The Art of Negotiation
UCL Laws Negotiation
Competition
Getting to “Yes”
Julian Tucker
18 January 2011
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The Art of Negotiation
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Purpose
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To provide participant with an overview of what good practice negotiations looks
like.
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Copyright © 2005 Shearman & Sterling LLP. As used herein “Shearman & Sterling” refers to Shearman & Sterling LLP, a limited liability partnership organized under the laws of the State of Delaware.
The Art of Negotiation
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Outputs
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By the end of this short presentation participants will:
be introduced to the different styles of negotiation
 understand the types of approaches a negotiator can take
 be aware of the skills required to be an effective negotiator
 pick up some tools, tips and techniques which they can apply in the negotiation game.

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Copyright © 2005 Shearman & Sterling LLP. As used herein “Shearman & Sterling” refers to Shearman & Sterling LLP, a limited liability partnership organized under the laws of the State of Delaware.
The Art of Negotiation
Negotiation – a definition:
 “A discussion in order to reach an agreement.”

Oxford English Dictionary
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The Art of Negotiation
The Competitive Style
 The Cooperative Style
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Negotiation – the Competitive style
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Characteristics:
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Open with high demands
Take strong/specific position
Reveal little information
No empathy
Argumentative rather than conciliatory
Narrow issues for negotiation
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Negotiation – the Competitive style
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Purpose of Competitive negotiator:
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To obtain concessions while make few concessions
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Negotiation – the Competitive style
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Advantages
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Useful against a weak opponent
Strengths derived from clear and limited
objectives
Technique respected by clients
A ‘good result’ can be achieved early
Enables negotiator to be clear and
consistent
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Disadvantages
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Produces tension
Generates mistrust and irritation
May lengthen process
Exacerbates differences
May focus on trivial issues
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Negotiation – the Cooperative style
Characteristics
 The Cooperative negotiator aims to:
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Put the client first
Be fair
Maintain good relations
Look for common ground between parties
Make reasonable offers to settlement
Create an open and trusting environment
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Negotiation – the Cooperative style
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Advantages
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High probability of reaching settlement
Fairness is normally achieved
It encourages concessions from other
side
Has potential to offer greatest benefits to
both parties
Easier to enforce
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Disadvantages
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Cooperative approach can be mistaken
for weakness
Opponent may take advantage of
cooperation
Concession may be made too readily
Pressure easily applied by opponents
Hard to control – not tightly focussed
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Negotiation Approaches
The Positional approach
 The Problem Solving approach
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Negotiation Approaches
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The Positional approach
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The favoured approach for the competitive negotiator
Three step approach:
First step: determine bottom line
 Second step: ascertain your opening position
 Third step: negotiate
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Negotiation Approaches
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The Problem Solving approach
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Centres on all angles of the case
All factors considered
Primary objective is to maximise gains all round
Most effective in the hands of experienced negotiators
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The Skills of an Effective Negotiator
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Questioning and listening skills
Trustworthy
Personable
Perceptive
Self controlled
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Prepared
Legally astute
Realism
Convincing
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The Art of Negotiation
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Tips
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Try to separate the people from the problem
Focus on interests not on positions
Invent options for mutual gain
Insist on objective criteria
Always develop a best alternative to a negotiated settlement (BATNA)
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The Art of Negotiation
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Any Questions?
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The Art of Negotiation Getting to “Yes” Julian Tucker 18 January 2011