“Drinking From The Trough Of Distrust”

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That’s what I said as I cautioned the rep on the other side of recent negotiations unrelated to the WGA strike talks. I was sharing my very real concern that our negotiations were polarizing our respective clients and actually making it harder, if not impossible for us to close a deal.

Strike negotiators for both sides are well advised to conduct themselves accordingly. Dave McNary wrote in Variety that talks tanked late on Friday “after two weeks of bitter and unproductive negotiations” with no real sign of when or whether they will continue any time soon. Sounds pretty grim but maybe a holiday hiatus from hostilities (and several good nights’ of sleep, I suspect) will make for more productive negotiations. For a thorough breakdown of the issues, check here and here.

Prior to Friday’s “cratering,” Robert King, a member of the WGA Negotiating Committee, blogged prosaic on the state of negotiations and the current mindset of the parties this way:

Part of the problem of negotiations—and especially this negotiation—is that both sides tend to interpret the contractual proposals and counter-proposals in one way: as an attempt to fuck them. This is complicated by the fact that sometimes management’s proposals are designed to do exactly that; and sometimes they aren’t designed to do that, but might be used later by less enlightened souls to do that.

So dialogue, in a smaller room, with fewer people, and less of the theatrics of negotiations, allows everyone to discover what wasn’t designed to fuck; or was designed to protect against being fucked by someone else and has only the appearance of a personal fuck; what was inelegantly put; what has unintended consequences, etc. It’s also a place where language can be designed that satisfies everyone’s fears of being fucked.

In other words, sometimes there is the illusion of being farther apart than we actually are; and smaller side bar dialogue helps us discover if that’s indeed the case.

And then again there is just plain old being far apart.

Hopefully, this breather will allow cooler heads to prevail at the negotiating table. The studios and networks will start feeling the pinch from dwindling project reserves and the first stirrings of pilot season. By mid January, mounting financial pressures from holiday purchases and the lack of work will compel writers to return to the bargaining table. Maybe then, the parties will find creative ways to resolve the issues amicably and resourcefully.

And then again there is just plain old being too far apart.