How to Negotiate Anything: Lessons Learned from Capitol Leaders Program

(This article originally appeared in Roll Call newspaper.)

By Rebecca Gale, Roll Call

November 25, 2014

Forty House and Senate foreign affairs and national security staffers came together recently at George Washington University’s Elliott School of International Affairs to learn the necessary skills to overcome gridlock in Congress. The program was organized by the Partnership for a Secure America and Harvard Law School’s Program on Negotiation. The bridge to bipartisanship, it seems, will be built by cooperative staffers.

The bridge to bipartisanship, it seems, will be built by cooperative staffers.

But can such teamwork lessons be applied more broadly outside of a Harvard-sanctioned setting and in the halls of Congress? Yes, says Andrew Semmel, executive director of the Partnership for a Secure America. He shared his insights with Roll Call in a lightly edited Q and A.

Q: So you got 40 staffers in a room, evenly split between Democrats and Republicans. How easy was it to cut through the rancor and find consensus?

A: On day one, we focused on several exercises and case studies that challenged the idea of negotiation being a zero-sum game — the “you win-I lose” calculus. Dissecting successful historic deals based on a collaborative model — including German reunification, the U.S.-Singapore Free Trade Agreement, and various corporate negotiations — helped establish a mindset on how to approach complex negotiations.

We believed, from the start, that most staff were tired and frustrated by congressional gridlock and low productivity and were eager to learn new skills and ways to improve the legislative process. We’re convinced, from our observations and analysis, that our initial beliefs were correct.

Q: The 40 staffers all came with foreign affairs backgrounds. Do you think foreign affairs is an issue area where partisanship is rampant? Why?

A: Foreign affairs is an area where partisanship exists, but it is not as rampant as in other policy areas. Policymakers generally have more latitude on foreign affairs than in domestic policy because voters are more disengaged on these issues.

Q: What surprised you most about the program?

A: “Active listening” was a surprisingly dominant theme over the course of the program. Humility, too, goes a long way in generating trust and strong relationships among negotiators. Case studies of the best negotiators demonstrated this time and again.

The other biggest surprise was the consistency of participation by staffers recruited for the program. We maintained a strict attendance policy, and they continued to arrive prepared and eager to engage with instructors and each other.

Q: What do you think was the greatest takeaway from the program?

A: That it is possible to create value during a negotiation so all parties can walk away with more than they thought they could achieve. The goal should be to increase the “size of the pie” first, and then negotiate dividing up the pie second.

Q: Why staffers? Do you think the partisan divide is greater at the staff level than at the member level?

A: U.S. congressional staff are more influential than in any other national legislature. Staffers are the gateway to members and help shape members’ views, priorities, and votes. To tackle gridlock and improve the culture of Congress, it is as important to work at the staff level as the member level.
The partisan divide may be less at the staff level. Staffers often live in or around D.C., enjoying more opportunities to interact across the aisle outside of the office. Fortunately, this provides fertile ground for building bipartisan relationships.

Q: How did you find staffers for the program?

A: For this program*, we recruited staffers responsible for national security and foreign policy issues in committee and personal offices — half Democrats and half Republicans, half House and half Senate.

Q. What would you recommend for staffers who want to improve their negotiation skills?

Negotiation skills are like any other skill — they improve with use. A staffer who is interested in improving his or her skills should proactively and consciously engage in negotiations wherever they occur. Remember to actively listen to understand the other party’s underlying interests behind a position, offer ideas for “expanding the pie” in a deal, and prepare, prepare, prepare with research on the issue and the other party. Help those across the table reach an agreement that works for you and them. Finally, keep in mind the words of Italian diplomat Daniele Vare, who said negotiation is “the art of letting them have your way.”

Q: Did staffers explain their reasons for partisanship? What was a common theme that emerged?

A: Staffers are as frustrated as many Americans by meaningless partisanship that yields no results. Many staff follow the lead of their members, and there is hiring selectivity that reinforces prevailing views. Compromise has become a dirty word. Staff (and members) must realize that today’s adversary can be tomorrow’s ally, and building good relations is central to success.

Q: With the wave election ushering in new staffers this January, what is the best piece of advice you would give them on how to negotiate most effectively?

A: Forging strong relationships with staffers from other offices — especially across the aisle — will be absolutely essential. Ninety percent of the work of a successful negotiator is building good rapport, credibility and trust with your counterparts within and between parties. But don’t wait until you need something to reach out to people. Establish those connections and solidify relationships even before there’s a negotiation on the horizon. Find out who the important players on your issues are — what offices, what committees — and reach out just to introduce yourself. Make an effort to meet them in person. Lunch lines, staff trips and after-hour social activities all play a part. This is very time consuming, but you will make a great impression and position yourself well to become an influential Capitol Hill staffer.