p. 18312. Preparing for Negotiation
- Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
- Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
- and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London
Abstract
This chapter details the process of preparing for negotiation. The purpose of a negotiation is to get the best possible outcome for the client, so planning should be based on a careful identification and prioritization of the client's objectives. Context is very important and relatest o the implications of the stage the case has reached. The lawyer should identify the issues that need to be negotiated, and analyse the facts, evidence, and law to put together persuasive arguments on each issue. They should evaluate their case carefully to plan potential concessions, demands, and offers, so that they are clear what they want to get on each issue, and what the possible fallback positions are. The chapter also considers the importance of planning a best alternative to a negotiated agreement (BATNA) and worst alternative to a negotiated agreement (WATNA) to provide a context for assessing offers and the possible overall outcome of the negotiation.
