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The annual Practising Law Negotiation Workshop introduces attorneys to the art and science of effective lawyer negotiation.  The Workshop begins with an interactive class discussion of the fundamental concepts, theories, tactics, and techniques of effective transactional and dispute resolution negotiation. The discussion integrates the latest research involving the primary negotiation strategies (distributive-adversarial and integrative-problem solving), the key stages of negotiation (preparation, assessment, persuasion, and exchange), and the core bargaining styles (competitive and cooperative).  The format employs lecture, video exemplars, problem exercises, and a PowerPoint presentation.

At the conclusion of the exploration of the critical elements of lawyer negotiation, attorneys participate in a one on one transactional negotiation of Hsin Fung Electronics (HSN) & Odyssey Cable Network (OCN).  The HSN-OCN simulation has been negotiated by thousands of lawyers in the US, Europe, South America, the Middle East, and China, including lawyers in many of AmLaw’s “Top 100 Law Firms,” and in the law departments of a number of Fortune 200 corporations.  The negotiation results of the Workshop participants are compared with the outcomes those attorneys recorded.  A set of reading and reference materials will be supplied to participants.   The following learning outcomes can be expected:

At the conclusion of the Workshop, participants will understand

1.  The importance of effective negotiation skills in practice (i.e., negotiated agreements by lawyers resolve more than 95% of civil lawsuits, and negotiation is the key action step in virtually all legal transactions).

2.  The difference between and the elements of distributive (adversarial) and integrative (problem solving) negotiation strategies.

3.  Negotiation’s four stages (preparation, assessment, persuasion, and exchange) and two negotiator styles (competitive and cooperative).

4.  The importance of preparing for negotiation and the steps involved in creating a comprehensive negotiation plan.

5.  The typical psychological “traps” that interfere with negotiation planning and execution.

6.  The role of culture in transnational negotiation and sources of information on the bargaining characteristics of different cultures.

7.  The importance of controlling critical information in negotiation.

8.  How, during negotiation, to obtain needed information from the counterpart, protect sensitive information from the probes of an opponent, and give persuasive information to influence the other party’s perception of the matter being negotiated.

9.  The ethical issues involved in the exchange of information in negotiation.

10. The elements and use of effective argument, emotional appeal, threat or promise in negotiation.

11. How to construct a distributive (zero-sum) bargaining chart when negotiating issues involve fungible, finite matters (such as money and time).

12.  How to construct an integrative (problem solving) matrix to identify, classify, and compare the needs, goals, values and interests of the parties and to develop multiple solutions for complex and non-fungible issues.

13.  The timing and size of, as well as the communication and response principles for, distributive (zero-sum) and integrative (problem solving) offers during the exchange phase of negotiation.

14. The two negotiation agenda formats, sequential and simultaneous.

15.  When and how to make a concession in a distributive (zero-sum) negotiation.

16.  The results and sources of current multi-disciplinary research on the preceding issues that lawyers confront when negotiating on behalf of clients in transactional and dispute resolution matters.

PONENT: Joseph D. Harbaugh Professor of Law, Fulbright Fellowship Specialist in Negotiation, Madiation, and Alternative Dispute Resolution

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Obra recomendada por Lefevbre - El Derecho para esta materia: Memento Ejercicio Profesional de la Abogacía 2016-2017