Interest-based Negotiations

In my role as a transactional attorney, and even handling dispute resolution, I spend much of my time negotiating deals. Sure, it is important to know and understand the law that affects each transaction, but there is also an art to negotiating the terms.

The worst situation is the typical flea market scenario where the parties stand on positions, and volley concessions back and forth and perhaps reach an agreement on price.  More successful negotiations rely on preparation and thoughtful discussion, for example prioritizing issues, considering alternatives, understanding the parties’ respective interests, and recognizing where there is flexibility, or opportunities to enlarge the metaphorical pie.

Leading negotiation skills workshops for business groups and entrepreneurs is one of my great pleasures.  Recently, I led a lunchtime “speed negotiation workshop” for a group of business owners and entrepreneurs.  We shunned positional negotiations, focusing, rather, on interest-based negotiations.  We achieved some remarkable and creative outcomes!

Attached is the very brief presentation from the speed workshop that preceded the negotiations exercise.  More information on negotiations skills will be coming up here soon.

Click here to download presentation (PDF)