Junior Competitions 2015 Negotiation VP Competitions: Elly Phelan Competitions Convenors: Sammy Toogood & Hannah Maxwell HOST: Sjaan Vanoeveren

Junior Negotiation Who is eligible to compete? Are you a Griffith University Law Student? Are you in either your first or second year? Do you have an L Card? Are you interested in making new friends, wearing business attire and learning new skills? If you answered yes to all of the above, you may compete in our Junior Negotiation Competition.

Junior Negotiation What is it? Negotiation is a very common alternative dispute resolution mechanism in legal practice today. A mimic of mediation session between two teams of lawyers You both have a common set of facts You also have a set of secret facts, unknown to the other team You are trying to reach the best agreement for your client BUT So are your opponents

Junior Negotiation What is it? Aims: Understand the expectations of your client Understand the expectations of the other side’s client Reach an agreement which will satisfy both parties

Video https://www.youtube.com/watch?v=8swLQKH8J6E

Junior Negotiation How does it work? Competitors will compete in teams of two Teams will be provided with two sets of facts: One will be a set of general facts which both teams will receive One will be a private set of instructions sent from your client Teams will have 50 minutes to negotiate During the 50 minutes, teams can decide on one five minute break per team Following the negotiation, there will be a 10 minute break Each team will then have 10 minutes of self-analysis

Junior Negotiation Inside the Negotiation Step 1: Meet and Greet Step 2: Formalities Step 3: Framing the Negotiation Step 4: Setting an Agenda Step 5: Working through the Issues Step 5: Finalising the Negotiation Step 6: Reflection You may not reach an agreement on all issues. This is okay.

Junior Negotiation Important Skills Oral Communication Teamwork, i.e. note taking etc. Time management and thinking under pressure Establishing a professional working relationship with your colleagues at the other side of the table Ability to extract relevant information and identify the important issues without ignoring the instructions of your client Recognizing and dealing with moral and ethical issues

Reflection The teams should begin the 10-minute self-analysis by answering the following questions: In reflecting on the entire negotiation, if you faced a similar situation tomorrow, what would you do the same and what would you do differently? How well did your strategy work in relation to the outcome?

Strategy The Integrative Approach (The “zen” approach) Usually considered the ideal approach, the Integrative model is a co-operative model of negotiating that is about identifying the interests of both parties and looking for solutions that ensue ideal outcomes for all parties. This requires large amounts of disclosure as to why your client will or won’t accept certain things and also requires a good deal of reciprocation from the other side. The integrative approach will be the ideal approach when: The scenario lends itself to solutions where both sides can get what they want. The opponents are willing to share information. The Aggressive Approach (the “t-rex” approach) The Aggressive approach is all about looking at your client’s needs as taking priority over the interests of the other party. The goal of this strategy is to force compliance of the other party with the terms you deem acceptable and to make ultimatums without too much room for ‘negotiating’. The aggressive approach will be the ideal approach when: Your client is in a position of power in comparison to the other side. Your client doesn’t need an agreement. There are essential values (e.g. environmental concerns) which your client is unwilling to compromise on.

Strategy The Accommodating Approach (The “Care-Bear” Approach) The accommodating approach is all about doing whatever it takes to reach an agreement on some basic level, which is fundamental to your client. It requires a strong mandate to be presented and extremely high levels of flexibility and creativity. The accommodating approach will be the ideal approach when: Your client desperately needs an agreement. Your client has relatively weak bargaining power. There are no better alternatives available to your client at the time.

Junior Negotiation Marking Criteria Negotiation Planning /10 Judging performance and apparent strategy, how prepared did the team appear? /10 Adaptability Was the team adaptable and flexible during the negotiation (e.g. to new information or unforeseen moves by the opposition)? Session Outcome To what extent did the outcome of the session serve the client’s goals, regardless of whether agreement was reached? /10 Relationship Between Teams How did the team manage the relationship with the other team? Did it contribute to or detract from achieving the client’s best interests? Exploration of Interests How well did the team identify the key interests in the negotiation? Did they demonstrate sophistication in the analysis of the interests? /10 Creativity of Options How well did the team demonstrate initiative, creativity and problem solving in their analysis of the interests? Teamwork How effective were the negotiators in working together as a team, in sharing responsibility, and providing mutual backup? /10 Negotiation Ethics To what extent did the negotiating team observe or violate the ethical requirements of a professional relationship? Communication Did the team articulate their position clearly and eloquently? How well did the illicit information where appropriate? /10 Self Analysis Identified strengths and weaknesses? Learnt from experience? Ineffective Somewhat ineffective Standard Effective Highly Effective 0-2 2-4 4-6 6-8 8-10

Junior Negotiation Preparation Negotiation does not require much preparation! We suggest: Read the competitions handbook Practice with your partner (talk about the roles) Compare strategies and prepare general questions Have some knowledge of the area of law that is involved (you will only be provided with scenarios from areas of law that you have already studied, i.e. contracts)

Junior Negotiation Benefits for you! Practical experience that you will use in the future! Negotiation is favoured in legal practice Make new friends Opportunities to enter external competitions Feedback provided from older students who have competed previously

Junior Negotiation Important Dates Saturday, 12 September, 9am – 5pm (approx.) Monday, 14 September (times to be confirmed or throughout the week) Tuesday, 22 September 5 pm (for a 5:30 start) If you would like to compete in this competition, please complete the sign-up form. Please note that sign-ups for this competition will close on Friday, 4 September 2015 at 5 pm. If you sign-up and drop out of the competition, you must do so on or before 5 pm Monday, 7 September 2015.