While globalisation has facilitated cross-border business and opened new markets for German companies investing in Australia over the last few decades, what has really changed in terms of how Germans and Australians communicate with each other ? How can effective negotiation strategies and cross-cultural communication between Australian and German businesses help them perform successfully, avoid miscommunications and preserve their reputation in the mining industry, an industry where there is increased scrutiny from government and community groups ? Themes explored: - Key negotiation techniques using the Harvard Principled Negotiation Method - cross-cultural communication tips for German and Australian businesses to enhance better outcomes - case study of a successful multi-party mining negotiation

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Effective Negotiation Strategies
to enhance business processes
for Australian and German mining
Partners
Australian Embassy, Berlin
26.03.2015

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About the speaker Petra Zlatevska LL.M.
Australian Solicitor admitted to practice 2005 (N.S.W.)
and Berlin based Lecturer, Communications Trainer,
Writer
Visiting Lecturer at Humboldt University Law Faculty,
Negotiation Summer School program (2013 and 2014)
Email: petra@petrazlatevska.com
twitter @petrazlatevska

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Presentation Structure
Introduction to 4 key negotiation techniques using the
Harvard “Principled Negotiation” Method
Cross-cultural communication tips to enhance better
business outcomes
Example of a successful multi-party negotiation in mining
context
Summary

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Getting to yes
PEOPLE – separate the people from the problem
INTERESTS - focus on interests, not positions
OPTIONS – generate a wide variety of possibilities before
deciding what to do
CRITERIA- insist that the result be based on some objective
standard

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PEOPLE – separate the people from the problem
Show empathy through role play
Act inconsistently with expectations
Listen actively ask “What is important to you and why is it important? ”
INTERESTS, NOT POSITIONS
Ask “Why?” by putting yourself in their shoes
Write down in 2 columns your interests and the other party’s

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GENERATING OPTIONS
Expand the orange analogy
Brainstorming to stimulate new ideas - don’t assess/criticise!
CRITERIA
Using objective criteria
Market value, precedent, scientific judgment/expertise, efficiency analysis

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BATNA
What ist your Best Alternative to a Negotiated
Agreement
That is the standard against which any proposal should
be measured
Will protect you from accepting terms too unfavourable
Real power in negotiation comes from how attractive it is
to each party to not reach agreement/walk away from
deal

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MULTI-PARTY MINING NEGOTIATION EXAMPLE
BHP (Xtrata) and Peruvian Indigenous groups - Tintaya Mine
3 year multi-party negotiation process, ended 2004
Historic terms: BHP agreed to contribute 3% annual revenue before taxes and royalties
to development of the Espinar province and other measures eg community development
fund, environmental impact studies

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Summary
PEOPLE – separate the people from the problem
INTERESTS - focus on interests, not positions
OPTIONS – generate a wide variety of possibilities
before deciding what to do
CRITERIA- insist that the result be based on some
objective standard

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Contact
Petra Zlatevska LL.M
Australian qualified solicitor, Lecturer, Communications/Negotiation
training
Berlin, Germany
Email: petra@petrazlatevska.com twitter @petrazlatevska
www.petrazlatevska.com