June 20, 2003

Negotiating -- The First Step

I like to settle cases. The first thing I do when I'm hired to represent a client (as opposed to being hired as the neutral) is try to settle a matter. I keep trying until it's resolved. Often there's some resolution to be had after trial.

As a corollary to that, I usually enjoy the process of negotiating. I like sitting down and sorting out the various competing interests and trying to settle things in a way that somehow meets those various needs.

I also spend a lot of time analyzing my negotiations and trying to improve things. Recently, I hit upon the number one step in any negotiation. Unless both sides take this step, there is no negotiation and I get really irritable.

Step one is acknowledging there is a dispute. By that, I mean each of you must realize that the other side disagrees with your position and that the other side believes in its position. Occasionally, I run into someone who believes that their side is correct and the other side knows it and is trying to cheat them.

As a result, the "negotiation" goes like this:

We want A, B and C.

I am not giving you A, B and C.

Will you agree to give us A?

Yes.

Good. Now what about B and C?

What do you want?

B and C.

What do I get?

We won't sue you for A, B and C.

You're not entitled to all of that.

Well, that's what we want.


And around we go. By the way, the agreement to A lasts about 30 seconds. in this process. Any ensuing litigation will cost both clients a lot of money until someone somehow convinces each of them that the other side honestly believes in their position.

Posted by Justene Adamec at June 20, 2003 12:09 AM | TrackBack
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