Negotiation by Mike GregoryState 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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Collab Law Process What is Collaborative Law
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What is Collaborative Law?The collaborative process is a form of dispute resolution which removes the “win at all costs” approach to traditional litigation. With the collaborative process, parties and their attorneys contractually agree at the outset to settle their disputes without going to court. Parties avoid lengthy—and costly—“discovery” by agreeing to disclose and exchange all information required to make sensible and fair decisions. Potential result: a less expensive, less emotionally destructive, and more dignified resolution for both parties. When disputing parties enter into the collaborative process, they agree to
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