university of westminster 2009-2010negotiation and the negotiation competition 1 session 1/ graham...
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2009-2010Negotiation and the Negotiation Competition 1
Session 1/ Graham Robson
Negotiation Skills…and the Negotiation
Competition
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What happens• Law students in teams of two negotiate a
dispute/ make a deal with another team. • Teams get common facts explaining
scenario • Each team gets confidential info about
their client
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What happens• The object of the exercise is not
necessarily to “win” at all costs -it is as much about the process as the outcome.
• No particular legal theme to the competition
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Competition info
• www.law-competitions.com
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WORKSHOPSThursdays 1-2pm in LTS3.07
12 Nov: Introduction, mini-lecture, Erin Brockovich video (extract)19 Nov: How to do it; the negotiation meeting; The Art of Negotiating video26 Nov: Style self-assessment; opera singer scenario; Assessment criteria3 Dec: looking at a competition scenario
Graham Robson: [email protected], tel. ext. 2507
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Negotiation
• What is the objective of negotiating?
• What do negotiators do?• What skills do you need?• Tactics, strategies and styles• What happens in a negotiation?
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Legal negotiating?
• Erin Brockovich clip
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• To confer with another for the purpose of arranging some matters by mutual agreement; to discuss a matter with a view to settlement or compromise
Shorter Oxford Dictionary
Definition 1
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• Communication for the purpose of persuasion
Goldberg, Green and Sander
Dispute Resolution, 1985
Definition 2
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• A problem solving process in which 2 or more people voluntarily discuss their differences and attempt to reach a joint decision on their common concerns
Moore, Negotiation Materials, 1983
Definition 3
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• planning • negotiating• documenting
Overview of the process
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• being self-confident• being creative• looking at problems from
different viewpoints
Personal skills
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• identifying and evaluating relevant facts
• identifying and evaluating legal issues
Organisational skills
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• speaking effectively• listening and questioning• powers of persuasion
Communication skills
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• Tactics a particular negotiating ploy
• Strategies an approach to negotiating
• Stylesyour own nature
Differentiate between…
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• distributive problems a fixed pie
• integrative problemsmake the pie bigger
The bargaining context
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• competitive/ aggressive • co-operative/ soft • principled/ problem-solving
Strategies
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• high initial demand• firm demand• false demand• good guy/ bad guy routine• take it or leave it
Competitive
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• participants are friends• the goal is agreement• make concessions to cultivate the
relationship• be soft on the people and the
problem
Co-operative
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• participants are problem-solvers• the goal is a wise outcome
reached efficiently and amicably• separate the people from the
problem• be soft on the people, hard on the
problem
Principled
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Next…
19 Nov: How to do it; the negotiation meeting, The Art of Negotiating video26 Nov: Style self-assessment; opera singer scenario; the assessment criteria3 Dec: looking at a competition scenarioCompetition to follow this term