NEGOTIATION STRATEGY AND SUPPORT
Good outcomes are prepared long before anyone sits at the table. We help governments, companies and trade associations prepare, conduct and close negotiations, from trade agreements and multilateral processes to complex commercial deals.
Marco Molina has negotiated as a government official, as an adviser to industry and as a multilateral diplomat.
For Guatemala, he negotiated bilateral investment treaties and the dispute settlement provisions of free trade agreements. For exporters' associations, he designed negotiating strategies in the CAFTA-DR and Canada–Central America negotiations. At the WTO, he represented Guatemala for two decades in negotiations that included the Bananas Agreement, the Trade Facilitation Agreement, the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) and the extension of the period during which small developing countries may grant export subsidies under Article 27.4 of the SCM Agreement. As Facilitator of the dispute settlement reform process, he introduced an interest-based approach that produced a draft text within a year.
What we do
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Trade and investment negotiations: identifying the interests at stake, developing options and proposals, assessing the alternatives if no agreement is reached, and legally reviewing draft texts, for governments and for the private-sector stakeholders who inform their strategies.
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Advocacy before governments and international organizations: making sure your interests are heard in national consultations and multilateral processes.
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Commercial negotiations: structuring complex contracts and deals with a cross-border or regulatory dimension.
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Negotiated solutions to disputes: reaching a settlement through negotiation or mediation rather than lengthy litigation.
Our approach
We begin with a diagnostic of your interests, your objectives and the framework that governs the negotiation: the applicable rules, rights, obligations and procedures. We then build a strategy that strengthens your leverage, anticipates the other side's interests and gives you clear options at each stage. We can advise behind the scenes or support you directly at the table.
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Do you need to negotiate a complex contract or deal and secure the best possible terms?
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Are you in a dispute and looking for a negotiated solution rather than lengthy litigation?
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Do you want your government to take your interests into account in its negotiations?
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Are you representing a government and looking for a structured approach to a negotiation?
