The Art of Negotiation Maria Liddiard, Piers Ndoke & Joan balle

Negotiation is a method by which people settle differences. It is a process by which compromise or agreement is reached while avoiding argument

If we are going to become future lawyers, we are going to experience conflict as a part and parcel of the profession.

There are times when conflict simply resolves itself because it is minor, or by the influences of time and distance.

However, there are times when conflict is of such a magnitude that allowing time and space to do its work is impossible. It is in these instances the skills of negotiation and mediation come into play. A person expert in these approaches serves him/herself and others well.

why negotiation?

to try and reach agreements without causing future barriers to communicaiton

Different Stages of Negotiation

  1. PREPARATION
  2. DISCUSSION
  3. CLARIFICATION
  4. NEGOTIATION TOWARDS WIN - WIN SITUATIONS
  5. AGREEMENT
  6. IMPLEMENTATION OF THE COURSE OF ACTION

TYPES OF NEGOTIATION

  • DISTRIBUTIVE (I WIN, YOU LOOSE)
  • LOSE/LOSE (I LOOSE, YOU LOOSE)
  • COMPROMISE (SOMETIMES I WIN, SOMETIME YOU LOOSE)
  • INTEGRATIVE (I WIN, YOU WIN)

ACITVITY

for a win-win negotiation

Don’t negotiate for a bigger share of the pie. Do work with the other party to make the pie bigger.

Don’t use confrontational language that creates defend/attack spirals. Do develop a friendly, trusting relationship with your opposite number.

Don’t make concessions without getting something in return. Do think of what the other party will value that won’t cost you much.

Don’t agree to a deal that doesn’t meet your must-have needs. Do plan the negotiation with a clear understanding of your BANTA, or your Best Alternative to Negotiated Agreement.

Don’t negotiate one issue at a time. Do put everything on the table at the start and encourage your partner to do it so there can be lots of trade-offs.

Don’t just keep muddling through if the negotiation seems stuck. Do change the dynamics: Sleep on it, move to a new location, ask for “crazy” ideas that can unleash creativity, or change the negotiators.

Feedback + Class Ideas + Ted talk

Here you have the video of the Prosecutor Adam Foss

Report Abuse

If you feel that this video content violates the Adobe Terms of Use, you may report this content by filling out this quick form.

To report a Copyright Violation, please follow Section 17 in the Terms of Use.