The Ways to Achieve More Effective Negotiations

The Ways to Achieve More Effective NegotiationsThe Ways to Achieve More Effective Negotiations

Renee A. Pistone, Case Studies: The Ways to Achieve More Effective Negotiations, 7 Pepp. Disp. Resol. L.J. Iss. 3 (2007)
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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.2 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.3 More importantly, the
attorney negotiator must strive to comply with ethical guidelines set forth by
the American Bar Association’s Model Rules of Professional Conduct
(«Model Rules») and their internal moral compass. 4
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 than have a Judge make the decision, due to the
cost and delay.6 Hence, there is increased pressure to negotiate and/or to enter into more formal mediation rather than litigate a dispute, whenever
Part I of this paper focuses on the three main tensions present in all
traditional lawyer-to-lawyer negotiations. Part II is an illustration of
negotiation principles within a «live» negotiation. Part III summarizes the
main ideas of the paper. Part IV concludes the paper.

The Ways to Achieve More Effective Negotiations

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