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Negotiation Styles And Strategies Notes

BPTC Law Notes > Alternative Dispute Resolution Notes

Updates Available  

A more recent version of these Negotiation Styles And Strategies 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:

ADR: NEGOTIATION STYLES & STRATEGIES Negotiation Styles

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The negotiator's manner of delivery, attitude and demeanour - the way they present themselves during the negotiation. It includes their tone and volume of voice, the language they use, body language and personality. A style can be deliberately adopted to meet the needs of the client/case.

Confrontational/ Competitive

* Relatively formal in approach

* Argumentative

* Tends to be dogmatic

* Uses emphatic language

* Unwilling to reveal information

* Less willing to see the merits of the other side's case

* Makes demands

* Less willing to compromise

* Attempts to wear the opponent down Cooperative/Collaborative

* Open approach, less formal

* Tends to be conciliatory

* Uses more neutral/constructive terminology

* More open to sharing information

* Willing to co-operate to reach a settlement

* More willing to make reasonable concessions

* Friendly, courteous, tactful COOPERATIVE STRATEGY

* The focus is on reaching an agreement that is fair to both sides, and on the assumption that both sides will make concessions to achieve that

* The negotiator is willing to share information and co-operate with the other side.

* The negotiator is willing to make concessions and explain the basis for doing so (to show fairness, and that the concession is reasonable and justified rather than a sign of weakness)

* There is a willingness to explain your case/strength of position on an issue/the basis for offers COLLABORATIVE/PRINCIPLED/PROBLEM SOLVING STRATEGY

* This assumes that both parties will work together to each agreement by exploring the underlying interests of the parties to reach an agreement that is objectively fair to both parties.

* The approach is of mutual problem-solving based on mutual co-operation (differs from cooperative strategy because it is not positional).

* There is mutual sharing of information and open discussion (on a without prejudice basis) of options for settlement

* A possible outcome may be measured against objective criteria e.g. the view of an agreed expert to show it is "fair"

* Options for settlement may go beyond the issues in the case to find mutual benefits - a "winwin" situation, or "expanding the pie".

Buy the full version of these notes or essay plans and more in our Alternative Dispute Resolution Notes.