Transcript Lawyers Skills - Advocacy I

University of Westminster
Negotiation Skills…
and the Negotiation
Competition
Session 1/ Graham Robson
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University of Westminster
What happens
• Law students in teams of two negotiate a
dispute/ make a deal with another team.
• Teams get common facts explaining
scenario
• Each team gets confidential info about
their client
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What happens
• The object of the exercise is not
necessarily to “win” at all costs -it is as
much about the process as the outcome.
• No particular legal theme to the
competition
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Competition info
University of Westminster
• www.law-competitions.com
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WORKSHOPS
Thursdays 1-2pm in LTS3.07
12 Nov: Introduction, mini-lecture, Erin
Brockovich video (extract)
19 Nov: How to do it; the negotiation
meeting; The Art of Negotiating video
26 Nov: Style self-assessment; opera singer
scenario; Assessment criteria
3 Dec: looking at a competition scenario
Graham Robson: [email protected], tel. ext. 2507
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Negotiation
• What is the objective of
negotiating?
• What do negotiators do?
• What skills do you need?
• Tactics, strategies and styles
• What happens in a negotiation?
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Legal negotiating?
University of Westminster
• Erin Brockovich clip
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Definition 1
• To confer with another for the
purpose of arranging some
matters by mutual agreement; to
discuss a matter with a view to
settlement or compromise
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Shorter Oxford Dictionary
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Definition 2
University of Westminster
• Communication for the
purpose of persuasion
Goldberg, Green and Sander
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Dispute Resolution, 1985
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Definition 3
• A problem solving process in
which 2 or more people voluntarily
discuss their differences and
attempt to reach a joint decision
on their common concerns
Moore, Negotiation Materials, 1983
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Overview of the process
University of Westminster
•
•
•
planning
negotiating
documenting
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Personal skills
• being self-confident
• being creative
• looking at problems from
different viewpoints
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Organisational skills
• identifying and evaluating
relevant facts
• identifying and evaluating legal
issues
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Communication skills
• speaking effectively
• listening and questioning
• powers of persuasion
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Differentiate between…
• Tactics
University of Westminster
a particular negotiating ploy
• Strategies
an approach to negotiating
• Styles
your own nature
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The bargaining context
•
distributive problems
University of Westminster
a fixed pie
•
integrative problems
make the pie bigger
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Strategies
• competitive/ aggressive
• co-operative/ soft
• principled/ problem-solving
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Competitive
•
•
•
•
•
high initial demand
firm demand
false demand
good guy/ bad guy routine
take it or leave it
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Co-operative
• participants are friends
• the goal is agreement
• make concessions to cultivate the
relationship
• be soft on the people and the
problem
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Principled
• participants are problem-solvers
• the goal is a wise outcome
reached efficiently and amicably
• separate the people from the
problem
• be soft on the people, hard on the
problem
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Next…
19 Nov: How to do it; the negotiation
meeting, The Art of Negotiating video
26 Nov: Style self-assessment; opera
singer scenario; the assessment
criteria
3 Dec: looking at a competition
scenario
Competition to follow this term
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