Negotiating Tag

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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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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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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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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When the Other Side is Not Flexible: The Best Methods for Negotiating Challenge

negotiating challenge

It would be wonderful if all negotiations were cut and dry, with all parties involved approaching the process with an open mind and open heart, resulting in agreements reached seamlessly and no conflict; however, that is all too often not the case and you will be forced into negotiating challenge. As an attorney, you will find that your life is filled with negotiations of every kind, and most of them must be controlled strategically. Giving answers in a hurry, hoping to get a phone call out of the way or a quick agreement off your list of things to do...

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Negotiating Settings: Understand Which Are Best

Negotiating

As a law student, you will have a long list of challenging, and hopefully enormously inspiring, subjects to study, including the art of negotiating and establishing negotiating settings. And while you may think you have a tight grip on negotiating already due to a naturally insightful and analytical mind, there is a lot of psychology that goes into this type of work—and if you want to win for your client, it may involve much strategy too when dealing with an important case. A novice negotiator, or an overly confident one, may be content to settle for a generic setting; however, it...

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