Commercial Negotiation
This participatory workshop involves a number of worked exercises as well as sessions covering:
Preparing for Negotiation: The Stages
Preparation, position, confrontation/getting to know you, Horse Trading, precipitation of crisis, confirmation
The Strategy Skills of Negotiation
Traditional (adversarial) and the Zero-Sum Game, principled, expanding the pie, problem solving, looking at needs, positional bargaining; playing the game and changing the game
Mediation, ADR and Electronic deals
Mediators’ assumptions, lawyers’ assumptions, clients’ assumptions, expense, continuing relationships and outcomes, the form of mediation, consider arbitration, electronic table platforms
The Reluctant Negotiator
Getting them to the table – one text negotiation systems, drafting the contract, Getting going – multi issue negotiation, moving from threshold agreement, pareto optimality and the “efficient frontier”
The new ethics of negotiation
Conflicts and entities, duty to the client, duty to the court and duty to the public interest.