Effective Negotiations for Lawyers How to achieve the best possible results – a practical perspective "You don't get what you deserve – you get what you negotiate!” Per M. Ristvedt

Is this how it is?

1. Introduction 1.1 Introductory comments 1.2 The importance of knowing how to negotiate 1.3 Does skilled negotiators have any characteristics? 1.4 National vs. international negotiations 1.5 Further outline for the presentation

Key factors that influence the negotiation process 2.1 What kind of negotiations are you faced with? 2.2 Does it matter how the negotiations in fact take place? 2.3 The negotiating position and its importance 2.4 Negotiation styles

Negotiation strategies and negotiation techniques 3.2 Negotiation techniques - how many are there really? 3.3 Three main reasons why one should know something about negotiation techniques 3.4 Four/five keys to success?

The negotiation process - an overview 4.1 The negotiation process consists of different phases: 1) Preparation and planning phase 2) Negotiation phase 3) Concluding/final phase (breach or entering into agreement)

The Negotiation Process (cont'd.) 4.2 The negotiation process can be illustrated like this: Party 1 prepares and plans the negotiations Phase 1 Party 2 prepares and plans the negotiations Phase 1 The parties negotiate Phase 2 The negotiations are finished Phase 3

Preparation 5.1 Good preparations - one of the keys to success 5.2 But; do not be too detailed in terms of the preparation phase 5.3 A 15-point list of effective preparations (for major negotiations) 5.4 Key factors that should always be prepared 5.5 Litigation risk

The negotiation phase 6.1 Overview and further outline Introduction stage Information stage Opening stage Distribution and concession stage Value maximizing stage (if applicable)

The negotiation phase (Cont'd.) 6.2 Introduction stage 6.3 Information stage General Obtaining information Control of information (blocking techniques)

The negotiation phase (Cont'd.) 6.4 Opening stage Introduction Which of the parties should open? “Size” of the opening position Reaction by the other party False claims ("nice to have") Sequence when multiple factors are involved

The negotiation phase (Cont'd.) 6.5 Distribution and concession stage Introduction The importance of exercising assertiveness to obtain concessions Techniques to obtain concessions from the other party Rational arguments Emotional arguments Threats and warnings Promises Silence Professional anger Aggression Patience and nonchalance Use of time limit Use of ultimatum Splitting the difference

The negotiation phase (Cont'd.) 6.6 Other negotiation techniques that can be used during the negotiation phase, including: Use of agenda Large negotiating team One reasonable and one unreasonable negotiator Utilization of time limits Use of one single offer Offer disappearing or decreasing in value after the expiration of a specified time limit Negotiator without authorization Negotiator with limited authorization Alleged expertise False concessions Abrupt termination of the negotiations Subsequent alteration of the negotiation result

The negotiation phase (Cont'd.) 6.7 Value maximizing stage Introduction Various techniques for maximizing the value of the negotiation result Distribution of value added 6.8 The importance of non-verbal signals General Examples and interpretation of non-verbal signals Non-verbal signals that a person is bluffing/not truthful

The final phase 7.1 Breach and agreement preliminary breach final breach 7.2 "Stay with it all the way in"

Evaluation of the negotiation process 8.1 Introduction 8.2 The main issues should be: What did not go well? Something you should not have done? The ambition level - was it correct? 8.3 Summary of what can be done better next time

Ethics and negotiations 9.1 General 9.2 A main principle 9.3 Bluffing and misrepresentation during negotiations 9.4 At what point does one end up in the unethical zone? 9.5 Information on authorization/PoA 9.6 "Back-trading"

Contractual aspects and negotiations 10.1 Possible issues 10.2 At what point are negotiation initiatives considered a refusal? 10.3 At what point are the parties contractually bound by negotiations?

Contractual aspects and negotiations (cont'd.) 10.4 How can one avoid being contractually bound by negotiations? 10.5 Can costs be claimed for negotiations that lead nowhere? 10.6 What does it take to set aside or modify an agreement that was entered into after negotiations?

(ALMOST) Lastly To attend a presentation like this is the first step of gaining a better understanding about negotiation that most people have If you want to read a English book about negotiation - one suggestion is: Richard Shell: Bargaining for advantage (you can buy it via Amazon)

Lastly – SOME WORDS FOR REFLECTION “A pervasive belief is that effective negotiation skills are something that people are born with, not something that can be readily learned. This notion is false because most excellent negotiators are self-made. In fact, naturally gifted negotiators are rare.” Leigh L. Thompson: The Mind and Heart of the Negotiator (2011)