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.
Chapter
12. Preparing for Negotiation
Chapter
13. The Negotiation Process
This chapter explores the negotiation process. Good communication skills are very important for effective negotiation. Each negotiator should make clear any limits on authority, and whether any settlement will be subject to client approval. Indeed, agenda setting and opening are important in gaining control of a negotiation. It is normal to move through each issue reasonably systematically, making best use of information, analysis, and presentation. It is also important to deal with concessions, offers, and demands effectively to get the best outcome for the client. The negotiator should be able to identify the problems that can arise in a negotiation process and the techniques that may be used to overcome them. If a negotiation is successful, an oral contract is reached; the terms should then be clarified and recorded. Even if the negotiation is not successful, progress may be made with regard to the case.
