The aim of this workshop is to develop the participants' skill and confidence as effective negotiators.
Facilitator: Jane Chart
This workshop is for junior lawyers. It draws on the findings of the latest negotiation research, the experience of the workshop participants and the presenter’s own experience as a negotiation and mediation practitioner over many years, in order to develop your skill and confidence as effective negotiators. It provides a mix of the conceptual and the practical, so that you will have a theoretical framework for preparing, undertaking and reflecting on your real world negotiations on a continuing basis. It also addresses specific issues you may wish to bring to the workshop.
By the end of this workshop, you will be better able to:
- assess the risks and benefits of different negotiation strategies and tactics
- use techniques for dealing with difficult negotiators and for breaking deadlocks
- execute aspects of negotiation such as preparation, information management, thinking strategically and dealing with ‘difficult’ negotiators.
Day One (1.30 pm–6.00 pm)
The focus of this session is on examining the analytical and persuasion skills central to effective negotiation. Among the many matters considered are:
- using value creating and value claiming approaches
- the implications of alternative strategies
- managing information and the ‘negotiator’s dilemma’
- the significance of the lawyer’s negotiation framework for working with clients
- persuasion skills and getting our own message across effectively.
The interactive nature of the session helps participants to relate the conceptual material to the specific issues each person may have brought to the workshop. The last hour is spent on a client interview (with half the group taking the client role) so that those taking the role of lawyer will be prepared for the next morning’s negotiation.
Day Two (8.30 am–5.00 pm)
The first negotiation exercise involves a commercial dispute. Participants have the opportunity to adjourn as necessary to take further instructions. The clients observe their lawyers’ negotiation and complete structured feedback guides to promote understanding of the impact of particular ‘moves’ on effectiveness. Time is set aside for each small group of four to discuss and reflect on the process at the end of the negotiation.
After morning tea, the workshop considers specific aspects of negotiation such as managing conflict, power, and dealing with difficult negotiators, before returning to the participants’ issues to ensure they have been addressed before lunch.
Over a working lunch, participants conduct a client interview before undertaking the second negotiation exercise (involving the possible purchase of a software company.) Once again, half the group take the role of lawyer. Again, time is set aside for each team to discuss and reflect on their particular negotiation.
The final session involves an analysis of the negotiation problem with a view to highlighting how the negotiation model used can assist in (or sabotage) the lawyer’s work in strategising and doing reality testing with a difficult client. This session also considers strategies for managing ethical tensions with respect to obligations to the client and to other practitioners under the Rules of Client Care.