If you really want to up your negotiation game, master these highly-effective negotiation tactics.
Know the Outcome You’re After
Although the purpose of negotiation is for the parties to compromise to reach a solution, you shouldn’t go into it blind. Consider the final outcome you’re after. What’s the dream scenario for your client? What are some possible outcomes that you believe your client would be willing to at least consider if not accept? And, do your research. What were the results of similar cases? How are the current issues the same? Where do they differ? Consider that information and then revisit the potential outcomes. If necessary, talk with your client about the possibility of adjusting the desired outcome.
Review the Client File, Including Complaints, Answers, Motions, and Responses
Take the proper amount of time to review the entire client file. This includes complaints, answers, motions, responses, official reports, medical record summaries (if applicable), and anything else. This serves to refresh your memory about the pertinent details. You can review the issues or facts on which the parties agree. You can review the position of the other party. This exercise may also help you consider new ideas as well as what your client may or may not be open to during negotiation. Presenting the facts and events that led up to the need to consider litigation is one of the most effective negotiation strategies for lawyers. It helps you be more prepared to address issues the other party may bring up during the process.
Use Active Listening Skills to Your Advantage
As a lawyer, your main job is to advocate for your client and their needs. This position often leads lawyers to believe they must talk more than the other party. But should you really talk more than opposing counsel? Not necessarily. Of course, you do have points of consideration that must be made. Yet, talking is something every lawyer knows how to do. What every lawyer doesn’t know how to do is to use active listening skills. It’s a shame, really, because active listening skills can be used to your advantage.
Active listening doesn’t mean that you never speak or allow opposing counsel to talk over you or tell you “how it’s going to be.” Rather, it’s you paying very close attention to what’s being said, what’s not being said, and watching their body language. Active listening means you don’t interrupt while the other side speaks. You provide feedback to show that you’re listening. You can take notes. You do not think about what you’ll say when they’re done speaking. If you’re busy thinking about how you’ll respond, you could miss something they say…or something they don’t say because you’re not fully present while they’re speaking. After they finish speaking, you summarize what you heard them say to ensure that you didn’t misunderstand something. As a highly-effective negotiation tactic, ensure everything that is discussed is consistent with the official reports and court documents. Finally, ask questions to clarify any issues that need to be addressed.
Keep Collaboration at the Forefront of Your Mind
The purpose of negotiation is to for the parties to work together to come to a settlement everyone can live with. It’s a method of avoiding litigation. It’s generally less expensive, less stressful, and less time consuming than trial. Being a highly-effective negotiator means that you are going into the process with the goal of reaching a solution. Look at ways to build a bridge to cross over the issues involved.
Be a Good Human Your Grandma Would Be Proud Of (If She Were in the Room)
There’s no need to be “that guy” when you’re advocating for your client. In addition to not breaking any ethical rules in your jurisdiction, you should also just be a nice human. Don’t act in a way that would cause you embarrassment if your grandma found out how you behaved. Consider how your grandma would feel if she were in the room with you during the process. You could also just remember that it’s never a good idea to say, write, or behave in a way that you don’t want to explain to a judge.
You can be both nice and assertive during settlement conferences. How is being nice an effective negotiation tactic? Being polite to the other party helps them relax. They may be more willing to continue working with you to reach an agreement even when things get tough.
Start with Issues Where You Can Give a Little
Negotiation isn’t about one party getting all of the benefits. It’s about reaching a mutual agreement. One of the most highly-effective negotiation strategies you should use is to start with the smaller matters you’re comfortable conceding. This establishes trust and helps to create an environment of and collaboration. Giving a little from the beginning could reap more potential benefits for your client by the time the negotiation process ends.
Be Ethical, Always
It shouldn’t need to be said, but always act, speak, and write in a way that is ethical. You do not want to deal with an ethics complaint. You really, really don’t want that. Review the ethics rules in your jurisdiction and follow them. Stay away from insults, lies, threats, and other uncouth behavior. Think about your grandma (or the judge) and how she would react if she were there with you.
Have an Exit Strategy
Negotiation does not have a 100% success rate. While we want you to expect the best, it’s also wise to prepare for the worst. The worst case scenario is that the attempt at settlement fails. So, make sure that you have an exit strategy. Know where to draw the line and when to call it quits with the process.
