is a human life?<!--more--><\/p>\n<p><a href=\"http:\/\/www.incelaw.com\/ourpeople\/Jonathan-Lux\" target=\"_self\">Jonathan Lux<\/a> of Ince &amp; Co described some of the legal terrain.\u00a0 A recent <a href=\"http:\/\/www.marinelog.com\/DOCS\/NEWSMMIX\/2010apr00150.html\" target=\"_self\">Executive Order <\/a>by US President Obama made the payment of ransom to criminals legal, but payment of ransom to terrorists unlawful.\u00a0 The distinction is between political\/ideological goals on the one hand and personal gain on the other.\u00a0 But a maritime insurer of a seized vessel will insist upon legal clearance before authorizing payment.\u00a0 Moreover, a shipowner&#8217;s or charterer&#8217;s failure to disclose the presence of armed security on a ship may void coverage because such security increases the likelihood of harm to the ship.<\/p>\n<p>So there are many interests and many stakeholders in the sezure of a ship by pirates: the ship owner, the ship charterer, the owner of the cargo, the crew, the nation under whose\u00a0flag\u00a0the ship sails, the nation in which the seizure occurs, the insurers of the various commercial interests, the\u00a0other nations whose public policy is affected, and so on.\u00a0 Some conflicts of interest among these stakeholders are riviting to contemplate:\u00a0 Experience dictates that ransom can be lowered over time, but that the welfare of hostages deteriorates over time.\u00a0 The ship owner suffers economically as time passes and the ship is unavailable for charter; yet the ship&#8217;s insurer benefits as the demands of the pirates lower.\u00a0 Public policy is perhaps vindicated but hostages are endangered.\u00a0 Mediation, anyone?<\/p>\n<p><a href=\"http:\/\/www.jarrettconsulting.co.uk\/Jarrett_Consulting.htm\" target=\"_self\">Duncan Jarrett<\/a> shared his experience of many years in such situations.\u00a0 UK policy with respect to the taking of UK nationals is to cooperate with the host country&#8217;s policies.\u00a0 As a negotiator in such circumstances, Jarrett sees himself as an instrument of the decision-maker, not ultimately empowered in his own right.\u00a0 He acts as a buffer and creates a gap in time between a demand and a response\u00a0to the demand.\u00a0 Time, in this context, is the negotiator&#8217;s friend.<\/p>\n<p>Hostage situations, Jarrett explained,\u00a0result from\u00a0ill-conceived, poorly prepared, opportunistic and impetuous acts.\u00a0 Positions change as more data becomes available to both sides.\u00a0 It is a team game, with a team goal and very straightforward rules.<\/p>\n<p>As an example, Jarrett posited an instance where each member of the audience was part of a kidnapped couple\u00a0who had been released to air the kidnappers&#8217; grievances.\u00a0 If we failed to return to our kidnappers after our job was completed, our spouse would be killed.\u00a0 When prompted, each of us signified that we would go back.\u00a0 But Jarrett said &#8220;I wouldn&#8217;t let you.\u00a0 I would prevent you.\u00a0 By requiring you to stay here I would have saved one life &#8212; which is my job after all &#8212; and I would have reduced the kidnappers&#8217; commodities to only one.\u00a0 They will not eliminate their only leverage.&#8221;<\/p>\n<p>The clarity and outlandishness of\u00a0Jarrett&#8217;s analysis was reflected in other guides, or rules, that he used in these situations.\u00a0 He said these pirate kidnappings were not state-run actions but loose, non-national criminal bands communicating to colleagues by internet and other cyber capacities.\u00a0 A skiff with rifles can hold up a global economy.\u00a0 This is not war\/peace or win\/lose.\u00a0 This is crime.\u00a0 How do you build a negotiation structure to influence behavior in such a context?<\/p>\n<p style=\"text-align: center;\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/i1.trekearth.com\/photos\/70387\/10.jpg\" border=\"1\" alt=\"Somali Pirates - Merka, Banaadir\" width=\"257\" height=\"122\" \/><\/p>\n<p>First,\u00a0&#8220;Liking.&#8221;\u00a0 Admit your respect\u00a0for the pirates&#8217; decision.\u00a0 They are doing this because the oil tankers destroyed the fish they used to live on.\u00a0 Healthy respect is good, and it is often mutual.\u00a0 You will get nowhere if you hold the other side in contempt, particularly if you convey that contempt.<\/p>\n<p>Second, &#8220;Authority.&#8221;\u00a0 Accept the authority of the person you&#8217;re dealing with and assert your own.\u00a0\u00a0Jarrett fits into early conversations with a kidnapper, &#8220;I have done 120 of these kinds of problems and I\u00a0tend to resolve them.&#8221;\u00a0\u00a0<\/p>\n<p>Third, &#8220;Social Proof.&#8221;\u00a0 Behave as your counterpart would expect you to behave.\u00a0 Look the part you have been cast in.\u00a0 Among other things, wear a suit.<\/p>\n<p>Fourth, &#8220;Reciprocity.&#8221;\u00a0 This is a most effective tool, because it makes the other side beholden.\u00a0 Give them something.\u00a0 They will feel they owe you something back.\u00a0 It may be anything:\u00a0 A cigarette or a chocolate bar, but one per three hours, no more.\u00a0 The promise of a life sentence instead of hanging.<\/p>\n<p>Fifth, &#8220;Commitment\/Consistency.&#8221;\u00a0 If you never pay ransom, then never pay it and be known as someone who doesn&#8217;t pay it.\u00a0 Act predictably in all instances.\u00a0 If you promise something, always do what you promised.\u00a0 If you threaten something, then always carry out the threat.<\/p>\n<p>Sixth, &#8220;Scarcity.&#8221;\u00a0 Be the only path to what the party needs.\u00a0 Be clear: &#8220;I am the only person who will deal with you.&#8221;<\/p>\n<p>Thus is influence earned, and thus might behavior be changed.\u00a0 Through this progression, time is the negotiator&#8217;s friend, and as time passes rational decisions are encouraged and rewarded.\u00a0 Anxiety and impetuosity are reduced, and reason comes into play.\u00a0 Moreover, Jarrett suggested that the progress of such negotiations mirrors the progress of many more familiar, commercial negotiations:<\/p>\n<blockquote><p>Introduction\u00a0 &#8211;&gt; Opening Statement<\/p>\n<p>Active Listening, Empathy &#8211;&gt; Exchange of Opening Positions<\/p>\n<p>Rapport &#8211;&gt; Negotiation<\/p>\n<p>Influence &#8211;&gt; Bargaining<\/p>\n<p>Change Behavior &#8211;&gt; Close the Deal<\/p><\/blockquote>\n<p>It&#8217;s quite a world we live in, and quite a set of tools we must bring to our work as problem-solvers.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A panel of experts on negotiation with maritime pirates yields surprising, refreshing and useful parallels to negotiating in less deadly contexts<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[37],"tags":[31],"class_list":["post-705","post","type-post","status-publish","format-standard","hentry","category-negotiation","tag-negotiation"],"aioseo_notices":[],"_links":{"self":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/posts\/705","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/comments?post=705"}],"version-history":[{"count":0,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/posts\/705\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/media?parent=705"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/categories?post=705"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/tags?post=705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}