Negotiation Flashcards
(20 cards)
What are the three areas in which negotiation will be assessed?
Legal writing, Case and matter analysis, Client interview/completion of attendance note/legal analysis
What is the importance of choosing the right forum for negotiation?
To best suit the client’s case and to be prepared to change if circumstances change
What are the advantages of negotiation by correspondence?
- Orderly and reasoned
- Time to think and reflect before responding
- Preferable at the outset of case
What are the disadvantages of negotiation by correspondence?
- Takes time and risks misinterpretation
- Difficult to bargain
- No opportunity to observe body language/tone
What are the advantages of negotiation by telephone?
- Speedy
- Useful for resolving individual points
- Tone of voice
- Silences
What are the disadvantages of negotiation by telephone?
- Opportunity to re-interpret what was said
- Cannot see body language
What are the advantages of negotiation by face-to-face meeting?
- Most common method
- Greater opportunity to explore the case thoroughly and/or settle
- Can observe body language/tone of voice
- Discussions tend to be more fluid
What are the disadvantages of negotiation by face-to-face meeting?
- Logistical/financial disadvantages of gathering everyone together
- Potentially intimidating
- Time to plan – attendees, venue, seating arrangements etc.
What are the advantages of negotiation by virtual meeting?
- Straightforward to arrange
- Greater opportunity to explore the case thoroughly and/or settle
- Can observe body language/tone of voice
- Discussions tend to be more fluid
What are the disadvantages of negotiation by virtual meeting?
- Risk of losing internet connection
- Cannot see body language
- Technical difficulties
What is the role of a successful negotiator in terms of ethics?
- Argue strengths of client’s case
- Highlight weaknesses of opposition’s case without misrepresentation
- Avoid adverse information without lying
- Reach conclusion/settlement in client’s best interests
What should be established regarding a client’s objectives at the outset of negotiation?
- End goal
- Minimum willing to accept
- Misconceptions
- Underlying interests
What should be anticipated regarding the opposition’s interests/objectives?
- End goal
- Common ground
What does BATNA stand for?
Best Alternative To a Negotiated Agreement
What are settlement zones?
The range between the maximum and minimum expectations of both parties
Fill in the blank: A negotiator should make the ______ move and not wait for the other side to show their hand.
first
What should be included in an opening statement during negotiation?
- Purpose of negotiation
- Client’s position
- Benefits for the other side
- Rationale for the client’s position
What are some reasons to find a compromise in negotiation?
- Avoid uncertainties of trial
- Avoid possible publicity of litigation
- Avoid emotional stress involved in litigation
- Avoid legal costs of going further
What should be done when an agreement has been reached in negotiation?
- Confirm what has been agreed
- Prepare an immediate agreed written summary
- Ensure details are clarified
- Prepare a list of actions for both parties
What should be considered when an agreement has not been reached?
- Consider BATNA
- Suggest inclusion of a third party
- Adjudication
