Part 1: The Principles of Expansive Negotiation
1. The Foundation for Expansive Negotiation
When lawyers jump too quickly to proposals, they often become frustrated with an inability to generate an attitude of cooperation from the other side. In this section, attorneys learn the techniques of highly successful negotiators who are able to see situations from the other side’s perspective and communicate proposals which inspire cooperation.
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
1. Leverage Through Empathic Investigation
Our typical negotiation styles consider our needs, but often overlook the needs of the other side. This section includes a detailed process for creating a substantial needs and interests map as a means toward developing and proposing solutions which are beneficial to us, and acceptable to them.
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
1. Finding Common Ground
Negotiations become stuck when neither side is willing to consider options which address the needs of all. In this section lawyers learn ways to increase cooperation and build rapport toward meeting mutual objectives.
2. Brainstorming for Mutual Gain
When negotiations reach a standstill, we often abandon attempts to approach the situation with a fresh perspective. Instead, we tend to become entrenched in the virtues of our side’s positions and principles. This section models an approach to developing proposals that will minimize defensive responses and increase foundations for achieving more of our clients’ objectives.
Part 4: Developing Proposals and Negotiating to a Resolution
1.Using the Needs Map to Develop Proposals
In this section, lawyers explore the benefits of in-principle agreements prior to actual negotiation. Attorneys then explore various proposal development theories toward improving success and reducing acrimony in actual negotiations.
2. Negotiating Toward Successful Resolution
Next, the core process of actual “negotiation” will be detailed—how to systematically listen, learn, and “upgrade” proposals based on mutual interests rather than conflicting positions. Of course, even good agreements can fail before documents are signed. Consequently, lawyers will review tactics for closing deals.
Part 5: Winning Difficult Negotiations
1. Minimizing the Damaging Effects of Hardball Tactics
In this section, lawyers get past hardball and other aggressive negotiation tactics, and learn easy tools for fostering a collective focus upon the legitimate, substantive nature of the negotiation.
2. Transform Aggression Into Productivity
Lawyers discuss the causes of conflict and the role of emotions in negotiation. This understanding gives attorneys the ability to diffuse tensions, increase influence, and move negotiations forward toward successful resolutions.
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.
Links to the downloadable or streaming materials you've purchased will be available with your receipt and in your profile.
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.