Negotiating

Backing Up When You Have Crossed the Line in Negotiations

negotiations

As an attorney, it is critical to walk into negotiations with a firm but calm attitude—and above all, a positive one. If you are confident about your skills and the task at hand, half the battle is won already. You should be equipped with as much knowledge about the other side as possible, along with understanding a little bit about their perspective and why they are there to begin with. While you may be employing either an assertive or more cooperative persona during negotiations, having sympathy and empathy can help you greatly in working with others as you discuss an...

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Negotiating: Should You Make the First Offer?

first offer

Negotiating can be a complex exercise at times, and making the first offer can sometimes be a challenge. In some cases, both parties may come to the negotiating table with a clear set of goals, hammer out the details, and be done with the whole business of bargaining. Those are the times when your job is easy, bonuses, in comparison to what is often very challenging—and especially when you have a client relying on you. Before you even get to negotiations, however, there is homework. Mainly, this means getting to know both sides. You may have already ‘interviewed’ your client at...

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Understanding Key Challenges in Basic Negotiations

key challenges

For many, the law is a calling, along with understanding key challenges in helping clients. Rising students may feel a need to see justice served, along with enjoying using their talents in argument and negotiation. And while you may have a natural propensity for taking control of a dispute with greater articulation than others, there is much that must be studied and learned to be a master negotiator. Some negotiations may be fluid in nature—and even enjoyable to attend—while other experiences may remind you of playing a treacherous game of chess. Understanding a few key points as you delve into the...

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Breaking the Stalemate in Legal Negotiations

stalemate

While negotiating may be an art, it can also be an intense exercise in patience--especially in the presence of a stalemate. One must be able to look at the complete overview, see the total picture, understand the backgrounds of both sides, get a grip on how the legal conflict came to be in the first place, and create a strategy that not only pleases the client with a successful outcome, but hopefully allows everyone to win in the end somehow. Even the best, the brightest, and the most experienced negotiators can meet the dreaded impasse though. It can be frustrating if...

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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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