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the characteristics of effective negotiators;

the skills of legal negotiation;

negotiating style and strategy;

common negotiation mistakes.



What is negotiation?y Negotiation is a process through which two or more

parties arrive at a mutually satisfactory

solution to a problem or dispute.Negotiation is a dialogue intended to resolve disputes, to

produce an agreement upon courses of action, to bargain

for individual or collective advantage, or to craft

outcomes to satisfy various interests. It is the primarymethod of alternative dispute resolution



Characteristics of Negotiationy Accommodating

y Av oiding

y Collaboratingy Competing

y Compromising



Characteristics of Negotiationy Accommodating: Individuals who enjoy solving the

other partys problems and preserving personal

relationships.y Av oiding: Individuals who do not like to negotiate and

dont do it unless warranted.



Characteristics of Negotiationy Collaborating: Individuals who enjoy negotiations

that involve solving tough problems in creative ways.

y Competing: Individuals who enjoy negotiationsbecause they present an opportunity to win something



Characteristics of Negotiationy Compromising: Individuals who are eager to close the

deal by doing what is fair and equal for all parties

involved in the negotiation

y Bear in mind also that negotiating is a voluntary activity; either party can break away

from or refuse to enter into discussion at any time.



y Y ou need to adopt appropriate attitudes towards:

y (a) the process of negotiating;

y (b) your client;y (c) the subject matter of the negotiation;

y (d) the other party; and

y (e) your own role in the process.



y 2

y Successful Negotiationsy The mark of a successful negotiation is a contract,

y written or verbal, that signifies that a mutually y agreeable solution to conflict has been reached.y What is necessary to be a good negotiator?y Most important: prepare thoroughly for the negotiation.y Never enter negotiation when you are tired, hungry or

y angry.y Allow for the possibility of not reaching agreement.y Always remember that nearly everything isy negotiable. The other partys last offer may alsoy be negotiable.



Context of Negotiatory Effective negotiators must be aware of the background

and situational factors that surround each negotiation

they take part in. They will therefore preparethemselves carefully by asking

y Questions

y (a) Who is the client?



y Questions

y (a) Who is the client?

y (d) What is the client risking?y (e) How is their litigation funded?

y (f) Who are the negotiators?



Skills we needy The factual and legal strengths and weaknesses of

your case.

yThe factual and legal strengths and weaknesses of theother sides case.



Clients Identificationy B ATN A (Best Alternative to a Negotiated Agreement).



Observation b/w two partiesy Listen

y seek information

y give information

When conducting a negotiation successful negotiatorsanalyse the situation as it unfolds.

This will involve your skills of active listening,reflecting back and questioning.



Influence the other parties to the negotiation towards

accepting your objectives.

y Y our influencing skills are therefore vital in buildingunderstanding. Be positive and supportive in your

language and non-verbal signals. Allow the other party to make their case fully before replying.



R ecognise when you have to concede and when youshould stand your ground.

R ulesy The first rule on concessions is never to concede unless

you get something you want in return.

y The second rule is only to concede those things that

are relatively unimportant.y The third rule is only to concede if there appears to be

no real possibility of making progress otherwise.



Recognise when you need to move

ony The two parties appear to have widely differing

objectives and interests

y

A party appears rigid (rather than firm) and refuses tomake any concessions, even to keep the negotiationgoing.

y A party may attempt to coerce the opponent into

making concessions.



Think creativelyy An effective negotiator thinks creatively and

flexibly when both conducting and planning the

negotiation. Negotiation is a dynamic process in whichthings may not necessarily go according to your plan.



negotiating experienceNegotiating experience help us of our wholeobservation..



Develop appropriate attitudesy build a relationship

y identify the issues

y Exchange informationy Awareness



What the client wantsy Y our objectives will be based on what the client wants,

not what you think they want, or what you think is

best for them.



Role of negotiatory scope of your instructions

y Fully informed

y Best settlement of clienty good working relationships



Negotiating styles and strategiesy Effective negotiators resist this temptation

y It consists instead of a set of working assumptions.



Negotiating styley interpersonal behaviour

y Competitive negotiators tend to be perceived as

ambitious, egotistical, arrogant, clever, tough,dominant, forceful, aggressive and attacking.

y long-term relationships with other



Negotiating strategyy Strategy is the general approach you take to getting

what the client wants

y competitive and cooperative styles

Both styles are informed by a similar adversarialstrategy, and that problem-solving provided the only

real effective alternative.



Common negotiating mistakesy Hiltrop and Udall, writers on negotiation in

management, suggest that negotiations which go

wrong often do so for similar reasons.

y The one track syndrome.

y The random walk syndrome

y The conflict avoidance syndromey The win-lose syndrome.



The one track syndrome.

These negotiators have determined all the facts of the

case and the solution they want in advance and enterthe negotiation convinced that the other party willaccept their version of the facts and their solution.

y The random walk syndrome

y The conflict avoidance syndromey The win-lose syndrome.



The random walk syndromey The negotiator periodically returns to the same issue

without adding anything to the discussion.

y

The treatment is clearthink the problem areasthrough before the negotiation and anticipate theareas of potential conflict.



T e c flict v i ce sy r e

y The parties do not address the real issues underlyingtheir dispute. Instead they may concentrate on the less

important areas of the dispute because these are morecomfortable to handle.

y The primary treatment for this syndrome is to focus on your function: why are you entering this negotiation?To get the best settlement you can for your client.



T e i -l se sy r e.

The negotiators view, or come to view, thediscussions as a contest or debate which they are

determined to win:-

y claims and arguments.

y make concessions

y critical statements, personal attacks and emotional

outbursts;y closed questions and leading statements



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