Negotiation strategies for lawyers

Negotiating is a key skill in a lawyer’s repertoire; helping to close a deal, settle a lawsuit, or navigate a merger, but being a great negotiator doesn’t always come naturally – it is a skill that needs to be nurtured, refined and honed.

Strategic negotiation ensures the best result for your clients, and you.

To help you achieve this, we have gathered our top 3 negotiation strategies for lawyers, below…

Knowledge and negotiation

Knowledge is power – we all know this axiom to be true yet it still gets overlooked.

Knowledge, or information, is a key factor in successful negotiations – by appraising and listening to the opposition (understanding their requirements, expectations or opinions) you will be in the best position to perform successful negotiations.

Preparation is essential, consider the following:

• Thoroughly research and understand the case or deal, and the strengths and weaknesses of your client’s position and that of the opposition.
• Anticipate possible arguments and counterarguments from the opposing party.
• Know the opposition’s goals and priorities, your client’s objectives and boundaries, as well as your own bottom line.

In order to gain this information, it is necessary to develop relationships and build rapport; ask open questions, listen to the responses, and assess the facts or opinions of those involved within the negotiation so you have a deeper understanding of what each party desires.

Many negotiations falter or fail due to misunderstandings – the knowledge and information you gather before negotiations begin are an essential element in ensuring this doesn’t happen.

Effective negotiations require understanding, discussion, and agreement – gaining as much knowledge as possible ensures a greater understanding and leads to successful discussion and negotiation.

Conflict and negotiation

Managing conflicts and reaching agreements between parties with potentially divergent interests is the aim of a successful negotiator.

Therefore, understanding different conflict styles can be beneficial in navigating negotiations effectively.

Here are five common conflict styles (created by Dr Thomas and Dr Kilmann in the 1970’s, that are still considered highly relevant today within negotiation training) which individuals may adopt during negotiations:

• Competing/Assertive
Characteristics – This style is characterized by a high level of assertiveness and a low level of cooperativeness. Individuals using this style aim to achieve their goals at the expense of others’.
Use in negotiation – Useful when quick decisions are needed or when unpopular actions are required. It can be effective in situations where one party has a clear advantage.
• Collaborating/Problem Solving
Characteristics – High assertiveness and high cooperativeness. This style seeks to find solutions that satisfy the concerns of all parties.
Use in negotiation – Ideal for complex issues where multiple perspectives need to be considered. It builds long-term relationships and can lead to creative, win-win solutions.
• Compromising
Characteristics – Moderate assertiveness and moderate cooperativeness. This style involves finding middle-ground solutions where both parties make concessions.
Use in negotiation – Effective when time is limited, and a quick resolution is necessary. It can be a pragmatic approach when parties need to meet in the middle.
• Avoiding
Characteristics – Low assertiveness and low cooperativeness. Individuals using this style may sidestep or postpone the conflict without addressing the underlying issues.
Use in negotiation – Appropriate when the issue is trivial, when emotions are running high and need time to cool, or when the cost of confrontation outweighs the benefits.
• Accommodating
Characteristics – Low assertiveness and high cooperativeness. This style involves prioritizing the concerns of the other party over one’s own.
Use in negotiation – Useful when maintaining relationships is more important than the immediate outcome, or when one party recognizes that the other has a stronger position.
Most individuals often use a combination of these styles depending on the situation.
Effective negotiators are adaptable and can choose the most appropriate style for the context.
Understanding your own actions and reactions, and the actions of others around you, will ensure you are able to influence negotiations and help you to stay in control within every situation.

Control and negotiation

Negotiation requires expert management and control of the situation (either covertly or overtly) yet this can be one of the most challenging elements when negotiating, especially when the stakes are high.
Staying in control of the agenda can make or break your negotiation, here are a few tips worth adopting:

• Thoroughly prepare for the negotiation. Know your goals, priorities, and potential concessions. Anticipate the other party’s positions and prepare responses.
• Clearly define your objectives and what you want to achieve from the negotiation. Prioritize your goals so you can focus on the most important issues.
• Take the initiative at the beginning of the negotiation. Set the tone and guide the conversation. Start with issues that are favourable to your position.
• Build rapport with the other party to create a positive atmosphere. However, maintain a balance; don’t let excessive friendliness lead to a loss of control.
• Clearly articulate your points and be assertive but respectful. Listen actively to the other party’s concerns and validate their perspective before countering.
• Maintain emotional control, even in the face of challenges or provocations. Avoid reacting impulsively, as this can compromise your position (remember the conflict handling styles of Thomas Kilmann’s in the section above).
• If the conversation veers off-topic, gently bring it back to the main agenda. Politely acknowledge the diversion and then guide the discussion back to key issues.
• Clearly outline the agenda at the beginning of the negotiation. Use phrases like “Now, let’s focus on…” to guide the conversation in the desired direction.
• Control the pace of the negotiation to ensure that important issues are given adequate time. If necessary, slow down the discussion to allow for thoughtful consideration.
• Control the flow of information. Disclose information strategically, and avoid giving away too much too soon. Use information as leverage to support your position (see section 1 above).
• Embrace pauses strategically to encourage the other party to share more information or to contemplate your proposals. Silence can propel others to speak, so make the most of the listening opportunity.
Remember, negotiations are a dynamic process, and flexibility is essential. While it’s important to control the agenda, be prepared to adjust your approach based on the evolving dynamics of the negotiation.

Successful negotiation often involves a dynamic and tactical use of all of the above strategies to achieve mutually satisfactory outcomes.

It will take time to become adept at using these tools, but success is achievable.

Negotiation training can help to reinforce all of the strategies above and explore new perspectives, giving helpful insights into personalities, bias, relationships and so on, which are beneficial when dealing with differing individuals and backgrounds.

Contact a member of our team now to discuss your training requirements, or click here to book your place on our Principled Negotiations for Lawyers course.