Part 5. Reaching agreement. Ending the negotiation.

READING. Deadlock and mediators.

Exercise 1. Before you read the text below, use a good English-English dictionary to find definitions to the following words:

1.	deadlock
2.	to break down
3.	stalemate
4.	an impasse
5.	irreconcilable
6.	a mediator
7.	mediation
8.	a cooling-off period
9.	an arbitrator
10.	arbitration

Exercise 2. Read the text. What does it say about the situation in Baseland? Find the answer as quickly as you can.

Baseball strike in baseland.

Every year in Braseland there are negotiations between the baseball players’ union and the baseball team owners about pay and conditions for the coming season. Last year, after months of negotiations, there was deadlock: the negotiations broke down. Some commentators said there was stalemate; an impasse: a situation where no progress could be made. There were irreconcilable differences between the two sides and it was impossible to reach an agreement. The baseball players went on strike.

The two sides agreed to bring in a mediator, someone from outside to help restart the negotiations and bring the two sides closer together in a process of mediation. The person they chose was a respected retired politician. He recommended a cooling-off period where each side would take no action. The players ended their strike for the time being.

Another month passed, and still there was no progress. The two sides agreed to accept an agreement imposed by an arbitrator. A judge was chosen. She looked at the claims of each side and imposed a settlement or resolution to the dispute, fixing the salaries and working conditions of the players. In this case, arbitration had settled the dispute.

Exercise 3. Read the text again and define if there is sufficient information in the text to answer the following questions:

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1. What happens in Baseland every year?

2. When did the negotiations break down?

3. What did the baseball players do?

4. Who was chosen as a mediator?

5. What is a cooling-off period?

6. When did the players end their strike?

7. Why didn’t the two sides reach an agreement?

8. Who was to blame for not reaching an agreement?

9. How did it happen that they reach an agreement?

10. What claims did the judge suggest?

11. What resolution did the two sides work out?

Exercise 4. Look at the words from the text above and say if these statements are True (T) or False (F).

1.	Someone who helps two sides to reach an agreement is an arbitrator.
2.	If two sides in a dispute use arbitration, no outsider are involved.
3.	It’s not usual for mediators to impose agreements.
4.	If you’re in an impasse, you think that progress is possible.
5.	If negotiations break down, they stop.
6.	Irreconcilable differences are not important.
7.	If the two sides agree on a cooling-off period of one week, negotiations continue the next day.

Exercise 5. Match these words to their definitions:

	1.	agreement	a)	a formal agreement, especially in business or politics.
	2.	contract	b)	an arrangement or decision about what to do, made by two or more people, or groups or organization.
	3.	deal	c)	a written legal agreement between two people or businesses that say what each must do for the other.

Exercise 6. Compare the definitions above with the following explanations. Are they conflicting?

An agreement of any kind is a deal. When you reach an agreement, you can talk about clinching a deal or closing a deal.

A bargain is also an agreement reached through negotiation. People who get what they want in a negotiation are said to drive a hard bargain.

An agreement may be in the form of a contract.

«Contract» is used in these combinations.

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employment labour	is about what someone has to do in their job, or about what a particular group of employees have to do.
A/An oral/verbal contract	is not written down.
binding legal	forces both sides to carry out the actions that they had promised to carry out, by law.
commercial	is about buying or selling a product.

It’s important to check the points of an agreement to avoid misunderstandings.

You could say:

1. Let me just go/run over (repeat and summarise) the main points.

2. Oh, we agreed that …

3. As far as B is concerned (in relation to B), we agreed …

4. We still have the question of C to setttle.

5. And there’s still the outstanding (remaining undecided) issue of D.

6. We’ll send you a written proposal.

7. We’ll draw up (write) a contract based on those points.

8. I think that covers everything.

Exercise 7. The words below offer a clear indication of the result of a negotiation. Decide which of these words would indicate a positive outcome (p.o) and which a negative outcome (n.o).

unfortunately	another time	no agreement	not ready	fruitful partnership
problems	very good	satisfactory	sorry	useful

Now read the extracts to check your answers.

Extract 1.

I think it’s clear we have no agreement. We’re wasting time here, so thank you for talking to us, we’ve had a busy morning. I think we’ll leave and perhaps another time we’ll find some way to work together.

Extract 2.

Well, I think that’s been useful. I’ll send you a letter summarising what we’ve agreed and look forward to a long and fruitful partnership.

Extract 3.

If that’s everything, I’d like to say many thanks for coming today – it’s been very good. I think we have a very satisfactory agreement and so, for the next step, we will send you the detailed specifications in two weeks.

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Extract 4.

So, I think we can both see that we are not quite ready to sign anything just now. Perhaps in future we may be able to reach agreement but, unfortunately, for the moment, we are some way apart. Anyway, thanks for coming, it’s been interesting.

Extract 5.

I’m sorry we’ve been unable to agree. It’s a shame, but it looks like we need more time to settle our problems. In the meantime, I think we should have a think about the issues which are dividing us. Perhaps in the next few days our positions my change, in which case, we know how to contact each other.

Exercise 8. Suggest what you could say in the following situations.

Situation 1.

After a long negotiation, you have reached agreement and now plan a meal in a local restaurant with the other party in the negotiation.

Situation 2.

Your efforts to reach agreement have been unsuccessful. It is late. End the negotiation but offer some hope that in the future you might manage some cooperation with the other side.

Situation 3.

A colleague has asked you to cooperate on a project, but after long discussion you feel you cannot participate because of fundamental disagreement. It is important that you continue to work together in other areas.