Negotiation training Tag

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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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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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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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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