your brilliant career for u.c. davis school of law presentation
TRANSCRIPT
Negotiating Your Brilliant Career
Most justice issues don’t fit in the bucket!
DUTY BREACH
CAUSE DAMAGE
We strip legal narratives of all “irrelevant” detail, suppressing
particularity, nuance, and texture from dispute. We discount “feelings” of
injustice as irrelevant to the dispute.
People don’t have legal problems, only lawyers have legal problems. People have people problems burdened
with justice issues.
He’s forever robbing Peter to Pay Paul
I want to be Paul
My son died of cancer in the middle of negotiating the resolution of this deal
The operating room is my church
If I settle it will mean I killed her
{weeping}
We served in Saigon at the same time
No one gets a better deal
"The most powerful interests are basic human needs. If you can take care of such basic needs, you increase the chance both of reaching agreement and, if an agreement is reached, of the other side’s keeping to it..” Getting to Yes
Behind every accusation is a cry for help
• They’re not difficult, they are uninformed
– Educate them about their true interests, consequences of their actions
– Help them understand what is in their best interest
– May have misunderstood or ignored a crucial piece of information
From Bazerman & Malhotra, Negotiation Genius
They are not irrational; they have hidden constraints
– Institutional
– Precedential
– Promises to others
– Deadlines
From Bazerman & Malhotra, Negotiation Genius
They’re not evil; they have hidden interests.
– Personal (unrelated to you or deal)
– Relational (related to you but not to deal, i.e., “face”)
– Political, social, cultural
From Bazerman & Malhotra, Negotiation Genius
“China would be reluctant to agree to sanctions that could seriously destabilize North Korea — such as cutting off oil permanently or for a significant period of time —because China’s primary concern is stability on its borders.”
Why won’t China stop sending North Korea Oil?
• Libya and Iraq teach only WMD can deter U.S. threat
• 28,000 troops in South Korea, and policy of first-use nuclear option is existential threat.
• Kim’s leadership rooted in narrative of defense against an implacably hostile United States
Why Won’t Kim Give Up NK’s Nuclear Ambitions?
Why Isn’t Your Firm Paying “Market”
Be curious
Be authentic
Network (make friends)
Establish own reputation
Mentor/sponsor
Follow the power/money
Prize opportunities that offer autonomy, mastery, purpose
Be of service – it’s just about the only thing that matters
Dress for Success, Professional Class