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Negotiation by Mike Gregory

State Bar of Texas - Collaborative Law Course

Dallas, Texas - March 10-11, 2011

CHAPTER 9

I. Introduction:

John F. Kennedy said, “Let us never negotiate out of fear.  But let us never fear to negotiate.”   Negotiation: lawyers do it all the time.  Lawyers are negotiators. We negotiate with ourselves, family members,   sales people, law partners, clients, opposing lawyers, unrepresented opposing parties, mediators, judges and others.  “Kids play their parents off each other. Whether you’re arguing with your spouse, buying a car, or selling a product or a house, you’re negotiating. Yet few have ever learned the strategies and techniques of effective negotiation.  Even fewer have mastered them.”  Martin Latz, Gain the Edge! Negotiating to Get What You Want (New York: St. Martin’s Press, 2004).  Most of the time these negotiations are haphazard, without adequate preparation.

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Denton County Collaborative Professionals Benefits 10 Tips to Handling a Legal Dispute
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Ten Tips to Handling Any Legal Dispute

  1. "Fair” is a matter of perspective. What seems fair to you may not seem fair to the other party. No one is objectively right or wrong about what is or is not fair.
  2. Live up to your own standards. The right thing to do is the right thing to do, regardless of how anyone else is acting.
  3. Find an attorney who fits your style and personality. Remember, you are the boss. Your lawyer should tell you your options, explain the consequences and costs of each choice, and let you decide what to do next.
  4. Treat the financial aspects of your dispute as a business decision. Cut your losses and optimize your gains.
  5. Learn as much about the financial ramifications of your dispute before you meet with the other party: make copies of old records, go through files, consult your accountant.
  6. Look at the big picture. It is easy to get caught up in the small matters that won't make a difference in the long run.
  7. Avoid doing anything that you don't want the other party to know about. Chances are he or she will find out.
  8. Your situation is different from your friends', your neighbors', or your family members'. What worked for them may not work for you. Consider their well-meaning advice as information only.
  9. Wishing things or people were not the way they are is a waste of time and energy. Focus on changing what you can change.
  10. Take care of yourself physically. Find a way to release stress, move your body, and clear your mind.

 

 

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