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Negotiation Skills For A Lawyer Are A Must

This summer I am taking a class at school called "Negotiating and Counseling". Before starting the class, I had no idea just how important negotiation skills are for lawyers. Now, five weeks into the class, I am amazed at how often lawyers negotiate. It doesn't matter what area of law you practice in, having negotiation skills are an absolute must. Therefore, knowing how to negotiate before going into a negotiation is key to coming out on top.

The list below provides essentially the same major points we are focusing on in class, so I thought I would share them with you...

 

The Top 10 Keys to Successful Negotiation

Effective negotiation is an art, one that requires preparation and practice in order to be successful. Consider these ten tips for preparing for negotiation and improve your odds for a resolution.

1. Know what you REALLY want.
Many people enter negotiation only to find they did not have a clear desired outcome defined in their own mind. Write down your desired outcome as concisely as possible and use this outcome as the center point of your preparation.

2. Know your opposition.
Learn as much as possible about who you are negotiating with, what they want, their strengths and weaknesses, and their likes and dislikes.

3. Consider the impact of timing and method of negotiation.
Whenever possible, negotiate face to face. It is easier to say NO over the telephone and in writing. Initiate the negotiation process so that you have the advantage of preparation and timing.

4. Prepare your presentation... point by point.
Outline your presentation carefully. Place emphasis on benefits to the other party.

5. Anticipate reactions, objections and responses.
If possible, brainstorm with others who have had similar negotiations to get a jump on what to expect. For each objection or reaction, list positive responses, alternatives and examples that counteract the negatives.

6. Structure your presentation to ensure agreement on one or two points at the beginning of the negotiation.
For example, "I think we can agree right away that we have a problem and that we both/all want to resolve it." Initial agreement on minor issues or points early on in the negotiation process sets a positive atmosphere for agreement in later, more significant stages.

7. Determine paybacks and consequences for each party in the negotiation.
A clear understanding of paybacks and consequences makes it easier to determine when and how to make concessions and when and how to stick to your requirements and requests.

8. Prepare options rather than ultimatums.
An ultimatum should be used only as a last resort when you are sure you can back it up and the other party knows you can back it up. Even then, in virtually every negotiation there are options and alternatives that reduce defensiveness and lead to positive resolution for all parties.

9. Get comfortable with silence.
Many negotiators feel compelled to jump in with arguments and comments each time there is a pause in the interaction. Practice holding back on comments and responses. Silence can be a very powerful negotiation tool.

10. Close all negotiations by clearly outlining agreement.
When agreement or conclusions have been reached and you are ready to end your negotiation, review the agreement that has been reached. Then, end your negotiation on a positive note... commending those involved and emphasizing the progress made.

Taken from "The Top 10 Keys to Successful Negotiation" by Lynne R. Christen.

Posted on Monday, July 2, 2007 at 07:27PM by Registered CommenterScott Felsenthal in | CommentsPost a Comment

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