Charles B. Craver
George Washington University – Law School
14 Cardozo Journal of Conflict Resolution 1 (2012)
Lawyers negotiate regularly, but few ever take the time when they have completed such critical interactions to ask themselves how they did. If they hope to improve their bargaining capabilities, they should take a few minutes after their more significant interactions to ask themselves some basic questions. Were they thoroughly prepared, and did they establish elevated but realistic aspirations? How did the negotiation stages develop? What bargaining techniques did they employ, and how did they counteract the tactics used by the other side? What did they do that they wished they had not done? What did they not do that they should have done? Through such inquiries, attorneys can significantly enhance their bargaining skills.