13 February 2010
I spent three hours standing on a packed train from Oxford yesterday evening. I took some consolation from the fact that my day had been spent successfully negotiating a settlement for my client.
The current economic climate creates a greater need to drive a hard bargain than was the case in better times and therefore negotiation and negotiation skills are now even more important.
Chester L Karass (The Negotiating Game, 1970) identified a number of important traits of successful negotiators:
Planning skill, ability to think clearly under stress, general practical intelligence, verbal ability, personal integrity, ability to perceive and exploit power,self esteem, tolerance for ambiguity and uncertainty, open mindedness to test own assumptions and opponents intentions,and a desire to achieve, to aspire, to take that extra but sensible measure of risk that represents a commitment to one's strivings.
I would add flexibility and an ability to listen.When I trained as a mediator there was a great emphasis on listening.It is a means of acquiring greater knowledge and understanding and this allows for a better application of negotiation skills aimed at achieving the most 'gain'.
Many lawyers tend to see negotiation as a problem solving exercise rather than an exercise in achieving objectives. I see it as both.
Can successful negotiation produce a 'win win' outcome? Usually the best that can be achieved is both parties gaining but frequently one party 'wins' more than the other. The gulf between 'winner' and loser after litigation and trial is almost always far wider.
Any cynics who question why a litigation lawyer would wish to negotiate a deal rather than profit through lengthy and expensive litigation should consider these wise words from a certain American lawyer and president (excuse the spelling, he was American):
"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunityof being a good man. There will still be business enough." Abraham Lincoln.
This is correct. We still handle lots of litigation and sometimes litigation is required to achieve an objective. Even Lincoln could not negotiate every dispute; He embarked upon a civil war.We can and do apply our skills and knowledge with integrity and this means seeking to achieve your objectives through negotiated settlement wherever possible. Get in touch.
