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California Desert Trial Academy College Of Law

Five Surefire Ways to Win in Negotiating

It is often said that most people don’t really listen, they just wait to reply, and that is not always a good strategy if you want to win in negotiating. And while producing a killer reply is an excellent skill to have as a negotiator, if you have the true ability to sit back and size up a situation without emotion or immediate reaction, the ball will often be right where you want it: in your court. Negotiating is a heavily nuanced art though, with many ways to reach the desired outcome. Here are fire surefire ways to win: Be...

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Law Students: Learning to Negotiate in Litigation

litigation

As an attorney, you will be expected to be good at negotiating, and your clients will rely on you to use these skills in their stead, especially in litigation issues. As a trial attorney, however, you are held to an even higher benchmark, presumed to be a master at arguing, negotiating, and in some cases, a lot of getting down to the nitty gritty with bargaining. As a law student, you will inevitably find nearly every minute of your life filled with class, preparing for class, studying, becoming prolific as a writer of outlines, and more. You may, just like...

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At the Bargaining Table? Know Your Opponent!

bargaining table

Whether you are a new law student or a seasoned attorney, you may find negotiating to be exciting. While this may seem intimidating or stressful to some—and especially if you have not had much experience at the bargaining table yet—having repeated positive outcomes for your clients can be extremely rewarding for everyone involved. Each time you enter and complete negotiations, you will learn something, and likely, your confidence levels will rise. Strategy is always key in negotiating. And while you may be tempted to take a more aggressive, competitive approach, working in your client’s best interest, a win-win all around should...

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Patience is a Key Attribute for Master Negotiators

master negotiators

While having and expressing emotions is purely human, it is best to keep most of them well-contained during legal proceedings and discussions with other colleagues who may well be master negotiators. Some level of vulnerability may be helpful as both sides work together in reaching an agreement—and both empathy and sympathy can play a major role in helping you as an attorney to understand all parties involved and create a winning result; however, most of us have seen an outburst or two in the courtroom, in mediation, or just at the bargaining table—and it’s never pretty. Keeping your feelings in check...

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What is Your Negotiation Style?

negotiation style

A good negotiation style can come in handy in both your career, and entire life. But just as your personality differs from everyone else’s, your negotiating style may vary too. As an attorney, you will discover you have to wear many hats throughout the years, according to each case. And depending on what is at stake in a negotiation, if you want to reach your goal, you may need to be adept at employing in a different style to meet the conflict at hand. The Aggressor Perhaps you lean toward an aggressive style in negotiating or must use that tactic to push...

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Bargaining: You Must be Patient, Persistent & Calculating

bargaining

We’ve all had to bargain at one time or another. At an early age, you may have found yourself attempting to bargain with your parents, whether in offering to do more chores in order to stay out late on a weekend, cajoling a sibling out of the last piece of dessert, or trying to borrow a coveted item. Perhaps you have always been more persuasive than others or consistently enjoyed exercises like debating or arguing your point. One thing is for sure: if you are overwhelmed during the negotiation process, or prone to blowing your top, you won’t get far—especially as...

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The Art of Negotiation Rarely Comes Naturally

art of negotiation

Growing up, you may have had a propensity for arguing (ahem, debating!) that prompted family and friends to suggest a career in law so you could continue with the art of negotiation. Steadfast in the courage of your convictions, you may often find that you have a point to prove, or perhaps you enjoy playing devil’s advocate. Steady arguing may become tiring in some circles, but if you are seeking a future in practicing law, it could become one of the most important skills—and one that you must continually fine-tune as your practice expands over the years. As an attorney, your...

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Understanding Alternative Dispute Resolution & Why It Works

Whether you are just entering law school or a new practice, understanding alternative dispute resolution will help you in your career immensely. Although it does not involve litigation or going to trial, methods like mediation and arbitration may sometimes be required by the court, used to push a case along further, or they may be all that is required for coming to an agreement. Arbitration or mediation may be less formal than the court atmosphere, but it is not often that the results are overturned—and once settlement agreements have been signed by all parties involved after a resolution is reached,...

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Think You are a Natural Negotiator? Probably Not!

natural negotiator

You may be a natural negotiator, enjoying the art of the deal, and the thrill of winning in a debate so much that you decided a career in law was the obvious move. Along with being able to argue and win a point, a skilled lawyer must also be adept at thinking analytically, researching all details relevant to a case, and communicating clearly. Fine-tuning these skills can be challenging, as the many hours dedicated to studying in law school will usually prove. And while you will find that it is necessary to be smooth at both arguing and achieving resolution...

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Establishing Focal Points at the Bargaining Table

bargaining table

It is important to arrive at the bargaining table completely prepared. With court appearances, new cases to deal with, and the hectic pace of managing your law practice in the future, however, you may find that to be a difficult task to follow through with sometimes. Flying by the seat of your pants during a negotiation is a great way to find yourself completely embarrassed though, as well as on the losing end for a client who may be relying on you to close a very important deal. Along with compiling background on the other side before arriving (this includes basic...

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