Negotiating

Legal Negotiations—Some Stalemates Cannot Be Overcome

stalemates

Negotiating is a fine art and one that can end in triumphs or sometimes stalemates, unfortunately. While the process may sometimes be seamless, and all parties involved may be able to agree expediently, those are usually the bonus deals. In most cases, you would not be present at the negotiating table to begin with if everyone was having an easy time coming to an agreement. And just like going to court, you will not win every round of negotiations, unfortunately—as hard as you may try. To hedge your bets, however, do not enter negotiations lightly or without an arsenal of information...

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Setting the Scene: How Comfortable Should Everyone Be During Negotiations?

negotiations

While some negotiations are cut and dry, and everyone is happy in a surprisingly efficient amount of time, those will probably be the bonus rounds in your career—the cherries on top. Other times, negotiations may be long, drawn-out, excruciating—and even heated; and after all, if the parties involved were able to agree easily, they would not need your services, and the other side would not have needed to retain legal counsel either. You may be a natural born debater and usually the one to come out on the winning end of any argument, but successful negotiators usually evolve through experience and...

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Negotiating: Understanding the Logic of the Other Side

logic

There may be times when you wonder why you must play the game of negotiation at all; really, doesn't logic say it would just be easier for both parties to say what they want and get on with it? Many times, that is what they do in the beginning, but without hopes to give up the farm. Negotiations often involve high stakes and the process can become a stressful game as both parties are extremely concerned about their property, finances, personal and professional well-being, and overall—their future. From the outside looking in, negotiating may appear to be a tiresome process,...

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Are You Ready for the Negotiation Table?

negotiation table

The first approach to the negotiation table is not one to be taken lightly. In most cases, if you are negotiating for a client, the outcome is extremely serious to them—and could perhaps impact their personal or business life substantially. As the negotiator, your reputation and credibility are on the line too, every time you enter into such a process; in fact, you may be negotiating with another party represented by another attorney that you will work opposite—or in some cases further down the road, even alongside—and hopefully, you will learn to work together well and even respect each other...

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Negotiators: How to Handle Difficulties

negotiating

The world counts on attorneys to be negotiators—and when your clients needs you to negotiate and get them the best deal, the stress is on, often meaning there may be difficulties. There are many ways to prepare for such a process, but the first business in order is background, background, background! This starts with your own client. Do you fully understand how they ended up in a dispute requiring negotiation, and what was their motivation to begin with? When it comes to the bottom line, what will they agree to accept? Also, understand your client’s relationship with the other party,...

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Excel in All Negotiation Stages

You may enjoy arguing, debating, and all aspects of the negotiation stages, and this may have been a talent you have enjoyed since you were young, thus pushing you forward to pursue a career in law. The good news is that if you worry you don’t have strong negotiation skills, there are plenty of ways to shore up your techniques—and especially if you are just entering law school. And if you are already strong in that area, then negotiation training as a law student will probably come easily to you and be very enjoyable as coursework. There is so much to know,...

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Getting Somewhere in Negotiating: Ask the Right Questions

negotiating

Learning to ask the right questions can be difficult, and negotiating is an art, as most of us have heard throughout the years—and upon seeing master negotiators in action, it is hard to disagree; however, once put in the position of negotiating terms for a client, while up against another seasoned attorney, you will probably also find it hard to disagree that negotiating is a learned trait. Sure, you may have a brilliant and logical mind, and possess both the debating skills and charm necessary to win what your client wants, but there is a long list of details to...

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Setting the Scene Before Discussing Terms

discussing terms

Like most of us, you may not appreciate being labeled controlling or domineering in your personal life, but in your career as an attorney you will find that having as much control over a case as possible is necessary to a favorable outcome, and especially in discussing terms. This is especially true in negotiations. And while taking over proceedings in an overly aggressive manner is not usually recommended, everything you can do to set the scene for success is a bonus. Preparing the room means you are that much more headed toward success, and before negotiations even begin! This gives you...

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Walking Away from Negotiating

Walk away from negotiating

Part of what makes bargaining so exciting is that it is such a multi-faceted process—and you can make so many different choices during the process--including walking away from negotiating. Once you have interviewed your client and know their motivation, perspective, and goals, it is time to research the other side comprehensively so you know as much as possible about what makes them tick and can plan your negotiating style accordingly. In most cases, it is best to throw out the first offer. Of course, it probably is not completely realistic, but you never know, aiming high, and putting forth an anchor...

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Negotiating When Tempers Continue to Run High

tempers

Acting as negotiator can be one of the most fulfilling jobs you will experience as an attorney, as well as one of the most challenging; unfortunately, this process can also become infuriating at times, with tempers coming to a head. Losing your temper during a professional discussion is not where you want to be, and as you gain experience over the years, you will learn to avoid such situations—along with giving in to the temptation to express such emotions. The key to expert negotiating is in knowing the other side. This means taking time out to research them as much as...

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