1. 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

2. Is this how it is?

3. 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

4. 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

5. 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?

6. 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)

7. 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

8. 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

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

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

11. 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

12. 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

13. 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

14. 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

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

16. 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

17. 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"

18. 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?

19. 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?

20. (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)

21. 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)