A more recent version of these Negotiation notes – written by City Law School students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Alternative Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
NEGOTIATION Prep + planning Client objectives Issues Arguments Concessions + offers Strategy Style
Who? Just lawyers? Number proportionate to cost of case? If clients, possibly arrange separate room to avoid undermining strategy.
Opening / set agenda On each issue Exchange info Put forward arguments Potential offers / concessions
Overall deal Settlement / breakdown (= oral contract, make sure to check terms carefully)
Ethos Why negotiate?
? out of court settlement motivated by fear and flexibility o Fearsmaverick judge - lose a cut and dry case due to judge making unexpected judgmentunexpected turn of events during trial - witness could not performshrinking pie - the longer proceedings are, the more costly it is; the earlier you can settle the more there is to share about
o Flexibilityparties can settle in ways judge would do very slowly
What are we trying to do?
? negotiation is about analysis of risk o can't agree on what happened BUT can agree on what judge likely to make of what may have happened
o insurance salesman analogy; settling for less cf selling insurance against getting even less (or paying more) if case went to trial
o ID risks and price themwhat are the risks of us not winning?what are the risks worth?what should client concede to obviate risk?
Buy the full version of these notes or essay plans and more in our Alternative Dispute Resolution Notes.