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You can't hear a PIN drop
- AuthorJonathan Haydn-Williams
Silence in which you can hear a pin drop is not a feature of Brexit. However, any half-experienced negotiator or mediator will recognise the acronym PIN, standing for Positions, Interests, Needs.
A classic approach to negotiation and mediation is to seek to move parties from entrenched positions to recognition of their best interests, be they personal, business or political. Once that is achieved, it is possible for them to see that, although their interests may be different from those of the other party, the two sets of interests may be complementary: two people fighting over an orange may realise that one wants the juice and the other the rind to make marmalade.
The next step is to persuade parties to focus on a subset of their interests, namely their needs. The question then becomes what does each party really need in order to walk away with a ‘good enough’ settlement.
Unfortunately, in the Brexit impasse, the parties are generally stuck in their positions, without much time left to address instead their respective interests and, more importantly, needs.
This guide is for general information and interest only and should not be relied upon as providing specific legal advice. If you require any further information about the issues raised in this article please contact the author or call 0207 404 0606 and ask to speak to your usual Goodman Derrick contact.