Negotiation Flashcards
What is negotiation?
An interpersonal process through which we make arrangements
with others to resolve disputes or plan transactions, often by reconciling conflict-ing—or apparently conflicting—interests
Who do lawyers negotiate with?
Other lawyers, clients, the judge, people in their personal life, bosses, partners, etc
What is a integrative, problem solving, cooperative, value creator?
Looks for solutions that address the underlying needs and interests of the parties to create a win win situation
What is a distributive/competitive/positional value claimer?
Someone who focuses more on positions and sees negotiation as a win-lose situation aka zero-sum
What are low cost/high value trades?
Things that cost you little to provide that are very valuable to the other person
What is the negotiator’s dilemma?
The tension of what personal information to reveal to the other side and how
What are interests?
a persons needs, desires,
concerns and fears that motivate them towards a position
What is a position?
Something you have decided on that serves your interests
What are the three elements of negotiation?
Influence and persuasion
People resisting you trying to influence them
How you deal with that conflict
Where does most of your persuasion come from?
Voice and body language and only 7% from words, 38% voice, 55% body language
What is reactive devaluation?
a cognitive bias that occurs when a proposal is devalued if it appears to originate from an antagonist (basically I am not going to listen to you because I don’t like you)
What is ZOPA?
Zone of possible agreement. It is the range that one person is willing to pay and one is willing to accept. The negotiation deal must be within this range
What is the aspiration point and reservation point?
reservation point- the absolute lowest amount you would accept
aspiration point- the best/highest deal you could have
What is BATNA?
Best alternative to a negotiated agreement- what is your best alternative if you do not make a deal with this other person. Make sure the deal with the person is at least as good as your BATNA.
What is creating value approach?
Creating value in a negotiation means finding ways to expand the resources or options available to both parties, so that both can benefit more than they initially thought possible. This is often referred to as a “win-win” approach. The focus is on collaboration and discovering solutions that improve the overall outcome for all involved, often by thinking creatively and identifying mutual interests.
What is claiming value approach?
Claiming value refers to the act of taking as much as possible from the value that has already been created or is available in the negotiation. It’s more about asserting one’s position, bargaining hard, and securing as much of the pie as possible. This can lead to a “win-lose” outcome where one party may benefit at the expense of the other.
What is the first offer in a negotiation referred to as?
an anchor because it can influence the direction and outcome of the negotiation, sometimes even more than the final agreement itself
What are three ways to respond to a horrendous first offer?
1) flinch- erase the anchor
2) The Donald Trump walkout
3) Make them justify their objective standards (ex- where did you get that number?)
How can a misrepresentation happen?
a lawyer generally has no affirmative duty to inform an opposing
party of relevant facts. A misrepresentation can occur if the lawyer
incorporates or affirms a statement of another person that the lawyer knows
is false. Misrepresentations can also occur by partially true but misleading
statements or omissions that are the equivalent of affirmative false
statements
What statement of facts are lawyers allowed to lie about?
Estimates of price or
value placed on the subject of a transaction and a party’s intentions as to an
acceptable settlement of a claim are ordinarily in this category, and so is the
existence of an undisclosed principal except where nondisclosure of the
principal would constitute fraud.
What 9 legal skills and abilities do you need for effective legal counseling?
Active listening/Empathy
Use effective questions to get an accurate sense of the case
Build rapport (through your questions and behavior, including
nonverbal communication)
Let them know your expertise (including accurately stating the law
and applying it to their facts and situation)
Let them know you are there to advise them and to help them
achieve their goals
Help them understand their risks, underlying interests, and short-
term and long-term goals
Advise them on possible courses of action, including what you
believe would be most effective
Let the client make the decisions on goals and outcomes—you, the
lawyer, will provide advice on the best tactics and strategies to achieve
those goals and outcomes
Asking “questions for understanding” – How is this done??
What two components is constructive dialogue composed of?
- Empathetic listening
- Questions of genuine curiosity
What are six key features of empathetic listening?
- Nonjudgmental
- Gives undivided attention
- Focuses on facts and feelings
- Involves awareness of nonverbal
communication - Allows for silence
- Requires restating and paraphrasing
What are Aristotle’s 4 elements of persuasion?
Ethos: Ethics, Trust, Credibility
Pathos: Emotional connection with clients or the people you are working with
Logos: Logic
Kairos: Timing on when to being certain things up
What is the key to good negotiating?
Good questions and anticipating questions that will be asked of you
What were the five types of conflict styles?
Avoider, competer, collaborator, accommodator,compromiser
What is the competitor conflict style?
Fight fire with fire; like to win; like to take
charge & be in control; can sometimes be impatient or
overly eager.
What is the accomodator conflict style?
Go along to get along; oftentimes
supportive & helpful; behave in a “smoothing” way;
concerned with relationships.
What is the collaborative conflict style?
Like working together; like being creative
and inventing new options; want to satisfy concerns of
both sides.
What is the compromiser conflict style?
Seek a MIDDLE ground; Want the
solution to be fair to both sides (partial win win because each side is giving up something
What is the avoider conflict style?
flee from or deflect conflict
What is the Dynamic Negotiating Approach Diagnostic?
The Dynamic Negotiating Approach suggests that negotiation tactics should be fluid and adaptable, adjusting based on the context, relationship, goals, and the personalities of the parties involved. It focuses on flexibility and recognizing when different approaches — such as competitive, collaborative, or compromising strategies — should be used depending on the situation.
What are the five basic skills for effective negotiation?
Assertiveness
* Empathy
* Flexibility
* Social Intuition
* Ethicality
What are the three levels of assertiveness?
Minimal skill: set a realistic, specific goal.
* Average skill: set this goal optimistically high with
sufficient research into criteria to back this up.
* Best practices: also have mapped out framing
arguments or other persuasive tools to help you
sell your goals.
What are the three levels of empathy?
Minimal skill: to distinguish between the rare win-lose negotiations
and those that have room for joint gain.
* Average skill: ability to find integrative potential.
* Best practices: translate parties interests into realistic integrative
proposals.
* Minimal skill: ask questions of the other side to get info about them
to help move the process along.
* Average skill: ask questions to uncover the counterparts interests
and needs.
* Best practices: have a “learning conversation” to better understand
the counterpart’s client and the client’s situation to propose solutions
that respond to those needs
What are the three levels of flexibility?
Minimal skill: choosing a style based on a particular
context or counterpart.
* Average skill: shifting strategy or tactics during the
negotiation to respond to your counterpart.
* Best Practices: careful thinking about the reputation
of your counterpart, selecting skills on that basis as
well as your own skill set and your client’s situation,
and adapting your skills as needed based on your
counterpart and information you get during the
negotiation.
What are the three levels of social intuition?
Minimal skill: have a level of cordiality
* Average skill: schmooze with the other side
* Best practices: advance research to find areas of
commonality and be genuinely friendly and
curious.
What are the three levels of ethicality?
Minimal level: follow the professional rules
of responsibility & not actively deceive the
other side.
* Average level: Also view possible
deceptive behavior through the lens of
likely ramifications including your
reputation.
* Best Practices: Being actually trustworthy
and treating the other side fairly.
