How To Effectively Negotiate Presenter: Shannon Welton San Diego DCSS

Purpose To provide LCSA staff with the tools needed to engage in successful negotiations with case participants.

Negotiation Terms 1.Bottom Line: The point beyond which you will not go. 2. Bargaining Range: The distance between the bottom line of both parties.

Negotiation Terms, Cont’d 3. Expanding the Pie: The process of adding issues to a negotiation which help one or both sides gain more. Often one side will gain a little, give up nothing or suffer only small loss in return for a great gain for the other side. 4. Position vs. Interest Based Bargaining: How can you use their position and interest to your advantage?

The Six Qualities of a Negotiator 1. Confidence in knowledge and authority: What you do or do not know and what you can and cannot offer. 2. Ability to listen and hear: What does this person want and letting them know you hear them.

3. Know your Audience: Evaluating emotional state and/or ethnic barriers. 4. Ability to explain and persuade: Making offers that make the other party feel their needs are being met. The Six Qualities of a Negotiator, Cont’d

5. Ability to control the topic: Keeping the negotiation on track, focusing only on the issues before you. 6. Ability to walk away: Knowing when you've reached an impasse vs. trying one more time The Six Qualities of an Negotiator, Cont’d

Confidence in Knowledge and Authority Introduction: Informing the parties of the process Knowing your case: Prepare in advance or take a moment to review

Authority Legal Parameters –Pleadings –Evidence –Guideline –Court’s Authority –Your LCSA policies and procedures

Ability to Listen and Hear Active Listening Skills - What they want and why - Compassion with detachment - Attending, questioning, encouraging, paraphrasing and summarizing Time Constraints –Keeping it short and sweet –Staying focused

Know Your Audience Pro per v. Attorney Prior experience with DCSS/Familiarity with legal proceedings Relationship (background/chemistry) between AP and CP

Know Your Audience, Cont’d Challenging Behaviors - Uncomfortable v. Life Threatening Cultural/Ethnic Barriers –Self awareness of your own attitudes –Understanding specific issues and interacting effectively

Ability to Explain and Persuade Making offers that make the other party feel their needs are being met Providing reasons and helping them reach the same conclusion

Ability to Control the Topic Keeping the negotiation on track, focusing only on the issues before you Sympathetic re-directing: –“I know that must be difficult, but…”

Ability to Walk Away Knowing when you’ve reached an impasse Vs. Trying one more time

Three Negotiation Strategies 1. Win All: Claiming all the profit or maximum share of the profit for yourself. 2. Win Win: Finding solutions that best meets the needs of all or most of the parties involved.

Three Negotiation Strategies, Cont’d 3. Win Mostly All: Meeting the needs of all or most parties involved, if possible. Then claiming an appropriate share.

Five Negotiation Styles 1.Competitive: Try to gain all there is to gain. You against them. 2. Accommodative: Willing to yield all there is to yield. Give more than you get.

Five Negotiation Styles, Cont’d 3.Avoiding: Attempting to stay out of negotiations. 4.Compromising: Willing to split the difference or find an intermediate point.

Five Negotiation Styles, Cont’d 5.Collaborative: Carefully exploring the maximum possible gain for both parties, with respect to their interests.

Stages of Legal Negotiation One Working Relationship Established Initial Negotiations Positions Adopted Two Argument and Persuasion Concession Making

Three Pressure for agreement or deadlock builds Crisis occurs Four Deadlock or basic agreement occurs Parties reach an impasse

Introductions  Ask if parties are represented by attorneys Explanation of your function to case participant/set ground rules  Negotiator’s goal is to facilitate a stipulation or prepare case for court Stage One 1. Working relationship established

Opening positions:  write down the issues at hand  advise case participant that these are the only issues that will be addressed at this negotiation Stage One 2. Initial negotiations positions adopted

“Maximalist” Position  Run Disso “by the book”: YTD earnings, 0% TS etc, showing how guideline calculations can be  Also refer to the amount in our pleadings, which is often high due to 0% TS used and CP’s income often omitted from the guideline calculation  This “ High Guideline” calculation creates currency, something with which concessions can be made later

Explain how guideline calculations are made Serious settlement discussions begin  A large amount of information is exchanged ٭ Hourly rate vs. YTD, hardships, other guideline deductions ٭ Filter out unusable information parties may want included √ Rent, credit card and car payments Stage Two 1. Argument and Persuasion

Concessions are extremely important devices as they are the primary means by which an agreement can be reached They can also be used strategically Stage Two 2. Concession Making

Use the “Currency” you earned using the “Maximalist” strategy initially and begin making downward adjustments on the Disso run  Timeshare, hourly rate as opposed to YTD, other deductions, etc.  Some actual deductions might not even be true concessions but they make the other party feel like they are getting a better offer by starting with the “Maximalist” approach 2. Concession Making

At some point a party taking an adversarial position realizes they must make a major concession or reach deadlock Stage Three 1.Pressure for agreement or deadlock builds

The “ Final Offer”  Present the party with three choices: 1. Accept the offer 2. Reject the offer and counter 3. Go to court Stage Three 2. Crisis occurs

Parties reach an agreement  Proceed to work out the details and finalize agreement Stage Four 1. Deadlock or basic agreement occurs 2. Parties reach an impasse Negotiations break down. Case goes to court Know when to walk away

Negotiation Practice Pointers 1. Separate the people from the problem: It is not us against them, it is all of us against it. 2. Distinguish between what they want and why they want it.

Negotiation Practice Pointers, Cont’d 3. Consider both of your bottom lines. 4. Silence is golden. 5. Engage in active listening.

Negotiation Practice Pointers, Cont’d 6. Pursue fairness. 7. Take turns being angry or better yet, do not get angry at all.

Questions?

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