Negotiation Success - Entire Series
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Ninety percent or more of cases settle, yet lawyers are predominantly trained to do battle over facts and law. And while legal analysis certainly plays a key role in settling cases, achieving best results in negotiation also involves a variety of personal and process skills that bring greater success and fulfillment to the process and help lawyers best satisfy their ethical and professional obligations.
This five part series will provide lawyers with tools and techniques to improve how they negotiate after they complete the appropriate legal framework. By drawing from several disciplines—strategic planning, mediation, facilitation, leadership psychology and philosophy—the series presents a unique method for building agreement based on increased empathy, information, and structure.
Beginning with Aristotle’s empathic framework (ethos, pathos and logos), and paradoxically matching a highly structured dialog process, lawyers will learn how to systematically:
By applying the full model or finding ways to implement individual themes and tactics, lawyers will learn how to better engage and understand the other side to a negotiation—thereby increasing the professionalism and creativity so essential to the successful agreement in complex legal matters.Part 1: The Principles of Expansive Negotiation
Most lawyers devote the lion’s share of negotiation planning to marshalling facts and building arguments. Encouraged by a culture of oppositional negotiation, it is easy to become entrenched in our positions. As a result, any proposal that appears counter to our positions is regarded as threatening to success. This course introduces an expansive negotiation style which increases our aptitude for persuasion, while reducing defensiveness and aggressive behavior on both sides of the table.
Preparation is one of the most important aspects of long-term negotiation success. This program examines two aspects of negotiation preparation and a highly effective model for creating a map of needs and interests in order to increase influence and cooperation in negotiation.
Much of our society embraces a “win-lose” negotiation model that encourages lawyers to distance themselves from the other side of the table. This program examines the diminishing returns in the “win-lose” approach, and examines methods for expanding the pie, finding common ground and uncovering creative solutions for getting more needs met.
In this section, lawyers learn to develop a range of proposals that address the majority of the needs of both sides, and then discuss a range of negotiation strategies to achieve satisfactory resolutions. The goal of this program is to leave lawyers with strategies for structuring negotiation in a way which ensures that challenging conditions do not derail the process.
There are times when we are forced to engage with individuals who we perceive as difficult. Often they employ strategies, threatening behavior, and an uncooperative working style as a means to achieve their objectives. While these instances are challenging, if we are committed to our objectives, we can still be effective negotiators by winning their willingness to cooperate. Lawyers learn to minimize the damage of tactical negotiation, refrain from emotional responses to hardball tactics, and identify opportunities for understanding.
Part 1: The Principles of Expansive Negotiation
2. Techniques to Reduce Defensiveness
Aggressive tactics invoke defensiveness and often compromise persuasion. In this section, lawyers learn to hold multiple perspectives in order to build trust and reduce acrimony in negotiation.
Part 2: Preparation: Developing a Needs Map
2. Communicating Toward Cooperation
Meeting our objectives becomes exponentially more feasible when we effectively communicate to others that we have considered their perspective. We can accomplish this by communicating through a framework of genuine curiosity. The result is reciprocity and a more willing partner.
Part 3: Generating Discourse Toward Expansive Solutions
2. Brainstorming for Mutual Gain
Part 4: Developing Proposals and Negotiating to a Resolution
2. Negotiating Toward Successful Resolution
Part 5: Winning Difficult Negotiations
2. Transform Aggression Into Productivity
Jeffrey Stec, J.D. has been a licensed lawyer since 1992, having practiced in the area of complex-family matters, including estate, divorce, and child custody disputes. Jeff developed his collaborative skills by becoming a certified mediator and strategic planning facilitator, specializing in family issues. Jeff has developed an expertise in the collaborative resolution of disputes, and in addition to his work with The Likeable Lawyer, he is currently a sought-after consultant who works with non-profits and municipalities to fashion solutions to complex organizational and community issues. Jeffrey graduated with honors from the University of Michigan Law School, and earned a Bachelor of Arts in English with high honors from the University of Michigan.
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Our courses are approved in almost all states that have CLE requirements. Accreditation for a particular course will vary by state. Please use our CLE calculator for CLE credit available in your state. For more information, visit our FAQ.