How to use "Amnesty" in a Negotiation.

The Amnesty Negotiation Concept and Definition

The Amnesty Negotiation Technique is an approach that encourages open and honest disclosure of all relevant information - good or bad - before entering a negotiation. It’s built on trust, psychological safety and active listening to ensure that no crucial information is withheld, thereby reducing surprises that could derail a negotiation.

Key Themes

1. The Need for an Amnesty Approach in Negotiation

• In negotiations, particularly when multiple stakeholders are involved, it’s common for people to withhold certain details, either out of fear, embarrassment, or concern over repercussions.
• By establishing an “amnesty,” stakeholders can openly share everything - especially potential problems - without fear of blame.
• This is critical in complex negotiations where unexpected curveballs (e.g., surprise invoices, unknown prior commitments) can significantly impact outcomes.

2. How Amnesty Impacts Negotiation Preparation

Before engaging in external negotiations, internal teams should hold an “amnesty session” to gather:

• What’s already been agreed upon (officially or unofficially)?
• What commitments have been made that might impact the negotiation?
• What potential risks or challenges need to be addressed?
• The goal is to get ahead of surprises rather than being blindsided mid-negotiation.

3. The Role of Trust and No-Blame Culture

• A successful amnesty tactic relies on an environment of psychological safety - people need to feel they won’t be penalised for sharing the truth.
• If employees feel they will be reprimanded for mistakes, they will withhold information, ultimately weakening the negotiation position.
• Leadership plays a crucial role in setting a tone that prioritises honesty and learning over blame.

4. Evaluating Information Gained from Amnesty

The next step after gathering information is to assess its impact:

• Is it a dealbreaker, or can it be reframed into a strength?
• Can it be leveraged as a point of negotiation?
• How can it be strategically introduced into discussions?
• The skill comes in knowing what to do with the amnesty-provided information.

5. Managing Emotional Responses

• One of the challenges of the amnesty process is that some of the information revealed may be frustrating, disappointing, or concerning.
• Instead of reacting emotionally, negotiators must:
  • Dial up curiosity – Seek to understand why decisions were made rather than jumping to conclusions.
  • Dial down judgment – Avoid blaming individuals for past decisions or commitments.
  • Frame information as an opportunity – Find ways to use the insights to strengthen the negotiation rather than viewing them as setbacks.

6. Practical Example from the The Negotiation Club Podcast

• Phil Elston shared an example where a surprise invoice arrived, which was unexpected and significantly larger than anticipated.
• Rather than immediately rejecting the invoice or escalating the issue legally, he conducted an internal amnesty session.
• This session helped uncover why the invoice had been issued, what assumptions had been made by both parties, and how the relationship had developed leading up to this point.
• Because of this deeper understanding, the final negotiation became much more effective and achieved a much more balanced resolution.

7. When to Use the Amnesty Tactic

It’s most effective when stepping into a negotiation that is already underway, especially when:

• A team member is brought into an existing negotiation.
• There have been prior interactions between the parties.
• There is a risk that unknown information could be leveraged by the other side.
• It can also be used in preparation for major negotiations to ensure internal alignment before engaging externally.

How to use Amnesty in Practice.

1. Create an Amnesty Session

• Gather all relevant stakeholders before a negotiation.
• Ask them to disclose anything that could impact the discussion, without fear of repercussions.

2. Dial Up Curiosity, Dial Down Judgment

• Approach the session with a mindset of discovery, not blame.
• Listen with the intent to understand, not just to respond.

3. Evaluate and Strategise

• Identify which pieces of information are potential risks.
• Determine how insights can be leveraged or mitigated.
• Develop a strategy for introducing these topics into the negotiation if needed.

4. Maintain Emotional Control

• Avoid reacting negatively to unexpected revelations.
• Keep the focus on how to use the information rather than dwelling on the problem.

5. Implement the Amnesty Tactic in Live Negotiations

• If new information arises unexpectedly, pause and initiate an internal amnesty discussion.
• Use this to regroup and determine the best way forward.

Club Members Feedback Assessment:

During the club meeting a formal "Feedback Assessment Script" helps identify within the zoom transcript the feedback.  We can then use this with our AI to summarise the feedback helping to keep a record of the club members progress.

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Script:

1. State your name.
2. State the name of the negotiator you were observing.
3. State the Technique being practiced and what you were specifically looking for.
4. Explain what you observed and your specific feedback.
5. Finally include a proposed "Level of Achievement" (Level 1, 2 or 3)

Each participant will be assessed on their ability to incorporate the designated tactic. Observers should use the following levels as a guideline: