Your description of a large scale strategic negotiation is good but I would add a couple of points. In some, but not all negotiations,
your fall back can be your status quo.
So in the case of a major outsource if you can’t get the deal you want, you may decide to continue to operate in-house as that’s the strongest case.
^^^^^ True - but TBF I would expect to have ensured that such a possible outcome would have become obvious during any associated market testing. In most organisations - especially in government departments - the planning of a significant Outsourcing initiative would require there to have been an Outline and Full Business Cases during which this would have been required to clearly established the benefit before progressing to market. For government departments this would have included (in the old days when I used to bid for or let these contracts) a Public Sector Comparator which would establish the comparison with in-house provision.
Clearly in the case of Brexit, that fall back won’t work so you are left with Hard Brexit, wto terms etc.
^^^^^ Spot on - so that is why there is a need to:
a) Establish your target outcomes - both at the macro and workstream (e.g. fisheries) levels which should be derived from:
b) Your Target Models - a lot of people on here have likely been involved in the design and specification of Target Operating Models and have managed or worked on change programmes to transition from the current model to them. The need is to go a couple of levels higher and devise the target model for the UK in relationship to the EU and the ROW - because you cannot design your models otherwise - this should have been done directly after the referendum if there was genuine intent to leave the EU in any fashion other than via a BRINO arrangement. In the case of Brexit your high-level Ideal, Realistic & Fallback (IRFs) positions might be crudely:
I = Having left the EU and enjoying full independence, but also having full benefits of SM access (I say this hypothetically) as there is more realism in establishing these positions
R = The arrangement generally referred to as Canada+
F - WTO terms
Of course all these positions and the many variants need to be determined, scenario tested, prioritised and placed under appropriate governance before 'engaging' seriously with the other party. These positions - the options priorities etc. should also be strictly confidential as much as possible as there is much benefit from one party to be aware of the fallback positions of the other party.
The lead negotiator and his/her team will seek to ensure that they have a negotiations strategy and plan that will seek to ensure:
a) that the Fallback positions are credible, have been made viable and are ready to be secured should they be required **
b) that the path towards securing the realistic outcomes is well mapped with milestones agreed at which the status of each IRF is reviewed/revised etc***
c) that the potential to achieve Ideal outcomes is also mapped
** In the case of Brexit a fundamental requirement from the outset was to act to ensure that the fallback was quickly established as both credible and viable - therefore it was essential that GENUINE No-Deal planning should have commenced in June 2016 and every day of delay has damaged the UK's position - because you cannot really track upwards to the achievement of Realistic and Ideal unless you have secured the viability of the Fallback.
*** This shows how good the EU team of professionals have been. They made so much progress in 2017/18, as they controlled May via Robbins, that they would have been able to 'upgrade' their fallback position to be the Irish Sea option (probably previously their Realistic outcome) and upgrade their Realistic Outcome to be May's unfettered backstop trap - previously beyond even their Ideal outcome.
So yes - despite the bollocks of some on here - the step backwards was indeed a significant move as the unfettered backstop gave to the EU total control of any and all future negotiations
For me - it is nice to see a Remainer establishing the clear need for what has always been true - not just about Brexit but about any major negotiation, but in the case of Brexit:
"We will not see movement from the EU unless and until they face the prospect of a viable walk-away option and the political will to use it."
Did you realise that you were clearly establishing the need for a No-Deal to be defined and both credible and viable? This has been much decried by a good number of Remainers on here - a lot because they have no experience in such matters (most people don't) and others because they simply have just hated the idea of ever having to face the truth of Brexit - they have just hoped to close their eyes and it disappears.
No safety net from Parliament this time. So who does hard Brexit hurt most. Eu or U.K.?
^^^^^^^ The 'safety net' was only ever a contrivance of the EU and its Remainer allies to undermine any possibility of Brexit becoming viable. Every aspect of what has been done in the last phases has been to intentionally undermine the UK - the 'need' for full disclosure etc. - utter bollocks and no way to run a negotiation - ruling No-Deal off the table - utterly destructive to the ability of the UK to negotiate to secure its best interests and as for the utterly ruinous unfettered backstop...….. That simply placed the UK in a straightjacket for decades to come.
I have been frustrated by those on here that post bollocks on these issues without knowledge - but I have stronger views about those that have understood and have basically lied to either themselves or the forum or both.
The reality and the answer lies in what I have posted above.
In 2016 each department should have been tasked with establishing its own IRFs and then these should have been placed into a major Change Programme - probably under the control of the government's Infrastructure & Projects Authority (IPA) - but more likely - under similar programme management arrangements, but controlled more tightly within the Cabinet Office - maybe even within or linked to COBRA - it is that important.
Hopefully it is not too late to start to do things properly - hopefully for quite a lot of months things have been commenced/in-hand and are now being accelerated - because no matter the damage done to the UK's position over the last 3 years - the principles remain the same.
If there is a chance of a hard deadline in a contract negotiation, I would almost always run it as a competitive tender so that at the end of the process you have choices. You can decide not to renew a contract with the current incumbent but move to an alternative rather than the status quo. Not sure how that works with Brexit unless you believe we have the competence to run trade talks with the US and others in parallel with the EU this year. Hmmmm...
Some of this - whilst correct - is more pertinent to a 'normal' procurement/negotiation, but with regards to Brexit there are a number of 'factors/aspects' here that are 'interleaved' - these things are not so black and white
FWIW I expect (if we are lucky and successful) that our team will establish a path that starts to secure the 2020 version of 'Realistic' - which for me would be along the lines of:
a) Determining the least worst case No-Deal outcome - which needs to have the attributes of being recoverable from and needs to be of sufficient concern to the EU that they would shift position in response and this then
b) gives us the scope to----------extend the transition period beyond the 2020 deadline - but to achieve a pre-determined outcome rather than just 'more of the same' - keeping the UK locked into effective a 'backstop'
c) recalibrate the IRFs and then keep managing the change programme - it will require many twists and turns and be planned against a number of milestones/key stages - but firstly you have to stop going in the wrong direction and correct course
The first part though is knowing the scope of a viable No-Real and making sure that the EU are aware that there is the political will - backed up with a massive Commons Majority - to use it. Then we will see movement - it is not a magic wand - but people need to start to get on board that this is where the UK are going - so let's try and make the best of it.
Do you honestly think we are moving from novice at negotiations to expert? That will take a mighty leap with some extremely capable people. Far more capable than who I see lined up in Liar Johnson’s Cabinet.
What is the option? For a lot on here and in the Remainer cadres of the UK - it is just to give up and accede to the EU's every wish
That is no longer an option that a majority electorate of the UK and now the UK's parliament will tolerate - so we need to make the most of what opportunity we have - even though our position has been worsened by the machinations at Westminster for over 3 years.
Yes we have capable people - it is not all just about who has managed the negotiations of TAs in recent years. More importantly - what is needed is determination and political will.
The next signs I expect to see are actions to see a thawing in the public relationship between the UK and EU - lots of talk about partnership and strategic importance etc - there cannot be a good outcome if either party is seen to have won/lost. If I was 'the UK team' I would want to see Brexit stop being the main topic in the news - there needs to calm and confidential high-level interworking - this cannot be done under the glare of newspaper headlines.
But I also expect a strengthening in the understanding of what the 'real red-lines' are between the parties and exploration of an accommodation - the EU need to know that we will walk-away if there is no acceptable alternative
Finally, do you really need to be so condescending to a fellow Blue? Not cool.
I would say to you what I have said to you before - just where the fuck were you when @west didsblue and others were calling me a liar? - what about the 100s of posts from the Daves and others slagging us Leavers off?
Can you point me to the posts of yours that show your balance and where you have asked these posters why they behave that way to fellow blues? and point out to them that it is not so cool?
I don't think that you can - but when you start doing that - please get back to me