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#Negotiating Lessons from #Brexit Experience - Lesson Five - Deadlock

Michael Roberts • Jun 28, 2019

Deadlock is Common. Controlling it is a negotiating skill. Understanding Deadlock is a basic lesson. Managing Deadlock takes experience and practise.

The UK Westminster Government have been in deadlock, even stasis, for many months; a situation of its own making and repeated at various levels. This state of affairs means that we may have participants involved who do not know how to move forward: do not understand how deadlock works, how to analyse it and seem unable to listen or take advice and so are caught in the headlamps of stasis. Whatever the case, it is not good for the reputation of Parliament, the reputation of MPs, the knowledge and experience of Government Ministers and their advisors – both Permanent and bought in.

Problem One – Deadlock should always be under control – Your control . It is a very useful tool or weapon depending on the nature and style of the negotiation. Even if one has not set up the deadlock, one should see it coming and be able to manage it.

Deadlocking is useful because:

· The cost is cheaper than having to negotiate.

· The political cost is often cheaper than moving to another tactic / strategy (e.g. General Election) – but only if there is a way out.

· It buys time to work out new strategy or tactic and review objectives – after all they more no longer be realistic or achievable.

· It provides time to sort out Negotiator / Negotiating Team if they are not up to the job – have personality issues with the other side – have lost credibility.

· It applies pressure of time and silence on the other party which may force movement.

· It allows one party to frustrate and irritate the other – although this is a risky game.

· While in deadlock one does not have to negotiate. Remember, negotiators often will create long and varied arguments designed not to persuade but to deadlock. These tactics keep the other party engaged – give the appearance of a negotiation but are in reality a means of stopping the process.

· Threat of not negotiating and deadlocking may not be real but is worth suffering than changing a deal and may be rewarded by the other side backing off.

The current deadlock besetting the UK is under the control of the EU .

Why? Because:

· They have done a deal with the UK and to renegotiate is a precedent. To recognise a change in PM as a reason for renegotiation is a precedent . The value of the unity of their 27 is higher, far higher, than the UK being in a mess.

· They do not want the UK to leave the EU and whilst deadlock keeps UK as a member state it suits both EU and Remainer factions.

· Maintains a Status Quo

· Buys time for moves by Remain parties to frustrate, build strength, undermine Leavers.

· Allows time to use persuasion to rehearse arguments of the benefits of EU membership

· Maintains the unity of the EU amongst the 27 members.

· Enables “Business as Usual” during deadlock period

· International business will reposition their assets within the EU to avoid the uncertainty thus benefiting EU states

· Provides time for a change in the Commission, EU Parliament etc.

· Causes UK Leavers to “think again”.

· Keeps the strategy of “While the UK has not left there is the chance they will remain.”


To break out from the Deadlock the costs to the other party (EU) have to be escalated so that the advantages of negotiating or getting on with the leaving process outweigh the costs of maintaining the status quo. The position that the EU is blocking is to allow the UK to negotiate new trading relationships right now which might give it an advantage and demonstrate the value of being independent and fully sovereign outside the EU. Having been a member for so long and an architect of this rule makes the current situation very ironic.


But of course, until the EU has set up the new appointments to the offices of the EU it will not be ready to change anything. At present it will not want to move anyway as:

· Precedent – Maintaining the 100% solidarity of the member states is a priority. EU will do nothing to disturb this.

· Face – Ensuring the Union is seen to be strong, united and the 4 pillars remain non-negotiable.


· Concessions – Until the EU knows exactly what the UK wants from the EU in the long term it is unable to assess trading options. It only desires one thing (the UK to remain). Until the UK actually leaves, the current situation suits the EU.

· It will be happy to take on the UK over outstanding debts, duties and contributions as the EU institutions and advisors all benefit from legal process.

At the moment the EU has to do nothing as the UK indulges itself in this stasis; primarily because of the internal problems besetting the Conservative Party. However, to the outside observer what has been learned?

· The UK does not appear to have a clear long-term objective for itself which unites its citizens. EU membership or isolated independence are strategies without a coherent objective.

· In not knowing clearly what the ultimate objective is, it is difficult to negotiate.

· Without clarity of objective it is not surprising that outsiders are not clear how committed the UK is to anything.

· There is no vested interest helping the UK to determine the way forward or selecting the right leadership.

When there is no clear set of objectives or goals to provide clarity of direction, then one must look at what must be avoided (the direction from which to retreat):

· Break-up of the United Kingdom with Scotland leading the way for independence, followed by a “me too” campaign to unite Ireland as a common market.

· A breakdown of the British economy leading to serious damage to our lead service industries and consequences to tax raising.

· Loss of status as a Global Player.

It is a time for professional negotiating. The UK leaving the EU is not the problem – It is the need for experienced leadership to navigate the negotiating process with confidence. Far greater negotiations lie ahead which are being damaged already by the performance of the current players.


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