Case Studies: The Ways to Achieve More Effective Negotiations

effectivePepperdine Dispute Resolution Law Journal

Volume 7 | Issue 3 | Article 3

4-1-2007
Case Studies: The Ways to Achieve More Effective Negotiations

Renee A. Pistone

INTRODUCTION

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. Further that the craftiness of the attorney negotiator when employing the specific negotiation strategy actually determines how successful that attorney will be in her procurement of the outcome the client desires. More importantly, the attorney negotiator must strive to comply with ethical guidelines set forth by American Bar Association’s Model Rules of Profesional Conduct (Model Rules) and their internal moral compass.

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 that the a Judge make the decision due to the cost and delay. Hence, there is increase pressure to negotiate and/or to enter into more formal mediation rather than litigate a dispute, whenever possible.

Case Studies: The W ays to Achieve M ore Effective Negotiations

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