For many lawyers, deciding which negotiation strategy to employ depends on the specific context of a negotiation. In fact, the attorney faces a complex choice in their selection from among the different negotiation strategies and must frequently negotiate any particular matter using a combination of more than one negotiation strategy. Most lawyers use the art of negotiation as a tool in their daily practice. The trend is that many attorneys and clients decide to negotiate their disputes themselves rather than have a Judge make the decision, due to the cost and delay. Hence, there is increased pressure to negotiate and/or to enter into more formal mediation rather than litigate a dispute, whenever possible. Part I of this paper focuses on the three main tensions present in all traditional lawyer-to-lawyer negotiations. Part II is an illustration of negotiation principles within a "live" negotiation. Part III summarizes the main ideas of the paper. Part IV concludes the paper.
Renee A. Pistone,
Case Studies: The Ways to Achieve More Effective Negotiations,
7 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol7/iss3/3