The aims of this workshop are to provide a refresher in relation to the key elements of effective negotiation, to build on existing experience and insights in order to develop skills and confidence in dealing with difficult negotiations, and to provide a framework for on-going skills development through systematic preparation for and review of participants real world negotiations.
Facilitator: Jane Chart
This one-day workshop is a negotiation intensive session for participants who have attended the Lawyer as Negotiator workshop, or for lawyers with several years’ experience. It is limited to between four and six participants.
The workshop centres on the case studies that each participant prepares beforehand and brings to the workshop. You should bring an example of a particularly challenging negotiation which you are interested in dealing with more effectively. Detailed instructions are given for the preparation of the case studies.
The day starts with a recap of essential principles, drawn from the research evidence on highly effective negotiation. These principles provide a framework for a rational approach to negotiating in which negotiators are strategic in their efforts to influence others.
Strategic thinking gives access to new information, prompts new insights, and encourages effective problem-solving. It stimulates reflection on our own and others’ beliefs, assumptions and expectations; on our own and others’ selection, organisation and analysis of information; and on our reasoning and conclusions. It facilitates sound judgement and informed decisions. It is a conscious process requiring intellectual rigour, as well as the on-going monitoring of our own and others’ moves and responses.
However, experience tells us that much of what happens in real world negotiations is far from rational or strategic. A large body of research has identified numerous ‘irrationality traps’ that operate at an unconscious level and that impair judgement and decision-making, both our own and others’.
Moreover, the research also indicates there is only a weak correlation between intelligence and rational decision-making. As Nobel Prize winner, Daniel Kahneman, observes, intelligence is about brain power, while rational, strategic thinking is about how, or whether, we use that power. Even highly intelligent professional people may fail to control their irrational thinking because they rely on their unconscious mental short-cuts.
Understanding the irrationality traps, and their counter measures, is an essential step in increasing strategic influence. By taking the next step and applying this knowledge to a series of case studies, participants gain important insights into their own habitual ways of thinking and behaviour, and can try out ways of dealing with unconscious irrationality and other impediments to strategic influence.
By the end of this workshop, you will be better able to:
- manage and execute challenging negotiations
- use a framework for developing on-going skills for dealing with difficult negotiations.