5 TIPS FOR PARTICIPATING IN NEGOTIATION COMPETITION

Negotiation is an art that a budding lawyer must have in them. If one is persistent of becoming a lawyer, then to master this skill is of utmost importance in a legal career. Effective negotiation skill helps one to resolve complex situations with minimal disruption. It is to achieve the best possible outcome for the client without undergoing any tedious litigation process. Hence, to practice law, one needs to be a good negotiator. For lawyers, negotiation is unavoidable, and one must always strive to enhance and upgrade their already excelled skill of negotiating. 

Here are some of the most useful tips as on how to participate in a negotiation competition and come out as a winner:

1. Information is Power 

One must be fully prepared about all the topics related to negotiation. This power goes to those to listen and learn to their competitors. It is thus critical to ask questions beforehand, but to ask relevant questions during the negotiation is advisable. Therefore, with the right and resourceful information in your pocket, you have the power. Without it, you will be scrambling. 

2. Assess your Issue Beforehand 

Before the negotiation commencement, know what is in the best interest for your client and prioritize them. Questions such as, what concessions might be available for each side? What are some reasonable proposals? How badly does each side need an agreement? What areas of common interests exist between the competitors? We should well think all of these crucial questions before preparing to pitch in the negotiation.

3. Prepare your Strategy Beforehand

Gather all the evidence in support for your negotiation and be well versed with your strategy beforehand. Consider the order of evidence and what sequence you wish to open your negotiation (playing a good cop or bad cop). Having a plan in mind will only help you to control your negotiation process. Always stick on a straight path and go on assessing your problems one after the other. With a proper mind set, one can avoid getting stuck on the first issue, but more importantly, you won’t have time to give trade-offs or packages at the end. Explore each issue but do not hurry to conclude them until everything else has been aired. The problem comes from regarding “yes” and “no” as the only available options when responding to an offer. So, I’d offer a few alternative responses: “why do you say that?” or “how do you get to that number?” or “let’s explore that idea a little further”.  

4. Calm and Positive Approach 

Don’t get too excited or impressed. Avoid any sort of provocative words or gestures or on blaming the other competitors. Instead, be patient and listen carefully to your counterpart, avoid making assumptions or finishing his sentences, but remain silent and allow him to speak. It is usually best to establish an atmosphere of trust, by greeting your adversary in a friendly manner, engaging in standard small talk, seeking basic common ground and avoiding threatening speech or conduct. Move forward calmly and methodically. 

5. Concluding 

Avoid making the first offer and when you make a first offer avoid being too obvious, as it will likely result in a delay. Set some common goals and explain why your objectives/purpose are essential. Consider making conditional offers (“if you agree to X, we might consider Y”). Consider cutting to the chase (“Let’s get to the point, what can you offer?”). Search for ways to find win-win solutions. Save small concessions to offer when agreement seems close. If an agreement is reached, be sure to have both sides sign a writing on the spot, even if it’s just a handwritten MOU (act it out).