THE NEGOTIATION PROCESS. 7.1 The Chief Negotiators will be responsible for the conduct and coordination of the negotiations.
7.2 Negotiations will be conducted at a Main Table at which the Chief Negotiators will be responsible for:
7.2.1 managing the negotiations process
7.2.2 negotiating and concluding an Agreement-in-Principle and a Final Agreement;
7.2.3 implementing and managing the Protocol Regarding the Openness of the Carrier Sekani Tribal Council Treaty Process, the Procedures Agreement for Carrier Sekani Tribal Council Treaty Negotiations, and the Principles for Information Sharing Among Parties During Carrier Sekani Tribal Council Treaty Negotiations;
7.2.4 implementing and managing other procedural agreements that may from time to time be developed by the Parties;
THE NEGOTIATION PROCESS. SECTION 1
THE NEGOTIATION PROCESS. The national Eskom Transmission office is responsible for the negotiation process for all new Transmission lines. The negotiation process can be extensive, often running into years on the longer lines. It is, therefore, critical that the process is correctly programmed and incorporated into the planning of a new line. The negotiation process involves the following steps:
i. Initial meeting with the landowner.
ii. The signing of an “option” to secure a servitude (this indicates that the owner will accept that the line will cross his property, subject to conditions to be finalised in the negotiation of the servitude agreement). An option is valid for one year.
iii. Once the route is confirmed (i.e. options are signed with the upstream and downstream landowners), the servitude agreement will be finalised with the individual landowners. This agreement will set out the conditions for the establishment and operation of the servitude, and will be site-specific (as different landowners may have different requirements). Compensation payments are made when the servitude is registered at the Deeds office.
iv. Once construction is complete and the land rehabilitated to the landowners satisfaction, the landowner signs a “Final Release” certificate. Until the “Final Release” certificate has been signed, Eskom Transmission remains liable for the condition of the land.
v. Once the clearance certificate is signed, the responsibility for the line and servitude is handed over to the regional Eskom Transmission office.
THE NEGOTIATION PROCESS. During the negotiation process the focus is on the mutual purposes of the sponsored arrangement: supporting research, educating students and facilitating technology transfer while keeping in mind the relevant policy considerations and regulatory concerns. Negotiations will consider the various stakeholder groups involved in the process. The interest and needs of the Institute from the perspective of a non-profit, tax-exempt research and educational institution must be met, while also taking into consideration the commercial, for profit goals of corporate sponsors. Special needs, goals or requirements of governmental, nonprofit foundation or other institutional sponsors must also be considered, along with the history of the relationship between the parties. The negotiation relies on interpersonal relationships on both sides and frequent contact for status updates is essential to achieve timely results. Negotiations should be conducted so as to continually build upon the level of trust that has been developed between the PI and the sponsoring agency, company or other party. Among other things, this means courtesy in dealing with negotiating counterparts, prompt responses to inquiries and counterproposals, the presumption that the counterpart is negotiating in good faith, continual mindfulness of the counterpart’s objectives, and having as a goal a long-term relationship with the sponsor. RAF commences negotiations with representatives of sponsors which involve, as appropriate, the exchange of draft redlined agreements offering alternative contact language, and telephone and/or face-to-face negotiating conferences. RAF actively consults with the PI at all stages of the negotiation process. The negotiation process continues until an agreement which meets accepted parameters is made with sponsor or an impasse has been reached. The PI is advised and in the event of an impasse, the PI or any interested stakeholder may request that the agreement be referred to the Appeals Committee (see Section C below).
THE NEGOTIATION PROCESS. The Sealord deal demonstrates the Crown’s commitment to direct negotiation as a means of resolving Treaty claims; but reveals also its failure to affirm the institutions which complement and safeguard that process. The Waitangi Tribunal played a key role in the Sealord deal, establishing the importance of the fisheries taonga, the history of its extensive use, and existence of the Treaty development right. Beyond Sealord, however, the Crown has made little commitment to the perpetuation of this role for the Waitangi Tribunal in future Treaty settlements. The Crown has made a larger budgetary allocation to the Treaty of Waitangi Policy Unit of the Department of Justice (“TOWPU’), which arranges negotiations, than that to the Tribunal.169 It is currently negotiating the Tainui claim without a prior Tribunal report.170 The Crown has also limited the jurisdiction of the Waitangi Tribunal: the Settlement Act prevents Maori from taking claims with respect to commercial fishing rights or the Sealord deal itself to the Tribunal;171 and the Treaty of Waitangi Amendment Act 1993 responded to political pressure to cut back the Tribunal’s recommendatory power over private land. The courts were also central to the Sealord deal: fishing rights were only negotiated because Maori were able to get judicial protection through section 88(2) of the 167 The National Government has declared its intention to resolve all historical Treaty claims by the year 2000. This commitment was first made in the National Party 1990 election manifesto: New Zealand National Party Facing the Future Together National Maori Affairs Policy, released 22 July 1990. It has been affirmed on a number of occasions since, including the Prime Minister’s speech on the introduction of the Settlement Act: New Zealand Parliamentary Debates Vol 532,1992: 12827. 170 S Xxxxx “Seeking common ground” The Dominion, Wellington, 10 July 1992,7.
THE NEGOTIATION PROCESS. It has three basic phases: The real negotiation process (face-to-face interactions) happens only in the middle phase. BEFORE NEGOTIATING: You could need other peoples' help and it could last a long time. It consists of: - Setting Objectives: It is the result you want to get at the end, which will lead you in the real negotiations. It is trivial to say, but negotiators tend to easily forget the objective when a problem appears. "Keep your eye on the ball." - Preparation: Some amount of information on the matter is necessary. Excessive information, despite what is sometimes taught, may impede good results. People who depend too much on getting information or on planning the event will reduce their flexibility. - "Psychological preparation". Basically it consists of assuming a status of EQUALITY and/or a Quadrant 1 mental position in the "I'm OK-You're OK" model. Until or without this mental status don't knock at the door of the negotiation room. Stay home or send somebody else.
THE NEGOTIATION PROCESS. 7.1 The Chief Negotiators will be responsible for the conduct and coordination of the negotiations.
7.2 Negotiations will be conducted at a main negotiation table ("Main Table") at which the Chief Negotiators will be responsible for:
7.2.1 managing the negotiation process including the development of workplans and the setting of priorities;
7.2.2 negotiating and concluding an Agreement-in-Principle and a Final Agreement;
7.2.3 implementing and managing the Xxxxx Xxxx Openness Protocol;
7.2.4 implementing detailed procedures, consistent with this Agreement, to guide the Parties during Agreement-in-Principle negotiations as outlined in the document entitled "Xxxxx Xxxx Treaty Negotiations Procedures Agreement";
THE NEGOTIATION PROCESS. 3.1 The Parties commit to engaging in an interest-based Negotiation Process that fosters an open exchange of ideas, the xxxxx discussion of interests and the joint analysis of issues. As a general principle, informal discussions are encouraged. Any statements made during the Negotiation Process, whether written or oral, will be without prejudice and will not be attributable to any Party.
3.2 The Negotiators will be responsible for the conduct and coordination of all negotiations and keeping their Principals updated throughout the negotiations. The Negotiators will jointly determine and agree to a schedule of negotiation meetings and the locations of those meetings. It is expected that the Negotiators will meet, at a minimum, once every 6 to 8 weeks. Unless otherwise agreed to by the Negotiators, the negotiating sessions will not be formally chaired.
3.3 Prior to beginning negotiations on any subject matter, the Parties will each make a presentation of their interests in relation to that subject matter. Roles and responsibilities of the Parties will be determined on the basis of the subject matter and the interests presented. Negotiations will be conducted at a Main Table.
3.4 The Main Table will be responsible for:
3.4.1 managing the Negotiation Process including work planning and setting of priorities;
3.4.2 negotiation of any arrangements or agreements to be brought to the Parties for their consideration;
3.4.3 implementing and managing openness and information sharing amongst the Parties throughout the Negotiation Process; and
3.4.4 implementing dispute resolution mechanisms as agreed.
3.5 The Negotiators may establish ad hoc working groups to research and report on specific issues or concerns as they deem fit. Any such working groups will report to the Main Table.
THE NEGOTIATION PROCESS. The Kingdom of Bahrain and the United States announced their intention to negotiate a Free Trade Agreement (FTA) on May 21st, 2003. H.H. the Crown Prince Xxxxxx Xxxxxx Xxx Hamad Al-Khalifa and Ambassador Xxxxxx Xxxxxxxx, United States Trade Representative, then discussed the preparatory steps for the launch of Free Trade Negotiations. On August 0xx, 0000, Xxxxxxxxxx Xxxxxxxx formally notified the U.S. Congress of the Administration's intent to initiate FTA negotiations with Bahrain. The first round of FTA negotiations was launched on January 26th, 2004 in Manama, followed by a second round of negotiations in Washington, D.C. on March 1st – 5th. An interim round of technical discussions was held in London on April 19th – 22nd. On May 27th, 2004 the Minister of Finance & National Economy, H.E. Xxxxxxx Xxxxxx Xxxx, and Ambassador Xxxxxxxx announced in Washington D.C. the successful conclusion of the negotiations. The Government of Bahrain negotiation team was led by the Minister of Finance and National Economy, Xxxxxxxx X. Xxxx, and The U.S. team was led by Assistant United States Trade Representative for Europe and the Mediterranean, Xx. Xxxxxxxxx Xxxxxxx. Specific chapters of the Free Trade Agreement were negotiated by individual negotiation committees, which are comprised of representatives of all the Ministries and Government Agencies concerned.
THE NEGOTIATION PROCESS. 4.1 The Parties to this Framework Agreement shall ensure that appropriately mandated negotiators are appointed for every phase of the negotiations.
4.2 The negotiators will jointly develop a detailed work plan, including, among other things, a negotiation schedule, target dates and outputs. The negotiators may agree to adjust the work plan as required.
4.3 Makivik, Québec and Canada will share the cost of negotiations for Makivik. Funding in support of negotiations for Makivik will be provided by the Governments of Québec and Canada according to their respective internal guidelines following the negotiation of a work plan and the submission of a budget, annually, by Makivik.
4.4 The negotiators may establish side-tables with terms of reference, as necessary.
4.5 The Parties recognize the need, from time to time, for negotiators to seek and/or affirm internal policy direction or mandates during the course of negotiations. Each party shall determine its own process for internal policy review and development, but undertakes not to unduly delay the negotiations.
4.6 The Parties will work cooperatively to clarify and respond to each Party’s interests and positions.
