Reflection On Negotiation

Introduction

The following reflective report will discuss my performance in the negotiation exercise that was conducted on the 15th of September. It will include a brief summary of the process and outcome, an analysis of my presentation and will finish with a conclusion. The analysis section will be broken up into the four stages of negotiation; the relational stage, the exploring stage, the generating of options and the reaching of a solution. Strengths, weaknesses, ethical issues and negotiation techniques will all be identified throughout the analysis. I will also refer to my preparation plan, feedback sheets and other relevant source material.

Brief Summary

During the negotiation I acted for my client who was named Cara, my opposing negotiator

I effectively managed to set forth concrete ideas to talk about and I established I would be seeking to ascertain the best outcome for Cara. My opposing negotiator definitely took note of the tone set forth and responded accordingly. My feedback sheet stated I acted in the best interests of my client and this aided my arguments throughout the rest of the negotiation. Strategies I used included highlighting the pain felt by my client and calling my opponent by her first name in order to come across as superior. I definitely utilized the ‘positional approach’ throughout the relational stage as I deemed it important to not appear debilitated at the commencement of the negotiation. Establishing that I held the stronger position paved the way for a better outcome. As stated in the Professional Skills and Ethics textbook, ‘negotiators in this opening stage are usually focused on creating an aura of power and are looking to persuade the other negotiator that they hold the stronger position.’ Fortunately there were no major ethical issues raised during this stage. In relation to professionalism, I noticed that my etiquette and manner of speaking may not have come across as respectful and courteous. Rule 4.1.2 of the Australian Solicitors’ Conduct Rules states that one must ‘be honest and courteous in all dealings in the course of

The main strategy I used was backing up each issue with relevant medical or police evidence and case law. This greatly aided my arguments. I conversed mostly for the first half of this stage and my opponent subsequently responded and detailed her issues in the second half. I was surprised that most of the issues raised by my opponent were about the store’s economic circumstances and her desire that the dispute does not go public or reach litigation. My opponent did not contend any issues I highlighted which indicates that I presented strong clear arguments. I was also commended for my legal research prior to the negotiation on my feedback sheet. This was unquestionably a strength which was greatly helped by my continuing use of the positional approach. The use of case law in solidifying my argument around false imprisonment enabled my opponent to be willing to reach an agreement in Cara’s interest. Tony Bogdanoski discusses the role of positional bargaining in his journal article stating it involved ‘adopting extreme offers and utilising negotiation tricks to force the opposing party closer to their position.’ My strategy enabled my opponent to adopt a position closer to my own. Nonetheless whilst my arguments may have been convincing, my presentation of them lacked