Interviewing 3 Flashcards
Negotiation
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Assessed as part of;
Legal writing
Case and matter analysis
Client interview
Negotiation by correspondence
- Orderly and reasoned
- Time to think
-Time lag, makes it difficult to bargain
Telephone
-Speed
-No body language
Face-to-face
-Body language
-More fluid
-Logistical downsides
Ethics
-Still bear in mind
Not take advantage, act with integrity etc..
Strengths of own case and highlight weakness of others (but do not misrepresent).
Must not exceed clients instructions.
Common ground
Both parties have some common ground (resolve outside of court, reach agreement etc.)
Identify clients underlying interests
Anticipate other sides interests.
Formulating options / proposals
Arrive at solution acceptable to both parties
Best alternative to a negotiated agreement (BATNA)
Aim - to gauge where to pitch an offer and provide yardstick against which to assess the value of any offer made by the other side in negotiation.
Example - pressing ahead with litigation while attempting to negotiate
Opening bids
Look at most favourable and least favourable options
Opening bid should be highest justifiable outcome.
(Taking into account facts).
Aiming high allows coming down to counters (makes you look reasonable).
Clients resistance point - least favourable if all counters have been made by opponent.
(Still be flexible e.g. new information come to light)
Resistance point - achieve less than the BATNA.
Or clients lowest ( speak to client if unrealistic).
Multi-reasons - go less on one but more on others (many issues at once).
Settlement zones
Spectrum from best justifiable settlement to worse.
Other side done the same.
Settlement lies where overlaps.
Must try to gauge where it lies.
REMEMBER - duty to mitigate loss.
Sometimes something must change for their to be a settlement zone
Variables and unorthodox approaches
Variables allow for some give and take.
Unorthodox - other settlements, free service instead of payment etc.
Presenting the case
Look at whether urgent (lower settlement opening bid)
What points are non-negotiable
What concessions prepared to make
Don’t wait to see who makes first move.
Opening statements set tone and stop misrepresentation claims
Set out position, explain reasoning and identify areas of dispute.
Use collaborative tone
Say reasoning and then bid, to force other side to pay attention.
Other side opening statement
Read into their underlying interests.
Assertive in advancing case and tenacious in seeking replies to their questions
