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

2. 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.

3. 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

4. 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

5. Video

6. 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

7. 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.

8. 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

9. 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?

10. 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.

11. 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.

12. 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

13. 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)

14. 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

15. 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