Negotiation Basics

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					Negotiation Basics
     Prof. Cline
      Negotiation Defined
• Gifford –
  “the process in which two or more
  participants attempt to reach a joint
  decision on matters of common concern in
  situations where they are in actual or
  potential disagreement or conflict”
    Negotiation Characteristics
• People negotiate whenever they need someone
  else to help them accomplish their goals
  – Create something new
     • New relationship, partnership, entity, transaction
  – Conflict
     • Hope to resolve dispute
• Parties negotiate because they think they can
  use some form of influence to get a better deal
• Secure an agreement instead of a public fight

   Collect relevant facts
   Know applicable law (cases, settlements,
    values, etc.)
   Integrative opportunities
       Logrolling
       Bundling
   Talk about negotiation with others
   What is at stake?
   What are the parties trying to achieve?
   What is the relationship of the parties?
   What are the legal constraints?
   What behaviors should be used?
   What other people are involved?
   How can we have a successful negotiation?
            What is at stake?

   Resources
   Values or Beliefs
   Preferences or Interests
   Relationship
   Identity
  Three Ways of Dealing with
 Domination

 Compromise

 Integration
THE METHOD – Fisher and Ury

   Separate thePeople from the Problem
 Focus on Interests, Not Positions

 Invent Options for Mutual Gain

 Insist on Using Objective Criteria
                 Negotiation Process
   Planning and Prep
   Orientation and Initial Relationship
       Dance
       Agenda
   Information Exchange
            Interests
            Objective Criteria
   Initial Proposals
   Narrowing of Differences
            Options for mutual gain
   Closure
             Negotiation Prep
A.   Informational Bargaining – What do you want
     to find out from the other party (parties)?
B.   Set targets, bottom line (reservation point)
     and BATNA for you client.
C.   What do you think your opponents targets,
     bottom line and BATNA are?
D.   Concession Pattern – 1st offer (what can you
E.   What is your approach to this negotiation
     (tone, style, etc)
       Summary of Negotiation

A.   How did the negotiation go?
B.   What was the tone of the negotiation?
C.   What did you learn?
D.   What was your settlement? If no
     settlement is there a follow-up letter?
     Summary of Negotiation for
A.   How did the negotiation go?
B.   What was the tone of the negotiation?
C.   What did your classmates do well and what
     need improvement?
D.   What advice would you give to your
     classmates (things you liked, things that you
     might have done differently, any annoying
     habits (like ummm, or tapping pencil).
Class – 2

A. Summary of Law Library Problem

B. Prep for Divorce (Bob v. Mary)

Class - 3

A. Summary of Divorce

B. Prep Otis v. Richardson

C. Start reading “When David Meets Goliath: Dealing with Power Differentials in Negotitions.”
We will not get to a discussion of this article until at least Class 5.

Class – 4

A. What did you learn from the speaker (Judge Anthony Atenaide or Eric
   Miersma)? Did you enjoy the speaker?

Class – 5

A. Summary of Otis v. Richardson

B.   What did you learn from negotiating as a team against a team?

C.   Prep for State v. Green

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