I have come away from this week with an appreciation for how skillful and necessary mediators are in a dispute resolution process. At the same time however, I am more confused and doubtful of what a lawyer’s role should be in these alternative forms of problem solving.
For the second negotiation simulation on Wednesday, I found myself asking my own client to compromise quite often. My partner, who was very much in character, refused some of the suggestions I have made. I later wondered if I should have proposed some of the ideas in the first place, as they required more concession on the part of my client. In some ways, I felt that I did not perform my duties as a lawyer satisfactorily, as I have placed the success of the negotiation above
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I was almost disappointed when my client refused to budge on certain points, of which I thought were negotiable. I still think that a lawyer should inform their client when they are being unreasonable, but I probably should also be careful that I do not coerce or pressure my clients into doing something they do not feel 100% comfortable with, just because I think I know better. Something I have learned during the debrief after the exercises, which might help with this problem, is to hold caucuses when there is stalemate or when you find the need to talk privately with your client to regroup. This should have been an obvious action to take, but it never came across my mind during the simulation. This really demonstrated, to me, that negotiation involved a lot of strategies, and was a real skill that needs to be trained and …show more content…
As an observer who had no role in the circle, I was almost in disbelief over how smoothly it went. Over DPW, I have been tentatively optimistic about how effective mediation can be. I am aware of how quickly a seemingly productive meeting could derail, and destroy any previous progress that have been made. I was therefore somewhat apprehensive about how effective the process was. Hearing about Robert McGavin’s (our restorative circles initiative) accounts was encouraging, as it provided a sense of realism that was missing for me during the exercise. The one thought that occupied my mind however, was how effective the sentencing circle would be for healing the victim. While a main feature of the sentencing circle was to rehabilitate the offender, and make them realize how their actions could affect those around them, I would have liked to know how often the victims really received closure from the experience. Nevertheless, the sentencing circle did seem to be a better alternative than normal court proceedings in many aspects. I think, as lawyers, it is more important than ever to consider what we could offer to our clients in terms of our services, instead of just following
Communication skills are important in professional negotiations and in personal life. This book discusses why we find some dialogue difficult, why we avoid it, and why we often address it ineffectively. Most important, the authors suggest methods for more effective, productive, and rewarding, interaction.
The reluctance to teach the distributive bargaining tactic may be due to the fact that most teachings on negotiation skills are centered around the notion of all parties coming out of a deal with something they want. Negotiations are supposed to begin in a positive way in which the negotiators consider the needs and wants of the others involved and their...
Negotiations styles are scholastically recognized as being broken down into two general categories and those are distributive bargaining styles and integrative negotiation styles. Distributive bargaining styles of negotiation are understood to be a competitive type of negotiation. “Distributive bargaining, also known as positional bargaining, negotiating zero-sum, competitive negotiation, or win-lose negotiation, is a type or style of negotiation in which the parties compete for the distribution of a fixed amount of value” (Business Blog Reviews, 2011). This type of negotiation skill or style approach might be best represented in professional areas such as the stock market where there is a fixed goal in mind or even in a garage sale negotiation where the owner would have a specific value of which he/she would not go below. In contrast, an integrative negotiation approach/style is that of cooperative bargaining, or win-win types ...
Journal of Dispute Resolution, 401-427.
Lewicki, J. R., Barry, B., & Saunders, M. D. (2006). Negotiation: Readings, Exercises and Cases (5th ed.). New York: McGraw Hill.
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
Negotiation, as we’ve learned, is the process of communicating where parties can discuss problems and/or targets and attempt to solve them via dialogue in order to reach a resolution. While many individuals feel successful negotiations are due to a natural skill, the truth behind reaching a prime agreement is preparation. You need to know the issue, know yourself, and know your party. This type of preparation also includes knowing your needs and limits, understanding what the other party wants and anticipating their limits, asking the right questions, and being creative in your counteroffers.
Lewicki, R. J., Saunders, D. M., & Barry, B. (2010). Negotiation: Readings, exercises, and cases. New York: McGraw-Hill Irwin
Fisher, R & Ury, W (1991). Getting to Yes: Negotiation Agreement Without Giving In. Penguin: New York
Lewicki, R., Saunders, D.M., Barry B., (2010) Negotiation: Readings, Exercises, and Cases. 6th Ed. McGraw-Hill Irwin. New York, NY
A group can only be called a team if the members are actively working together toward a common goal. A team must have the capability to set goals, make decisions, solve problems, and share responsibilities. For a team to be successful, trust must be earned between its members by being consistent and reliable (Temme & Katzel, 2005). When more than one person is working on a particular task, inconsistent views or opinions commonly arise. People come from different backgrounds and live through different life experiences therefore, even when working towards a common goal, they will not always see eye to eye. Major conflict that is not dealt with can devastate a team or organization (Make Conflict Work, 2008). In some situations, conflict can be more constructive than destructive. Recognizing the difference between conflict that is constructive to the team and conflict that is destructive to the team is important. Trying to prevent the conflict is not always the best way to manage conflict when working within a team setting. Understanding conflict, what causes it, and how to resolve conflict effectively, should consume full concentration.
McCarthy, A. (n.d.). 10 rules of negotiation. Negotiation Skills. Retrieved March 31, 2014, from http://www.negotiation-skills.org
Although no agreement was made, this simulation taught me a lot about dealing with group negotiations. The hardest part of this whole thing was that I had to deal with multiple parties, each with their own strong opinions. Overall, I am very pleased at how I handled myself and don?t think I would do much differently in the future. However, as is always important in business, I need to make sure my emotions do not interfere with the task at hand. I cannot take no?s as a personal rejection, but rather try to understand why they said no, and how I can persuade them to choose otherwise. Another thing that I will practice in the future is not to give up my strategy if an argument arises. I always try to do a mix of the Push and Pull styles and cannot let others move me from this middle. When the FED rejected the proposal I was suddenly turned into a Push Style negotiator and thinking back, that was not the right move.
Lewicki, R. J., Barry, B., & Saunders, D. M. (2007). Essentials of Negotiation. New York: McGraw-Hill/ Irwin.
Negotiation approaches are generally described as either distributive or integrative. At the heart of each strategy is a measurement of conflict between each party’s desired outcomes. Consider the following situation. Chris, an entrepreneur, is starting a new business that will occupy most of his free time for the near future. Living in a fancy new development, Chris is concerned that his new business will prevent him from taking care of his lawn, which has strict requirements under neighborhood rules. Not wanted to upset his neighbors, Chris decides to hire Matt to cut his grass.