An agreement in
principle may be part of the final agreement itself, it
may be a way-station toward reaching an agreement, it may
be used as a tactical approach to the negotiation, or it
may include combinations of all of the above.
Final agreements
frequently contain elements that are in effect agreements
in principle. Agreements that one party will receive a
fixed royalty rate or a fixed percentage of gross income,
or that prices will not exceed inflation, are all
agreements in principle. No one knows what final sales or
the rate of inflation will be, but we have agreed on a
principle as to how we will divide up these profits or
how price increases will be determined.
Frequently agreements in
principle are a way-station to a final agreement. We work
on establishing what would be an appropriate principle
for the agreement, agree to that first, and then work out
the details. Often developing an agreement in principle
is a good way to break out of an impasse or to bring
order to a complicated negotiation. Sometimes we get lost
in the mass of details, and going back to the underlying
goals of each party allows us to work toward an agreement
in principle.
Another approach is to
use agreement in principle in a tactical way. We will
develop a proposed agreement based on a principle that we
proclaim to be "fair and equitable." We might
argue that income should be divided equally. This
principle might be accepted per se and therefore form the
basis of an agreement. Alternatively, it might be opposed
with a counter-principle such as income should be divided
based on initial capital contribution, or on the amount
of effort that each party expends. In such a case, the
negotiation takes place on the level of whose "fair
and equitable" principle will form the basis of the
agreement.
copyright 1999 - Michael Schatzki
A Master Negotiator
Michael Schatzki is a master negotiator whose high energy,
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