Case and Matter 3

Question 1

Negotiation

Answer 1

’’ ‘’

Question 2

Think forum

Answer 2

Written
Face to face
Email
Phone

(Advantages and Disadvantages of both)

Question 3

Ethics

Answer 3

Don’t over emphasise position

Remember ethical values

Question 4

Objectives

Answer 4

Client end point

Underlying commercial interests

Anticipate other sides interests

Question 5

Formulating options

Answer 5

Strengths and weaknesses (CMA)

BATNA - best alternative to a negotiated agreement

Most favourable result / least

Opening bid - highest justifiable outcome, taking into account law and facts.

Resistance point

Settlement zones

Question 6

Opening statement

Answer 6

Present case confidently and concisely using a collaborative tone and demeanour.

Cover
-purpose
-position
-benefits to other side
-rationale
-why this is the best approach

Question 7

Closing

Answer 7

confirm what has been agreed

prepare immediate agreed written summary

ensure details are clarified

preparing a list of actions to be taken to taken by both sides (if appropriate).