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Negotiation Basics

Negotiation Basics. Prof. Cline. Negotiation Defined . Gifford – “the process in which two or more participants attempt to reach a joint decision on matters of common concern in situations where they are in actual or potential disagreement or conflict”. Negotiation Characteristics.

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Negotiation Basics

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  1. Negotiation Basics Prof. Cline

  2. Negotiation Defined • Gifford – “the process in which two or more participants attempt to reach a joint decision on matters of common concern in situations where they are in actual or potential disagreement or conflict”

  3. Negotiation Characteristics • People negotiate whenever they need someone else to help them accomplish their goals • Create something new • New relationship, partnership, entity, transaction • Conflict • Hope to resolve dispute • Parties negotiate because they think they can use some form of influence to get a better deal (divorce) • Secure an agreement instead of a public fight

  4. Preparation • Collect relevant facts • Know applicable law (cases, settlements, values, etc.) • Integrative opportunities • Logrolling • Bundling • Talk about negotiation with others

  5. Conceptualize • What is at stake? • What are the parties trying to achieve? • What is the relationship of the parties? • What are the legal constraints? • What behaviors should be used? • What other people are involved? • How can we have a successful negotiation?

  6. What is at stake? • Resources • Values or Beliefs • Preferences or Interests • Relationship • Identity

  7. Three Ways of Dealing with Conflict • Domination • Compromise • Integration

  8. THE METHOD – Fisher and Ury • Separate the People from the Problem • Focus on Interests, Not Positions • Invent Options for Mutual Gain • Insist on Using Objective Criteria

  9. Negotiation Process • Planning and Prep • Orientation and Initial Relationship • Dance • Agenda • Information Exchange • Interests • Objective Criteria • Initial Proposals • Narrowing of Differences • Options for mutual gain • Closure

  10. Negotiation Prep • Informational Bargaining – What do you want to find out from the other party (parties)? • Set targets, bottom line (reservation point) and BATNA for you client. • What do you think your opponents targets, bottom line and BATNA are? • Concession Pattern – 1st offer (what can you link?) • What is your approach to this negotiation (tone, style, etc)

  11. Summary of Negotiation • How did the negotiation go? • What was the tone of the negotiation? • What did you learn? • What was your settlement? If no settlement is there a follow-up letter?

  12. Summary of Negotiation for Observers • How did the negotiation go? • What was the tone of the negotiation? • What did your classmates do well and what need improvement? • What advice would you give to your classmates (things you liked, things that you might have done differently, any annoying habits (like ummm, or tapping pencil).

  13. Class – 2 A.Summary of Law Library Problem B.Prep for Divorce (Bob v. Mary) Class - 3 A.Summary of Divorce B.Prep Otis v. Richardson C.Start reading “When David Meets Goliath: Dealing with Power Differentials in Negotitions.” We will not get to a discussion of this article until at least Class 5. Class – 4 A. What did you learn from the speaker (Judge Anthony Atenaide or Eric Miersma)? Did you enjoy the speaker? Class – 5 A. Summary of Otis v. Richardson B.What did you learn from negotiating as a team against a team? C.Prep for State v. Green

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