Negotiation Strategies for Commercial Lawyers

Introduction

Negotiation has always been the one of the most important lawyer's skills both for commercial deals and for disputes. More disputes seem to be settled or decided by mediation/arbitration and some go to online dispute resolution.

• What is the lawyer's role in these new contexts?
• How best can we keep control of alternative dispute resolution proceedings?
• How will the ethics and process of negotiation change in a new approach to ethics after the Post Office scandal and into the world of AI?

What You Will Learn

This live and interactive course will cover the following:

• Preparing for Negotiation: The Stages
• Preparation, position, confrontation/getting to know you, Horse Trading, precipitation of crisis, confirmation
• The Strategy Skills of Negotiation
• Traditional (adversarial) and the Zero-Sum Game, principled, expanding the pie, problem solving, looking at needs, positional bargaining; playing the game and changing the game
• Mediation, ADR and Electronic Deals
• Mediators' assumptions, lawyers' assumptions, clients' assumptions, expense, continuing relationships and outcomes, the form of mediation, consider arbitration, electronic table platforms
• The Reluctant Negotiator
• Getting them to the table - one text negotiation systems, drafting the contract
• Getting going - multi-issue negotiation, moving from threshold agreement, pareto optimality and the ‘efficient frontier’
• The new ethics of negotiation
• Conflicts and entities, duty to the client, duty to the court and duty to the public interest

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.