Advocacy & Alternative Dispute Resolution: Negotiation

Law practice is negotiation -- The power of leverage -- Personal negotiating style : how leverage is used -- Preparation : the essential ingredient for success -- Opening moves : how to seize control of the negotiation -- Maintaining control at every stage of the negotiation -- Tactical negotiating ploys that can improve your bargaining position -- The role of correspondence -- Counterattacking -- Fallback strategy : a systematic approach to dealing with setbacks -- Closing -- Deal making : guidelines for successful business negotiation -- Negotiating lawsuit settlements

Basic factors affecting negotiation -- Verbal & nonverbal communication -- Preparing to negotiate (establishing limits and goals) -- The preliminary stage (establishing negotiator identities and tone for interaction) -- The information stage (value creation) -- The competitive/distributive stage (value claiming) -- The closing stage (value solidifying) -- The cooperative/integrative stage (value maximizing) -- Negotiating games/techniques -- Post negotiation assessment -- Frequently raised negotiation issues -- Psychological entrapment -- The impact of ethnicity and gender -- International negotiations -- Mediation/assisted negotiation -- Negotiation ethics

Legal negotiations: background -- Distributive bargaining -- Integrative bargaining -- The tension between integrative and distributive bargaining -- Psychological aspects of negotiation -- Culture and gender in negotiation -- The lawyer-client relationship -- Ethical issues in negotiation -- Mediation: facilitated negotiation -- The next challenge: multiparty negotiation

Basic factors affecting negotiation -- Verbal & nonverbal communication -- Preparing to negotiate (establishing limits and goals) -- The preliminary stage (establishing negotiator identities and tone for interaction) -- The information stage (value creation) -- The competitive/distributive stage (value claiming) -- The closing stage (value solidifying) -- The cooperative/integrative stage (value maximizing) -- Negotiating games/techniques -- Post negotiation assessment -- Frequently raised negotiation issues -- Psychological entrapment -- The impact of ethnicity and gender -- International negotiations -- Mediation/assisted negotiation -- Negotiation ethics

Section I. Negotiation as a Structured Process of Interpersonal Communication
Section II. Negotiation as a Behavioral Process of Interpersonal Communication
Section III. Negotiation as a Communication Process Used Extensively by Lawyers

Negotiation in law practice -- "Effective" and "ineffective" legal negotiators, legal negotiating "styles" and "strategies," and the "stages" of legal negotiations -- Planning, preparation, and working with the client -- Opening the negotiation, bargaining, information exchange, tactics, and persuasion -- Reaching agreement or "final breakdown," wrapping up the details, drafting the agreement, interpreting the settlement, fairness, and defects in settlements

Examines how culture and gender affect the way information is processed, communication and negotiation are experienced, power is exercised and understood, risks are evaluated, and decisions and agreements are reached.

Topics Include:
* Negotiation Styles & Dynamics
* Decision-making in the Face of Uncertainty
* Managing Mixed Motives: Competition and Cooperation
* Avoiding Exploitation
* Predictable Characteristics of Competitive Bargaining
* Geometry of Distributive Bargaining
* Strategy Regarding Opening Offers
* Capturing the Creativity of Collaborative Bargaining
* Identifying Underlying Interests
* Integrative Bargaining Roadmap
* Three Dimensions of Negotiation Success